Nelson Higher Education

Higher Education

Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets, 4th Edition

  • Deborah E. Bouchoux, Esq.
  • ISBN-10: 1111648573
  • ISBN-13: 9781111648572
  • 544 Pages | Paperback
  • Previous Editions: 2009, 2005, 2000
  • COPYRIGHT: 2013 Published
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Overview

About the Product

INTELLECTUAL PROPERTY: THE LAW OF TRADEMARKS, COPYRIGHTS, PATENTS, AND TRADE SECRETS, Fourth Edition, is a thorough guide to the four fields of intellectual property law: trademarks, copyrights, patents, and trade secrets. This comprehensive, yet reader-friendly text helps aspiring and practicing paralegals alike master the complexities of modern intellectual property law, including topics such as registration procedures, duration of rights, protection from infringement, current concerns in each field, and international trends and developments. Now updated in a new Fourth Edition, this wide-ranging text features coverage of cutting-edge issues such as technological innovations, intellectual property in the digital age, the role of the Internet, and evolving business law. In addition to an in-depth overview of each field, the text features abundant practical material, such as sample agreements, forms, checklists of paralegal tasks, charts, citations, statutes, realistic case studies, excerpts of real cases, and interesting trivia to capture students' interest and provide valuable insights into real-world paralegal practice. Additional features useful for paralegal students and professionals include references to intellectual property websites, questions to encourage targeted Internet research, Case Illustrations, Case Study and Activities, Role of Paralegal element, and "Ethics Edge" boxes that explore ethical issues related to chapter content.

Features

  • This thorough, engaging text provides a comprehensive overview of the four fields of intellectual property law—trademarks, copyrights, patents, and trade secrets—including essential concepts, practical tools and examples, and activities to support learning and skill development.

  • "Ethics Edge" features in every chapter address ethical issues related to course material, helping students appreciate the complexities and ramifications of the situations they will encounter as working paralegals—and reinforcing the importance of ethical action as a standard of professional practice.

  • "Using Internet Resources" features direct students to access intellectual property websites to gain familiarity with common resources used by legal professionals, and to look up current information on ongoing cases, active discussions, and evolving trends.

  • Each chapter incorporates multiple class activities, including a realistic case study, questions for group discussion, and trivia questions, all designed to reinforce learning and encourage students to engage with the material for easier mastery.

  • Complete, comprehensive appendices feature sample forms, agreements, charts, statutes, and references to state trademark laws and provisions for all 50 states, providing an abundance of useful, real-world tools and material to help students prepare for professional success.

Reviews

"The end-of-chapter resources are excellent."
— Janice Hoover, Curriculum Chair, Career School

About the Author

Deborah E. Bouchoux, Esq.

Deborah E. Bouchoux, J.D., is an adjunct faculty member of Georgetown University, where she teaches a variety of topics in the Paralegal Studies Program and serves on the program's advisory board. She is a summa cum laude graduate of Santa Clara University School of Law and a member of the State Bar of California (inactive) and District of Columbia Bar (active). She has taught in a number of paralegal programs, including the University of San Diego Paralegal Program and the Paralegal Studies Program at George Washington University. She is the author of eleven textbooks and several articles in national and local paralegal publications.

Table of Contents

1. Introduction to Intellectual Property Law.
2. Foundations of Trademark Law.
3. Trademark Selection and Searching.
4. The Trademark Registration Process.
5. Post-Registration Procedures, Trademark Maintenance, and Transfer of Rights to Marks.
6. Inter Partes Proceedings, Infringement, and Dilution.
7. New Developments in Trademark Law.
8. International Trademark Law.
9. Foundations of Copyright Law.
10. The Subject Matter of Copyright.
11. The Rights Afforded by Copyright Law.
12. Copyright Ownership, Transfers, and Duration.
13. Copyright Registration, Searching, and Notice of Copyright.
14. Copyright Infringement.
15. New Developments in Copyright Law and the Semi-Conductor Chip Protection Act.
16. International Copyright Law.
17. Foundations of Patent Law.
18. Patent Searches and Applications.
19. Patent Ownership and Transfer.
20. Patent Infringement.
21. New Developments and International Patent Law.
22. Trade Secrets Law.
23. Unfair Competition.
24. Intellectual Property Audits and Due Diligence Reviews.

New to this edition

  • The author has thoroughly updated the text with new information on important current topics in each field, including the in-depth discussion on the Leahy-Smith America Invents Act, which was enacted in September 2011. This is the most significant patent reform act in 60 years. Other topics that have been updated include bankruptcy and trademark licenses, social networks and cybersquatting, the Madrid Protocol, sound recording owners' public performance rights, jailbreaking of iPhones, the Copyright Office's eCo system, new developments in copyright piracy, rejection of the Google Books settlement, Google Patent Search, "false marking," patent "trolls," the "Patent Prosecution Highway," and unitary patents for Europe.
  • The Fourth Edition includes new material on recent cases and legislation paralegals need to know, including Honda Motor Co. v. Winkelmann, In re Bose; Tiffany v. eBay; Viacom International Inc. v. YouTube, Inc.; Warner Brothers Entertainment Inc. v. RDR Books; Bilski v. Kappos; the Anti-Counterfeiting Trade Act ("ACTA"), the PRO-IP Act, the proposed Protect IP Act, and the proposed Patent Reform Act.
  • The author has reviewed and revised the case studies that conclude each chapter to ensure a more simplified and streamlined presentation, promoting easier understanding and more effective analysis for students.
  • The text includes numerous new exercises related to calendars and dockets, giving students ample opportunities to hone these essential skills and ensure they can correctly calculate intellectual property dates.
  • New Discussion Questions, Internet Resource Questions, Trivia features, Case Studies and Activities , and Case Illustrations (briefs of intellectual property-related cases) to conclude each chapter help students review what they have learned, apply their knowledge and skills in practical ways, and master course material more readily.

Supplements

All supplements have been updated in coordination with the Main title.
Please see Main title page for new to this edition information.

Instructor Supplements

Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets, Loose-Leaf Version  (ISBN-10: 133741378X | ISBN-13: 9781337413787)

INTELLECTUAL PROPERTY: THE LAW OF TRADEMARKS, COPYRIGHTS, PATENTS, AND TRADE SECRETS, Fourth Edition, is a thorough guide to the four fields of intellectual property law: trademarks, copyrights, patents, and trade secrets. This comprehensive, yet reader-friendly text helps aspiring and practicing paralegals alike master the complexities of modern intellectual property law, including topics such as registration procedures, duration of rights, protection from infringement, current concerns in each field, and international trends and developments. Now updated in a new Fourth Edition, this wide-ranging text features coverage of cutting-edge issues such as technological innovations, intellectual property in the digital age, the role of the Internet, and evolving business law. In addition to an in-depth overview of each field, the text features abundant practical material, such as sample agreements, forms, checklists of paralegal tasks, charts, citations, statutes, realistic case studies, excerpts of real cases, and interesting trivia to capture students' interest and provide valuable insights into real-world paralegal practice. Additional features useful for paralegal students and professionals include references to intellectual property websites, questions to encourage targeted Internet research, Case Illustrations, Case Study and Activities, Role of Paralegal element, and "Ethics Edge" boxes that explore ethical issues related to chapter content.

Online Instructor's Manual  (ISBN-10: 1133013228 | ISBN-13: 9781133013228)

The Online instructor's Manual serves as an instructional resource and provides a sample syllabus, Lecture Notes, answers to the Case Study and Activities question in the text, answers to the Discussion questions in the text, answers to the Using Internet Resource questions in the text, and a testbank.

Legal Studies Capstone: Assessing Your Undergraduate Education  (ISBN-10: 1111035075 | ISBN-13: 9781111035075)

LEGAL STUDIES CAPSTONE: ASSESSING YOUR UNDERGRADUATE EDUCATION provides an opportunity for students to review, enhance and demonstrate their knowledge and practical application of the law. Achievement of learning objectives is shown through development of a portfolio of student work and a successful score on a comprehensive exam. Measurable learning objectives are detailed for each unit, with discussion questions, portfolio assignments and exam questions designed to measure the attainment of each outcome. Job search, continuing education, ethical obligations and technology skills are addressed, and students organize related documentation to prepare for post-graduation endeavors. These units are followed by summaries of core substantive and procedural areas of law, providing students with a review of prior studies as well as a gap-filler for keys areas essential to success in the workplace, continuing education, or certification and employment exams. Students can evaluate their knowledge of the law through review of questions and answers provided in the comprehensive exam in Appendix A. Portfolio assignments display their ability to draft pleadings, prepare contracts, complete forms and report research results for review by a prospective employer or as reference for future assignments. The Glossary and Other Resources listed in Appendix B assist in fostering successful outcomes in both portfolio development and the assessment exam. In addition to the benefits to students, this text offers guidance to educational programs undertaking a meaningful assessment of learning outcomes. Review of student portfolios and success rates on the comprehensive substantive assessment present student data to be utilized in continuous curriculum development. The Instructor's Resources include a sample course outline, exit exam and portfolio grading rubric.

Student Supplements

Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets, Loose-Leaf Version  (ISBN-10: 133741378X | ISBN-13: 9781337413787)

INTELLECTUAL PROPERTY: THE LAW OF TRADEMARKS, COPYRIGHTS, PATENTS, AND TRADE SECRETS, Fourth Edition, is a thorough guide to the four fields of intellectual property law: trademarks, copyrights, patents, and trade secrets. This comprehensive, yet reader-friendly text helps you master the complexities of modern intellectual property law, including topics such as registration procedures, duration of rights, protection from infringement, current concerns in each field, and international trends and developments. Now updated in a new Fourth Edition, this wide-ranging text features coverage of cutting-edge issues such as technological innovations, intellectual property in the digital age, the role of the Internet, and evolving business law. In addition to an in-depth overview of each field, the text features abundant practical material, such as sample agreements, forms, checklists of paralegal tasks, charts, citations, statutes, realistic case studies, excerpts of real cases, and interesting trivia to capture your interest and provide valuable insights into real-world paralegal practice. Additional useful features include references to intellectual property websites, questions to encourage targeted Internet research, Case Illustrations, Case Study and Activities, Role of Paralegal element, and "Ethics Edge" boxes that explore ethical issues related to chapter content.

Legal Studies Capstone: Assessing Your Undergraduate Education  (ISBN-10: 1111035075 | ISBN-13: 9781111035075)

LEGAL STUDIES CAPSTONE: ASSESSING YOUR UNDERGRADUATE EDUCATION provides the opportunity for you to review, enhance and demonstrate your knowledge and practical application of the law as you complete your education. Achievement of learning objectives is shown through development of a portfolio of your work and a successful score on a comprehensive exam. Measurable learning objectives are detailed for each unit, with discussion questions, portfolio assignments and exam questions designed to measure the attainment of each outcome. Job search, continuing education, ethical obligations and technology skills are addressed, and you organize related documentation to prepare for post-graduation endeavors. These units are followed by summaries of core substantive and procedural areas of law, providing you with a review of prior studies as well as a gap-filler for keys areas essential to success in the workplace, continuing education, or certification and employment exams. You can evaluate your knowledge of the law through review of questions and answers provided in the comprehensive exam in Appendix A. Portfolio assignments display your ability to draft pleadings, prepare contracts, complete forms and report research results for review by a prospective employer or as reference for future assignments. The Glossary and Other Resources listed in Appendix B assist in fostering successful outcomes in both portfolio development and the assessment exam.