Customer Reviews

Intellectual Property in the New Technological Age

5 star:		(2)
4 star:		(1)
3 star:		(1)
2 star:		(0)
1 star:		(1)

 

 

This book is an excellent text dealing with multiple aspects of American intellectual property law. As a Canadian law student I found its approach of using first principles to introduce readers to the basics of intellectual property law very useful. From the first principles of copywright, trademark and patent law the book proceeds to give an insightful exposition of the developments of each of these areas of law in response to recent developments in the sciences. While some attention is paid to biotechnology in the patent section of the book, most of the work focusses on the impact of developments in intellectual property law as a result of information technology. Not only is this book timely but it also gives a very in depth analysis of these timely issues that I have not come across in other texts on the subject. I have just completed my LL.B at an excellent Canadian Law school. I specialised almost entirely in intellectual property law and found this to be my favourite text. Not just amongst my IP courses but amongst all the courses that it was my pleasure to take. If you are interested in IP and you want an understanding of it based Utilitarian first principles this book is an excellent resourse.

Overall, I thought this book was well-done. You could hardly pick a better team of authors to write as experts in intellectual property. That being said, it goes without saying that this book is excellent in its coverage of applicable legal issues. The authors also seem to be aware of student's concern over the production of edition after edition, and they take the time in the introductory to specify why this new version is necessary.

First, as to Copyright Law and Trade Secrets, it presents both relatively directly and in an understandable manner. It is cleanly-edited as well.

On the con side, there are more questions asked than answered in the Notes & Comments section after each case, which is sometimes frustrating (but seems to be a trend in these books). Some of the case edits also omit things that I thought shouldn't have been omitted (for instance, in Harper & Row the language always-quoted on "taking the heart of a work" in the third fair use factor was omitted). There are also some cases omitted that I would have included, but that's likely always true in textbooks.

As to the Trademark, Patent, Antitrust, Software, and Introductory materials, my comments above still apply generally. The book is generally well-organized and progresses in an orderly, logical manner. I have no complaints whatsoever about the accuracy of the substance of the book. The cases are cleanly-edited down to the most important material. Generally, I have no complaints with the clarity of the writing or its arrangement.

The drawbacks in the other sections of the book are that there are pieces of information scattered about in comments and questions or notes sections that would be more helpful if universally included. For example, discussion of doctor's liability when using patented devices occurs a few times in different chapters, but the information that appears in each only give a "big picture" if combined together (even then, this is assuming students remember the prior mentions and that the professor assigned all such sections for the class). The puzzle pieces are entirely consistent - it would just be more helpful if they were presented in-full both times or if it was only mentioned once (together in the same area, such as under contributory infringement). Among other examples, this occurs for specific international issues, after-arising technology, and rarely for channeling of protection between different IP modes (copyright, patent, trademark, trade secrets, etc.).

In the vast majority of cases, the book is also very clear in how it presents blackletter law. Occassionally, however, you're left wondering what the answer is to a particular nuanced question asked that it seems like the authors intended to answer. 99% of the time, the authors list the question ("can you be liable for...?") and then, after citing a case that addresses it, give the answer in a parenthetical (X v. Y, 123 F.3d. 88 (3d Cir. 2004)(no)"). But there are definitively instances where a nuanced legal point is left partially unexplained, or the reader isn't given an answer that current caselaw provides.

Let me reiterate that this book is an excellent one. Its shortcomings are few, and generally will be easily addressed by class lectures and/or students asking questions of their professor. And of course, no one book could answer every nuanced question of IP law; the authors have done a commendable job of covering the most essential, and not leaving students hanging. In summary, the book is quite good and I would certainly use it in teaching IP courses. The few errors that exist, however, I hope the authors will address in their ongoing efforts at producing this excellent textbook.

I'm very happy with this casebook. It's well written, generally well edited by some of the most notable IP mavens in the US (there's a good share of international law covered, but since my class glossed over it, so did I).

The subject line basically says it all. I never received this book. Now I am going to have to go through the hassle to get my money back. Also, because I waited so long to receive it, I ended up having to go the bookstore to get it so I could get my reading done, but by that point they only had NEW books, so I had to spend a bundle. This seller is not good and you should not buy from them! I would give them 0 stars, but Amazon won't let me!

The authors are luminaries of Boalt, UC Berkeley. The book is for students, and therefore concentrates on precedents. For European lawyers, better versed in commentaries and systematic works, this always is a problem. As such the work is the best, talking of high tech and intellectual property law. Do not forget "Software and Internet Law" by the same authors + Pam Samuelson.
In Europe the paramoutn work is The Modern Law of Copyright and Designs I-III by Mr. Justice Laddie et al. (£ 500 is a stiff price). In German there is Schricker, in French nothing really comparable.