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Intellectual Property and the Law of Ideas

Intellectual Property and the Law of Ideas

  • 作者:
  • 出版商: Routledge
  • ISBN: 9780367708092
  • 出版时间 January 2023
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9780367075071

List Price: ¥210.56

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  • 描述 
  • 大纲 
  • 详细

    Ideas are the fuel of industry and the entertainment business. Likewise, manufacturers receive suggestions for new products or improvements to existing products, and retailers frequently receive ideas for new marketing campaigns. Many ideas are not new and may be used by anyone without the risk of incurring any legal liability, but some ideas are novel and valuable. If the originator of a potentially useful idea does not have the financial resources to exploit the idea, he or she may submit it to another, with the expectation of receiving compensation if the idea is used.

    Although an extensive body of intellectual property law exists to protect the rights of inventors, authors, and businesses that own valuable brands or confidential proprietary information, raw ideas receive no protection. Nevertheless, the originator of a potentially useful and marketable idea is not without legal recourse. The courts have developed, through a long line of common law precedents, legal protection for novel and concrete ideas under certain circumstances. The originator of an idea can rely on contract law, whereby the recipient may expressly or impliedly agree to pay for the idea. Alternatively, if the idea is disclosed in confidence, its unauthorized use by the recipient allows the originator of the idea to recover compensation. Finally, some courts have treated the ownership of ideas as quasi-property rights.

  • Chapter 1. Introduction to the Law of Ideas
    Chapter 2. Legal Theories of Idea Protection
    Contract Law
    Breach of Express Contract
    Breach of Implied Contract
    Unjust Enrichment and Quasi-Contract
    Breach of Confidence or Confidential Relationship
    Misappropriation of Property
    Chapter 3. Intellectual Property Protection and Preemption
    Patent Law
    Copyright Law
    Trademark Law
    Trade Secret Law
    Federal Preemption of State Law Theories of Idea Protection
    Patent Preemption
    Copyright Preemption
    Trade Secret Preemption
    Chapter 4. Requirements for Idea Protection
    The Novelty Requirement
    The Concreteness Requirement
    Chapter 5. Scope of Liability for Idea Theft
    Recipient’s Use of the Idea
    The "Blurt-Out" Defense
    The Independent Development Defense
    Chapter 6. Comparative Approaches to Idea Protection
    Protection of Ideas under International Intellectual Property Law
    Protection of Ideas under National Laws
    Chapter 7. Practical Aspects of Idea Submissions
    Idea Providers: The Nondisclosure Agreement
    Idea Recipients: The Idea Submission Agreement
    Chapter 8. Selected Bibliography on the Law of Ideas
    Index of Main Cases and Authorities
    Index of Terms

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