Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets,
5th Edition

Deborah E. Bouchoux, Esq.

ISBN-13: 9781305948464 | ISBN-10: 1305948467

Copyright 2018

| Published 2017

| 576 pages

List Price USD $199.95


Master the complexities of modern intellectual property law with this comprehensive, reader-friendly text! Throughout the book, you’ll find sample agreements, forms, checklists of paralegal tasks, statutes, realistic case studies, and excerpts of real cases involving interesting issues (such as the copyright ability of the Batmobile, tattoos) that will help you prepare for a successful career as a paralegal.

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Meet the Authors

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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.

  • An expanded discussion explores "white hat" hacking and whether sampling, mashups, and looping of music constitute copyright infringement.
  • New topics include the fair use defense in copyright infringement cases; the Digital Millennium Copyright Act (including recent cases on the protections and liability of Internet service providers, such as YouTube); the copyright ability of tattoos, social media postings, apps, and the famous "monkey selfies" case; the Copyright Office's Fair Use Index; and the top ten copyright infringement issues for students.
  • Coverage of cutting-edge issues includes the patentability of human genes, crowdsourcing of prior art, and whether 3-D printing infringes patents.
  • The recent change from the U.S. Patent Classification System to the Cooperative Patent Classification System is included.
  • New Cases in the News include In re Tam (holding that the Trademark Act's prohibition against disparaging marks violates the First Amendment); Authors Guild v. Google (allowing Google's book scanning project as a fair use of copyrighted works); Petrella v. Metro-Goldwyn-Mayer, Inc. (holding that the laches defense cannot be used in copyright infringement cases); Myriad Genetics (holding that naturally occurring DNA segments are not patentable); Alice Corp. v. CLS Bank International (the critical 2014 U.S. Supreme Court case that tightened the ability of inventors to obtain software patents).
  • New coverage of cutting-edge trademark issues, such as trademark bullying and the register ability of hashtags, expand student understanding.
  • New discussion questions, internet resource questions, trivia features, case studies and activities, and case illustrations (briefs of interesting and fun intellectual property-related cases, such as copyright infringement suits by Prince and the Beastie Boys) help students review what they have learned, apply their knowledge and skills in practical ways, and master course material.
  • Expanded emphasis on challenges to patents brought under the America Invents Act prepares students for today's legal environment.
  • Updated coverage of software patentability, proposals for patent reform to curb infringement actions brought by "trolls," and defensive patenting is included.
  • Insightful coverage of the new Defend Trade Secrets Act of 2016, the most significant change to trade secrets law in a generation, brings the book completely up-to-date.
  • New "Putting It into Words" features prepare students for paralegal responsibilities by requiring them to draft a paragraph or letter explaining a key concept from each chapter.
  • Numerous new exercises related to calendars and dockets give students ample opportunities to hone these essential skills and ensure they can correctly calculate intellectual property dates, just as they would be required to do on the job.
  • Complete, comprehensive appendices that feature sample forms, agreements, charts, statutes, a table of treaties (showing which countries are signatories to IP-related treaties) and references to state trademark laws and provisions for all 50 states, provide useful, real-world tools and material to help students prepare for professional success.
  • Multiple class activities, including a realistic case study, questions for group discussion, and trivia questions, reinforce learning and encourage students to engage with the material for easier mastery.
  • This comprehensive overview of the four fields of intellectual property law -- trademarks, copyrights, patents, and trade secrets -- includes essential concepts, practical tools and examples, and activities to support learning and skill development.
  • "Internet Resources" and "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.
  • "Ethics Edge" features in every chapter help students appreciate the complexities and ramifications of the situations they will encounter as working paralegals -- and reinforce the importance of ethical action as a standard of professional practice.

Table of Contents

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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.
Appendix A. Table of Treaties.
Appendix B. State Trademark Registration Provision.
Appendix C. Resources.
Appendix D. Forms Appendix.
Appendix E. Selected Statutes.
Appendix F. The Leahy-Smith America Invents Act: Summary and Discussion.

Cengage provides a range of supplements that are updated in coordination with the main title selection. For more information about these supplements, contact your Learning Consultant.

Instructor's Companion Website for Bouchoux's Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets, 5th

Everything you need for your course in one place! This collection of product-specific lecture and class tools is available online via the instructor resource center at www.cengage.com/login. This Instructor’s Companion Website includes an Instructor’s Manual, Test Bank, and PowerPoint lecture slides. Instructors Manual: The 300+ page Instructors Manual includes: Tips on teaching, assignments, and grading; Ideas for supplemental assignments; Sample syllabus for course; Helpful websites for teachers; Chapter-by-chapter Resources; Lecture Notes; Suggested Answers to Case Study and Activities; Using Internet Resources Questions (with answers). Discussion Questions (with answers); Suggested narrative/answers to Putting It Into Words sections; and a Test Bank with than 650 questions in true-false, short answer, and fill-in formats (with answers).

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Intellectual Property

  • ISBN-10: 1305948467
  • ISBN-13: 9781305948464

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