Intellectual Property Books

This book takes off from the common observation that something is
severely broken about our view of creativity and knowledge. The
observation is usually directed to legal policies ("intellectual
property" regimes) but has implications for economic thinking and
culture as well. The book applies research in communities ranging from
indigenous peoples to computer hackers to seek new legal and economic
alternatives to foster creativity.

Each chapter in this book has something to offer, even to readers who
are already following current controversies over music sharing,
reverse engineering of source code, patent reform, etc. The chapters
that cover well-known controversies do so in unusual depth and with
refreshingly bold recommendations.

In addition to these chapters, many others offer interesting
perspectives, such as Paul A. David's look at the history of the
scientific method, and several anthropologists writing about the
sophistication of views among indigenous peoples on creativity and the
ownership of knowledge. Like Jon Ippolito in his review, I found the
anthropological writings tough to get through, but a second reading
always revealed their key points.

This book contains some important historical documents, some good
exercises to stretch your mind, and some truly promising directions to
explore in order to fix the system that controls and rewards the
dissemination of knowledge.

If you think peer-to-peer collaboration is the exclusive province of 21st-century computer nerds, this hefty anthology will open your eyes to its precedents among indigenous cultures and its growing offshoots in pursuits as lofty as genomics and as mundane as proofreading.

Readers accustomed to open software manifestos by programmers like Richard Stallman or Eric Raymond will find much of this volume phrased in the academic lingo of economics or political science rather than geekspeak; the writing in the first section, mostly by anthropologists, can be turgid. But don't let that deter you, for the book's first section contains some of the most nuanced perspectives on the concept of the cultural and economic "commons"--in particular, on how its European variant is only a simplistic reflection of its older and more complicated origin among native peoples.

From anthropology the book winds its way through economics, public policy, and the life sciences, ranging from flights of theory to examples grounded in local cultures. (Did you know that copyright is stifling folk singers in Irish pubs, or that the Aboriginal word for "property" is the same as their word for "relative"?)

A particular eye-opener is Yochai Benkler's "Coase's Penguin," which traces commons-based collaboration in such diverse fields as NASA crater identification, encyclopedia writing, and proofreading--noting that the quality of anonymous contributions of online volunteers to such cultural and scientific production is often indistinguishable from that of paid professionals. John Clippinger and David Bollier's "Renaissance of the Commons," on the other hand, is a manifesto for open culture grounded in scientific revelations from recent research in neuroscience and behavioral psychology. It's an essay guaranteed to make copyright maximalists frown and commons advocates jump out of their seat and say, "Yes, I knew it!"

CODE is a circuitous but rewarding examination of open collaboration, a theory and practice poised to revolutionize the fields represented in this book and beyond.

I have read the book and have founded it to be very useful. The author emphasizes that it is best to write your own work for publication. If you wish to use somebody else work, then it is best to get his permission. The author points out that it could be cheaper than you think. I would recommend this book for someone who wants to write seriously.

Copyright law has become a matter of serious concern in recent years - so how do you use anything without getting sued? "Getting Permission: How to License & Clear Copyrighted Materials Online and Off" is a guide for anyone in a business situation where they will have to use someone else's creative license for their own. The guide covers the permission process, public domain issues, finding the copyright holder to get permission, fair use, and other issues that often crop up in this field. Enhanced with a CD-ROM which compiles the information in an easy to search format, "Getting Permission: How to License & Clear Copyrighted Materials Online and Off" is highly recommended to any business who often use other company's copyrights, and community library business collections.

Yes, this is a very good book. To the point, with much useful information. It IS A WORKBOOK with mostly blank forms to document your invention. It does not have the volume of information I was expecting. I do think it is a good book though, just don't buy it as a first book. It was printed as a companion to "Patent it Yourself".

One of the biggest mistakes inventors make is the failure to maintain adequate records for their inventions. This is often due to not understanding the vital importance of proper records from the standpoint of the U.S. patent laws. The law mandates that only the first and true inventor shall receive a patent.

The Inventor's Notebook is primarily designed to provide the inventor with the records you will need to legally prove you are the "first and true inventor". Please note that it does not offer legal advice. Only your patent attorney or a patent agent can advise you as to the current state of the law with regard to your specific invention. Also, to better understand and appreciate its purpose, you should also read and study a good up-to-date guide to patent law, such as David Pressman's Patent It Yourself.

In addition to providing the means to prove you are legally the first to invent, the Inventor's Notebook provides you with guidelines for making decisions regarding patentability, commerciality, and whether other paths could be taken -- e.g., keeping your invention a trade secret. The book is divided into four main parts -- a work diary, legal protection, marketing and financing.

The work diary section gives you examples of how to record your invention with regard to its conception, purpose, description, operation, novelty, prior art and what the advantages of your invention are. It stresses the importance of drawing a line through blank sections to prevent others from later claiming material was added after the page was prepared, dated and witnessed. Entries must be made in ink and pencil sketches should be photocopied. The proper method for adding photos is also given.

The legal section explains the importance of and how to make a prior art search. The term, "prior art", in patent law means any material that can be found that was on record before the date you conceived your invention and that might be used to deny your right to a patent. This includes prior patents, magazine articles, technical journals, books, catalogs, etc.

The legal section includes pages for the recording of contacts made while developing your invention with emphasis on securing confidentiality agreements to protect your invention. It also stresses the extreme importance of the "one year rule", which requires that you must file your patent application within one year of the date on which you first publish, publicly use, sell or offer your invention, or any product that embodies same, for sale.

The marketing section notes that you should avoid the trap many first-time inventors fall into -- namely, spending vast amounts of time, energy and money on your invention before checking out its commercial potential. It also warns of the very common trap of paying money to an "invention developer" who, quite often, cannot even furnish the names of any successful clients. The book provides a list of 34 positive factors and 21 negative factors for evaluating your invention.

The marketing section also contains "Potential User Survey" forms and some recommendations for doing market researching. Also, it contains forms for recording your own study of "Relevant Market Trends" and a list of questions you should ask yourself regarding forming a decision as to manufacturing it yourself, distributing it yourself or selecting companies to do it for you. In addition, four pages of information regarding Internet Web pages useful to inventors are provided. This includes "A Cyberpreneur's Guide to the Internet". Today the Internet not only provides vast amounts of information but it also can be used to promote your invention.

The financial section contains guides and checklists for your budget estimates and for selling your invention or for seeking capital.

The back of the book contains lists of publications about patenting, business and books of interest to inventors. Also in the back of the book are tear-out copies of a "Consultants Work Agreement", "Proprietary Materials Agreement", "Positive and Negative Factor Evaluation Form" and a "Universal License Agreement Form". In addition, a six-page glossary is included covering 13 functions such as springs, shape, optics and fluid flow. This can be a great aid when you are at a loss of words to describe the parts and functioning of your invention. It clues you in on the terms patent examiners most often see. Using these terms will also make your invention more understandable to your patent attorney or agent.

This is a superb book. Every serious inventor should own a copy. The price is very low and its value to you is very high. It is simple to understand and is without the "legalese" some authors use to impress readers.

Note the title -- for Scientists and Engineers. This is not an in depth text that will make you a patent attorney. This is also not a go get a patent yourself type book. This is an introduction to the process of getting a patent and what it is that you have after you get one.

When you work with a patent attorney, the first thing that he has to do is explain to you what you need to do, how you need to document things, the procedure that you're going to have to go through and a whole lot more. This procedure is long and tedious. If the lawyer has to sit and explain it to you, he's going to charge you a bunch. This book does that job for a lot less money, and probably does a better job.

There's one point that needs stressing. After you file for the patent, the application will be declined. This seems to be an unwritten rule of the Patent Office. If they reject it, you're supposed to refile if you think it's worth while. Sort of a test to see if you're serious.

This book covers the fundamental aspects of patents. The main emphasis is on the US patent system, with a lesser amount of material on Canadian and international patents in general. After a brief history of the patent system, major chapters cover, specifics of the US patent system, Canadian patent system, what are the requirements for an invention to be patented, interpretation of patents as technical literature, patents as legal documents, and what information is needed to defend a patent.
Summary information of the major steps in the current US patent procedurses is outlined. Along with this, a basic glossary rounds out the books contents.
Overall, the material is presented in a clear and consistent pattern. Not a lot of depth of discussion is presented in any one area. The author's intent was to give a brief introduction to the entire area of patents, their uses, limitations, and requirements rather than delve into the arcania of specifics.
The main audience is technical professionals that need a brief background introduction to some of the major concepts involved. The majority of examples are taken from chemical process, substance, and method patents

In this book, Andrew Mertha examines the impact of external pressure on China's policymaking and implementation processes in the area of intellectual property rights (IPR). He treats the Chinese IPR regime as the result of a two-level game played both at the international and domestic levels. This allows him to show that while external pressure may play a pivotal role in getting Beijing to promulgate IPR-related laws and regulations, the enforcement of these edicts falls within the domain of China's complex bureaucracies and local government officials. Mertha's focus on the interplay between international, national, and local dynamics leads him to meticulously trace the process of policy formulation within the U.S. Trade Representative, the interactions of the latter body with Chinese officials, and the complex maze of bureaucratic entities that are subsequently handed the task of enforcement. The result is a work that makes a significant empirical contribution to the knowledge on intellectual property rights and related U.S.-China interactions.

That being said, the depth and detail of Mertha's analysis sometimes makes it unwieldy. His analysis is complex and nuanced, but it is sometimes unclear that his independent and intervening variables are the only causes for change, or which one is more important. For example, was lateral exogenous pressure or dynamic institutional structure the driving force in facilitating effective trademark enforcement? Also, considering his attention to detail, it is interesting that Mertha neglects to talk much about the "pirates" or perpetrators of IPR violations themselves. Mertha's heavy focus on interviews with bureaucrats and businesspeople makes the reader wonder if he might be missing another dimension of the story. In addition, Mertha's case would be somewhat stronger if he could prove that the center was genuinely committed to IPR enforcement--by showing that IPR has become a legal norm, for example. China's legal history suggests that the concept of intellectual property as owned by individuals was virtually nonexistent; copying was even thought to be a sign of respect for the original owner, its theft an "elegant offense" (as argued elsewhere by William Alford). Although Mertha dismisses simplistic cultural explanations, it is plausible that there is no real gap in legislative intent and on-the-ground enforcement, and rather, that everyone has agreed to pretend to take the issue seriously when the situation warrants it. If true, this assertion would greatly weaken the author's findings.

Those flaws aside, Mertha brings a considerable wealth of empirical information to bear on a very timely and interesting issue. He does an excellent job explicitly outlining the significance of his study for scholars of China and for the larger endeavor of political science. His commitment to explicitly addressing the falsifiability of his claims and exploring alternate explanations is also admirable. Moreover, Mertha's analysis has obvious policy implications, since it essentially illuminates potential pressure points in the Chinese system. A policymaker reading it might deduce that attention should be shifted away from demanding changes in legislation at the national level and directed to working with local authorities wherever problems are discovered. Also, the author's sharp distinction between formal ratification and compliance implies that greater attention should be paid to the institutions that enforce regulations, in addition to the word-smithing of the laws themselves. Overall, this book makes a valuable contribution that strikes out into a new direction and leaves rooms for others to build upon its insights. It will be interesting to see how widely generalizable these findings are to other issue areas, given the highly international and technical nature of intellectual property rights. However, Mertha's work could benefit from closer attention to norms, more clearly delineated causal mechanisms, and cases drawn from other issue areas and domestic settings.

Andrew Mertha's book made my life harder. Deep in the writing of a paper on Chinese intellectual property, I received word that his book was available days before a deadline. That alone makes him a target of my ire. But ultimately, my research benefited from this book.

Mertha weaves a tale that utilizes anecdotes and current research to show how government policy towards IP in China is changing while cultural notions of IP remain unformed. Laws are enforced, but only from the top down. Does this mean China is failing at enforcement? Not fully. What it means, according to Mertha and my own research, is that China is only now becoming convinced that IP has any positive benefits for its own development, now that Chinese nationals are themselves begin to become creators and owners of property and ideas they want to protect. The government might yield to pressure from the international community to enact laws, but real change, when IP is recognized to have benefits for China, will only occur as the Chinese become more savvy creators, writers, and inventors.

I recommend this book for anyone interested in the engaging, if highly academic, field of intellectual property.

Cate is an expert in the best sense of the word. He knows the technology and the law; he understands how information is acquired and traded in the private sector; and he has given the whole matter a great deal of thought. He judiciously keeps his conclusions tentative, but readers respectful of the liberal social order, and thus dubious about the merits of government intervention beyond the enforcement of contracts, will find a great deal of merit in his work. So, for that matter, will those who are dubious about the ability of individuals acting in the marketplace to deal with problems of this sort. Whether one agrees with Cate's tentative conclusions or not, his mastery of the subject and the clarity of his exposition make Privacy in the Information Age a valuable and thought-provoking book for anyone concerned about either his own privacy or the way personal and institutional information is controlled as its accumulation and dissemination become easier and cheaper.

This book focuses almost entirely on the legal aspects and status of privacy. It appears to be do a good job of that but I can't tell. I didn't find much about technology, political issues or potential future developments

(1) This book would be more practical if it includes some guidance for international practices. As I know, for many big trademark practitioners, U.S. work has become a small portion of their income (probably because it is very much standardized), and international work has increased dramatically because of U.S. trade expansion. It may not be necessary to add a "foreign practice" part, but some basic knowledge, along with a brief summary of, international practice would make this book more helpful to a "trademark practitioner".

(2) As to the first part of this book - "what is a trademark". I would make comment: despite all the legal aspect of what is a trademark, it's not far from a scentmark in a lion's territory. A trademark, standing by itself, is nothing but a mark, like a scent is a scent. It doesn't mean a thing. But a scentmark made by a lion on the trees and bushes in his territory means a lot: this is not only his territory, but he means to protect it. All intruders will be eaten - that is, if he can or be driven away. Sometimes, the intruders are more formidable and drive the existing master lion away, or kill it and become the new masters of the pride. And the new one/s will start pee on the trees and bushes to scentmark the new master. The trademark is pretty much like this jungle life. You have a mark, OK. You have to enforce it, by using it, by registering it, by prosecuting infringers (intruders) announce the existence of your market (territory) and keep off potential competitors. Or you lose it. You'll be kicked out of the market or eaten alive.

(3) I think in trademark practice, a practitioner should always consult business people who have firsthand knowledge about the real market situation, particularly in case of international practices where large amount of work (and money) is involved.

(4) For domain name, I don't understand why identical domain name can't co-exist. For trademark owners of the same name (for different areas of business, of course) they could share the same domain name with a single website listing all the businesses using a certain tld. Then the user may further browse to find exactly which business is of interest to him. Further, there should be some connection between the domain name registration and trademark registration, and let trademark owner (registrant) have priority over those who don't.

(1) This book would be more practical if it includes some guidance for international practices. As I know, for many big trademark practitioners, U.S. work has become a small portion of their income (probably because it is very much standardized), and international work has increased dramatically because of U.S. trade expansion. It may not be necessary to add a "foreign practice" part, but some basic knowledge, along with a brief summary of, international practice would make this book more helpful to a "trademark practitioner".

(2) As to the first part of this book - "what is a trademark". I would make comment: despite all the legal aspect of what is a trademark, it's not far from a scentmark in a lion's territory. A trademark, standing by itself, is nothing but a mark, like a scent is a scent. It doesn't mean a thing. But a scentmark made by a lion on the trees and bushes in his territory means a lot: this is not only his territory, but he means to protect it. All intruders will be eaten - that is, if he can or be driven away. Sometimes, the intruders are more formidable and drive the existing master lion away, or kill it and become the new masters of the pride. And the new one/s will start pee on the trees and bushes to scentmark the new master. The trademark is pretty much like this jungle life. You have a mark, OK. You have to enforce it, by using it, by registering it, by prosecuting infringers (intruders) announce the existence of your market (territory) and keep off potential competitors. Or you lose it. You'll be kicked out of the market or eaten alive.

(3) I think in trademark practice, a practitioner should always consult business people who have firsthand knowledge about the real market situation, particularly in case of international practices where large amount of work (and money) is involved.

(4) For domain name, I don't understand why identical domain name can't co-exist. For trademark owners of the same name (for different areas of business, of course) they could share the same domain name with a single website listing all the businesses using a certain tld. Then the user may further browse to find exactly which business is of interest to him. Further, there should be some connection between the domain name registration and trademark registration, and let trademark owner (registrant) have priority over those who don't.

In current high technology, there has arisen the open source movement. One of its motivating chants is that "information wants to be free". But what about copyright, not just of source code, but of writings in general? The distributed nature of the Internet and the ease of exact digital copying has led to an undergoing reexamination of what copyright might mean in our time.

This book helps by giving a historical perspective as to how copyright gained its current meaning. Rose traces copyright to the early 1700s. Which, in the history of civilisation, is relatively recent. Copyright revolves around the concept of author and authorial rights, which emerged then. Surprisingly to some, Shakespeare himself could never have claimed copyright of his writings, even if the concept had occurred to him. Most of his stories were not his original plots, but a brilliant rephrasing of plots handed down from the Middle Ages.

Rose traces the development of copyright to the rise of a mass market for printed books. Because without a printing press, copyright is irrelevant, for there is little of material substance to levy royalties. book.

It's like Bert-Jaap Koops have been reading in the deep of my thoughts, catching them and mixing up to write his book.

Easy reading is the main pro of this work. Not technical at all, absolutely for all. I'm getting a degree in philosophy and I really appreciated the author's try to involve, (real a hard try!) Mr John Rawls to build a social and political framework around crypto policies. I'm not a Rawls' fan, but It makes sense if we consider the author's starting point, separating Rawls' theory and practical applications.

Finally the real crypto controversy: power to citizens or to governments? The solution: balance between the parties (similar to Rawls' balance between classes). Just one consideration (maybe I'm too critic): in John Rawls theory, balance is like a component of human nature (to be very simple), in the real world people will probably need to fight to get this.

However this book is a real good job.

Do you or your company create original digital content? Perhaps music or graphics or video or text? Or combinations thereof. If so, then Seitz suggests that you should be concerned about protecting your content. Especially given the continued rise of peer to peer networks like Kazaa, Morpheus or Napster. These have been responsible for massive unauthorised copying of music. It is also expected that video copying will increase as more users get broadband and computers with bigger disks to store the video.

Seitz explains various methods of embedding a discreet watermark into your content. In such a way that it does not degrade, say, the visual or audio aspects of the content. But so that if you or your agent comes across a file with suspected unauthorised content of yours, then this can be easily verified by checking the watermark.

Of course, someone on the other side can try to remove the watermark. So much of the complexity of watermarking revolves around trying to defeat this.

Seitz offers his book not just to a programmer who might write the watermarking code, but also to the author or artist who creates the content. You can get a valid understanding of the level of current watermarking methods, and their limitations.