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Overview

This Fifth Edition of Bouchoux’ comprehensive, reader-friendly text helps aspiring and practicing paralegals master the complexities of modern intellectual property law, including registration procedures, duration of rights, and protection from infringement. Updated to address current trends and developments, the new edition covers cutting-edge issues such as technological innovations, intellectual property in the digital age, the role of the Internet, and evolving business law. Sample agreements, forms, task checklists, realistic case studies with related activities, excerpts of real cases, and a new “Putting It into Words” feature help students master key concepts and procedures.

Deborah E. Bouchoux, Esq., Georgetown University

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.
  • 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.
  • 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).
  • 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.
  • 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.
  • New coverage of cutting-edge trademark issues, such as trademark bullying and the register ability of hashtags, expand student understanding.
  • 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.
  • An expanded discussion explores "white hat" hacking and whether sampling, mashups, and looping of music constitute copyright infringement.
  • The recent change from the U.S. Patent Classification System to the Cooperative Patent Classification System is included.
  • Updated coverage of software patentability, proposals for patent reform to curb infringement actions brought by "trolls," and defensive patenting is included.
  • Expanded emphasis on challenges to patents brought under the America Invents Act prepares students for today's legal environment.
  • Coverage of cutting-edge issues includes the patentability of human genes, crowdsourcing of prior art, and whether 3-D printing infringes patents.
  • 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.
  • 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.
  • "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.
  • "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.
  • 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.
  • 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.
PART I: INTRODUCTION TO INTELLECTUAL PROPERTY.
1. Introduction to Intellectual Property Law.
PART II: THE LAW OF TRADEMARKS.
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.
PART III: THE LAW OF COPYRIGHT.
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.
PART IV: THE LAW OF PATENTS.
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.
PART V: THE LAW OF TRADE SECRETS AND UNFAIR COMPETITION.
22. Trade Secrets Law.
23. Unfair Competition.
24. Intellectual Property Audits and Due Diligence Reviews.
APPENDICES (ONLINE ONLY).
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.
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