2015 New Titles, Selected Backlist & eBooks PROFESSIONAL INTELLECTUAL PROPERTY TITLES www.e-elgar.com www.elgaronline.com www.elgarblog.com Digital Publisher of the Year 2015 - Independent Publishers Guild Frankfurt Book Fair Academic & Professional Publisher of the Year 2014 - Independent Publishers Guild Independent, Academic, Educational and Professional Publisher of the Year 2014 - The Bookseller To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Professional Intellectual Property Titles Proceedings Before the European Patent Office Determann’s Field Guide to Data Privacy Law A Practical Guide to Success in Opposition and Appeal International Corporate Compliance, Second Edition Marcus O Müller, European Patent Office, Munich, Germany and Cees A.M Mulder, Maastricht University, the Netherlands Lothar Determann, Baker & McKenzie LLP, US, Free University Berlin, Germany, UC Berkeley School of Law and Hastings College of the Law, US ‘The book gives a new approach to opposition and appeal It starts with setting out the consequences of choices made during drafting the patent application for opposition and appeal It provides arguments both for proprietor and opponent, for defence and attack The topics are illustrated by very instructive examples, often taken from case law The book is also a good introduction into the art of filing requests before the opposition division and the board of appeal Warmly recommended.’ – Derk Visser, European Patent Attorney, Of Counsel, Patent Attorney, EIP, London, UK and Lecturer at CEIPI, Strasbourg, France ‘Proceedings Before the European Patent Office: A Practical Guide to Success in Opposition and Appeal keeps the promise made in its title and helps the practitioner to avoid procedural pitfalls The authors come from different backgrounds and the book profits from their different perspectives Marcus O Müller is a member of the Boards of Appeal whereas Cees A.M Mulder is a European Patent Attorney and both have profound experience in teaching the EPC.’ – Rudolf Teschemacher, Bardehle Pagenberg, Munich, Germany ‘From the trainee assisting on their first opposition to the seasoned patent attorney, Messrs Müller and Mulder have written a book relevant to anyone interested in contentious IP proceedings Covering every aspect of opposition and appeal law and procedure, and supported by relevant and thoughtful examples throughout, even in relation to the intensely practical considerations surrounding oral proceedings, this is a welcome augmentation to current texts on European Patent Law Essential reading for every practitioner!’ – Gwilym Roberts, European Patent Attorney and Partner, Kilburn and Strode LLP, UK ‘The book illustrates, in a very instructive manner, the proceedings before the European Patent Office (EPO), specifically with regard to opposition and appeal procedures It guides the reader on what to avoid when drafting and prosecuting European patent applications, and will help practitioners, both in industry and in the legal profession, to take appropriate account of the most recent case law developments of the EPO with regard to opposition and appeal proceedings.’ – Heinz Goddar, University of Bremen, Germany Proceedings Before the European Patent Office: A Practical Guide to Success in Opposition and Appeal provides a better understanding of how opposition divisions and boards of appeal approach the cases before them Key Features: • Draft and prosecute patent applications to avoid problems later on in opposition and appeal • Properly attack or defend a patent • React if the patent is amended • Argue in case of late filings • Act in oral proceedings The Rules of Procedure of the Boards of Appeal are also discussed including their influence on opposition proceedings This insightful book focuses on the practical aspects of the proceedings and contains numerous ‘practical advice’ sections and ‘example cases’ Experienced practitioners will find that the detailed case law citation adds depth to their knowledge The practical advice and the illustrations from case law provide patent lawyers and patent attorneys with invaluable guidance on specific procedural and substantive questions, as well as on how to act properly in opposition and appeal proceedings Proceedings Before the European Patent Office: A Practical Guide to Success in Opposition and Appeal is an indispensable tool in the armoury of all patent practitioners Contents: Introduction Drafting and Prosecution Stage Opposition Stage Appeal Stage - Inter Partes Appeal Appeal Stage - Ex Parte Appeals Further Issues Conclusion Acknowledgement Index 2015 200 pp Hardback 978 78471 009 £75.00 2015 Paperback 978 78471 530 £55.00 Elgaronline 978 78471 010 ‘Lothar Determann has done a great service to the field of privacy by providing practical, workable advice for a dynamic and challenging issue This Field Guide will certainly be a valuable and soon dog-eared, addition to any privacy professional’s reference library.’ – J Trevor Hughes, President and CEO, International Association of Privacy Professionals (IAPP) ‘Determann’s Field Guide to Data Privacy Law is an indispensable handbook for international privacy professionals Written by a star lawyer, it explains how to develop and maintain a corporate privacy compliance program The book manages both to explain the “big picture” of global privacy challenges and to point out relevant details in a clear and concise fashion.’ – Paul M Schwartz, Berkeley Center for Law & Technology, University of California, Berkeley School of Law (Boalt Hall), US ‘Lothar Determann is Silicon Valley’s go-to data privacy expert Determann’s Field Guide to Data Privacy Law is a practical and accessible guide for non-experts I use it any time I encounter a new data privacy issue.’ – Josh Faddis, Vice President, General Counsel, Veeva Systems Inc., US ‘Understanding and navigating the complexities of data privacy is of paramount importance for companies Many in-house practitioners, who graduated from law school before data privacy was taught, feel left behind on this trending area of law Determann’s Field Guide to Data Privacy Law demystifies data privacy by providing practical and sound advice in an easy to navigate format A must-have reference book for all legal departments.’ – David Tognotti, Vice President and General Counsel, Monster Inc., US In this comprehensive yet concise “Field Guide”, Professor Determann has managed to consolidate an enormous breadth of legal requirements and best practices knowledge into a single, definitive reference that should be quite accessible even to non-privacy professionals As general counsel of a multinational public company, I consider Determann’s Field Guide to Data Privacy Law to be a pragmatic and indispensable reference in improving our compliance program, and highly recommend it for anyone looking for clear, practical guidance on establishing or improving their data privacy program!’ – Felix Sterling, Senior Vice President and General Counsel at Trend Micro Inc., Silicon Valley, US A handy A–Z of data privacy compliance completes the book and gives a concise tour of privacy-related issues, from Advertising to Zip Codes Lightweight enough to carry around, the book should be on the desk and in the briefcase of every compliance officer and corporate counsel New to this Edition: • Coverage of new topics such as big data, data brokers, spying and binding corporate rules for processors • Commentary on legislative changes including: EU data protection regulation, APEC data protection law harmonization, COPPA, HIPAA, ROSCA, EU cookies regulations and laws prohibiting compelled social media password disclosure • Smaller, handier format Key Features: • Concise overview of the practical requirements of data privacy compliance • Step-by-step guide to starting and maintaining a compliance programme • Advice on drafting documentation gives the user the tools to complete an end-to-end process • Glossaries of key acronyms and terms help the user to navigate through the field • Includes sample documentation and checklists to ensure the clearest possible guidance • Clear structure facilitates quick reference • A–Z of data privacy provides snapshot of key topics Contents: Introduction Key Concepts Starting a Compliance Program International Data Transfers Drafting Documentation Maintaining and Auditing Data Privacy Compliance Programs Data Privacy A to Z Index Elgar Practical Guides 2015 232 pp Hardback 978 78347 688 £75.00 2015 Paperback 978 78471 499 £55.00 Elgaronline 978 78347 689 Elgar Practical Guides To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Professional Intellectual Property Titles Trade Secrecy and International Transactions The Protection of Geographical Indications Law and Practice Law and Practice Elizabeth A Rowe, University of Florida and Sharon K Sandeen, Hamline University School of Law, US Michael Blakeney, The University of Western Australia and Queen Mary University, London, UK Trade secret protection has long been of critical strategic importance to business interests, and globalisation of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions This book offers an authoritative and unparalleled resource on U.S and international trade secret law and identifies optimal practices for securing trade secrets in varying jurisdictions ‘Michael Blakeney’s book is an excellent guide to the dizzying complexity of protecting geographybased brands in the EU Call them appellations, designations of origin, or GIs, any practitioner in this area of law will want Blakeney’s book in his or her library.’ Defined as the international standard for trade secret protection, the United States’ trade secret laws are explained in depth, illustrating their capacity and impediments The proposed EU trade secret directive and the impact this will have on international transactions is also closely examined, along with overviews of the laws in common law, civil law and mixed-law countries The book combines detailed substantive analysis with clear practical guidance on questions such as how businesses can avoid misappropriation and maintain data exclusivity when engaging in global commerce, through the utilization of alternative self-help strategies Key features: • Presents a roadmap for understanding Trade Secrets, including requirements for, defences to, and remedies • Covers both business-to-business and employment relationships • Authoritative commentary on US and EU trade secrecy laws in addition to coverage of the UK, India, China, Mexico, Brazil, Canada and Japan • Dependable analysis from two leading scholars in the field • Practical advice on overcoming the challenges businesses face when engaging in international transactions, including strategies for avoiding misappropriation • Clear guidance on enforcement mechanisms and litigation procedure This well-organized reference work will benefit legal practitioners in the commercial field across many jurisdictions, particularly those advising on business transactions or implementing protection strategies for trade information Policy makers will find the definition of trade secret law characteristics for multiple countries, alongside the consideration of the proposed EU trade secret directive, pragmatic and informative Aug 2015 c 336 pp Hardback 978 78254 077 c £125.00 Elgaronline 978 78254 078 – Justin Hughes, Loyola Law School, US Key features: • First volume to examine the 2012 European regulation on quality schemes for agricultural products and foodstuffs • Scrutinises the proposed amendments to the Community Trade Marks Regulation on certification marks • Uniquely considers the 2013 Customs Regulation • Offers the most up to date Practitioner book that considers the 2012 changes to geographical indications law The Protection Of Geographical Indications examines from a practitioner’s perspective the European laws concerning the protection of geographical indications and geographical trade marks The book expertly annotates the 2012 European regulation on quality schemes for agricultural products and foodstuffs, the proposed amendments to the Community Trade Marks Regulation on certification marks and the new Customs Regulation which deals with the counterfeiting of geographical indications Offering a clear and concise analysis of the updates to European laws that are concerned with geographical indications, this detailed discussion will be an important resource for IP practitioners at all levels Students and academics concerned with IP law as well as agricultural law and policy, and law and development, will also find much of value in this authorative volume 2014 512 pp Hardback 978 78254 671 £145.00 Elgaronline 978 78254 672 Elgar Intellectual Property Law and Practice series The Law and Regulation of Franchising in the EU Elgar Intellectual Property Law and Practice series Mark Abell, Partner in a law firm in the city of London, UK Patent Law in Greater China ‘Comprehensively researched and very detailed, this book is a worthy contribution to the literature on the subject.’ Edited by Stefan Luginbuehl, European Patent Office and Peter Ganea, Goethe University Frankfurt, Germany – Graham Cunningham, Barrister, Hardwicke This book provides a comprehensive introduction to patent policy, law and practice in Greater China and is a go-to book for patent practitioners who have client interests in that region Key features: • Introduction to Chinese patent policy • Coverage of technology transfer and substantive patent law, including prerequisites for protection, exceptions and limitations • Practical analysis of patent law relating to specific fields of invention: employee inventions, biotechnological and pharmaceutical inventions, and software inventions • Overview of the patent application and examination procedure, with a particular view on PCT applications • Insight into specific characteristics of enforcement mechanisms and jurisprudence in China, including the dual enforcement system, claim interpretation, infringement types, and invalidity procedures • Invaluable section on the relationship between patent and antitrust law, including practical realities in the sphere of anticompetitive licensing • Overviews of the patent systems of Chinese Taipei, Hong Kong SAR and Macau SAR • Edited by two leading patent experts, and written by a team of experienced practitioners from China and from Europe, offering insight rarely brought together in a single place An indispensable reference work for lawyers, patent attorneys and other practitioners interested in learning whether and how to protect patents in China Key features: • Practical analysis from a leading authority in the field of franchising • Examination of the impact of both franchise specific and general commercial law upon use of franchising in the EU • Comparative legal analysis of the law of England, Germany, France, the US and Australia • Carefully constructed proposals for a franchise directive in the EU based on the vast experience of the author • A draft text for the proposed directive The Law and Regulation of Franchising in the EU provides an in-depth analysis of the regulatory environment for franchising in the EU Franchising in the EU comprises nearly 10,000 franchised brands and over €215 billion (US$300 billion) turnover per annum However, compared to its scale in the US and Australia, franchising is not realising its full potential in the EU and the author points to the lack of homogeneity across members states as a large part of the problem The book concludes by arguing for the adoption of a draft directive, and proposes a draft directive, which promotes market confidence in franchising, provides pre-contractual hygiene and imposes a mandatory taxonomy of rights and obligations This highly topical and comprehensive work will appeal to franchise lawyers and franchise academics as this is the first book that analyses the impact of EU and member state law upon the use of franchising in the EU 2013 372 pp Hardback 978 78195 220 £129.00 Elgaronline 978 78195 235 Elgar Intellectual Property Law and Practice series 2014 528 pp Hardback 978 78195 483 £145.00 Elgaronline 978 78195 484 Elgar Intellectual Property Law and Practice series To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I To get email updates: subscribe@e-elgar.co.uk Professional Intellectual Property Titles The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights EU Copyright Law A Commentary Edited by Irini Stamatoudi, LL.M., Ph.D., Attorney at Law and Paul Torremans, University of Nottingham, UK A Commentary Justin Malbon, Monash University, Charles Lawson, Griffith University and Mark Davison, Monash University, Australia This authoritative reference work presents comprehensive article-by-article commentary on each of the EU Directives in the field of copyright, as well as analysis of the underlying basic concepts and principles such as free movement and nondiscrimination This Commentary on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a detailed textual analysis of TRIPS – a pivotal international agreement on intellectual property rights TRIPS sets minimum standards for national laws on copyright, patents, trademarks and other forms of intellectual property rights TRIPS profoundly impacts upon the regulation of access to medicines, compulsory licensing of copyright material, geographical indicators and other IP-related matters This reference book is a major authoritative work that is clearly organised and presented, allowing users to navigate quickly to commentary on any element of TRIPS The book begins with a context-setting section, providing guidance on interpreting TRIPS It considers the salient elements of the Vienna Convention on the Law of Treaties, the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes, and the preamble to the Agreement Establishing the WTO The book then follows the seven part structure of TRIPS, and provides an article-by-article analysis of each of its 73 provisions and specifically addresses the interpretation of key phrases in each article An essential resource for practitioners and scholars, this detailed and exhaustive volume will also prove invaluable to academics and students of intellectual property law, international law and trade law It is a first point of reference for anyone needing to know more about TRIPS Published as part of the Elgar Commentaries series, this unique book describes and analyses each EU directive in turn, taking into account all recent legislative amendments and pending initiatives in the context of the EU Digital Agenda, as well as the case law of the Court of Justice of the European Union With a clear structure allowing readers to navigate quickly to a specific point, the book not only sets out the law, but boldly discusses challenges for the future that will underpin copyright in the years to come It also presents ongoing discussions in WIPO and assesses the role of copyright in society and economy both from an EU and an international perspective EU Copyright Law is a seminal commentary work from a team of leading experts in the field combining aspects of theory and practice and placing copyright in perspective It will be an indispensable reference tool for academics, researchers, practitioners and policymakers in copyright law and comparative law 2014 1,288 pp Hardback 978 78195 242 £225.00 Elgaronline 978 78195 243 Elgar Commentaries series 2014 936 pp Hardback 978 84542 443 £225.00 Elgaronline 978 78100 604 Elgar Commentaries series Queen Mary Journal of Intellectual Property Editor in Chief: Johanna Gibson Consultant Editor: Lord Hoffmann As an extension of the Queen Mary Intellectual Property Research Institute’s reputation as one of the foremost centres for intellectual property research and education, QMJIP has become an important forum for quality scholarship in this field, publishing full-length articles as well as analysis pieces and case reports, on a quarterly basis This is the only dedicated intellectual property journal to be included in the Thomson Reuters’ Social Sciences Citation Index (SSCI), and the Journal Citation Reports (JCR) and therefore the only one to receive an impact factor Four issues a year ISSN Print 2045-9807 • ISSN Online 2045-9815 2015 prices: Individuals: £117.00 (online & print); £70.00 (online) • Institutions: £293.00 (online & print); £258.00 (online) Single print issue: £65.00 For more information or to access free online content, go to: www.elgaronline.com/qmjip To order, please contact: Marston Book Services Ltd 160 Eastern Avenue, Milton Park Abingdon, Oxon, OX14 4SB, UK Tel: + 44 1235 465500 Fax: + 44 1235 465555 Email: direct.order@marston.co.uk For more information: Edward Elgar Publishing Ltd 15 Lansdown Road, Cheltenham, Glos, GL50 2JA, UK Tel: +44 1242 226934 Email: info@e-elgar.co.uk Order online: Get up to 20% discount by ordering online, visit: www.e-elgar.com For your FREE catalogues email: info@e-elgar.co.uk Keep up to date: To receive new title information, email subscribe@e-elgar.co.uk, including your areas of interest and whether you would prefer to receive email bulletins or printed catalogues by mail (in which case please provide your postal address) Unsubscribe at any time by emailing unsubscribe@e-elgar.co.uk Prices and publication dates may be subject to change For our latest news, follow us! @Elgar_Law EE58 ... To get email updates: subscribe@e-elgar.co.uk Professional Intellectual Property Titles The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights EU Copyright Law A Commentary... 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Professional Intellectual Property Titles Trade Secrecy and International Transactions The Protection of Geographical... £145.00 Elgaronline 978 78254 672 Elgar Intellectual Property Law and Practice series The Law and Regulation of Franchising in the EU Elgar Intellectual Property Law and Practice series Mark Abell,