United States Intellectual Property Law

Author: Li Mingde
Publisher:
Publish Date: 2003-10-01
Features: "A stone from the hillside can be used to polish jade." Compared to Chinese law, Anglo-American and French law can be regarded as "jade from the hillside." Indeed, whether from cultural traditions, historical origins, legal sources, legal procedures, judicial systems, or other aspects, the differences between Anglo-American law and Chinese law are quite significant. Before modern times, the two followed different paths, each guarding its own territory and having little interaction. Before modern times, China adopted the civil law system, the socialist law system, and a legal system with Chinese characteristics, but there was little borrowing from Anglo-American law. Looking ahead, this situation may change. For Chinese legal theory in its transitional period, understanding and learning from Anglo-American law, adopting its excellent systems, and grasping its legal principles will undoubtedly benefit the construction of our rule-of-law state. In fact, even between Anglo-American law and civil law, the two once vastly different traditions are now quietly converging. Mutual understanding, borrowing, absorption, and integration among major legal systems not only align with the old saying "The East Sea and the West Sea are one heart and one mind" but also meet the practical needs of people from different legal systems engaging in business, government, and legal affairs. Understanding Anglo-American law, especially systematically, either through law school education or self-study, requires systematic Anglo-American law textbooks. We have launched this "Anglo-American Law Teaching Series," primarily drawing on the outstanding achievements and mature experiences of Anglo-American legal scholars and judges in teaching, research, and judicial practice. The content includes specific systems of Anglo-American law, legal theories, judicial techniques, and classic cases. The goal is to provide a systematic and comprehensive teaching resource that covers theories from doctrines to cases. Specifically, it includes textbooks, case commentaries, and collections of classic cases in various forms. It fully showcases the characteristics of Anglo-American law while also trying to make up for the lack of practical experience in learning foreign law due to the inability to experience it firsthand. It emphasizes both theoretical depth and practical application. Some are faithful translations, some are meticulously written, some are photocopied from the original editions, and some are carefully selected and compiled. They include popular Anglo-American textbooks and classic works and new contributions by Chinese scholars proficient in Anglo-American law. This is a textbook on U.S. intellectual property law written based on a deep understanding of U.S. case law. It provides a relatively comprehensive introduction to U.S. intellectual property law. The content covers: patent law, trade secret law, copyright law, trademark law, anti-unfair competition law, and image rights law, as well as protection for design patents, copyrights, trademarks, and anti-unfair competition in appearance design. It also discusses the relationship between federal and state laws in U.S. intellectual property protection and the impact of this relationship on intellectual property protection in relevant chapters. The book's major feature is "teaching through cases," which means applying typical cases to explain the basic meaning and application of statutes, making education enjoyable. Readers can use U.S. intellectual property law as a backdrop to examine the current state of Chinese intellectual property, with the aim of promoting the development of China's intellectual property system. It can serve as a reference for universities conducting intellectual property teaching and learning, as well as for law enforcement agencies for judicial reference.