International Intellectual Property Law, Cases and Materials

Paul Goldstein, Stanford Law School

Marketa Trimble, UNLV

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Table of Contents

Teacher's Manual

The 6th edition includes significant updates to the materials included in the 5th edition, while maintaining a similar volume of materials, the same structure, and most of the principal cases and materials from the previous editions. In some places, 5th edition materials have been shortened (e.g., WTO panel decision excerpts), streamlined (e.g., materials concerning patentability requirements), or updated.

The updates in the 6th edition include the following:

• In Chapter I on Principles and Institutions:
  • Updated notes on the principle of territoriality, reflecting the latest U.S. Supreme Court jurisprudence on extraterritoriality and the application of non-extraterritorial U.S. IP law to conduct outside the United States
  • Updated notes on conflict-of-laws issues in intellectual property disputes, including notes on conflict-of-law issues in disputes over standard-essential patents and FRAND licenses and alternative dispute resolution
  • Updated and new notes in the section “Economics, Technology and Development,” including notes on reverse knowledge flows and private ordering
  • Updated and expanded notes in the section “Traditional Knowledge, Folklore and Genetic Resources,” including notes on TKGRF in national laws
  • New principal material—a book chapter excerpt—on international IP agreements (replacing 5th edition material), introducing the history of international IP law-making and the “changing pattern of international rule-making in intellectual property”
  • Updated notes on developments in public international law, including free trade agreements, TRIPS flexibilities, the role of non-state actors and the impact of the COVID-19 pandemic, and an updated overview of WTO TRIPS disputes
  • Updated introductory text and notes concerning regional organizations
  • An updated section, renamed as “Bilateral and Multilateral Arrangements, and Unilateral Actions,” including new principal material—an article excerpt—on IP chapters in free trade agreements, new notes on TRIPS-plus developments and a new note on China as a case study in bilateral relations (replacing some of the materials included in the 5th edition)
• In the Copyright section:
  • A new principal case on communication to the public and digital exhaustion
  • New principal material—an article excerpt—on internet service provider liability (replacing a principal case from the 5th edition)
  • A significantly shortened excerpt from the WTO panel report concerning section 110(5) of the U.S. Copyright Act
  • New, updated, and expanded notes on copyright on the internet, including the EU Digital Single Market Directive and liability of internet service providers, the right of communication to the public, the first sale doctrine, the three-step test, artificial intelligence and text and data mining, press publishers’ rights, and abuse of copyright
• In the Patents section:
  • A new principal case on the territorial reach of patent law (replacing a principal case from the 5th edition)
  • A new authors’ note on obviousness (replacing a 5th edition article excerpt)
  • A new principal case on employee inventions and patent ownership (replacing a principal case from the 5th edition)
  • A new principal case on exhaustion of patent rights (replacing a principal case from the 5th edition)
  • A new appellate decision in a 5th edition principal case in a standard-essential FRAND licensing dispute
  • A significantly shortened excerpt from the WTO panel report concerning patent protection of pharmaceutical products
  • Updated and expanded notes on the territorial reach of patent law, protectible subject matter, including plant and plant variety protection, patentability requirements, patent prosecution, exhaustion of patent rights, the intersection with antitrust/competition law, and FRAND licensing disputes and remedies
  • New notes on inventorship and patent ownership, including notes on joint inventorship and AI-generated inventions, compulsory licenses and the COVID-19 pandemic, license of right, patent pools and the right to repair
  • Updates reflecting the launch of the European patent with unitary effect and the Unified Patent Court
• In the Trademarks and Geographical Indications section:
  • A new principal case on the territorial reach of trademark law (replacing a principal case from the 5th edition)
  • Updated notes on the territorial reach of trademark law, protectible subject matter, the well-known mark doctrine, bad faith filings, the requirement of domestic use, internet domain names as trademarks, trademark functions, relabeled and repackaged products and remedies
• In the Unfair Competition and Trade Secrets section:
  • New notes on unfair competition in the European Union and the overlap of unfair competition and other IP protection
  • An updated note on the Defend Trade Secrets Act
  • New notes on the development of trade secrets protection in China and Japan
• In the Industrial Design section:
  • A new principal case on protectibility (replacing a principal case from the 5th edition) and updated notes on protectibility
• Throughout the casebook, updates reflecting new national and EU legislation and the United Kingdom’s departure from the European Union

Learn more about this series.