Monday, August 11, 2008

Paul Goldstein's INTELLECTUAL PROPERTY reviewed in the Law Library Journal



Goldstein, Paul. Intellectual Property: The Tough New Realities That Could Make or Break Your Business.
Reviewed by Ryan Saltz

Intellectual Property: The Tough New Realities That Could Make or Break Your Business offers a thorough analysis of intellectual property issues for the nonlegal professional. Author Paul Goldstein, who is also responsible for giving us Goldstein on Copyright,2 has done a good job of presenting exceptionally dry material in an easy-to-read format. Each topic within the intellectual property (IP) realm has been broken down into its own chapter, which makes the book’s legal concepts easy to follow for even novice readers.

Intellectual Property is divided into seven chapters plus an introduction, and separate acknowledgments, sources, and index sections. In the first chapter, Goldstein presents the case of Polaroid Corp. v. Eastman Kodak Co.3 to illustrate the importance patents hold for companies. The case also illustrates what Goldstein frequently refers to as the “intellectual property paradox,” which is that “without property rights [intellectual] assets will be under produced, but with property rights they will be under used” (p. 36).

Chapters 2–5 are devoted individually and respectively to patents, copyrights, trademarks, and trade secrets, and provide a concise, easy-to-understand overview of each topic. Chapter 6, “Intellectual Assets on the Internet,” examines IP law as it applies to Internet technologies. Comparisons are drawn between the freedom of access provided by the Internet and the dilemmas faced by the motion picture studios when the VCR was introduced, illustrating that “once habits of free use become entrenched, they cannot be reversed by legislation” (p.152). The Internet’s rapid evolution has created the need for IP law to evolve at a similarly rapid pace.

This discussion of Internet issues provides a perfect segue into the final chapter, “Intellectual Assets in International Markets.” The Internet opened the floodgates to globalization. The fact that different countries developed different laws governing IP rights necessitated treaty agreements to iron out these issues. This chapter follows the evolution of various treaties, including the Berne Convention4 and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement.

This book would be a perfect addition to any legal or business academic collection. It provides for the enthusiastic novice a great introduction to the IP field, presenting legal case analysis in plain English and providing just enough information to assist business owners with protecting and managing their own intellectual assets. With a price of only $27.95, Intellectual Property: The Tough New Realities That Could Make or Break Your Business is a must read.

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