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Contracts for Engineers

Autor Robert D. Hunter
en Limba Engleză Hardback – 23 sep 2011
Engineers encounter different types of contracts at nearly every turn in their careers. Contracts for Engineers: Intellectual Property, Standards, and Ethics is a tool to enhance their ability to communicate contractual issues to lawyers—and then better understand the legal advice they receive.
Building on its exploration of contracts, this book expands discussion to:
  • Patents, copyrights, trademarks, trade secrets, and other intellectual property issues
  • Development of standards and the bodies that govern them, as well as conformity assessment and accreditation
  • Ethics at both the micro and macro levels—a concept under major scrutiny after several major disasters, including the Gulf of Mexico oil spill, the collapse of Boston’s Big Dig, and a coal-mining accident that resulted in many deaths
With a brief introduction to common law contracts and their underlying principles, including basic examples, the book presents a sample of the Uniform Commercial Code (UCC) regarding the sale of goods. It evaluates elements of the different contracts that engineers commonly encounter, such as employee and associated consulting agreements and contracts involved in construction and government.
Approaching intellectual property from a contract perspective, this reference focuses on the many different types of patents and their role in commerce. It touches on the application of trademarks and recent developments in the use of copyright as a form of contract and explains the process of obtaining patents, including the rationale for investing in them. Ethical standards receive special attention, which includes a review of several prominent professional codes of ethics and conduct for both organizations and individual engineers, particularly officers and higher-level managers.
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Specificații

ISBN-13: 9781439852866
ISBN-10: 1439852863
Pagini: 370
Ilustrații: 16 black & white illustrations, 9 black & white tables
Dimensiuni: 156 x 234 x 22 mm
Greutate: 0.69 kg
Ediția:New.
Editura: CRC Press

Public țintă

Engineers practicing in many fields who need surveys of contracts, intellectual property, standards and ethics and engineers around the world.

Cuprins

Common Law Contracts
Definition of Common Law Contract
Statute of Frauds
Parties (Natural Persons)
Parties (Artificial Persons)
Classification of Contracts
Purposes (Subject Matter) of Contract
Consideration
Promissory Estoppel
Valid, Void, Voidable, and Unenforceable Contracts
Contract Formation Process (Offer and Acceptance)
Offer

Acceptance

Time of Contract Creation
More Complex Negotiated Contracts
Incomplete Agreements
Integrated Agreements

Mistakes, Mutual Mistakes, Fraud, and Duress

Compact Summary of Case: Austin Instrument v. Loral Corp. Court of Appeals of New York, 1971 (Based on Published Decision)
Standardized Agreements as Integrated Agreements
Contents of the Resulting Contract
Performance
Unconscionable Clauses and Contracts
Breach of Contract

Contracting on the Web
Electronic Signatures in Global and National Commerce (ESIGN)
Summary
Additional Reading
 
Sales Contracts under the Uniform Commercial Code
Introduction
UCC Distinguishes between Agreement and Contract
Statute of Frauds under the UCC
Parties to UCC Contracts
Firm Offers and Acceptance
Incomplete Agreements
Integrated Agreements
Interpretation of Integrated Agreements, including Duress (Coercion)
Performance
Substantial Performance and Excused Performance
Unconscionable Contract or Clause
Breach of Contract and Remedies for Breach
Contracting on the Web
Compact Summary of Case: ProCD, Inc. v. Zeidenberg, United States Court of Appeals, Seventh Circuit, 1986
United Nations Convention on Contracts for the International Sale of Goods (CISG)
Summary
References
 
Contracts of Special Interest to Engineers
Introduction
Employment Agreements

Private Sector Construction Contracts

Federal Government Contracts

Compact Summary of Case: Bonneville Associates, Limited Partnership, et al., Petitioners v. David J. Barram, Administrator, General Services Administration—On Petition for a Writ of Certiorari to the United States Court of Appeals for the Federal Circuit (No. 98-1688 in the Supreme Court of the United States)
 
Intellectual Property: Emphasis on Patents
Introduction
Patent as Contract
Patent as a Grant
Organization and Functions of the U.S. Patent and Trademark Office (PTO) Utility Patents

Modern Development of Patent Law
Patent Reform
Origin of the Court of Appeals for the Federal Circuit
Patenting of Life Forms
Computer Programs and Business Methods
Infringement
Shop Right
Anatomy of a U.S. Utility Patent
Plant Patents
Design Patents
Compact Summary of Case: Sears, Roebuck & Co. v. Stiffel Co., 376
U.S. 225 (1964)
Patent Clauses in Government Contracts

Business Reasons for Applying for a Patent
References

Additional Reading
 
Patent Processes
Introduction
Starting the Process
Making the Decisions to File and How to File
Prosecution of Application as Contract Negotiation
Provisional Application for Patent
Divisional Applications
Final Rejection
Continuation or Continuation-in-Part Applications
Abandonment, Voluntary and Involuntary
Issue of Patent and Possible Extension of Term
Reexamination of Patents
Promotion and Exploitation of a Patent
Sale of a Patent
Licensing of a Patent
Licensing in Patent Pools
Alternative Dispute Resolution (ADR)
Litigation
References
 
Copyright
Introduction
Copyright as Contract
Compact Summary of Case: Eric Eldred et al., Petitioners v. John D. Ashcroft, Attorney General (No. 01-618). Argued October 9, 2002; decided January 15, 2000
Survey of Copyright Law in Title 17 U.S.C

Additional Notes on Copyright and Computer Programs Collected Algorithms from ACM (Association for Computing Machinery)

Survey of Noncopyright Law in Title 17

Federal Acquisition Regulation (FAR) Subpart 27.4—Rights in Data and Copyrights
 
Trade Secrets
Introduction
Basic Legal Requirements
Contractual Nature of Trade Secrets
Historical Overview
Uniform Trade Secrets Act
A Departing Employee Action
Economic Espionage Act
Public Disclosures of Trade Secrets
Disclosure by Publication, Other Media, or Speeches, etc.
Reverse Engineering
Policy and Management Issues in Trade Secrets
Options for Selecting Trade Secret versus Other Forms of IP
Protection
Use and Abuse of Nondisclosure Agreements (NDAs)
Compact Summary of Case: Smith v. Dravo Corp., No. 10683, United States Court of Appeals Seventh Circuit, April 10, 1953
References
 
Trademarks
Introduction
Definitions of the Marks (15 U.S.C. 1127)

Selection and Use of Mark
Registration and Use of Marks
Confusing Similarity
Examination of Marks in the PTO
Infringement of Mark
Maintenance and Policing of Marks
Secondary Meaning and Trade Dress
Compact Summary of Case: Two Pesos, Inc. v. Taco Cabana, Inc., Supreme Court of the United States, 505 U.S. 763 (1992)
Cybersquatting on Internet Domain Names
Foreign Country Trademarks
Practical Trademark Issues in the European Union
 
Standards, Codes, and Regulations
Introduction
Aims of Standards
Types of Standards

Quality of Standards
International Standards
Regional Standards

National Standards
Company Standards
Typical Format of a Standard

Access to Standards
Codes
Regulations
 
Standards Bodies and Their Products
Introduction
Overview of International Standards Bodies
Apex International Standards Bodies (ISO, IEC, ITU)

Regional Standards Bodies

Council for Harmonization of Electrotechnical Standards of the Nations of the Americas (CANENA)

National Standards Bodies
Traditional Standards Developing Organizations (SDOs)

Consortia Standards Bodies

Summary
References
 
Development of Standards, Codes, and Regulations
Introduction
Development of Standards by Conventional Bodies (SDOs)
Compact Summary of Case: Allied Tube and Conduit Corp. v. Indian Head, Inc.
Due Process in Standard Setting

ISO/IEC Standards Development Rules

Standards Process in the International Telecommunications Union (ITU)
Common Patent Policy for ISO/IEC/ITU
Consortia Methods of Standard Setting

Development of Codes
Development of Federal Regulations in the United States
Development of Regional Regulations in the European Union (EU)
 
Conformity Assessment
Introduction
Conformity Assessment Technology and Skills
Private Sector Conformity Assessment Bodies in the United States
Compact Summary of Case: American Society of Mechanical Engineers v. Hydrolevel, Inc. 456 U.S. 556 (1982)
Federal Conformity Assessment in the United States

Conformity Assessment in International Trade

Regional Approaches to Conformity Assessment
References
 
Accreditation
Introduction
Federal Accreditation Systems in the United States
Nationally Recognized Testing Laboratory (NRTL) Program
National Voluntary Laboratory Accreditation Program (NVLAP)
National Voluntary Conformity Assessment Systems Evaluation (NVCASE)
Private Accreditation Bodies in the United States
ANSI and the ANSI−ASQ National Accreditation Board (ANAB)
American Association for Laboratory Accreditation (A2LA)
International Accreditation Bodies
Regional Accreditation Bodies
References
 
Ethics for Individual Engineers
Introduction
IEEE Code of Ethics
National Society of Professional Engineers: Code of Ethics for Engineers

Texas Engineering Practice Act and Rules (Effective June 13, 2010)
Subchapter C: Professional Conduct and Rules

Compact Summary of Case: Expert Witness Appears in Court of Another Jurisdiction
Standards Engineering Society (SES) Code of Ethics

Underwriters Laboratories (UL) Code of Ethics for UL Standards Technical Panel (STP) Members

Institute of Electrical and Electronics Engineers (IEEE) and Association for Computing Machinery (ACM) Software
Engineering Code of Ethics and Professional Practice

Principles

Applications of the IEEE/ACM Code of Ethics and Professional Practice
References
Other Resources on Ethics
 
Ethics for Organizations
Introduction
The Foreign Corrupt Practices Act of 1977 (as Amended)
Compact Summary of Case: Kirkpatrick Co. v. Environmental Tectonics Corp., 493 U.S. 400 (1990), Certiorari to the United States Court of Appeals for the Third Circuit No. 87-2066

ENRON

BP/Deepwater Horizon Blowout in the Gulf of Mexico

BP’s Role in the Accident

Transocean’s Role
Halliburton’s Role
Role of Cameron International
Role of the Regulator: The Minerals Management Service (MMS)
Summary of the Deepwater Horizon Accident

Excerpts from the National Oil Spill Commission Report
Organizational Ethics for Government Contractors
References
Additional Reading
 
Appendix 1: United Nations Convention on Contracts for the International Sale of Goods
Appendix 2: The Associated General Contractors of America (AGC of America) Summaries of American Council of Engineering Companies (ACEC) and the Engineering Joint Contracts Documents Committee (EJCDC) Standardized Contracts for Engineering Projects
Appendix 3: Title 48, Code of Federal Regulations—Federal Acquisition Regulations System
Appendix 4: Outline of the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Appendix 5: ACM Code of Ethics and Professional Conduct

Notă biografică

Robert D. (Bob) Hunter, PE, lives in Austin, Texas. For more than 30 years, he has been involved in standards, conformity assessment, and accreditation as a company employee and as a consultant to several technical and computer companies. A recipient of the IEEE Centennial Medal, Bob served on standards committees at both national and international levels. He has written and lectured on standards-related subjects and in his major fields of interest, including regulatory compliance, intellectual property, electromagnetic compatibility, product safety, and other technical subjects. Hunter served on the Industrial Advisory Committee (IAC) of Underwriters Laboratories (UL), which developed one of the first national standards (UL 1950) based on an International Standard (IEC 60950). Bob obtained B.S. and M.S. degrees in electrical engineering from Drexel University in 1959 and 1962, respectively, and taught electrical engineering subjects at Drexel Evening College. He served as a quality control engineer and as a patent engineering specialist before becoming involved in regulatory compliance engineering.