The significance of 32 b UrhG German Copyright Law] is especially apparent in relation to the USA. This is because the majority of international copyright licenses regulated by 32 b UrhG take place between contractual parties in Germany and the USA. The present work investigates the factual and legal conditions under which 32 b UrhG is effective in Germany and in the USA."

In der Medizin verspricht die Nanotechnologie enorme Fortschritte, jedoch nicht ohne Nachteile. Die Unberechenbarkeit der mit der Nanotechnologie hergestellten Nanopartikel nimmt die Autorin zum Anlass, die Folgen fur die klinische Prufung am Menschen, insbesondere fur die Risiko-Nutzen-Abwagung, zu untersuchen und stellt die Frage, ob das Restrisiko noch als sozialadaquat angesehen werden kann. Sie analysiert die Vereinbarkeit mit ethischen Grundsatzen und den Konflikt der Grundrechte der Studienteilnehmer mit denen der Patienten, der AErzte und der Pharmaunternehmen. Sie zeigt zudem, dass mangels einer einheitlichen Definition der Nanotechnologie und ihrer Produkte bei Verbrauchern und Anwendern eine Rechtsunsicherheit besteht, die es durch den europaischen bzw. nationalen Gesetzgeber auszuraumen gilt.

Diese Festschrift ist dem bedeutenden Anwalt gewidmet. Der Jubilar hat sich besonders auf den Gebieten des gewerblichen Rechtsschutzes und Urheberrechtes einen Namen gemacht.

This book examines the legal nature and requirements of compliance in letter of credit transactions in Anglo-American jurisdictions, as well as the associated contract choice of law issues. It gives an authoritative exposition of the mechanics of the law on the problem of compliance in the field, and is the first to afford a comprehensive, highly analytical critique of the topic from the point of view of modern international banking practice. In a user-friendly style, it provides an in-depth elucidation of the context of the key roles of individual parties during the course of the transactions, aiding a thorough understanding of the legal problems covered. Structured in four parts, it covers the opening of a complying letter of credit; the regularity of performance under a properly opened letter of credit; ways in which an unreimbursed bank may recover money it mistakenly paid against a faulty presentation; and the conflict of laws problems involved in the context of a beneficiary claiming entitlement to the sum on the credit against an allegedly complying tender of documents. In the conflict of laws section substantial attention is given to the many difficult hurdles that the potential claimant often confronts, and explores the various methods and techniques available. An important aspect of the analysis in this part is ascertainment of the legal system which the courts at common law and under Rome I Regulation would apply to resolve a claim.

Studies have found that the purchasing power of American women is potentially the greatest in the world. So why not support the rights of women while you shop? Fun to read, easy to use, and packed with the latest information available, The Feminist Dollar gives you the basic facts about gender fairness and equity as it is - or is not - practiced by corporations and governments, so that you can make informed decisions about the policies you want to support when buying merchandise and traveling abroad. Among the almost 400 companies covered here that make and market the products you buy and use every day, you will discover which promote women, have generous childcare or family leave policies, or contribute to organizations that benefit women, so that you can apply economic pressure where it can make a difference. Also, you will find the FEM - feminist evaluation measure - ratings of some of the states and countries to which you might travel.

Based on the earlier "Consumer Law: Text, Cases and Materials" by David Oughton, this work seeks to explain the general principles which underlie consumer protection law and the many ways in which those principles are applied. It provides students of consumer law with an up-to-date and readable text on the subject. Topics of central importance are those of consumer redress, product quality, product safety (including food safety), consumer services law (with particular reference to repair services), holidays, consumer insurance and consumer finance.;There is also a discussion of the various methods by which advertising, sales promotion practices and misleading claims are regulated. Where appropriate, domestic law is related to the general principles and policies of European Community law which have increasingly come to recognise the consumer interest. In this respect, account has been taken of the effect of the Treaty of Amsterdam which, amongst other things, has renumbered many of the familiar provisions of the Treaty of Rome. The book also considers the relevant merits and disadvantages of business self-regulation under both trade association codes of practice and the growing number of statutory codes of practice introduced to reduce the burdens on business created by legislative intervention.;This edition takes account of a number of judicial decisions in the appellate courts and below, and also takes account of the provisions of the Contracts (Rights of Third Parties) Act 1999, the Access to Justice Act 1999, the Civil Procedure Rules 1998, the Food Standards Act 1999, the Human Rights Act 1998, the Unfair Terms in Consumer Contracts Regulations 1999 and the EC Directive on Consumer Sales and Associated Guarantees 1999.

This key text on consumer law contains materials drawn from a broad range of sources and includes extracts from: cases and statutes; Government and Law Commission reports; and publications produced by the Office of Fair Trading and the National Consumer Council. It also incorporates materials illustrating the approach of other jurisdictions, most notably within the Commonwealth, north America and continental Europe. The ever-increasing influence of the European Community is apparent throughout this work and the extracts (many of which are not readily accessible elsewhere) are introduced, linked and contextualised by extensive commentary, notes, problems and questions for discussion. The book takes full account of the major statutory changes since the last edition, for example, the Consumer Protection Act 1987, the Sale and Supply of Goods Act 1994, the Package Travel, Package Holidays and Package Tours Regulations 1992, the Unfair Terms in Consumer Contracts Regualtions 1994 and the General Product Safety Regulations 1994. In addition, there is discussion of developments affecting the enforcement of penalties, including conditional fee agreements and group actions, together with coverage of the substantial amount of recent case law. Miller, Harvey and Parry offer wide-ranging and authoritative coverage of an increasingly complex area of law. It will be an invaluable source of learning for all students of consumer law, particularly undergraduates and those on Legal Practice courses. It will also interest specialist and non-specialist practitioners, and non-lawyers who deal with consumer law such as trading standards officers and those proffering advice from citizens advice bureaux.

The Principles of the Law of Sale & Lease sets out the general principles and rules of South African law and practice in the specific contracts of sale and lease.

The first edition was written – and the second edition revised, updated and expanded – by experts in their fields to assist legal practitioners and law students alike to understand and apply the law relating to these two centrally important contracts.

2020 marked the 40th anniversary of the CISG which now has over 90 Contracting States, with Hong Kong formally adopted the Convention in 2022, and further States are currently considering their accession to the Convention. Even more importantly, significantly more international case law applying the CISG has become available since the last edition in 2016. This timely new edition considers these new cases and other important developments and literature, continuing to provide the meticulous detail and authority of analysis of previous editions. Some of the article-by-article chapters have been completely rewritten. The fifth edition furthermore includes two new thematic chapters enabling coverage of topical subjects in a holistic way with reference to the various CISG articles they concern. In recent practice, contracts have started to emerge that concern the sale of data, raising numerous issues concerning the applicability of the CISG. The new CISG and Data Trading chapter addresses these questions, making this Commentary the first to cover "digital" trade under the CISG. The new chapter INCOTERMS and the CISG provides easily accessible overviews of all INCOTERMs 2020 and the interactions between contractual CIF, FOB and other INCOTERM clauses and the CISG's provisions in case the Convention applies (as often in practice) as underlying sales law rules. Since the publication of the first edition in 1998, the Commentary has become an invaluable source for the comprehension and discussion of the Convention, frequently cited by legal writers, tribunals, and courts all over the world. Written by an international team of contributors, this book provides expert analysis, and combines judicial and scholarly views from numerous jurisdictions. This is the most comprehensive and authoritative commentary on the CISG, and an invaluable resource for scholars and practitioners alike.

"A fascinating book about how platform internet companies (Amazon, Facebook, and so on) are changing the norms of economic competition." -Fast Company Shoppers with a bargain-hunting impulse and internet access can find a universe of products at their fingertips. But is there a dark side to internet commerce? This thought-provoking expose invites us to explore how sophisticated algorithms and data-crunching are changing the nature of market competition, and not always for the better. Introducing into the policy lexicon terms such as algorithmic collusion, behavioral discrimination, and super-platforms, Ariel Ezrachi and Maurice E. Stucke explore the resulting impact on competition, our democratic ideals, our wallets, and our well-being. "We owe the authors our deep gratitude for anticipating and explaining the consequences of living in a world in which black boxes collude and leave no trails behind. They make it clear that in a world of big data and algorithmic pricing, consumers are outgunned and antitrust laws are outdated, especially in the United States." -Science "A convincing argument that there can be a darker side to the growth of digital commerce. The replacement of the invisible hand of competition by the digitized hand of internet commerce can give rise to anticompetitive behavior that the competition authorities are ill equipped to deal with." -Burton G. Malkiel, Wall Street Journal "A convincing case for the need to rethink competition law to cope with algorithmic capitalism's potential for malfeasance." -John Naughton, The Observer

Despite the growing importance of 'consumer welfare' in EU competition law debates, there remains a significant disconnect between rhetoric and reality, as consumers and their interests still play only an ancillary role in this area of law. Consumer Involvement in Private EU Competition Law Enforcement is the first monograph to exclusively address this highly topical and much debated subject, providing a timely and wide-ranging examination of the need for more active consumer participation in competition law. Written by an expert in the field, it sets out a comprehensive framework of policy implications and arguments for greater involvement, positioning the debate in the context of a broader EU law perspective. It outlines pragmatic approaches to remedial and procedural measures that would enable consumer empowerment. Finally, the book identifies key institutional and political obstacles to the adoption of effective measures, and suggests alternative routes to enhance the role of consumers in private competition law enforcement. The book's innovative approach, combining normative analysis and practical solutions, make it invaluable for academics, policy-makers, and practitioners in the field.

This book provides a systematic analysis of the law of sale of goods with reference to UK and Commonwealth authorities and relevant UK and EU legislation. With particular clarity of expression the work covers fully content, interpretation, and performance issues relating to sale of goods agreements. Aspects of consumer law are dealt with where relevant as are issues such as recoverability of damages, currency and interest. Since the last edition there has been a substantial flow of new case law which include the following selected group: Yearworth (on body fluids); Gammasonics (software); VFS Financial Services and Welcome Financial Services (on Part III of the Hire Purchase Act); Great Elephant (on a seller's s 12 liability); Force India Formula One (s.12 and recovery of money on a failure of consideration); The Mercini Lady (on risk and durability); damages decisions in the wake of The Achilleas; Kulkarni and Wincanton (on the passing of property); Samarenko (on making time of the essence); Brewer (description); McDonald (on examination and satisfactory quality); Lowe (Part 5A of the Sale of Goods Act); case law under the Consumer Protection from Unfair Trading Regulations 2008. All of these, and others, are given full treatment in this new edition. There is also a full treatment of the 2008 regulations on cancellation of contracts. The second edition also includes extended analysis of proprietary rights in bulk goods, and of fitness and quality of goods in relation to compliance with public standards. The material on consumer protection measures has been expanded in relation to liabilities of the seller and third parties. Additional material also deals with changes to the Consumer Credit Act 1974, the definition of exclusion clauses, Part III of the Hire Purchase Act 1964, time of the essence, concurrent contractual duties and suspension, waiver and election, description and general contract law, and misrepresentation and insolvency. This book provides detailed and clear treatment of problem areas and offers new lines of argument and ideas to those interpreting the law and presenting a case. This is a leading work of scholarship and an invaluable reference for all lawyers and scholars working in the field.

The Politics of Precaution examines the politics of consumer and environmental risk regulation in the United States and Europe over the last five decades, explaining why America and Europe have often regulated a wide range of similar risks differently. It finds that between 1960 and 1990, American health, safety, and environmental regulations were more stringent, risk averse, comprehensive, and innovative than those adopted in Europe. But since around 1990, the book shows, global regulatory leadership has shifted to Europe. What explains this striking reversal? David Vogel takes an in-depth, comparative look at European and American policies toward a range of consumer and environmental risks, including vehicle air pollution, ozone depletion, climate change, beef and milk hormones, genetically modified agriculture, antibiotics in animal feed, pesticides, cosmetic safety, and hazardous substances in electronic products. He traces how concerns over such risks--and pressure on political leaders to do something about them--have risen among the European public but declined among Americans. Vogel explores how policymakers in Europe have grown supportive of more stringent regulations while those in the United States have become sharply polarized along partisan lines. And as European policymakers have grown more willing to regulate risks on precautionary grounds, increasingly skeptical American policymakers have called for higher levels of scientific certainty before imposing additional regulatory controls on business.

This book explores how EU law constrains the freedom of the EU, the Member States, and private bodies to adopt measures that seek to protect social and environmental interests abroad by placing conditions on production processes in other states. The permissibility of such process-based measures has been examined primarily within the World Trade Organization (WTO) context, but the challenges that they present are equally for the EU internal market system. Ankersmit identifies three core challenges posed by process-based measures from an EU law perspective: extraterritoriality, unilateralism and the competitive and democratic problems created by private rule-making. It examines these issues in the context of free movement, competition, public procurement, and EU tax law. This book will appeal to academics, policy makers and practitioners interested in trade and environment, the social impact of trade law, and European and international market regulation.

Die Autorin nimmt die Reform des Gesetzes gegen den unlauteren Wettbewerb (UWG) im Jahr 2015 zum Anlass, die damit einhergehenden AEnderungen im Hinblick auf das Spurbarkeitsmerkmal zu untersuchen. Anhand verschiedener Fragestellungen und einer Analyse der Rechtsprechung zum Spurbarkeitsmerkmal wird unter anderem uberpruft, ob die sprachlichen und gesetzessystematischen Anpassungen des UWG 2015 an die Richtlinie uber unlautere Geschaftspraktiken tatsachlich keine AEnderung der materiellen Rechtslage mit sich bringen wird oder ob und in welchem Umfang fur die Rechtsprechung Anpassungsbedarf besteht. Daruber hinaus uberpruft die Autorin, ob eine Auswirkungsanalyse im Sinne des oekonomischen Ansatzes des more economic approach oder oekonomische Ansatze, wie etwa die Neue Institutionenoekonomik oder die Informationsoekonomie, Unterstutzung in der Rechtsanwendung des UWG liefern koennten.

Blackstone's Guide to Consumer Sales and Associated Guarantees provides a practical and contextual guide to the important new Guarantees Directive and its implementation. The book deals with the relationship and interaction of these new rights with the existing sale of goods legislation.

Markets run on information. Buyers make decisions by relying on their knowledge of the products available, and sellers decide what to produce based on their understanding of what buyers want. But the distribution of market information has changed, as consumers increasingly turn to sources that act as intermediaries for information-companies like Yelp and Google. Antitrust Law in the New Economy considers a wide range of problems that arise around one aspect of information in the marketplace: its quality. Sellers now have the ability and motivation to distort the truth about their products when they make data available to intermediaries. And intermediaries, in turn, have their own incentives to skew the facts they provide to buyers, both to benefit advertisers and to gain advantages over their competition. Consumer protection law is poorly suited for these problems in the information economy. Antitrust law, designed to regulate powerful firms and prevent collusion among producers, is a better choice. But the current application of antitrust law pays little attention to information quality. Mark Patterson discusses a range of ways in which data can be manipulated for competitive advantage and exploitation of consumers (as happened in the LIBOR scandal), and he considers novel issues like "confusopoly" and sellers' use of consumers' personal information in direct selling. Antitrust law can and should be adapted for the information economy, Patterson argues, and he shows how courts can apply antitrust to address today's problems.

Das anlAsslich des 50-jAhrigen Bestehens der VG WORT herausgegebene Werk beschreibt die Vorgeschichte und Geschichte der bekannten Autoren- und Verlegervereinigung auf der Grundlage einer breiten archivalischen Aoeberlieferung. Sowohl die GesellschaftsgrA1/4ndung als auch die frA1/4he Aufbauphase waren durch zahlreiche Spannungen und Konflikte der beteiligten Interessengruppen geprAgt, die schlieAlich A1/4berwunden werden konnten. 1978 entstand nach der Fusion der VG WORT mit der VG Wissenschaft eine leistungsstarke Verwertungsgesellschaft, die seither die Interessen ihrer Mitglieder und Wahrnehmungsberechtigten wirkungsvoll vertritt. Untrennbar verbunden mit der Geschichte der VG WORT sind die verschiedenen Urheberrechtsreformen, die in ihren Auswirkungen ebenfalls einer genauen Betrachtung unterzogen werden. Die rasante Entwicklung technischer Neuerungen und die Probleme bei der Rechtewahrnehmung im digitalen und multimedialen Zeitalter geben Gelegenheit zu Ausblick und Perspektiven. Essays zu besonderen Aspekten der Vereinsgeschichte und -gegenwart runden die Darstellung in anschaulicher Weise ab.