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Books > Law > Laws of other jurisdictions & general law > General
Without question, the Manual for the Handling of Applications for
Patents, Designs and Trademarks Throughout the World is the most
comprehensive, authoritative reference for the international
industrial property practice. Its exhaustive contents include:
- Separate chapters, in alphabetical order, for nearly 200
countries and several regional industrial property protection
systems
- The full text of the most important convention, treatises, and
agreements (including the Paris Convention, the Patent Cooperation
Treaty, and the Madrid Agreement)
- A section on the European patent System, describing the European
Patent Convention and its implementing regulations.
Information is given, inter alia, with respect to the following:
Patents:
- Kinds of Patents available
- Duration of protection
- Who may apply
- What may be patented
- Novelty requirements
- Filing, examination and granting procedure
- Requirements for filing application
- Priority
- Annuities and other fees
- Working requirements
- Compulsory licenses
- Rights of prior use
- Restoration
- Infringement
- Assignment
- Licenses
- Marking
Trademarks:
- Duration of protection
- Legal effect
- Who may apply
- What can be registered as a mark
- What is excluded from registration
- Filing, examination and registration procedure
- Requirements for registration
- Requirements for renewal
- Assignment
- Licenses
- Infringement
- Fees
- Service marks
- Collective marks
- Certification marks
- Marking
- Use requirements
- Protection of well-known marks
- Cancellation
- Invalidation
-Classification
Designs:
- What can be protected
- Duration and renewal
- Who may apply
- Novelty requirements
- Procedure
- Requirements for filing application
- Annuities (if any)
Challenging the long-cherished notion of legal objectivity in the
United States, this book argues that Chicano history has been
consistently shaped by racially biased, combative legal
interactions. The book is an insightful and provocative exploration
of the ways Chicano and Chicana artists, writers, musicians and
filmmakers engage this history in order to resist the
disenfranchising effects of legal institutions, including the
prison and the court.;Gutierrez-Jones examines the process by which
Chicanos have become associated with criminality in both legal
institutions and mainstream popular culture in America and thereby
offers a new way of understanding minority social experience.
Drawing on gender studies and psychoanalysis, as well as critical
legal and critical race studies, Gutierrez-Jones's approach to the
law and legal discourse reveals the high stakes involved when
concepts of social justice are fought out in the home, in the
workplace and in the streets.
The Joint Committee on Human Rights (JCHR) calls for statutory
clarification of law on disclosure of national security-sensitive
material, but finds no case for more extensive change. The
Government has failed to make the case for extending "closed
material procedures" to all civil proceedings and to inquests: the
Government has not demonstrated that the fairness concern on which
it relies to justify the proposal is in fact a real and practical
problem. The Committee believes that closed material procedures are
inherently unfair and the proposals in the Green Paper are a
radical departure from longstanding traditions of open justice and
fairness. Nor does it accept that replacing the current law
governing disclosure of sensitive material (the law of Public
Interest Immunity, or "PII") with closed material procedures is
justified. The rule of law requires that decisions about the
disclosure of material in legal proceedings be taken by judges not
ministers and the current legal framework of PII has not been shown
to be inadequate. There is a case, however, for that legal
framework to be made clearer in the way in which it applies to
national security-sensitive material and the Committee suggests how
that could be done by legislation and changes to the Coroners Rules
and guidance. The Committee regrets that the Green Paper overlooks
the very considerable impact of its proposals on the freedom and
ability of the media to report on matters of public interest and
concern.
In the growing international discussion on diversity and
multiculturalism, religion plays an increasing and overwhelming
role. A lot has been written on religion, but an overall standard
work in the form of an Encyclopaedia is lacking, namely systematic
information how each State deals with religion, the role it plays
or can play in society, the status of the church involved, of the
clergy, school, culture and media...So, an Encyclopaedia on
religious law, would really fill a gap as it would have a world
wide coverage. At the same time, next to national monographs, there
will be regional and international monographs concerning the place
and role of religion in international treaties, as a universal
human right and so on. The Encyclopaedia would also contain
monograph describing and giving an in depth picture of the most
important religions like Christianism, Protestantism, island,
Buddhism.
Historically, men have dominated Iowa's political climate. Men
drafted Iowa's constitutions, created and instituted Iowa's laws,
and for years had sole access to Iowa's ballot boxes. But in 1928,
a radical change occurred in Iowa politics: voters in Jackson
County elected Carolyn Pendray, the first woman ever to serve in
the Iowa House of Representatives. In the years following Pendray's
election, other Iowa women have chosen to challenge the status quo
and pursue a political career. Despite the numerous obstacles they
encountered in a male-dominated system, these women politicians
have shaped and defined state law through their hard work and
dedication. Legislators and Politicians collects the stories of
these dynamic, resourceful women. Told through a combination of
interviews, newspaper articles, and personal writings, these
accounts convey the varied experiences of Iowa's women politicians:
their courage, humor, frustrations, and determination.
This joint report by the Law Commission and Scottish Law Commission
considers the redress available to consumers who have been the
victims of misleading or aggressive practices by traders. Currently
consumers have to rely on private law rights if they want to take
action. The Commissions' review found current private law in this
area to be fragmented, complex and unclear, and recommends new
legislation to provide redress to consumers who experience
misleading and aggressive practices in their dealings with traders.
The aim is to clarify and simplify the current law on misleading
practices, and to improve the law on aggressive practices by
filling the gaps in the current law. Limited reform, targeting the
most serious causes of consumer detriment, is proposed. The report
follows the Consumer Protection from Unfair Trading Regulations
2008 in most, but not all, respects. Recommendations are made on
liability and remedies. Consumers would have the right to unwind
the transaction (get a refund), or receive a discount on the price.
Additional damages may be recoverable to compensate for additional
loss. The report also considers the specific area of unfair payment
collection.
This joint discussion paper covers the following issues: the
business insured's duty of disclosure, and the law of warranties.
Under current law, a business policyholder has a duty to disclose
every material circumstance it knows about the risk it wants to
insure. Failure to do so entitles the insurer to avoid the
contract, which means the insurer may treat it as if it did not
exist and refuse all claims. The duty is unclear and sometimes
poorly understood, while the consequence of breach is too harsh.
The proposals aim to clarify how policyholders are expected to
comply with the duty when presenting a risk to insurers and to
encourage insurers to assist them in that task. Fairer remedies for
breach where the policyholder has not been dishonest., are
proposed. An insurance warranty is an important term which, unless
exactly complied with by the policyholder, results in the automatic
discharge of the insurer's liability for loss. It makes no
difference if the breach is trivial, not material to the risk or if
the policyholder remedies the breach prior to loss being incurred.
The Commissions propose that breach of a warranty should suspend
the insurer's liability for the duration of the breach; remedy of
the breach restores liability. Where a term is designed to reduce a
particular type of risk, liability should only be suspended in
relation to that risk. This would be mandatory for consumer
insurance but subject to freedom to contract for business
insurance.
This book is Australias definitive legal text on all levels of
government contracting. It explains the law in a manner that is
accessible to government contract managers and their private sector
counterparts doing business with government. The book has been
referred to as an authoritative text in State, Federal, and High
Court judgments. In the first chapter, the book covers the policy
debate about the use of contract by government and provides a very
practical guide to the contracting out decision. The remaining
chapters analyse the extra law that applies when a government body
is a party to a contract. A chapter is devoted to how the Trade
Practices Act and associated legislation binds--and does not
bind--government bodies. As with previous editions, the latest
Canadian case law is also included because it provides guidance on
almost any conceivable tender mishap. This book is indispensable
for lawyers, government contract managers and their private sector
counterparts.
This report scrutinises the extent to which the Government's
amendments to the Bill reflect the Committee's recommendations made
in their first report (HLP 59/HCP 372 session 2012/13 (ISBN
9780108476242)). To the extent that the Committee is not satisfied
that they do, they recommend further amendments to the Bill for
consideration at Report stage. They revisit two recommendation made
which have not yet been reflected in the Bill: a requirement of
judicial balancing within the closed material procedure (CMP) and a
'gisting' obligation. They recommend that the Bill be amended to
ensure that a full judicial balancing of interests always takes
place within the CMP, weighing the public interest in the fair and
open administration of justice against the likely degree of harm to
the interests of national security when deciding which material
should be heard in closed session and which in open session. The
Committee also agrees with the Special Advocates that if there is
to be a power to hold a CMP in civil proceedings, there should be
an express statutory requirement in all cases to provide the
excluded party with a gist of the closed material that is
sufficient to enable him to give effective instructions to his
Special Advocate. They therefore recommend that the Bill be amended
to impose such gisting obligations
An indispensable tool for anyone studying the institutional life of
contemporary China, this is an entirely new dictionary of more than
25,000 Chinese terms, at least 15,000 examples of usage, and more
than 30,000 cross-references. The coverage extends from 1939 to
1977, a period of enormous terminological complexity. Often new
terms become fashionable, fall into disuse, and then reappear,
perhaps in modified form. Again and again old forms take on new
meanings, usually in order to expedite the acceptance of new
concepts. Since the dictionary covers almost every aspect of every
activity dealt with by government in China since 1939, it includes
a great many terms of political, historical, and sociological
interest, as well as terms related strictly to law and
administration. The documents and writings used as sources for this
dictionary are almost entirely from Communist China. Most are legal
materials, though other materials have also been used, notably
special glossaries and newspapers. The Wade-Giles system of
transliteration is used, but the volume contains a Chinese
Transliteration Conversion Table for easy conversion to Pinyin and
other systems, as well as a Radical Index.
Intellectual Property: Text and Essential Cases takes the reader to
the forefront of this dynamic area of law. As in the first edition
it provides a comprehensive, in-depth and engaging exposition of
the principles of Intellectual Property Law and selected case
extracts that illustrate the law's evolution and challenges. It
covers Copyright, Moral Rights, Performers' Protection, Patents,
Trade Marks, Passing Off and related actions, Designs, Plant
Breeder's Rights, Circuit Layouts and Confidential Information. The
second edition of Intellectual Property: Text and Essential Cases
includes detailed consideration of the changes introduced by the US
Free Trade Agreement Implementation Act 2004 including copyright
and moral rights for live performers in sound recordings; copyright
and moral rights for performers of expressions of folklore; a new
definition of reproduction and material form; an extension of the
duration of copyright protection; new laws relating to electronic
rights management, encoded broadcasts and carriage service
providers; and the protection of patents for therapeutic goods.
There is also a new chapter on Biotechnology Patents and coverage
of other major developments and issues such as the application of
Designs Act 2003; the abolition of the food exemption and the
attack on farmer's rights under Plant Breeder's Rights Act 1994;
whether trade mark law can adequately protect cultural icons; and
the proposed introduction of moral rights for Indigenous
communities.
Having opened its economy to the world, Mexico has embarked on an
irreversible course of economic development. It presents
ever-growing investment opportunities to the global community.
Mexico's expanding network of 27 free trade agreements demonstrate
that it is a key centre of trade in the Americas. Its commitment to
market principles is unwavering. Today, Mexico has become a global
leader in attracting foreign direct investment. It is increasingly
the target of savvy international investors. Its perseverance in
the global market is rewarding those ready and able to invest in
it. Taking advantage of huge investment opportunities in Mexico
requires planning. Investors need to be aware of the legal and
regulatory framework surrounding business in Mexico. Understanding
the dynamic relationship between culture, business and law is
indispensable to properly evaluating business opportunities there
and avoiding pitfalls. Developing such understanding is a key goal
of "Doing Business in Mexico". "Doing Business in Mexico" provides
the lawyer or business professional with timely, practical and
useful information on business law and practice. Each section
includes a contribution by an expert in a dynamic area of business
law. Each begins with a general overview, followed by specific
commentary on the applicable legal and regulatory framework. This
book emphasizes topical legal and practical problems, including
ways of remedying them. Each section concludes with useful
strategies, precedents, checklists and suggested further reading.
An appendix contains valuable commercial laws and treaties,
including among others, the NAFTA and the Mexico-EU Free Trade
Agreement. "Doing Business in Mexico" provides timely and effective
checklists, precedents and strategies. Among other topics, it
explores: investing in Mexico - importing to and exporting from
Mexico; cultural realities in Mexico - evolving economic, political
thinking in Mexico; law in Mexico, the US, the Americas and Europe
- comparative legal development; establishing an entity in Mexico -
labour relations; licensing intellectual property -tax
considerations; environmental compliance - resolving disputes; and
a great deal more. Significant changes in Mexican law impacting on
business transactions are constantly updated and translated.
Drawing special attention to: Real Estate Investment Trusts
(Assessment and Recovery of Tax) Regulations 2006.
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