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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
The intersection of the intellectual property and competition laws presents uniquely complicated legal issues. The entries, from leading judges, government officials, academics, and economists, explore history, the 'new economy', and frameworks to resolve the tension between the laws. They also address refusals to license, patent pools, innovation markets, standard setting organizations, and pharmaceutical patent settlements.
There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.
This book is the first to provide a detailed and critical account of the emergence, development, and implementation of plant variety protection laws in Asian countries. Each chapter undertakes a critical socio-legal analysis of one or more legal frameworks to understand, evaluate, and explore the concerns of diverse national stakeholders, the histories and dynamics of law-making, and the ways in which plant variety protection and seed certification laws interact with local agricultural systems. The book also assesses how Asian countries can capitalise on the 'unused policy space' in international agreements such as the Agreement on Trade-Related Aspects of Intellectual Property Rights and the International Convention for the Protection of New Varieties of Plants, as well as international obligations beyond these, such as those contained in the Convention on Biological Diversity and the Plant Treaty. It also highlights the many ways in which Asian experiences can offer new insights into the relationship between intellectual property and plants, and how relevant laws might be re-imagined in other regions, including Africa, Europe, and the Americas. By adding an important new perspective to the ongoing debate on intellectual property and plants, this book will appeal to academics, practitioners, and policy-makers engaged in work surrounding intellectual property laws, agricultural biodiversity, and plant breeding.
Irene Calboli and Jacques de Werra have put together a comprehensive look at trademark transactions throughout the world. Essential reading for specialists in international trademark law and for anyone who wants to understand more about laws other than their own.' - Mark A. Lemley, William H. Neukom Professor, Stanford Law School, US'Commercial transactions involving trademarks, especially across borders, have received scant in-depth attention in law literature. With insights from the emerging markets of Brazil, China and India to the EU and USA via Australia and Japan, this book deals with the multifarious aspects. The reader will finish it not only with their knowledge greatly enhanced but convinced that, at least in this field, the world most certainly is not flat.' - David Llewelyn, Singapore Management University and King's College London, UK 'An incisive, must-have book for every practitioner or scholar who is serious about trademark transactions. The key areas of this crucial subject are compellingly unpacked by famous authors from around the globe in a user-friendly format. Outstanding scholarship and presentation.' - Frederick Mostert, University of Oxford, UK and Past President of the International Trademark Association The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: - A comprehensive overview of legal and policy-related issues - A blend of approaches underpinning strategic considerations with analytical rigour - Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions - Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field. Contributors: L. Anderson, N. Binctin, G. Buhler, R. Burrell, I. Calboli, C. Czychowski, L. Dal Molin, R.P. D'Souza, D.J. Gervais, S. Ghosh, J.C. Ginsburg, H. Guo, M. Handler, M. Hoepperger, R. Jacob, S.H.S. Leong, C. Manara, J.-F. Maraia, R. Mittal, X.-T. Nguyen, A. Nordemann, M. Senftleben, S. Teramoto, J.C. Vaz e Dias, J. de Werra, N. Wilkof, D. Yokomizo
The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis. The book is divided into four parts which focus on the interaction between global standards and national norms, pluralism within the framework of international norms, pluralistic functions of copyright and the flexibility applied to patent law. Within these themes, topical issues are addressed such as traditional knowledge, geographical indications, protecting plant varieties and freedom of expression. Contributors are drawn from a range of jurisdictions to provide a global outlook on the topics at hand. Researchers and scholars who are interested in international IP law and its applications will find this to be a valuable resource. Policy makers will also benefit from the contributors' insights on whether law reforms in their home jurisdictions have been effective and how these laws interact with the international IP system.
Economists advise that the law should seek efficiency. More recently, it has been suggested that common law systems are more conducive of economic growth than code-based civil law systems. This book argues that there is no theory to support such statements and provides evidence that rejects a 'one-size-fits-all' approach. Both common law and civil law systems are reviewed to debunk the relationship between the efficiency of the common law hypothesis and the alleged inferiority of codified law systems. Legal Origins and the Efficiency Dilemma has six aims: explaining the efficiency hypothesis of the common law since Posner's 1973 book; summarizing the legal origins theory in the context of economic growth; debunking their relationship; discussing the meaning of 'common law' and the problems with the efficiency hypothesis by comparing laws across English speaking jurisdictions; illustrating the shortcomings of the legal origins theory with a comparative law and economics analysis; and concluding there is no theory and evidence to support the economic superiority of common law systems. Based on previous pieces by the authors, this book expands their work by including new areas of analysis (such as trusts), detailing previous analysis (such as French law versus common law in the areas of contract, property and torts), and updating for recent developments in the academic discourse. This volume is of interest to academics and students who study microeconomics, comparative law and foundations of law, as well as legal policy analysts.
This work constitutes a comprehensive overview of Indonesian intellectual property law since the substantial legislative changes enacted from 1997 onwards. It offers a detailed overview of the Indonesian law and regulation on copyright law, patent law, trademark law, and unfair competition, and analyzes the position of Indonesia with regard to the international conventions for the protection of intellectual property. An introduction on the history and development of the Indonesian legal system provides a context for the understanding of the current legislative framework on intellectual property in the year 2000. The book includes in annex authoritative translations of the main laws covering copyright, patents, and trademarks.
Now in its second edition, Cybercrime: Key Issues and Debates provides a valuable overview of this fast-paced and growing area of law. As technology develops and internet-enabled devices become ever more prevalent, new opportunities exist for that technology to be exploited by criminals. One result of this is that cybercrime is increasingly recognised as a distinct branch of criminal law. The book offers readers a thematic and critical overview of cybercrime, introducing the key principles and clearly showing the connections between topics as well as highlighting areas subject to debate. Written with an emphasis on the law in the UK but considering in detail the Council of Europe's important Convention on Cybercrime, this text also covers the jurisdictional aspects of cybercrime in international law. Themes discussed include crimes against computers, property, offensive content, and offences against the person, and, new to this edition, cybercrime investigation. Clear, concise and critical, this book is designed for students studying cybercrime for the first time, enabling them to get to grips with an area of rapid change.
"International Litigation in Intellectual Property and Information Technology" - Editor: Arnaud Nuyts, Co-Editors: Nikitas Hatzimihail, Katarzyna Szychowska. The pressure to develop an intellectual property litigation framework at a supranational level is enormous. The tensions among technological change, the forces of an ever-more global market, the quest of market actors for tactical advantage and of legal actors for equitable solutions, and the ever-present imperative of the principle of economy in judicial proceedings all cry out for resolution. In the progress toward this framework, the fourteen leading authorities who have put this remarkable symposium together show that European Community law, and particularly its effect on judicial cooperation among Member States in civil and commercial matters, has led and continues to lead the way.This is the first book to emphasize the role of the judicial cooperation aspect of cross-border intellectual property litigation. Starting from European private law as it is currently evolving, the authors focus intensively on the issues surrounding such central questions as the following: how different should the treatment of IP litigation be from other transnational private activity? How different should the treatment of different IP forms be, at least from a private international law perspective? How do the answers to these questions relate to methodological shifts within the discipline of private international law itself?How should the doctrinal solutions we give integrate substantive values such as the EC basic freedoms or new ideas about the meaning of property in the context of intellectual works? What should the relationship be between the rules on jurisdiction and the rules on applicable law? How global or how distinct do we want the European legal regime in this area to be? What should be the coordination and/or allocation of competences between the various international institutions and instruments?The wide-ranging analyzes presented here will contribute substantially to the establishment of a common frame of reference among intellectual property lawyers and private international lawyers, across the EU and on a global scale. For policymakers, practitioners, and academics in international IP law, this book offers food for thought for legislative projects, reviews and renews doctrines in private international law and the transnational legal treatment of intellectual property, and affirms a forward-looking dialogue on these crucial matters.
Exploring the potential for alignment as well as conflicts between IP and climate change, Intellectual Property, Climate Change and Technology encourages a coherent and integrated approach to decision making. This groundbreaking book identifies and challenges the lack of intersection between intellectual property law and climate change law at national level. It argues that intellectual property confers private rights on the results of innovation and creativity, while climate change law and policy exists more in the public sphere without engagement with intellectual property, with no space for the conflict between this private power and public goal to be investigated in litigation. This thought-provoking book will be of great interest to scholars working in the fields of IP, climate change law, human rights, and planning and sustainable development, challenging the assumption that some problems are dealt with only through consideration of certain areas of the law. Proposing new processes for policy and law making in order to remove barriers between these fields, Intellectual Property, Climate Change and Technology will also be a valuable resource for members of parliament and policy makers.
'This book brings to bear Professor Maggiolino's considerable skills as a comparative competition law scholar on what is perhaps the single most important competition policy issue facing us today - namely, how to use IP policy and competition policy in tandem to further both economic competition and competition in innovation. Professor Maggiolino's book covers a large range of IP practices by dominant firms where competition law can be invoked, including 'sham' litigation and product design, improper infringement actions, predation, and refusals to license. This book is well researched, well written, and completely up to date. Every serious competition law/antitrust and intellectual property scholar and practitioner should regard it as 'must' reading.' - From the foreword by Herbert Hovenkamp, University of IowaThis insightful book compares how the US and EU antitrust authorities have enforced Section 2 of the Sherman Act, and Article 102 of the TFEU against monopolists' practices involving intellectual property rights. The discussion comes in the wake of the great interest engendered by the interface between antitrust law and intellectual property rights, considering that the ongoing integration of markets pushes countries towards a harmonization of their legal systems. Mariateresa Maggiolino takes this inquiry forward by confronting the two jurisdictions' legal standards with current economic thinking, and discusses the policy suggestions that result. In addition, topics that are usually treated separately are effectively combined. The legal analysis is frequently connected and compared to the past and present economic thinking and Mariateresa Maggiolino expertly embraces the historical, cultural and policy perspectives. This unique book will therefore prove enriching for academics and postgraduate students of law and industrial organization. Contents: Preface by Herbert Hovenkamp; Introduction; 1. Antitrust Law, IPRs and Economics: the Leeway for Policy Choices; 2. Section 2 and Article 102(b): The Antitrust Roots of the Antitrust-IP Interface; 3. Ownership of IPRs; 4. Predatory System Innovations; 5. Refusals to license IPRs; 6. IP Judicial and Administrative Processes; 7. Conclusion; Bibliography
There are two traditional views of the role of intellectual property (IP) within the field of innovation management: in innovation management research, as an indicator or proxy for innovation inputs or outputs, e.g. patents or licensing income; or in innovation management practice, as a means of protecting knowledge. Exploiting Intellectual Property to Promote Innovation and Create Value argues that whilst both of these perspectives are useful, neither capture the full potential contribution of intellectual property in innovation management research and practice.The management of IP has become a central challenge in current strategies of Open Innovation and Business Model Innovation, but there is relatively little empirical work available. Theoretical arguments and empirical research suggest that from both an innovation policy and management perspective, the challenge is to use IP to encourage risk-taking and innovation, and that a broader repertoire of strategies is necessary to create and capture the economic and social benefits of innovation. This book identifies how intellectual property can be harnessed to create and capture value through exploiting new opportunities for innovation. It is organized around three related themes: public policies for IP; firm strategies for IP; and creating value from IP, and offers insights from the latest research on IP strategies and practices to create and capture the economic and social benefits of innovation.
This fully revised and updated edition of Intellectual Property Rights for Engineers addresses recent developments in the area. The book explains the general principles behind the law protecting innovation, quoting cases from the engineering domain in order to clarify legal issues. Chapters outline the basic rights through automatic protection (copyright, design right) and registration systems (patent, registered design, trade mark), and also discusses the issues surrounding confidential information. The book clarifies precisely who owns the rights and how their use is constrained by EC law, and goes on to explain how to license or even litigate when necessary. Finally, strategic aspects for decision-making and management are discussed.
This three-volume collection comprises a selection of research articles and papers on geographical indications by the leading academics in this field. The collection examines the functions and economic underpinnings of this form of product designation, together with the various forms of legal protection of geographical indications, both national and international. It contains a number of contributions that examine the potential impacts of geographical indications in developing countries, which explore this form of marketing through case studies. With an original introduction by the editor Michael Blakeney, these volumes are an excellent reference for scholars and researchers in this field.
'A valuable and distinctive contribution to the penumbra debate, refreshingly shedding light on some of the cliches of copyright, and alerting readers to the extra-legal factors that cannot be ignored in any socially-embedded study of copyright' - Stuart Hannabuss, Aberdeen Business School 'Bootlegging is a smart, provocative and highly readable analysis of the high theory and low practices of music copyright and its transgressors. It is most refreshing to read a sociological analysis of a topic usually left to lawyers and industry apologists. An essential book for anyone who wants to understand the contemporary music industry' Simon Frith - Professor of Film and Media Studies, University of Stirling. Bootlegs - live concert recordings or studio outtakes reproduced without the permission of the rights holder - hold a prominent position in the pantheon of popular music. They are also much misrepresented and this fascinating book constitutes the first full length academic treatment of the subject. By examining the centrality of Romantic authorship to both copyright and the music industry, the author highlights the mutual dependence of capitalism and Romanticism, which situates the individual as the key creative force while challenging the commodification of art and self. Marshall reveals how the desire for bootlegs is driven by the same ideals of authenticity employed by the legitimate industry in its copyright rhetoric and practice and demonstrates how bootlegs exist as an antagonistic but necessary component of an industry that does much to prevent them. This book will be of great interest to researchers and students in the sociology of culture, social theory, cultural studies and law.
The concept of the cultural commons has become increasingly important for legal studies. Within this field, however, it is a contested concept: at once presented as a sphere for creativity, democratic access and freedom of speech, but one that denies property rights and misappropriates the public domain. In this book, Merima Bruncevic takes up the cultural commons not merely as an abstract notion, but in its connection to physical spaces such as museums and libraries. A legal cultural commons can, she argues, be envisioned as a lawscape that can quite literally be entered and engaged with. Focusing largely on art in the context of the copyright regime, but also addressing a number of cultural heritage issues, the book draws on the work of Deleuze and Guattari in order to examine the realm of the commons as a potential space for overcoming the dichotomy between the owner and the consumer of culture. Challenging this dichotomy, it is the productive and creative potential of law itself that is elicited through the book's approach to the commons as the empirical basis for a new legal framework, which is able to accommodate a multitude of interests and values.
As intellectual property becomes ever more central to modern firms, the role of employer-employee relationships in intangible asset management has also evolved. Professors Oswald and Pagnattaro tackle this important topic in a rich and diverse new book. Through a series of intellectually robust chapters written by noted experts, they consider employees from the perspective of knowledge generators, team members with mobility rights, liability risks and even information misappropriators. The analysis and advice one derives is timely, creative and often surprising. I believe that Managing the Legal Nexus Between Intellectual Property and Employees is an essential read for attorneys, managers and investors who want to remain competitive in today's global business environment. And educators will find it an important reference for training future business leaders.' - Daniel R. Cahoy, Penn State University, USThe explosion in intellectual capital coincides with a growing understanding of the importance of human capital to the firm. Managing the Legal Nexus Between Intellectual Property and Employees: Domestic and Global Contexts highlights some of the most critical contemporary issues occurring at the intersection of intellectual property law, employment law, and global trade. In addition to the legal dimensions, the book tackles issues of strategy and decision-making for businesses. The contributors discuss the use of employment contracts to protect intellectual property, ownership of intellectual property created by employees, officer liability issues relating to infringement, post-employment confidentiality and non-compete agreements, and inadvertent or deliberate misappropriation of trade secrets. The discussion of key topics in intellectual property law in the US and abroad makes this a valuable resource for both academics and practitioners worldwide. Business managers, government employees, and intellectual property owners will appreciate its timely and cutting-edge analysis. Contributors: R. Bird, N.C. Bishara, E. Brown, R.M. Lorentz, J.M. Magid, S. Marsnik, D. Orozc, L.J. Oswald, M. Pagnattaro, S. Park, J.D. Prenkert, C.M.C. Westphal
This book contains the most current information on how to implement, develop and maintain an effective Corrective Action and Preventive Action (CAPA) and investigation program using a 9-step closed-loop process approach for medical device, pharmaceutical and biologic manufacturers, as well as any company or institution, which has to maintain a quality system. CAPA violations along with ineffective complaint investigations continue to be the number one cited violation of device warning letters for the past four years, leading the US Food and Drug Administration or FDA to remind firms to fully investigate complaints, find the root cause of nonconforming products and document their CAPA activities. A review of FDA warning letters issued to pharmaceutical companies reveals that most of these warning letters resulted from recurring failures, ineffective investigations found, and missing or inappropriate corrective and preventive actions. Companies often make the mistake of fixing problems in their processes by revising procedures or more commonly by 'retraining' employees that may or may not have caused the problem. This is typically event-focused. Companies then will make the false assumption that the errors have been eradicated. In many cases they will also consider the steps taken as their Preventive Action. The reality is that the causes of the failure were never actually determined; therefore the same problem will recur over and over. CAPA is a complete system that collects information regarding existing and potential quality problems. It analyzes and investigates the issues to identify the root cause of nonconformities. CAPA is not just a quick-fix, simple approach. It is a process and has to be understood throughout organizations. This book addresses all of the above issues, in a pragmatic, down- to-earth manner.
This book is the first of its kind to chart the terrain of contemporary India's many place names. It explores different 'place connections', investigates how places are named and renamed, and looks at the forces that are remaking the future place name map of India. Lucid and accessible, this book explores the bonds between names, places and people through a unique amalgamation of toponomy, history, mythology and political studies within a geographical expression. This volume addresses questions on the status and value of place names, their interpretation and classification. It brings to the fore the connections between place names and the cultural, geographical and historical significations they are associated with. This will be an essential read for scholars and researchers of geography, law, politics, history and sociology, and will also be of interest to policy-makers, administrators and the common reader interested in India.
In the Information Age, historically marginalized groups and developing nations continue to strive for socio-economic empowerment within the global community. Their ultimate success largely depends upon their ability to develop, protect, and exploit their greatest natural resource: intellectual property. Through an exploration of the techniques used in social entrepreneurship, Intellectual Property, Entrepreneurship and Social Justice provides a framework by which historically marginalized communities and developing nations can cooperate with the developed world to establish a socially cohesive global intellectual property order. The knowledgeable contributors discuss, in four parts, topics surrounding entrepreneurship and empowerment, education and advocacy, engagement and activism and, finally, commencement. Experts in the field, scholars, law professors and students of intellectual property, human rights and international trade and development will find this book to be both thought-provoking and a valuable resource. Contributors: D.M. Conway, S. Ghosh, L.J. Gibbons, M. Gollin, R.S. Heimes, P. Lyfoung, A. McGeehan, C. McNulty, L. Mtima, L.E. Mulraine, J.R. Whitman, V. Rawlston Wilson, P.K. Yu
Three major contributions [of Patents Misuse and Antitrust Law] stand out. First, it illustrates as well as any other work how to bridge the study of antitrust law and patent law... A second and related feature is Professor Lim's excellent use of historical narratives to show how patent misuse concepts have developed over time... A third impressive dimension is its powerful empirical orientation. Professor Lim combines a comprehensive examination of misuse cases with extensive interviews to demonstrate how theory meets practice. In these respects and others, Patent Misuse and Antitrust Law broadens and extends the emerging path of a refreshing new scholarship that links antitrust and patent law. --From the foreword by Prof. William E. Kovacic, former Chairman of the Federal Trade Commission, Global Competition Professor of Law and Policy, George Washington University Law School 'The age old debate as to whether patents are simply a property right in that any trespassing on the property should be punishable, or whether they are tools of economic policy so that questions of misuse can arise when they are not used to encourage commercial developments of new products, has become heated with the advent of patent assertion entities and the problems that arise when use of a patented invention is necessary to comply with an industry standard. Daryl Lim's timely book provides a sober background against which to consider such ideas and possible expansion of types of action that may give rise to claims of patent misuse in the future.' - John Richards, Partner, Ladas & Parry, LLP This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before. Innovation and competition take place in increasingly complex environments that demand a clear understanding of where illegality ends and legitimate corporate strategy begins. The book is an essential resource for the curious, the expert and all those engaged in deciding what patent misuse means and should mean today. In addition to in-depth doctrinal and policy perspectives, it looks at patent misuse through the eyes of today's leading practitioners, judges, government officials and academics. It also presents a qualitative analysis of modern misuse case law spanning 1953 to 2012. The result is a compelling account that lays out an important doctrinal, policy and empirical framework for future cases and scholarship. Patent law students and scholars will find the author's comprehensive study of popular and actual perceptions of the misuse doctrine a valuable resource, while practitioners, government officials and judges will appreciate the predictive value of the author's findings. Contents: Foreword by William E. Kovacic Preface Prologue Introduction 1. Misuse and Antitrust 2. A Brief History of Patent Misuse 3. The Anatomy of a Defense 4. Key Objections 5. Rethinking the Future of Patent Misuse 6. The Empirical Landscape of Misuse 7. Charting the Scope of Patent Misuse 8. Conclusion Index
Despite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems. Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization. Containing the most current and up-to-date IP issues from a global perspective, this book will be a valuable resource for IP and comparative law academics, law students, policy makers, as well as lawyers and in-house counsels. Contributors include: M. Adelman, T. Bodewig, G.E. Evans, M. Franzosi, S. Ghosh, S.J Jong, J. Krauss, M. LaFrance, A.L. Landers, S. Mehra, S.H. Naeve, F. Pollaud-Dulian, C. Rademacher, Y. Reboul, B. Sherman, J. Straus, M.T. Sundara Rajan, T. Takenaka, M. Trimble
The new edition of this acclaimed book gives a fully updated overview of European data protection law affecting companies, incorporating the important legal developments which have taken place since the last edition was published. These include the first three cases of the European Court of Justice interpreting the EU Data Protection Directive (95/46), the Commission's first report on the implementation of the Directive, the Data Retention Directive, new developments in international data transfers, conflicts between security requirements and data protection, and the implementation of the Electronic Communications and Privacy Directive 2002/58 in the Member States. It also covers the recent European Court of Justice decision on the controversial export of airline passenger data to the US, and expands its European overview to include the new and acceding Member States. The book contains comprehensive coverage of data protection law, while at the same time providing pragmatic guidance on the typical compliance issues that companies face. As globalization of the world economy continues, an increasing number of business issues with data protection implications have come to the foreground, for example, outsourcing, whistleblower hotlines and records management, all of which are covered in the book. The appendices have been expanded to include most sources which a company will need, such as the texts of relevant directives, the safe harbor principles and FAQs, and charts of implementation in the Member States of specific provisions of interest to business. Thus, the book is a single reference source for companies faced with data protection issues. A Chinese edition of the book was published in 2008, making it the first in-depth treatise on European data protection law published in Chinese.
This book examines some of the intriguing notions of the complex antitrust-intellectual property interface, focusing primarily on property and dynamic economic doctrines. The extensive discussion addresses antitrust patterns of unilateral behaviour and the intellectual property (IP) institutions of patents and copyright. The author provides a comprehensive evaluation of the intricacies of antitrust and IP from a broad legal, philosophical and economic perspective. In the economic context she considers the Chicago and Austrian schools of market theory, whilst on the legal and philosophical level she explores antitrust and IP doctrines through the lenses of property, philosophy of rights and history. In this way the reader gains a deeper understanding of the antitrust and IP crossroads, an area that is growing in importance as information plays an ever-increasing role in today's markets. This book provides an original theoretical appraisal of the complex issues that arise when antitrust and IP considerations seem to be at odds with one another. It offers an interesting and viable alternative to the Chicago school of antitrust, and makes a significant practical contribution to the Austrian school of economics. Lawyers, industrial economists and academics working on IP, antitrust and competition will all find this to be an informative and highly rewarding volume. It will also be a good source of reference for anyone interested in the philosophy of property rights.
This important research Handbook brings together a set of illuminating works by the field's leading scholars to comprise one of the broadest and most far-reaching overviews of trademark law issues. Organized around three areas of inquiry, the book starts by offering a rich variety of methodological perspectives on trademark law. Reflecting the multifaceted nature of contemporary trademarks, contributors have drawn from law and economics, political science, semiotic theory, and history. The Handbook goes on to survey trademark law's international landscape, addressing indigenous cultural property, human rights issues, the free movement of goods, and the role of substantive harmonization. It concludes with a series of forward-looking perspectives, which focus on trademark law's intersection with the laws of advertising and free speech, copyright law, cyberspace regulation, and design protection. Discussing critical future issues regarding trademark protection and its relationship with other social policies, this Handbook will be of great interest to legal scholars, trademark lawyers and law students. It will also be of interest to academics in marketing, business, consumer psychology, and economics |
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