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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law
In an increasingly globalised world, place and provenance matter
like never before. The law relating to Geographical Indications
(GIs) regulates designations which signal this provenance. While
Champagne, Prosciutto di Parma, Cafe de Colombia and Darjeeling are
familiar designations, the relevant legal regimes have existed at
the margins for over a century. In recent years, a critical mass of
scholarship has emerged and this book celebrates its coming of age.
Its objective is to facilitate an interdisciplinary conversation,
by providing sure-footed guidance across contested terrain as well
as enabling future avenues of enquiry to emerge.The distinctive
feature of this volume is that it reflects a multi-disciplinary
conversation between legal scholars, policy makers, legal
practitioners, historians, geographers, sociologists, economists
and anthropologists. Experienced contributors from across these
domains have thematically explored: (1) the history and conceptual
underpinnings of the GI as a legal category; (2) the effectiveness
of international protection regimes; (3) the practical operation of
domestic protection systems; and (4) long-unresolved as well as
emerging critical issues. Specific topics include a detailed
interrogation of the history and functions of terroir; the present
state as well as future potential of international GI protection,
including the Lisbon Agreement, 2015; conflicts between trade marks
and GIs; the potential for GIs to contribute to rural or
territorial development as well as sustain traditional or
Indigenous knowledge; and the vexed question of generic use. This
book is therefore intended for all those with an interest in GIs
across a range of disciplinary backgrounds. Students, scholars,
policy makers and practitioners will find this Handbook to be an
invaluable resource. Contributors include: E. Barham, D. Barjolle,
L. Berard, D.S. Gangjee, D. Gervais, M. Geuze, B. Goebel, M.
Groeschl, M. Handler, C. Heath, D. Marie-Vivien, J.M.C. Martin, P.
Mukhopadhyay, D. Rangnekar, B. Sherman, A. Stanziani, S. Stern, A.
Taubman, L. Wiseman, H. Zheng
Engaging and innovative, User Generated Law offers a new
perspective on the study of intellectual property law. Shifting
research away from the study of statutory law, contributions from
leading scholars explore why and how self-regulation of
intellectual property rights in a knowledge society emerges and
develops. Analyzing examples of self-regulation in the intellectual
property law-based industries such as collective management of
copyrights and patent rights, open source licenses, domain name law
and enforcement of intellectual property rights, this book
evaluates to what extent user generated law is an accurate model
for explaining and understanding this process. It also considers
its interaction with the framework conditions of the statutory law
upon which it is built and the subsequent redefinition of legal
positions for affected parties. With its original stance on
understanding and construing intellectual property law, User
Generated Law will appeal to students and scholars studying in this
area as well as in legal governance and legal theory. Its
evaluative approach also lends itself to policy makers and
practitioners. Contributors include: O. Kokoulina, B. Lundqvist,
M.J. Madison, T. Minssen, C.S. Petersen, T. Riis, O.-A. Rognstad,
J. Schovsbo, S.F. Schwemer, H. Udsen, E. van Zimmeren
This volume thoroughly covers and systematically displays the three
main areas of intellectual property law - patents, trade marks and
copyright - without leaving other rights of the intellectual
property family aside, as it also explores geographical
indications, industrial designs, trade secrets and databases. The
book offers a full and complete picture of European intellectual
property law, discussing the treatment of intrinsic issues on
harmonization, transborder disputes, collectiveness and
individualization in the different fields of intellectual property
law. With an original introduction by the editor, this book has
been carefully designed to offer law students as well as
practitioners a valuable instrument to understand contemporary
intellectual property law within the EU.
This review discusses the most important and influential papers in
the field of Equity and Trusts. While taking seriously the intimate
and historical relationship between English Equity and the law of
trusts, it also addresses new and comparative perspectives on the
subject, bringing together common law and civil law, doctrinal
scholarship and socio-legal analysis, historical approaches to
Equity and functional ones. The review includes a wide range of
authors and outlooks ranging from Frederic Maitland to recent
material on fiduciary obligations and discretionary trusts,
highlighting the universality of Equity as a body of law, and the
nature of the Trust as a fundamental juristic institution. This
literary piece promises to be a useful tool for academics
captivated by this subject area.
This research review, made possible by the recent convergence of
intellectual property and private international law as critical
disciplines, explores the most important papers on these now linked
subjects. More and more issues of private international law arise
in the area of intellectual property, and the articles selected
chart the route that both disciplines have covered together,
discussing both bridges built and 'dead-ends' reached. Looking
forward also to the future of the subject, Professor Paul
Torremans' Intellectual Property and Private International Law will
prove to be an essential research tool for all students, academics
and practitioners working in this fast-developing area.
'This is the best industry-focussed legal textbook I've seen. Rosie
covers a lot of ground and navigates complex areas of law in plain
English. The book is accessible, well-structured and highly
relevant.' - James Sweeting, Senior IP Counsel, Superdry PLC 'A
refreshingly insightful overview of the legal challenges and
opportunities facing fashion businesses operating today in Europe.
It condenses vast realms of information into digestible and
practical summaries, all written in a modern and commercial voice
that enthuses passion for this fabulous industry.' - Head of Legal,
Online Fashion Business, UK European Fashion Law: A Practical Guide
from Start-up to Global Success provides an accessible guide to the
legal issues associated with running a fashion business in Europe.
This concise book follows the lifecycle of a fashion business from
protecting initial designs through to global expansion. Readers
will benefit from: The logical and easy-to-follow structure which
highlights relevant legal considerations at each stage in the
development of a fashion business First-hand, practical guidance on
commercial issues associated with the fashion industry, including:
how to avoid costly legal disputes, launching a website and working
with third parties Advice on how to protect a company's
intellectual property at each stage of business development: from
registering designs to combating counterfeits A concise overview of
relevant EU legislation and case law as it applies in practice.
This inherently practical book will be a helpful go-to guide for
those running a fashion business and for their in-house legal
teams. For lawyers in practice the book will be useful point of
reference when advising fashion and retail clients. For students of
fashion, design, retail, or intellectual property, this book will
provide a practical grounding to accompany academic studies.
This fully updated book offers a compact and accessible account of
EU intellectual property law and policy. The digital age brings
many opportunities, but also presents continuing challenges to IP
law as the EU's programme of harmonisation unfolds. As well as
addressing the main IP rights (copyright, patents, designs, trade
marks and related rights), the book also considers IP's
relationship with the EU's rules on free movement of goods and
competition, as well as examining the enforcement of IP rights.
Taking account of numerous changes, this timely second edition
covers the substantive provisions and procedures which apply
throughout the EU, making extensive reference to the case law. The
author considers how the exploitation of intellectual property is
increasingly global; harmonisation, in contrast, is only partial,
even at the EU level. In response, the book sets EU IP law in its
wider international context. It also seeks to highlight policy
issues and arguments of relevance to the EU, in its relations both
within the Union and with the rest of the world. Designed as a
compact and approachable account of these difficult and technical
areas, and with advice on further reading and research, this unique
book is useful both as a work of reference and for more general
study. It is essential reading for postgraduate students, academic
researchers and legal practitioners alike.
This second edition has been completely rewritten to reflect recent
changes and new trends that have emerged since the popular first
edition was published. Copyright law has become a fast moving area,
which is reflected in the wealth and diversity of research. This
comprehensive Research Handbook is situated at the cutting edge of
current copyright research, with each chapter written by a leading
author in that particular field. The Research Handbook begins with
an examination of fundamental questions such as the historical
foundations of copyright, the basic concept of originality and the
significant discussion on communication to the public. The
contributors then focus on moral rights and the artist resale
right. In-depth treatment of specialist topics is provided,
including copyright contracts, collective management, issues
surrounding streaming and sampling, cultural heritage, orphan
works, search engines and the potential for a public policy
exclusion. The Research Handbook provides global coverage while
also considering specific jurisdictions and private international
law. The Research Handbook on Copyright Law is a rich research tool
that reflects the wealth and diversity of the ongoing research in
copyright. It is essential reading for students and researchers in
copyright and intellectual property law, as well as practitioners
and policymakers. Contributors include: P.C. Aguila, F. Brison, S.
Depreeuw, G. Dimita, Y. Gendreau, N.H.B. Hang, M.-C. Janssens, B.J.
Jutte, T. Kien, J. Koo, A. Lucas-Schloetter, G. Minero, B. Mullisi,
S. Nerisson, J. Pila, E. Rengifo, T. Riis, J. Schovsbo, I.A.
Stamatoudi, U. Suthersanen, M.J. Tawfik, P. Torremans, H. Vanhees,
C. Waelde
The regulation and flow of information continues to have a critical
impact upon how people live their lives and the way society
functions. In recent times, disinformation and privacy violation
have become the 'information pollution' of the 21st century. This
book explores ways and means of protecting the 'information
environment' by drawing upon four theories of contemporary
environmentalism: welfare economics, the commons, ecology, and
public choice theory. Welfare economics highlights the need to
focus on costs (as well as benefits) when evaluating regulatory
structures. The commons encourages queries about the validity of
propertisation. Ecology speaks to the importance of diversity and
resilience. And public choice theory hazards against the regulatory
effect of concentrated interests. The lessons from each inspire the
proposed information environmental governance framework. By neatly
capturing the metaphorical relationship between the physical
environment and the information environment, Robert Cunningham
explores progressive regulatory pathways for the digital age. This
book will be a thought-provoking read for scholars and students
with an interest in intellectual property or the regulation of
information.
This timely and practical guide compares the jurisdictional
advantages of litigating a national IP right with those of the
corresponding European unitary IP right. The study offers IP
practitioners a meticulous yet principled basis for their
jurisdictional decisions and shows why it is advantageous for
infringers to litigate based on a national IP right and
rightholders to litigate based on a European unitary IP right. Key
features include: the first book to focus on jurisdiction
strategies in intellectual property litigation coverage of
intellectual property and private international law analysis of the
latest case law of national courts and the European Court of
Justice including, Case C-523/10, Wintersteiger and Case C-360/12,
Coty Prestige helpful diagrams and tables providing easy access to
key information and decision points a state-of-the-art overview of
the relevant legal framework, including the Unified Patent Court
Jurisdiction and the new European Union Trademark Regulation.
Intellectual Property Jurisdiction Strategies is an essential
resource for intellectual property practitioners throughout the EU.
It will also appeal to advanced students and academics needing an
up-to-date reference for research into intellectual property law
and policy.
The first part of this open access book sets out to re-examine some
basic principles of trade negotiation, such as choosing the right
representatives to negotiate and enhancing transparency as a cure
to the public's distrust against trade talks. Moreover, it analyses
how the Comprehensive and Progressive Agreement for the
Trans-Pacific Partnership (CPTPP) might impact on the Regional
Comprehensive Economic Partnership's (RCEP) IP chapter and examines
the possible norm setters of Asian IP. It then focuses on the
People's Republic of China's (PRC) trade and IP strategy against
the backdrop of the power games between the PRC, India and the US.
The second part of the book reflects on issues related to
investor-state dispute settlement and its relationship with IP,
such as how to re-calibrate the balance in international investment
arbitration, and whether compulsory license of IP constitutes
expropriation in India, the PRC and select ASEAN countries. The
third part of the book questions and strives to improve some of the
proposed IP provisions of CPTPP and RCEP and to redefine some
aspects of international IP norms, such as: pre-grant patent
opposition and experimental use exception; patent term extension;
patent linkage and data exclusivity for the pharmaceutical sector;
plant variety protection; pre-established damages for copyright
infringement; and the restructuring of copyright limitations in the
public interest. The open access edition of this book is available
under a CC BY-NC-ND 3.0 licence on www.bloomsburycollections.com.
Open access was funded by the Applied Research Centre for
Intellectual Assets and the Law in Asia, School of Law, Singapore
Management University.
Patent holders are increasingly making voluntary, public
commitments to limit the enforcement and other exploitation of
their patents. The best-known form of patent pledge is the
so-called FRAND commitment, in which a patent holder commits to
license patents to manufacturers of standardized products on terms
that are ''fair, reasonable and non-discriminatory.'' Patent
pledges have also been appearing in fields well beyond technical
standard-setting, including open source software, green technology
and the biosciences. This book explores the motivations, legal
characteristics and policy goals of these increasingly popular
private ordering tools. Jorge Contreras and Meredith Jacob bring
together work by more than a dozen international experts who
examine the phenomenon of patent pledges from a variety of
perspectives and analytical frameworks. The book assesses patent
pledges as mechanisms for facilitating platform promotion, open
innovation, economic development and environmental sustainability.
Legal practitioners who are involved in intellectual property
licensing, litigation and business transactions will find this book
a key resource, as will in-house lawyers and managers at firms
engaged in technology development and standardization. It will also
be a key reference for scholars in law, economics, business and
political science. Contributors include: C. Asay, B. Awad, M.
Bohannon, M. Callahan, J. Contreras, D. Greenbaum, M. Jacob, Y.
Kim, M. Maggiolino, C. Maracke, A. Metzger, L. Montagnani, J.
Schultz, S. Scott, T. Sebastian, N. Shanahan, R. Sichel, R.
Sikorski, T. Simcoe, D. Valz, L. Vertinsky, E. Wang, E. Winston,
S.-S. Yi
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