Magazine Law is a comprehensive guide to the law for magazine journalists, editors and managers. Written by a barrister experienced in publishing and copyright law and a former magazine journalist and law lecturer, the book addresses the special needs of the magazine industry and explains the laws that regulate and seek to determine what journalists can and cannot publish, and how these laws are applied in everyday situations.
Written specifically for all those in the magazine industry, as well as students of magazine journalism, the authors address issues which directly affect day to day practice. The legal and regulatory framework is illustrated with case studies and up-to-date examples of precedent setting cases.
Topics covered include:
* the legal process and the distinction between criminal and civil law
* the role of the courts and reporting court procedure
* defamation, fair-comment and libel
* product testing and criticism
* copyright and passing off
* law for photographers, picture researchers and the use of illustrations
* privacy and trespass
* competition, lotteries and magazine promotion
* sub-editing errors and inaccurate copy
* ethical and professional issues facing journalists
Codes of Practice published by the Press Complaints Commission and National Union of Journalists are set out in appendices, as are requirements for the award of a National Vocational Qualification in Periodical Journalism in Press Law and Ethics. A glossary of legal terms is included.

Wills from lower social status shed light on religious, social and cultural history. Lincolnshire has an extensive archive of sixteenth-century probate material, preserved in the registers of the consistory and archdeaconry courts of Lincoln, the peculiar court of the Dean and Chapter of Lincoln Cathedral, and thearchdeaconry court of Stow. Unlike the wills proved by the archiepiscopal probate courts of Canterbury and York, those from Lincolnshire reflect a population of lower social status. The overwhelming majority come from the ranks of husbandmen, yeomen, or tradesmen, rather than the gentry. In this respect the wills offer a valuable source for the cultural and religious preoccupations of the 'middling sort' and those lower in the social spectrum on the eve of the Reformation. Equally, the detailed bequests of property, livestock and land provide an insight into the material culture and prosperity of the testators, as well as extensive genealogical and topographical information of interest to local, regional and family historians.

Patents, including pharmaceutical patents, enjoy extended protection for twenty years under the TRIPs Agreement. The Agreement has resulted in creating a two-tier system of the World Trade Organisation Member States, and its implementation has seen the price of pharmaceutical products skyrocket, putting essential medicines beyond the reach of the common man. The hardest hit populations come from the developing and least developed countries, which have either a weak healthcare system or no healthcare at all, where access to essential and affordable medicines is extremely difficult to achieve. Pharmaceutical Patent Protection and World Trade Law studies the problems faced by these countries in obtaining access to affordable medicines for their citizens in light of the TRIPS Agreement. It explores the opportunities that are still open for some developing countries to utilise the flexibilities available under the TRIPS Agreement in order to mitigate the damage caused by it. The book also examines the interrelationship between the world governing bodies, and the right to health contained in some of the developing country's national constitutions.

Are intellectual property rights like other property rights? More and more of the world's knowledge and information is under the control of intellectual property owners. What are the justifications for this? What are the implications for power and for justice of allowing this property form to range across social life? Can we look to traditional property theory to supply the answers or do we need a new approach? Intellectual property rights relate to abstract objects - objects like algorithms and DNA sequences. The consequences of creating property rights in such objects are far reaching. A Philosophy of Intellectual Property argues that lying at the heart of intellectual property are duty-bearing privileges. We should adopt an instrumentalist approach to intellectual property and reject a proprietarian approach - an approach which emphasizes the connection between labour and property rights. The analysis draws on the history of intellectual property, legal materials, the work of Grotius, Pufendorf, Locke, Marx and Hegel, as well as economic, sociological and legal theory. The book is designed to be accessible to specialists in a number of fields as well as students. It will interest philosophers, political scientists, economists, legal scholars as well as those professionals concerned with policy issues raised by modern technologies and the information society.

This book presents a clear, carefully-analysed picture of the operation of equity today, across the common law world. Rather than revisit the abstract debate as to whether or not equity has 'fused' with the common law, it focuses on specific equitable principles and doctrines. Expert contributors step back and take a wider view of those doctrines, examining how they can best be understood today, and how they might develop in the future. This will prove invaluable to practitioners and courts (at first instance as well as appellate level), allowing them to navigate the constantly-growing mass of case law. Drawing on expertise from across the worlds of academia, practice and the bench, this seminal collection provides the most illuminating picture available of how equity operates.

This book is based on the Telecommunications Policy Research Conference which reports on research into telecommunications policy issues. While the conference is now a respectable 23 years old, this is only the second printed edition of selected papers. A new law, the Telecommunications Act of 1996, accelerated the process of integration in the communication industry and made major revisions to the Communications Act of 1934 that increase the incentive for integration within the industry. Although the papers in this volume were written prior to the passage of the new law, their importance is merely enhanced by it. They deal with fundamental, complex policy problems that arise when previously separate segments of the telecommunications industry are integrated, rather than specific regulatory rules that are likely to be changed under the new law. With the passage of this law, the timeframe for developing appropriate policies for an integrated industry has been shortened. Changes expected to occur over a period of several years will now likely occur much more rapidly. These papers provide insights to help guide the transition in the industry.
Divided into five parts, this volume:
* deals with problems of transforming local exchange telephone service from a monopoly in each geographical area to an interconnected competitive network of networks,
* considers the pricing problems that arise in an integrated network carrying traffic of different types across multiple service providers,
* examines the problem of achieving interoperability in complex networks,
* considers issues of intellectual property that arise in expected integrated networks of the future, and
* discusses electronic publication of scholarly journals, copyright protection, and the applicability of copyright law in the digital age.

This book is a research guide and bibliography of Parliamentary material, including the Old Scottish Parliament and the Old Irish Parliament, relating to patents and inventions from the early seventeenth century to 1976. It chronicles the entire history of a purely British patent law before the coming into force of the European Patent Convention under the Patents Act 1977. It provides a comprehensive record of every Act, Bill, Parliamentary paper, report, petition and recorded debate or Parliamentary question on patent law during the period. The work will be an essential resource for scholars and researchers in intellectual property law, the history of technology, and legal and economic history.

This ground-breaking and timely contribution to the field of Intellectual Property law explores the implications of 3D Printing and Additive Manufacturing in three core jurisdictions: the UK, USA and Australia. Providing in-depth analysis of the current state of affairs, as well as outlining future issues and developments, 3D Printing and Beyond addresses both the challenges and opportunities created by 3D Printing. Bringing together both academic and practical experts, the original contributions to this book consider the regulation of new, emerging and future technologies and their implications for the legal landscape. The book goes beyond 3D printing and its relationship with intellectual property to the realms of ethics, contracts, socio-legal aspects and economics. Intellectual property academics will greatly benefit from reading this book, as it not only explores the myriad ways in which 3D printing has altered the horizon of IP law, but also offers ideas for areas of future research. Practitioners and policy makers will also benefit from the useful examples and cases used in this book. Contributors include: T. Berger, S. Bradshaw, R. Brownsword, A. Daly, D. Desai, E. Ferrill, T. Holbrook, D. Hong, K. Horn, M. Lemley, R. MacKichan, T. Margoni, C. McKinley, D. Mendis, P. Menell, M. Mimler, D. Nicol, J. Nielsen, M. Rimmer, A. Scardamaglia, R. Vacca

Readers say it best: "Very informative." "Saved me a lot of money and headaches!" "Recommend it for everyone who has to plan estates for their elderly parents" Living Trusts for Everyone is the best resource for setting up a living trust. Explaining in specific terms what benefits a trust will have, Ronald Farrington Sharp gives the tools necessary to set up a loved one's trust with no lawyers and no expense. Wills benefit lawyers. Trusts benefit the clients. Too often lawyers sell wills to clients only to sit back and wait to sell their probate services to their clients' heirs. Ronald Farrington Sharp describes the best way to handle modern estate planning and details the many advantages trusts have over wills in not only eliminating probate but in also protecting your assets for your heirs. Sharp explains why legal services are not needed to do the clerical work in settling a trust after death. This updated edition includes new information on an array of subjects, including: Elimination of the federal estate tax for most estates due to increased exemption amounts Online assets The use of passwords, usernames, and websites Keeping trustees honest and the process of removing trustees for malfeasance Forms for simplifying the planning process Strategies to lower attorneys' fees With no legal jargon, just step-by-step instructions and sample form letters, Living Trusts for Everyone takes the mystery out of the process of setting up a trust.

Buying and Clearing Rights is the first work to consider the difficulties of rights clearances in all forms of media. It offers practical advice on how to plan, clear and pay for rights. Covering such areas as co-production and the co-financing of contracts, multimedia, text, pictures, footage, software, moral rights and production paperwork, this book will be of use to producers, directors, suppliers of creative material and distributors as well as academics and media studies students.

Farmers' Rights are essential for maintaining crop genetic diversity, which is the basis of all food and agricultural production in the world. The International Treaty on Plant Genetic Resources for Food and Agriculture recognizes Farmers' Rights and provides for relevant measures. However, implementation is slow, and in many countries there is resistance. This book shows the necessity of realizing Farmers' Rights for poverty alleviation and food security, the practical possibilities of doing so, and the potential gains for development and society at large. It provides decision-makers and practitioners with a conceptual framework for understanding Farmers' Rights and success stories showing how each of the elements of Farmers' Rights can be realized in practice. The success stories have brought substantial achievements as regards one or more of the four elements of Farmers' Rights: the rights of farmers to save, use, exchange and sell farm-saved seed; the protection of traditional knowledge; benefit- sharing; and participation in decision-making. This does not mean that these examples are perfect. Challenges encountered on the way are conveyed and offer important lessons. The stories represent different regions and localities, including Europe, Asia, Africa and Latin America, as well as various categories of stakeholders and types of initiatives and policies.

Debates about Access and Benefit Sharing (ABS) have moved on in recent years. An initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now moved to a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced: repatriation of resources, technology transfer, traditional knowledge and cultural expressions; open access to information and knowledge, naming conventions, farmers' rights, new schemes for accessing pandemic viruses and sharing DNA sequences, and so on. Unfortunately, most of this debate is now crystallised into apparently intractable discussions such as implementing the certificates of origin, recognising traditional knowledge and traditional cultural expression as a form of intellectual property, and sovereignty for Indigenous peoples. Not everything in this new marketplace of ABS has been created de novo. Like most new entrants, ABS has disrupted existing legal and governance arrangements. This collection of chapters examines what is new, what has been changed, and what might be changed in response to the growing acceptance and prevalence of ABS of genetic resources. Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing of Genetic Resources addresses current issues arising from recent developments in the enduring and topical debates about managing genetic resources through the ABS regime. The book explores key historical, doctrinal, and theoretical issues in the field, at the same time developing new ideas and perspectives around ABS. It shows the latest state of knowledge and will be of interest to researchers, academics, policymakers, and students in the fields of intellectual property, governance, biodiversity and conservation, sustainable development, and agriculture.

This two-volume collection brings together the most important articles on the tragedies of the commons and anticommons. The first volume presents the bedrock articles that define commons and anticommons theory, from Aristotle to the present. The second volume continues with cutting edge property theory and applications. A judicious selection of articles shows how commons and anticommons metaphors inform current debates at the innovation frontier, ranging from patent thickets to broadcast spectrum licensing. In this extensive introduction, Michael Heller contextualizes the selected papers and provides scholars and policy-makers with an entry point into this rapidly evolving field.

In the history of British patent law, the role of Parliament is often side-lined. This is largely due to the raft of failed or timid attempts at patent law reform. Yet there was another way of seeking change. By the end of the nineteenth century, private legislation had become a mechanism or testing ground for more general law reforms. The evolution of the law had essentially been privatised and was handled in the committee rooms in Westminster. This is known in relation to many great industrial movements such as the creating of railways, canals and roads, or political movements such as the powers and duties of local authorities, but it has thus far been largely ignored in the development of patent law. This book addresses this shortfall and examines how private legislation played an important role in the birth of modern patent law.

This title was first published in 2001. The D-Notice system is a voluntary arrangement between the government and the media whereby the media agree not to publish certain information in the interests of national security. This original and thought-provoking book identifies a major deficiency in both the D-Notice system and the legal alternatives to the system.

Intellectual Property, Medicine and Health examines critical issues and debates including access to knowledge and medicinal products, human rights and development, innovations in life technologies and the possibility for ethical frameworks for intellectual property law and its application in public health. The central question of trust and the beneficial interests of society in the use of products of intellectual property, particularly in the fulfilment of the right to access medicinal products, emerge as key to achieving meaningful access to knowledge in health and medicine and the realization of relevant and equitable use of the benefits of scientific research in all societies. This second edition ensures that the book continues to be a rigorous academic resource in current debates in intellectual property aspects of medicine, and to characterise these debates through new and updated examples, as well as to ensure the accuracy of the book with respect to significant developments, in particular, gene-related inventions and associated litigation, stem cell research, traditional knowledge and access and benefit-sharing, as well as detailed discussions of particularly significant litigation, including Novartis v India. In this way, it continues to capture the full breadth of issues through strategic examination of particular cases. The updating ensures that recent and current issues are examined and analysed and that all law remains current and accurate, together with the revision of the resource list so that the book can act as a current research tool in these areas and indicate places to obtain further materials in the historical and legal precursors to these debates.

Privatization creates gainers and losers. Increasingly, governments, particularly those in developing countries, are coming to realize that privatization can have a very severe economic impact and raises problems of equity. Yet remedial actions are often inadequate and unsystematic. In "Privatization and Equity", the authors look at some of the problems brought about by the change to private ownership. They identify factors which can lead to greater inequality, including changes in market structure, foreign ownership and operating policies. They also highlight the consequences of ignoring considerations of equity. In the short term these can discredit privatization programmes, and in the long term might even see them reversed.

Intellectual Property Perspectives on the Regulation of New Technologies explores the challenges that emerging technologies and technology-driven practices pose for traditional notions of intellectual property (IP) law and policy. This book exposes the intimate relationship between IP and technology and demonstrates how most substantial revisions to IP law have been driven by technological innovations. Authors offer perspectives from across the intellectual property law spectrum and address questions such as: is the law evolving in the right direction?; and is the regulation of emerging technologies supported by sound policy objectives? The resulting discussion exposes the disparate manner in which IP law has responded to challenges posed by innovation and new technologies. In Part I authors explore whether the regulation of new technologies has fundamentally altered the object and purpose of IP law, including the balance of interests. Part II focuses on the impact of digital technologies, specifically on copyright law and policy. Covering a diverse range of topics, this book will be of interest to scholars who are researching the relationship between technological development and IP law and practice. It will also be a useful resource for those who have an interest in the evolving nature of IP law. Contributors include: J. Axhamn, M.L.L. Barcellos, R. Giblin, J.C. Ginsburg, P. Kamocki, A. Nordberg, T. Pistorius, I. Stamatoudi, T.-E. Synodinou, M.A. Wilkinson, H. Xue

Access to genetic resources and Benefit Sharing (ABS) has been promoted under the Convention on Biological Diversity, with the aim of combining biodiversity conservation goals with economic development. However, as this book shows, since its inception in 1992, implementation has encountered multiple challenges and obstacles. This is particularly so in the marine environment, where interest in genetic resources for pharmaceuticals and nutrients has increased. This is partly because of the lack of clarity of terminology, but also because of the terms of the comprehensive law of the sea (UNCLOS) and transboundary issues of delineating ownership of marine resources. The author explains and compares relevant provisions and concepts under ABS and the law of the sea taking access, benefit sharing, monitoring, compliance, and dispute settlement into consideration. He also provides an overview of the implementation status of ABS-relevant measures in user states and identifies successful ABS transactions. A key unique feature of the book is to illustrate how biological databases can serve as the central scientific infrastructure to implement the global multilateral benefit sharing mechanism, proposed by the Nagoya Protocol. The research for this book was supported by both the Bremen International Graduate School for Marine Sciences (GLOMAR) and the International Research Training Group INTERCOAST - Integrated Coastal Zone and Shelf-Sea Research.

From concept to distribution, those involved in film and programme making come into contact with many legal topics. Copyright, moral rights, contract law, libel and slander, employment law, tax law, obscenity and indecency laws, contempt of court and even Official Secrets Acts are many perplexing areas of the law that need to be understood and dealt with during the completion of a project. This guide sets these difficult areas of the law in context and tackles them in practice, to acquaint film and programme makers with useful, practical insight into the likely problem areas before they meet those problems. In accessible non-legal language the book takes a logical approach through deal-acquiring rights in literary and other material, developing and adapting that material to production stage, raising finance for development and production, concluding agreements with financiers, contracting cast and crew, securing locations, obtaining insurance and exploiting the finished production. It also includes an advisory section on setting up and running a company. Through this often tortuous process problem areas are highlighted and advice given on how to avoid pitfalls.

This volume provides a reference textbook and comprehensive compilation of multifaceted perspectives on the legal issues arising from the conservation and exploitation of non-human biological resources. Contributors include leading academics, policy-makers and practitioners reviewing a range of socio-legal issues concerning the relationships between humankind and the natural world. The Routledge Handbook of Biodiversity and the Law includes chapters on fundamental and cutting-edge issues, including discussion of major legal instruments such as the Convention on Biological Diversity and the Nagoya Protocol. The book is divided into six distinct parts based around the major objectives which have emerged from legal frameworks concerned with protecting biodiversity. Following introductory chapters, Part II examines issues relating to conservation and sustainable use of biodiversity, with Part III focusing on access and benefit-sharing. Part IV discusses legal issues associated with the protection of traditional knowledge, cultural heritage and indigenous human rights. Parts V and VI focus on a selection of intellectual property issues connected to the commercial exploitation of biological resources, and analyse ethical issues, including viewpoints from economic, ethnobotanical, pharmaceutical and other scientific industry perspectives.

In December 1991, a two-volume edition of Dead Sea Scroll photographs was issued by the Biblical Archaeology Society, an American group headed by Hershel Shanks. It included an essay written by Dr. Elisha Qimron, an Israeli scholar noted for his work in the language of the Dead Sea Scrolls. Publication of this reconstruction and transcription resulted in a lawsuit in Israel and the United States between Qimron and Shanks. Piracy in Qumran analyzes this legal controversy, which rocked the scholarly world of Biblical and archaeological studies at the time, and which still resonates today. Qimron's long years of research so as to decipher one of the scrolls that dated from the years immediately preceding the Christian Era led him to revolutionary conclusions. He had controversial ideas about the ancient laws of purity of the Essenes, the authors of the scrolls, and their problematic relationships with the two main streams of Judaism. Read or reconstructed differently, this same text might yield very different conclusions. The emphasis in Raphael Israeli's volume is on legal and moral aspects of intellectual property law as it relates to works of historical reconstruction. There are questions about whether Qimron's work constitutes something original, the fruit of his creativity (and thus is copyrightable) versus whether it is merely a copy of an ancient blurred text, in the public domain, reconstructed by a modern author. This book does not simply take a position with respect to the matter of Qimron versus Shanks, it asks the reader to consider the controversy's implications for such topics as freedom of press. Although there are other books available about the Dead Sea Scrolls, no other study examines the social and cultural implications of this crisis in such detail. The story itself is intriguing for those who are not specialists in the subject, but are generally interested in the issues raised by the controversy. It will be of intense interest to scholars and students of religion or international law and historians of the Dead Sea Scrolls.

This work examines the endeavours of the Arabian Peninsula States - namely the Gulf Cooperation Council member States of Bahrain, Kuwait, Oman, Qatar Saudi Arabia and the UAE, as well as Jordan and Yemen as prospective GCC members - in establishing national intellectual property protection regimes which both meet their international treaty obligations and are also congruent with their domestic policy objectives. It uses the WTO's TRIPS Agreement of 1995 as the universal benchmark against which the region's laws are assessed. The challenges faced by the States in enforcing their intellectual property laws receive particular attention. Protecting Intellectual Property in the Arabian Peninsula considers the changing nature of the States' intellectual property laws since 1995. It argues that the decade immediately following the TRIPS Agreement was marked by a period of foreign forces shaping or influencing the character of the States' intellectual property legislative regimes, primarily through multilateral or bilateral trade-based agreements. The second and current decade, however, see a significant shift away from foreign influences and a move towards domestic and regional imperatives and initiatives taking over. The work also examines regional initiatives for the protection of traditional knowledge and cultural heritage, as areas of intellectual property which fall outside the parameters of the TRIPS Agreement, but which are of significant concern to the States and other developing countries, and to which they are giving increasing attention in terms of providing proper protection.