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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law
This work deals with the liability of the holding company for the
debts of its insolvent subsidiaries. In analyzing the current
position under English law, the work challenges as outmoded and
inadequate the virtual dogma that a holding company is not
answerable for the debts of its insolvent subsidiaries. The study
identifies four separate and distinct types of behavioural
practices within corporate groups which may prejudice the interests
of external creditors or otherwise constitute an abuse of the
corporate form; the subservient subsidiary situation; the
inadequately financed subsidiary situation; the integrated economic
enterprise situation; and the group persona situation. After
weighing the various arguments for and against a change in the law
and concluding that reform is called for, the study proceeds to
submit some radical proposals for reform. The basic thrust of the
reform proposals is that in a number of well-defined situations
entity law should give way to an enterprise analysis and holding
company liability should be imposed for the debts of insolvent
subsidiaries.
A fundamental change in the way organisations approach innovation
is taking place. It is driven by the simple realisation that not
all the smart people work for just one organisation. Few
intellectual property books concentrate on external innovation and
more particularly on dealing with external inventors and handling
their inventions. Harvesting External Innovation begins by
examining the broad subject of innovation, stressing the need to
understand its forms and phases, ways and means to encourage
innovation. It then addresses the growing phenomenon of external
innovation. A number of different approaches to engaging with the
external innovator community are then considered, together with
real life case studies. Harvesting External Innovation discusses in
depth how best to handle intellectual property matters, how to
actually work with these external inventors and how to handle their
inventions, including a suggested process and check list.
Key Facts has been specially written for students studying law. It
is the essential revision tool for a broad range of law courses.
The series is written and edited by an expert team of authors whose
experience means they know exactly what is required in a revision
aid. They include examiners, barristers and lecturers who have
brought their expertise and knowledge to the series to make it
user-friendly and accessible. Key features include: user-friendly
layout and style; diagrams, charts and tables to illustrate key
points; summary charts at a basic level, followed by more detailed
explanations, to aid revision at every level, pocket sized and
easily portable; highly-regarded authors.
Advances in modern biotechnology have produced profound and
far-reaching implications for the relationship between humans,
animals and the environment. As a result, a debate has arisen
surrounding the legal, moral and social problems connected with
this technology, a central part of the debate focusing on the role
of moral considerations in the patent system as a form of
regulation. This fully revised and updated book examines this role
and asks why in the context of biotechnological inventions,
morality has become an important issue. It takes account of recent
developments, including reference to the situation in Australia. By
examining such specific recent cases, the author elucidates the
moral concerns associated with modern biotechnology, thus providing
an important contribution to the debate and a valuable resource for
all those working in this exciting field.
Plan ahead: estate planning to secure your wishes Estate Planning
is your overview of the estate planning concepts that are necessary
to consider when advising your clients about the different facets
of wealth transfer planning. This fundamental reference presents
the basic estate, gift, and trust planning ideas in a descriptive
and accessible manner allowing you to easily and conveniently
access the information you need when you need it. This essential
text covers the development of estate planning strategies for your
clients, the fundamentals of the federal transfer tax system,
relevant federal income tax rules, lifetime donative asset
transfers, gratuitous property transfers at death,
generation-skipping transfers, special property transfer planning
considerations, and post-mortem planning. When done effectively,
estate planning enables your clients to make both lifetime and
testamentary transfers of assets to beneficiaries of their choice.
In the process, strategic, successful estate planning strategies
conserve wealth for these beneficiaries, who are often family
members of the client. Leveraging the right methods of estate
planning can ensure that you achieve your client's objectives. *
Explore the fundamentals of estate planning as they relate to
wealth transfer planning * Dive into special property transfer
planning considerations, including community property, life
insurance, charitable transfers, closely held corporations, etc. *
Better serve your clients by having access to relevant, easy to
navigate information on estate planning best practices * Reinforce
these new ideas with a comprehensive test bank Estate Planning is
your guide to estate planning concepts that help you protect your
assets during wealth transfer and prepare for your assets to change
hands as smoothly as possible.
The protection of intellectual property rights has become a major
concern in recent years. The opportunities being seized, or lost,
in areas such as computer software or biotechnology have captured
most of the headlines but in every research facility, whatever the
subject, there is an increased awareness of the importance to R
& D management of a more commercial attitude. Keith Hodkinson
has run Government sponsored "professional updating" courses for
academic and industrial researchers and business executives. The
practical questions raised there and the advice found most useful
have all helped to make this guide a down-to-earth source of help
which will be of immediate, profitable use to its readers.
Appendices to the book as well as giving lists of useful names and
addresses to contact also contain examples of draft letters,
contracts and record forms and licensing negotiating checklists.
This book analyses proprietary restitution, at law and in equity,
and inquires whether proprietary relief is available in defective
transfers of property, such as mistaken payments. Refining the
Birksian event-based classification of rights, it offers a coherent
and rationalised approach to the transfer, creation and tracing of
proprietary rights in general. The book sets out the current state
of the law and discusses a vast body of case law. It is argued that
the scope of proprietary relief following defective transfers of
property is quite limited. Legal or equitable title in the
transferred property remains vested in the transferor if his
intention to execute the transaction is virtually absent
altogether. If only equitable ownership is retained, a resulting
trust comes into being. If legal and equitable ownership passes,
the law of rescission might provide a power in rem which equips the
respective party with a proprietary interest. Apart from that,
however, no proprietary relief is available in defective transfer
cases. In particular, constructive trusts have no role to play in
this context. Proprietary Consequences in Defective Transfers of
Ownership is a comprehensive work of interest to academic and
professional readers alike.
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.
In order for the information society to realise its full potential,
personal data has to be disclosed, used and often shared. This book
explores the disclosure and sharing of data within the area of
healthcare. Including an overview of how health information is
currently managed, the authors argue that with changes in modern
society, the idea of personal relationships with a local GP who
solely holds and controls your health records is becoming rapidly
outdated. The authors aim to encourage and empower patients to make
informed choices about sharing their health data. They do this by
developing a three-stage theoretical model for change to the roles
of the NHS and the individual. The study generates debate to
stimulate and inspire new models and policy, and to provoke new
visions for the sharing of healthcare data. Such discussion is
framed through an exploration of the changing concept of 'privacy'
and 'patient control' in healthcare information management. The
volume draws on best practices from Europe and the USA and combines
these to form a suggested vision for the UK as an early adopter of
change. The volume will be essential reading for academics in the
field of privacy and data protection, as well as healthcare and
informatics professionals across different jurisdictions.
Trademarks and Social Media supports the protection of using the
trademark logo correctly on social media. This thoughtful book
demonstrates how protection can be implemented within the walled
gardens of social media, through the reconciliation of unauthorised
use of the trademark logo on social media alongside maintaining the
right to exercise freedom of expression. Legal conflicts between
trademark holders, social media providers and internet users have
become manifest in the light of wide-scale, unauthorised use of the
trademark logo on social media in recent decades. Arguing for the
protection of the trademark logo against unauthorised use in a
commercial environment, this book explores why protection
enforcement should be made automatic. A number of issues are
discussed including the scalability of litigation on a case-by-case
basis, and whether safe harbour provisions for online service
providers should be substituted for strict liability. This book
offers an unparalleled insight into the use of the trademark logo
on social media, the consequences of incorrect use and practical
solutions to achieve algorithmic justice. Scholars in the field of
trademark law will find this a discerning reference tool. Policy
makers and practitioners will benefit from the practical solutions
presented to protect the trademark logo on social media.
The fight between North and South over intellectual property (IP)
reached new heights in the 1990s. In one corner, large
multinational companies and developed countries sought to protect
their investments. Opposing them, developing countries argued for
the time and scope to pursue development strategies unshackled by
rules forged to bolster the competitiveness of richer countries.
The result was the WTO's deeply contested Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Widely resented by developing countries, TRIPS nonetheless permits
them some hard-won flexibility. Puzzling, however, is why some
developing countries have used that flexibility and others have
not. Even more curious is that many of the poorest countries have
made least use of the room for manouevre, despite securing some
extra concessions. For developing countries, TRIPS did not end the
pro-IP offensive. At the urging of industry lobbyists, powerful
countries backtracked on the flexibilities in TRIPS and pursued
even stronger global IP rules. To prevent precedents for weaker IP
standards in poorer countries, they issued threats to market
access, aid, investment, and political alliances. Further, they
used new trade deals and, more subtly, capacity building (assisted
by the World Intellectual Property Organization, among others) to
leverage faster compliance and higher standards than TRIPS
requires. Meanwhile, 'pro-development' advocates from civil
society, other UN agencies, and developing countries worked to
counter 'compliance-plus' pressures and defend the use of TRIPS
flexibilities, sometimes with success. Within developing countries,
most governments had little experience of IP laws and deferred
TRIPS implementation to IP offices cut-off from trade politics and
national policymaking, making them more vulnerable to the
TRIPS-plus agenda. In many of the poorest African countries,
regional IP arrangements magnified this effect. For scholars of
international political economy and law, this book is the first
detailed exploration of the links between global IP politics and
the implementation of IP reforms. It exposes how power politics
occur not just within global trade talks but afterwards when
countries implement agreements. The Implementation Game will be of
interest to all those engaged in debates on the global governance
of trade and IP
This book is a highly readable and entertaining account of the
co-evolution of the patent system and the life science industries
since the mid-19th century. The pharmaceutical industries have
their origins in advances in synthetic chemistry and in natural
products research. Both approaches to drug discovery and business
have shaped patent law, as have the lobbying activities of the
firms involved and their supporters in the legal profession. In
turn, patent law has impacted on the life science industries.
Compared to the first edition, which told this story for the first
time, the present edition focuses more on specific businesses,
products and technologies, including Bayer, Pfizer,
GlaxoSmithKline, aspirin, penicillin, monoclonal antibodies and
polymerase chain reaction. Another difference is that this second
edition also looks into the future, addressing new areas such as
systems biology, stem cell research, and synthetic biology, which
promises to enable scientists to invent life forms from scratch.
What is the relationship between creativity, cultural heritage
institutions and copyright? Who owns culture and cultural heritage?
The digital age has expanded the horizon of creative possibilities
for artists and cultural institutions - what is the impact on legal
regimes that were constructed for an analogue world? What are the
tensions between the safeguarding of cultural heritage and the
dissemination of knowledge about culture? Inspired by a three year
research project involving leading European universities, this book
explores the relationship between copyright and intellectual
property, creativity and innovation, and cultural heritage
institutions. Its contributors are scholars from both the
humanities and the social sciences - from cultural studies to law -
as well as cultural practitioners and representatives from cultural
heritage institutions. They all share an interest in the
contribution of intellectual property to the role of cultural
institutions in making culture accessible and encouraging new
creativity.
Succession, Wills and Probate is an ideal textbook for those taking
an undergraduate course in this surprisingly vibrant subject, and
also provides a clear and comprehensive introduction for
professionals. Against an account of the main social and political
themes of succession law, the book gives detailed explanations of
core topics such as alternatives to wills and the making, altering
and revocation of wills. It also explains personal representatives
and how they should deal with a deceased person's estate and
interpret and implement the will. Gifts may fail, estates may be
insolvent or a person may die intestate, without a will at all.
Increasingly relatives and others seek to challenge the will, for
example on the grounds of the testator's capacity or under the law
of family provision. This third edition is edited, updated and
revised to take account of new legislation and case law across all
the relevant issues, including a new final chapter dealing with the
potentially contentious issues that are becoming more central to
professional work in the field of succession.
The editor of this new Routledge collection reminds us that
'property is one of the most unassailable concepts of modern
Western legal systems'. The need for individuals and companies to
be able to control and manipulate property-including, among other
things, rights in land, objects, patents, and copyrights-is
foundational not only to modern economies, but also to our very
identities, our liberties, and our relationships. Indeed, the
secure creation and protection of property is regarded as a
fundamental part of most civilized legal systems and it is even
regarded by many as a necessary and pre-legal facet of human
society itself. But the existence and concept of private property
has always been subject to critique, from the Diggers to Marx and
anarchist movements, to conscientious objectors to intellectual
property, modern land reformers, and campaigners for
decolonization. The nature, justification, distribution, forms, and
meanings of property continue to be hugely controversial,
particularly in a context of diminishing resources, environmental
stress, and an expanding class of owners across the world. Recent
academic theory emphasizes alternatives to mainstream property
thinking, as well as a renewed interest in the commons as an
alternative-in some spheres-to endless private commodification.
Property meets the need for an authoritative reference work to help
researchers and students navigate and make sense of a huge-and
growing-scholarly literature. The collection is made up of four
volumes which bring together the best and most influential
canonical and trailblazing research. Fully indexed and with a
comprehensive introduction newly written by the editor, which
places the collected material in its historical and intellectual
context, Property is an essential reference work, destined to be
valued by scholars and students as a vital research resource.
Taking a global viewpoint, this volume addresses issues arising
from recent developments in the enduring and topical debates over
Genetically Modified Organisms (GMOs) and their relationship to
Intellectual Property (IP). The work examines changing responses to
the growing acceptance and prevalence of GMOs. Drawing together
perspectives from several of the leading international scholars in
this area, the contributions seek to break away from analysis of
safety and regulation and examine the diversity of ways the law and
GMOs have become entangled. This collection presents the start of a
much broader engagement with GMOs and law. As GMO technology
becomes increasingly more complex and embedded in our lives, this
volume will be a useful resource in leading further discussion and
debate about GMOs in academia, in government and among those
working on future policy.
If you license or publish images, this guide is as indispensable as
your camera. It provides specific information on the legal rights
of photographers, illustrators, artists, covering intellectual
property, copyright, and business concerns in an easy-to-read,
accessible manner. The Copyright Zone, Second Edition covers: what
is and isn't copyrightable, copyright registration, fair use, model
releases, contracts and invoices, pricing and negotiation, and much
more. Presented in a fun and easy to digest style, Jack Reznicki
and Ed Greenberg, LLC help explain the need-to-know facts of the
confusing world of legal jargon and technicalities through real
world case studies, personal asides, and the clear writing style
that has made their blog Thecopyrightzone.com and monthly column by
the same name in Photoshop User magazine two industry favorites.
The second edition of this well-reviewed text has almost doubled in
size to ensure that every legal issue you need to know about as a
photographer or artist is covered and enjoyable to learn!
When Carter Bryant began work on what would become the
billion-dollar line of Bratz dolls, he was taking time off from his
job at Mattel where he designed outfits for Barbie. Later, back at
Mattel, he sold his concept for Bratz to rival company MGA. Orly
Lobel reveals the colourful story behind the ensuing decade-long
court battle. This entertaining and provocative work pits MGA
against Mattel, shows how an idea turns into a product and explores
the two different versions of womanhood represented by Barbie and
her rival. Lobel's story is a thought-provoking contribution to the
debate over creativity and intellectual property as American
workers may now be asked to sign contracts granting their employers
the rights to and income from their ideas.
Although much has been written about innovation in the past several
years, not all parts of the innovation lifecycle have been given
the same treatment. This volume focuses on the important first step
of arranging financing for innovation before it is made, and
explores the feedback effect that innovation can have on finance
itself. The book brings together a diverse group of leading
scholars in order to address the financing of innovation. The
chapters address three key areas, intellectual property, venture
capital, and financial engineering in the capital markets, in order
to provide fresh and insightful analyses of current and future
economic developments in financing innovation. Chapters on
intellectual property cover topics including innovation in
law-making, orphan business models, and the use of intellectual
property to protect financial engineering innovations and
developing intellectual property regimes in Brazil, Russia, India,
and China. The book also covers the tax treatment of venture
capital founders, the treatment of preferred stock by the Delaware
Courts, asset-backed lending hedge funds, and corporate governance
for small businesses after the Dodd-Frank financial reform bill.
The book will be of interest to scholars, practitioners, and
students in law, innovation, finance, and business.
In 2015, China and the U.S. were among the top three countries in
terms of the number of international PCT (Patent Cooperation
Treaty) patents filed, together making up 40% of the global share,
reported the World Intellectual Property Organization (WIPO).Not
surprisingly, there is a huge international desire within the
business, legal and technical communities to better understand the
Intellectual Property (IP) practices of these two giants in the
industry. This book, a pioneer in comparing the two countries'
practices side-by-side, does just that.Tao Zhang and Jingui Fang,
respectively from Huawei Device USA and Huawei Technologies in
China (2015's top PCT applicant according to WIPO, with 3,898
published patent applications), provide readers with first-hand
guidance from invention conception to IP monetization, with a
consistent emphasis on quality. Written such that readers can delve
straight into any area of the IP cycle that interests them, the
book also contains useful checklists that highlight best practices
and key lessons learned.Whether you are an individual wanting to
improve a product or process, a patent drafter needing to provide
client satisfactory results, a patent asset manager desiring to
create a bullet proof portfolio, or an IP business executive
wishing to deliver much needed financial results to your company's
bottom line, this book, with its comparative approach, is an
essential read - filled with tips and information to help you
create high quality patents.
There has been much written on the impact of international treaties
like the Trade Related Aspects on Intellectual Property (TRIPS),
which laments the failure of patent systems to respond to the
interests of a diverse set of non-profit, public interest, and
non-corporate entities. This book examines how patent law can
accommodate what James Boyle terms a "politics", that is, "a
conceptual map of issues, a rough working model of costs and
benefits, and a functioning coalition-politics of groups unified by
common interests perceived in apparently diverse situations". A
Politics of Patent Law provides a substantive account of the ways
in which various types of participatory mechanisms currently
operate in patent law, and examines how these participatory
mechanisms can be further developed, particularly within a regional
and international context. In exploring this, Murray highlights the
emergence of constitutional law in international intellectual
property law as being at the centre of the patent bargain and goes
so far as to argue that the constitutional tradition in
intellectual property law is as important as TRIPS. Ultimately, the
book sets forth a "tool-box" of participatory mechanisms which
would allow for, and foster third party participation in the patent
process. This book will be of particular interest to academics,
students and practitioners in the field of IP Law.
Get Critical Insight into the Modern Patenting Scene We are now
living in the "IP Era of the Information Age" where technology
businesses are placing increasing emphasis on intellectual property
(IP) as a way to add to their bottom lines. As a consequence, those
working in a technology business or organization will inevitably be
thrust into working with IP in one or more of its various forms.
This increasing emphasis on IP matters requires technology workers
to have at least a basic practical understanding of IP,
particularly patents, so that they can effectively participate in
their organizations' IP and patenting efforts. Consider a Spherical
Patent: IP and Patenting in Technology Business provides an
unconventional and unvarnished examination of patents and the
reality of how they are used and abused in technology business. The
book starts with an overview of patents and how the patenting
universe has become so complex, and warns of the danger of making
"spherical," simplifying assumptions about patents and
patent-related matters. It then takes a look at the cast of
characters in the modern patenting world and the roles they play at
the "IP Bazaar." The book goes on to explain the increasing
emphasis in today's modern IP world of leveraging patents in large
collections of patents called "portfolios." The author describes
how the fractal nature of innovation allows for the exponential
growth of patents to densely pack an "IP space," including how this
packing can exceed its normal limits and the adverse consequences.
He also explores the evolution and importance of core to
improvement to commercialization patents. A modern view of patents
based on "quantum patent mechanics" explains some of the mysterious
patent-related phenomena that are otherwise inexplicable using
"classical patent mechanics." Using examples of actual patents and
patent portfolios of real technology businesses, the author
discusses how patenting strategies are defined based on "central
organizing principles" behind why patents are being pursued. He
describes the operational realities of running an internal
patenting system as well as how to avoid the prevalent trap of
accepting a high degree of disorder (entropy) in the business's
patenting system. He also takes a close look at other problematic
areas, such as the use and abuse of provisional patent applications
and how "no shame claims" can be issued by the patent office and
the havoc they can create.
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