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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law
Governing Privacy in Knowledge Commons explores how privacy impacts knowledge production, community formation, and collaborative governance in diverse contexts, ranging from academia and IoT, to social media and mental health. Using nine new case studies and a meta-analysis of previous knowledge commons literature, the book integrates the Governing Knowledge Commons framework with Helen Nissenbaum's Contextual Integrity framework. The multidisciplinary case studies show that personal information is often a key component of the resources created by knowledge commons. Moreover, even when it is not the focus of the commons, personal information governance may require community participation and boundaries. Taken together, the chapters illustrate the importance of exit and voice in constructing and sustaining knowledge commons through appropriate personal information flows. They also shed light on the shortcomings of current notice-and-consent style regulation of social media platforms. This title is also available as Open Access on Cambridge Core.
Universities and public research institutes play a key role in enabling the application of scientific breakthroughs and innovations in the marketplace. Many countries - developed and developing alike - have implemented national strategies to support the application or commercialization of knowledge produced by public research organizations. Universities and public research institutes have introduced practices to support these activities, for instance by including knowledge transfer to promote innovation as a core part of their mission. As a result, a vital question for policymakers is how to improve the efficiency of these knowledge transfer practices to help maximize innovation-driven growth and/or to seek practical solutions to critical societal challenges. This book aims to develop a conceptual framework to evaluate knowledge transfer practices and outcomes; to improve knowledge transfer metrics, surveys and evaluation frameworks; and to generate findings on what works and what does not, and to propose related policy lessons. This book is also available as Open Access.
In Industry Unbound, Ari Ezra Waldman exposes precisely how the tech industry conducts its ongoing crusade to undermine our privacy. With research based on interviews with scores of tech employees and internal documents outlining corporate strategies, Waldman reveals that companies don't just lobby against privacy law; they also manipulate how we think about privacy, how their employees approach their work, and how they weaken the law to make data-extractive products the norm. In contrast to those who claim that privacy law is getting stronger, Waldman shows why recent shifts in privacy law are precisely the kinds of changes that corporations want and how even those who think of themselves as privacy advocates often unwittingly facilitate corporate malfeasance. This powerful account should be read by anyone who wants to understand why privacy laws are not working and how corporations trap us into giving up our personal information.
Designing Disability traces the emergence of an idea and an ideal - physical access for the disabled - through the evolution of the iconic International Symbol of Access (ISA). The book draws on design history, material culture and recent critical disability studies to examine not only the development of a design icon, but also the cultural history surrounding it. Infirmity and illness may be seen as part of human experience, but 'disability' is a social construct, a way of thinking about and responding to a natural human condition. Elizabeth Guffey's highly original and wide-ranging study considers the period both before and after the introduction of the ISA, tracing the design history of the wheelchair, a product which revolutionised the mobility needs of many disabled people from the 1930s onwards. She also examines the rise of 'barrier-free architecture' in the reception of the ISA, and explores how the symbol became widely adopted and even a mark of identity for some, especially within the Disability Rights Movement. Yet despite the social progress which is inextricably linked to the ISA, a growing debate has unfurled around the symbol and its meanings. The most vigorous critiques today have involved guerrilla art, graffiti and studio practice, reflecting new challenges to the relationship between design and disability in the twenty-first century.
Few families are able to pass along their wealth successfully to
the next generation. The barriers to keeping money in the family
are much more formidable than the barriers to making money in the
first place. Why should this be? What pitfalls are most common? How
can families and their advisers increase the odds of a successful
intergenerational transfer of wealth? How can they preserve the
family's human and intellectual capital?
The Conflict of Laws in Intellectual Property (CLIP) Principles address issues of private law for disputes involving intellectual property rights. They were produced by a Max Planck Institute research project, in which the authors of this work were heavily involved. The Principles are intended to provide a model European framework to respond to the increasing need for guidance on the applicable law. They represent a significant body of work which will help to inform developing practice on applicable law and conflict throughout the field. This new work presents the Principles, alongside article-by-article commentary and notes, which analyse thoroughly the context of the rule within the Principles, as well as within the existing legal solutions at the national, European and international level. It also explores the policy considerations underlying the rule, enabling a better understanding of why the Principles adopt the solutions laid out in the rules. Useful references are provided to the relevant legal provisions and cases dealing with the respective issues of intellectual property and private international law.
The survey and the transference are the distinctive and operative acts in the transmission of real property and, where they differ from each other, one must of necessity control the other. This book addresses the aforementioned concepts by external explanations in order to understand the discrepancies between them. It also helps to avoid expensive and wasteful litigation over boundaries that were previously not in conflict. The text offers an extensive review of the law for boundary retracement and cites numerous case examples.
Offering proof-of-concept (POC) to inventors is often a difficult task for most Technology Transfer Offices (TTOs). Through an in-depth analysis of 15 years of IP portfolio management by Oxford University Innovation (OUI), this book identifies the salient aspects of the technology transfer evolution and the role that technology transfer managers (TTMs) play in closing the gap between academia and business. Innovation Finance and Technology Transfer: Funding Proof of Concept seeks to prove that a well-managed POC Fund can achieve positive financial results and that the chances for an IP portfolio management to be "in the money" increases if the TTO is attached to an entrepreneurial University. This work illustrates how innovation based on Intellectual Property Rights protected and managed by a highly-skilled group of technology transfer managers succeeds in technology transfer. It offers a vademecum to practitioners to follow a step by step best practice procedure embraced by the Oxford TTO to manage the POC investment process. This book is valuable reading for intellectual property scholars, business school students, social sciences researchers, investment professionals and technology transfer practitioners, as well as those working in innovation think tanks and policy circles.
In a path-breaking work, Tanya Aplin and Lionel Bently make the case that the quotation exception in Article 10 of the Berne Convention constitutes a global, mandatory, fair use provision. It is global, they argue, because of the reach of Berne qua Berne and qua TRIPS, and its mandatory nature is apparent from the clear language of Article 10 and its travaux. It relates to 'use' that is not limited by type of work, type of act, or purpose and it is 'fair' use because the work must be made available to the public, with attribution, and the use must be proportionate and consistent with fair practice. By explaining the contours of global, mandatory fair use - and thus displacing the 'three-step test' as the dominant, international copyright norm governing copyright exceptions - this book creates new insights into how national exceptions should be framed and interpreted.
This volume presents new research in artificial intelligence (AI) and Law with special reference to criminal justice. It brings together leading international experts including computer scientists, lawyers, judges and cyber-psychologists. The book examines some of the core problems that technology raises for criminal law ranging from privacy and data protection, to cyber-warfare, through to the theft of virtual property. Focusing on the West and China, the work considers the issue of AI and the Law in a comparative context presenting the research from a cross-jurisdictional and cross-disciplinary approach. As China becomes a global leader in AI and technology, the book provides an essential in-depth understanding of domestic laws in both Western jurisdictions and China on criminal liability for cybercrime. As such, it will be a valuable resource for academics and researchers working in the areas of AI, technology and criminal justice.
With the rise of internet marketing and e-commerce around the world, international and cross-border conflicts in trademark and unfair competition law have become increasingly important. In this groundbreaking work, Tim Dornis - who, in addition to his scholarly pursuits, has worked as an attorney, a public prosecutor, and a judge, giving him experience in both civil and common-law jurisdictions - presents the historical-comparative, doctrinal, and economic aspects of trademark and unfair competition conflicts law. The book should be read by any scholar or practitioner interested in the international aspects of intellectual property generally, and trademark and unfair competition law specifically. This title is available as Open Access.
Few legal institutions developed solely under the Roman Empire, but there is one which can provide a rare illustration of the emperors' involvement in building private law: although Roman law did not recognize a `trust' in the same sense as it is used in common law today, it did develop a device - the fideicommissum - which achieved very similar ends. It has remained largely ignored, and yet it is an ideal case study in the evolution of law. As the most versatile institution of Roman inheritance law, it crucially affected the strategies of succession open to testators, and gives insights into a social history of testators' ambitions and legislative concerns. Over six centuries the trust expanded at the expense of established legal institutions, and with Justinian's reforms it finally became dominant. This book studies the history of the trust and its rise to prominence, with reference to the possible influence of the Roman `fideicommissum'.
A brand is more than a snazzy logo - but what else is there to consider when building a brand? Do you really need a brand for business success? And what has intellectual property got to do with anything? A strong, authentic brand is what makes your business stand out from the crowd - and what drives long term success. But the branding industry can be an overwhelming minefield, full of conflicting advice and multiple disciplines - so how do you navigate your way through the process? That's where Brand Tuned comes in. With the step-by-step TUNED methodology, you will: * define your brand to drive the business forward and help it stand out * know what brand promise will attract your ideal client * pick a name that will put you "front of mind" * ensure that the design elements you choose are distinctive and 'ownable' * train your team to live the brand. Drawing from evidence-based research, interviews with experts, and years of experience supporting businesses, Brand Tuned is the first branding guide written by an intellectual property lawyer who specialises in trademarks and brands. By incorporating the principles of intellectual property law right from the start of the process, branding expert Shireen Smith will show you how to create and build the brand that is right for you and your business - while avoiding the potential pitfalls. Shireen Smith is an intellectual property lawyer specialising in trademarks and brands, with years of experience in marketing small businesses. Her TUNED framework is designed to guide you to create a brand that attracts sales for the long term.
In Digital Data Collection and Information Privacy Law, Mark Burdon argues for the reformulation of information privacy law to regulate new power consequences of ubiquitous data collection. Examining developing business models, based on collections of sensor data - with a focus on the 'smart home' - Burdon demonstrates the challenges that are arising for information privacy's control-model and its application of principled protections of personal information exchange. By reformulating information privacy's primary role of individual control as an interrupter of modulated power, Burdon provides a foundation for future law reform and calls for stronger information privacy law protections. This book should be read by anyone interested in the role of privacy in a world of ubiquitous and pervasive data collection.
Non-Commercial digital piracy has seen an unprecedented rise in the wake of the digital revolution; with wide-scale downloading and sharing of copyrighted media online, often committed by otherwise law-abiding citizens. Bringing together perspectives from criminology, psychology, business, and adopting a morally neutral stance, this book offers a holistic overview of this growing phenomenon. It considers its cultural, commercial, and legal aspects, and brings together international research on a range of topics, such as copyright infringement, intellectual property, music publishing, movie piracy, and changes in consumer behaviour. This book offers a new perspective to the growing literature on cybercrime and digital security. This multi-disciplinary book is the first to bring together international research on digital piracy and will be key reading for researchers in the fields of criminology, psychology, law and business.
IP law has evolved from being a little pool to a big ocean. Corporate governance needs to respond to society's rising expectations of directors and boards as the impact of the global intellectual property ecosystem is felt. How can a responsible corporate culture of IP transparency be stimulated to create a rosy future to connect corporate communication with the desires of shareholders, investors and other stakeholders? The astonishing lack of material quantitative and qualitative information companies report about their IP assets makes it difficult for shareholders and other stakeholders to assess directors' stewardship of those assets - a pressing corporate governance issue in the 21st century. This book advances IP reporting in alignment with the key corporate governance principles of transparency and disclosure. It analyses the juncture between the IP ecosystem; corporate finance and accounting for intangibles; and corporate governance. Patents, mini-case studies and an original business triage style model for assessing IP disclosures are used to illustrate the gaps corporate governance theory needs to address. Focussing on the common law tradition of corporate governance in England and Wales, intangibles and IP reporting developments in other jurisdictions are also explored.
This book provides insights into the intellectual property rights (IPR) managerial practices of key IPR executives from a range of multinational companies, including major research and development firms. It identifies gaps in IPR management and considers the Tabular Application Development (TAD) methodology IPR process optimisation model. The authors adopt an interdisciplinary approach, providing a conceptual framework derived from practice and enriched with theoretical insights, and offering organisational recommendations. In taking into account both Back and Front office processes, Towards Intellectual Property Rights Management will help businesses navigate the maze of IPR and maximise the value they get from innovation.
This volume features four chapters addressing the current issues facing intellectual property, innovation and development policy in Brazil. Each chapter is authored by legal scholars affiliated to the Fundacao Getulio Vargas law schools in Sao Paolo and Rio de Janeiro. Each chapter examines a policy area that significantly impacts access to knowledge in Brazil. These include: exceptions and limitations to copyright, free software and open business models, patent reform and access to medicines, and open innovation in the biotechnology sector. Lea Shaver is an Associate Research Scholar and Lecturer in Law at Yale Law School. This volume features four chapters addressing the current issues facing intellectual property, innovation and development policy in Brazil. Each chapter is authored by legal scholars affiliated to the Fundacao Getulio Vargas law schools in Sao Paolo and Rio de Janeiro. Each chapter examines a policy area that significantly impacts access to knowledge in Brazil. These include: exceptions and limitations to copyright, free software and open business models, patent reform and access to medicines, and open innovation in the biotechnology sector. "Brazil is one of the world's most productive crucibles for new ideas and practices in innovation and collaboration. This meticulously researched book provides a sweeping tour of the issues arising form that leadership."--Jonathan Zittrain, Harvard Law School "Brazil is one of the world's most productive crucibles for new
ideas and practices in innovation and collaboration. This
meticulously researched book provides a sweeping tour of the issues
arising form that leadership."--Jonathan Zittrain, Harvard Law
School
I've long known that musicians understand copyright law as little as copyright lawyers understand music, but this book shows brilliantly that such mutual ignorance is deeply rooted in historical, philosophical and practical arguments about music making. In persuading both musicologists and legal theorists to address issues of authorship, creativity, property and performance, Andreas Rahmatian has put together a collection that is essential reading for anyone concerned with the uneasy relationship of music and law. This is a sophisticated, instructive and stimulating book.' - Simon Frith, University of Edinburgh, UK'Rahmatian's edited collection in ''Concepts of Music and Copyright' is provoking and revelatory. It is an elegant colloquy between four musicologists and four lawyers. The resultant discourse reveals a rich seam of amazing stories and judicial decisions on authorship, creativity and the law in the sphere of musical composition and performance. The book is not only for music scholars and copyright lawyers, but is ideal for any scholar who professes to enjoy socio-legal philosophy, music lore, or the history of ideas. Needless to add, it is a must-have for copyright judges.' - Uma Suthersanen, University of London, UK 'This collection considers the blurred lines between copyright law and music - from early musicology to the Golden Age of MTV and the rise of YouTube and mash-ups. It explores key concepts such as copyright works, subject matter, authorship, originality, copyright infringement, safe harbours, and takedown notices. This collection also examines the clash between legal theories of music, and perceptions of copyright law in musical communities.' - Matthew Rimmer, Queensland University of Technology (QUT), Australia Copyright specialists have often focused on the exploitation of copyright of music and on infringement, but not on the question of how copyright conceptualises music. This highly topical volume brings together specialists in music, musicology and copyright law, providing a genuinely interdisciplinary research approach. It compares and contrasts the concepts of copyright law with those of music and musical performance. Several tensions emerge between the ideas of music as a living art and of the musical work as a basis for copyright protection. The expert contributors discuss the notions of the musical work, performance, originality, authorship in music and in copyright, and co-ownership from the disciplinary perspectives of music, musicology and copyright law. The book also examines the role of the Musicians' Union in the evolution of performers' rights in UK copyright law, and, in an empirical study, the transaction costs theory for notice-and-takedown regimes in relation to songs uploaded on YouTube. This unique study offers an interdisciplinary perspective for academics, policymakers and legal practitioners seeking a state-of-the-art understanding of music and copyright law. Contributors: J. Butt, M. Parker Dixon, A. Firth, P.J. Heald, B. Heile, A. Rahmatian, C. Waelde, J. Williamson
This timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation. Featuring contributions from top international scholars in the field, chapters explain the variety of property rights found in most legal systems and how these develop in relation to social needs and available resources. The book discusses the current transition of property from mainly physical objects to intangible values in the form of, for example, intellectual property rights, and the impacts this is having on the law, democracy and free speech. Other prominent issues tackled by the book include the organisation of registries for property rights, models for managing public property and the influence of new property forms on family and inheritance law. An essential read for scholars and students of property law, including intellectual property, the book will also be of interest to those working in family law, law and technology and commercial law whose research intersects with property rights.
Central American countries have long defined health as a human
right. But in recent years regional trade agreements have ushered
in aggressive intellectual property reforms, undermining this
conception. Questions of IP and health provisions are pivotal to
both human rights advocacy and "free" trade policy, and as this
book chronicles, complex political battles have developed across
the region.
Central American countries have long defined health as a human
right. But in recent years regional trade agreements have ushered
in aggressive intellectual property reforms, undermining this
conception. Questions of IP and health provisions are pivotal to
both human rights advocacy and "free" trade policy, and as this
book chronicles, complex political battles have developed across
the region.
Digital Pirates examines the unauthorized creation, distribution, and consumption of movies and music in Brazil. Alexander Sebastian Dent offers a new definition of piracy as indispensable to current capitalism alongside increasing global enforcement of intellectual property (IP). Complex and capricious laws might prohibit it, but piracy remains a core activity of the twenty-first century. Combining the tools of linguistic and cultural anthropology with models from media studies and political economy, Digital Pirates reveals how the dynamics of IP and piracy serve as strategies for managing the gaps between texts-in this case, digital content. Dent's analysis includes his fieldwork in and around Sao Paulo with pirates, musicians, filmmakers, police, salesmen, technicians, policymakers, politicians, activists, and consumers. Rather than argue for rigid positions, he suggests that Brazilians are pulled in multiple directions according to the injunctions of international governance, localized pleasure, magical consumption, and economic efficiency. Through its novel theorization of "digital textuality," this book offers crucial insights into the qualities of today's mediascape as well as the particularized political and cultural norms that govern it. The book also shows how twenty-first century capitalism generates piracy and its enforcement simultaneously, while producing fraught consumer experiences in Latin America and beyond.
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.
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