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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law
A major target of Goal 3 of the Sustainable Development Goals adopted by the United Nations in 2015 is the elimination of 'the epidemics of AIDS, tuberculosis, malaria and neglected tropical diseases' and combating 'hepatitis, water-borne diseases and other communicable diseases'. Intellectual property (IP) has been identified as one of the factors impeding access to affordable medicines in developing countries, especially in relation to the HIV pandemic. This book examines the scope of the existing flexibilities in international IP law for promoting access to medicines. It analyses the factors accounting for the underutilisation of the flexibilities in Africa and the measures that African countries may adopt to address the IP barriers to access to medicines. It explores the regional strategies that Africa can adopt to resolve the tension between IP regimes and access to medicines. It also highlights how trade liberalisation and regional integration can play crucial roles in enhancing the use of TRIPS flexibilities, local pharmaceutical manufacturing and access to medicines in Africa. By adopting qualitative research methods to investigate how African countries may effectively use IP to serve public health purposes through the stratagem of regional integration, this book will be a valuable contribution to the existing literature on IP.
This book is the result of the PhD project I started four years ago at Europa-Kolleg Hamburg. I had the great opportunity to work on it for one year at the European University Institute in Florence and to finalise the oeuvre during my stay with the European Commission's Institute for Prospective Technological Studies in Seville. The subject matter of the book is intellectual property rights, patents in particular, and their process of harmonisation in Europe. At the beginning of the work, the intention was not to focus immediately on one narrow field in the huge realm of intellectual property rights but rather to open my mind in order to capture a broad variety of new ideas and concepts in the book. The work at three different institutes in three different European countries over the period of four years naturally exposed the work to diverging ideas and the exchange of views with many people. This is one reason for the wide spread of topics ordered around the given leitmotif, such as epistemological foundations, political background information, . the protection of biotechnological inventions and the building up process of intellectual property right systems in the countries of Central and Eastern Europe. In chapter two I take up Polanyi's differentiation of codifiable and tacit knowledge. Applying these concepts to my own work I realise that this book is only the visible and codified part of knowledge I was able to capture.
As a result of the Internet, new forms of selling and distributing music have developed that are increasingly replacing the traditional distribution channels. This development is a challenge not only to the music industry but to collecting societies as well. The cooperation between national and international collecting societies is constantly being tested by the growing significance of the Internet. This work examines the development and critically analyzes the past decisions and legal acts taken on the European level.
Headlines about lawsuits and policy battles concerning copyrights and patents burst upon the computer field every week. Programmers, system administrators, graphic designers, and many others in computing realize they need to know more about intellectual property - but the sources of information are too scattered, too arcane, and too hard to read. Even worse, many people spread misinformation or claim to provide answers by applying flawed analogies. This book, written by a programmer and intellectual property attorney, can place the computer field on a firm basis for understanding, applying, and debating key concepts in copyrights, trade secrets, patents, and trademarks. It also places open source movements in the context of current U.S. law.
Talfourd's Copyright Bill was first presented in 1837, and the public and Parliamentary controversy it provoked is reflected in contemporary pamphlets, correspondence, and hundreds of petitions presented to Parliament, as well as in the changing aims of the Bill. This book explores and sets in context the making of the Copyright Act of 1842, using it to illuminate enduring issues and difficulties in the legal concept of intellectual property. A unique feature for legal historians is Appendix II in which Dr. Seville traces the progress of eleven versions of the Bill.
Useful tips and step-by-step guidance from filing to issue to license Acquire and protect your share of this major business asset Want to secure and exploit the intellectual property rights due you or your company? This easy-to-follow guide shows you how -- helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws. Plus, you get detailed examples of each patent application type! Discover how to: Avoid application blundersRegister trademarks and copyrightsMeet patent requirementsNavigate complex legal issuesProtect your rights abroad The entire body of U.S. patent laws Example office actions and amendments Sample forms Trademark registration certificates Application worksheets See the CD appendix for details and complete system requirements. Note: CD-ROM/DVD and other supplementary materials are not included as part of eBook file.
What is the level of convergence between the international investment law framework and the international legal regime regulating intellectual property rights? This discerning book examines the interface between intellectual property and foreign direct investments. Taking a multi-disciplinary approach, the author scrutinizes the circumstances in which, and the extent to which, international investment law's traditional protective standards apply to intellectual property rights investments. After concluding that the TRIPS agreement has shortcomings in this respect, the author analyses intellectual property rights in the context of international investment law in light of traditional standards of protection including the protection against indirect expropriation, the National Treatment Principle, the Most-Favoured Nation clause, fair and equitable treatment, and the prohibition of performance requirements, while emphasizing the importance of transfers of technology within and to developing countries. These explorations contribute to the debates surrounding the fragmentation of international law arising from its expansion and diversification. Scholars, students and practitioners in the field of international investment law, as well as those interested in the protection of intellectual property rights at an international level, will find this book to be a useful and informative read.
Biotechnology is a field that inspires complex legal and ethical debates on an international scale. Taking a fresh approach to the subject, Matthias Herdegen provides a comprehensive assessment of the regulation of biotechnology processes and products from an international and comparative perspective. Herdegen explores how regulatory approaches to controversial issues such as: stem cell research and cloning and gene therapy differ across jurisdictions due to conflicting values and risk perceptions. The book goes on to examine how international regulatory instruments aim to address these conflicting perspectives and provide judgments based on broad international consensus. Chapters explore the interaction between biotechnology and different fields of law including: human rights, intellectual property, trade law and environmental law. In doing so, a number of complex issues are raised such as the need to balance commercial interests with socio-cultural considerations and the need to ensure respect for human dignity in the pursuit of biomedical research. Providing a concise and accessible guide to a complex field of international law, this book will be of great value to those researching the law and regulation of biotechnology, biomedicine and biodiversity both within the EU and on an international scale. The book will also be a useful resource for practicing lawyers as it includes sources from a diverse range of legal systems and analyses relevant decisions by international adjudicatory bodies.
Obwohl Tanz zu den altesten Kunstformen der Welt gehoert, wurde die Choreografie erst im Lauf des 20. Jahrhunderts als eigene Kategorie urheberrechtlich geschutzter Werke in Deutschland, Frankreich und den USA in die jeweiligen Gesetze aufgenommen. Einen besonderen Schwerpunkt in dieser Arbeit bilden die Fragen, welche Schoepfungen fur den Schutz als choreografisches Werk in Betracht kommen und wie sich die Urheberschaft ihrer Schoepfer darstellt (Abgrenzung der Stellung als Miturheber, Urheber verbundener Werke, Bearbeiter und Arbeitnehmerurheber). Die Arbeit beschaftigt sich nicht nur mit der Rechtslage in Deutschland, sondern ziehtfur den Rechtsvergleichauch dieBedingungen inFrankreich unddenUSA heran. Sie wendet sich an Juristen, die mit urheberrechtlichen Fragen choreografischer Werke befasst sind,und kann auchvon Vertretern der Tanzszene genutzt werden und fuhrt in die fur sie relevanten urheberrechtlichen Fragen ein. Es ware begrussenswert, wenn diese Arbeit einen Beitrag zur Akzeptanz choreografischer Werke als Gegenstand urheberrechtlichen Schutzes leisten kann.
Featuring expert contributors from around the world, this book offers insight into the vital theoretical and practical aspects of the economics of copyright. Topics discussed include fair use, performers' rights, copyright and trade, online music streaming, internet piracy, copyright and visual art markets, and open source publishing. In addition to in-depth coverage of these timely topics, the authors also offer insightful predictions and policy recommendations for the future.Each of the self-contained chapters is written by a distinguished expert and is pitched at a level designed to be accessible to advanced undergraduate and postgraduate students in economics and law. As a whole, the book covers all of the topical content that a student of copyright economics should know. Teachers and lecturers will find all the required material to provide a comprehensive overview of the subject in a single volume. For scholars with a legal background, the book will also act as an effective introduction or refresher in the economic theory underlying copyright. Contributors: D.S. Banerjee, W.J. Gordon, P.J.Heald, S.J. Liebowitz, S.E. Margolis, F. Mueller-Langer, E. Rosati, S.F. Schwemer, R. Towse, M. Waldman, R. Watt
Discover practical tools and strategies for helping wealthy families retain and grow wealth In Top Practices Wealthy Families and Their Advisors, accomplished family wealth experts Tom McCullough and Keith Whitaker deliver a comprehensive collection of practical activities that members of wealthy families can undertake to ensure their continued success and development. The book contains over 50 chapters, each highlighting a practical tool, exercise, or activity that can be applied by advisors or family members themselves. Each chapter is written by a recognized expert in the field who has used the highlighted tool, exercise, or activity over many years with great success. The book shows readers how to: Identify the factors that matter the most when it comes to retaining and growing family wealth Plan thoughtfully, invest wisely, and raise the next generation Share their decision making prudently and carefully combine family and business Incorporate charitable giving into an overall wealth strategy and seek sound advice Perfect for family wealth advisors, financial planners, and private bankers, Top Practices for Wealthy Families and Their Advisors is also an indispensable resource for managers of family trusts seeking to protect and advise their clients.
Algorithms permeate our lives in numerous ways, performing tasks that until recently could only be carried out by humans. Artificial Intelligence (AI) technologies, based on machine learning algorithms and big-data-powered systems, can perform sophisticated tasks such as driving cars, analyzing medical data, and evaluating and executing complex financial transactions - often without active human control or supervision. Algorithms also play an important role in determining retail pricing, online advertising, loan qualification, and airport security. In this work, Martin Ebers and Susana Navas bring together a group of scholars and practitioners from across Europe and the US to analyze how this shift from human actors to computers presents both practical and conceptual challenges for legal and regulatory systems. This book should be read by anyone interested in the intersection between computer science and law, how the law can better regulate algorithmic design, and the legal ramifications for citizens whose behavior is increasingly dictated by algorithms.
Boosting Pharmaceutical Innovation In The Post-TRIPS Era investigates the concept of innovation and illustrates the crucial role that patent strategies play within processes of pharmaceutical innovation. Drawing on extensive country and company case studies, it identifies the key issues relevant to the revival of local pharmaceutical industries.Based on an understanding of the post-TRIPS environment and case studies of national innovation strategies, the book specifically addresses an important question - to what extent can lessons from national experiences be transferred to current policy developments for innovation in the pharmaceutical industry in a developing country context? The book sets out a number of recommendations on how this can be achieved. It suggests that it can be done in relation to the key development objectives of promoting the technological and scientific advancement of the country, enhancing local pharmaceutical innovation capacities, adapting patent law to own local realities, providing wide access to medicines and knowledge, safeguarding public health interests, and fostering innovation. Practitioners and policy planners within the pharmaceutical industry will deem this book invaluable as it addresses a number of practical implications for the promotion of the pharmaceutical industry. It will also be of enormous interest to students, researchers and academics specializing in intellectual property law and policy, science and technology, and the management of technology and innovation. Contents: 1. Introduction 2. Innovation 3. Innovation and the Pharmaceutical Industry 4. Looking at the Big Picture: National Innovation System 5. Innovation Country Case Studies 6. A Real Life Company Case Study; TEVA Pharmaceuticals Ltd. and its Distinctive Trajectories 7. Real life lessons for the developing world Bibliography Index
Although many texts attempt to explain intellectual property law to scientists and engineers, they are ineffective because they fail to present the subject within the proper scope; they are either too expansive or too detailed for the needs of researchers and inventors. Instead of giving a mile-high view of all types of intellectual property or, at the other extreme, turning readers into pseudo-patent attorneys, Patent Law for Scientists and Engineers provides researchers and students with an understanding of the aspects of patent law necessary to work with patent professionals and enhance patent coverage. The editor has structured the text so it can be easily integrated into a reader's research routine. Each chapter supports the issues discussed with fact patterns that emphasize the steps necessary to protect patent rights. The book describes actual scenarios encountered by scientists and engineers, highlighting the protection of latent patent rights that may exist within an invention or technical solution.
Launching into a complete analysis of copyright law in our capitalistic and hegemonistic political system. Ronald Bettig uncovers the power of the wealthy few to expand their fortunes through the ownership and manipulation of intellectual property. Beginning with a critical interpretation of copyright history in the United States, Bettig goes on to explore such crucial issues as the videocassette recorder and the control of copyrights, the invention of cable television and the first challenge to the filmed entertainment copyright system, the politics and economics of intellectual property as seen from both the neoclassical economists' and the radical political economists' points of view, and methods of resisting existing laws. Beautifully written and well argued, this book provides a long, clear look at how capitalism and capitalists seize and control culture through the ownership of copyrights, thus perpetuating their own ideologies and economic superiority.
This study examines the law of intellectual property in China from imperial times to the present. It draws on history, politics, economics, sociology, and the arts, and on interviews with officials, business people, lawyers, and perpetrators and victims of 'piracy'. The author asks why the Chinese, with their early bounty of scientific and artistic creations, are only now devising legal protection for such endeavors and why such protection is more rhetoric than reality on the Chinese mainland. In the process, he sheds light on the complex relation between law and political culture in China. The book goes on to examine recent efforts in the People's Republic of China to develop intellectual property law, and uses this example to highlight the broader problems with China's program of law reform.
TRIPS reflects the dominant view that enforcing strong intellectual property rights is necessary to solve problems of trade and development. The global ensemble of authors in this collection ask, how can TRIPS mature further into an institution that supports a view of economic development which incorporates the human rights ethic already at work in the multilateralist geopolitics driving international relations? In particular, how can these human rights, seen as encompassing a whole 'new' set of collective interests such as public health, environment, and nutrition, provide a pragmatic ethic for shaping development policy? Some chapters address these questions by describing recent successes, while others propose projects in which these human rights can provide ethical ground for influencing the forces at play in development policies.This stimulating book will strongly appeal to policy makers, academics, and students seeking to understand how the 'new' human rights can inform efforts to reconfigure intellectual property rights as an engine for fair and just economic development. Contributors: L. Briceno Moraia, J.L. Contreras, L. Dong, G. Ghidini, A. Kur, M. Land, M. Levin, D. Matthews, C.R. McManis, J. Odek, R.J.R. Peritz, H. Rangel-Ortiz, M. Ricolfi
Intellectual Property Rights are subject to a high degree of protection, exploitation and litigation in the modern commercial environment. But what role does morality have to play in these exchanges? That is the question posed and eloquently examined within the contours of this book.Steven Ang builds his idea that the justification for IPRs is bound up with a simultaneous duty to share part of that intellectual resource through public rights of access and a public domain which is facilitated by the moral elements in the various dimensions of IPR. In a globalized world with globalizing IPRs where culturally assumed norms must be re-examined, this work has an urgent and important contribution to make. Taking the main features of internationally mandated IPRs as a starting point it explores the moral commitments they imply and rely on, to identify a framework for further development and reform of IP regimes. The Moral Dimensions of Intellectual Property Rights will strongly appeal to researchers and academics in intellectual property, jurisprudence, policy makers concerned with IP rights, as well as general readers with a concern for the extent, growth and reform of IP rights. Contents: Preface 1. The Idea of the Moral Dimensions of IPRs 2. Moral Terms, Moral Meaning and Morality 3. The Moral Dimension of Justification 4. The Dimension of Design: National Systems 5. International IP Laws and the Moral Dimension of Design 6. The Moral Dimensions of Law: Interpretation and Aims 7. The Moral Dimensions of the Exercise of IPRs 8. The Moral Dimension of Reform of IPRs 9. Conclusions on the Moral Dimensions of IPRs Bibliography Index
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.
In Copy This Book!, Paul J. Heald draws on a vast knowledge of copyright scholarship and a deep sense of irony to explain what's gone wrong with copyright in the twenty-first century. Distilling extensive empirical data to clearly show the implications of copyright laws and doctrine for public welfare, he illustrates his findings with lighthearted references to familiar (and obscure) works and their creators (and sometimes their creators' oddball relations). Among the questions he tackles: How does copyright deter composers from writing new songs? Why are so many famous photographs unprotected orphans, and how does Getty Images get away with licensing them? What can the use of music in movies tell us about the proper length of the copyright term? How do publishers get away with claiming rights in public domain works and extracting unmerited royalties from the public? Heald translates piles of data, complex laws, and mysterious economics, equipping readers with the tools for judging past and future copyright law.
Creativity is at the vanguard of contemporary capitalism, valorised as a form of capital in its own right. It is the centrepiece of the vaunted 'creative economy', the creative industries, and is increasingly a focus of public policy. But what is economic about creativity? How can creative labour become the basis for a distinctive global industry? And how has the solitary artist, a figment of the romantic thought, become the creative entrepreneur of twenty-first century economic imagining? This book offers a fresh approach to this topic within the creative industries through a focus on intellectual property. It follows IP and its associated rights (IPR) through the creative economy, showing how it shapes creative products and configures the economic agency of creative producers. IP helps to manage risk, settle what is valuable, extract revenues, and protect future profits. It is the central mechanism in organising the market for creative goods. Most importantly, it shows that IP/IPR is crucial in the dialectic between symbolic and economic value on which the creative industries depend; IP/IPR hold the creative industries together. This book is based on a detailed empirical study of creative producers in the UK, extending the sociological studies of markets to an analysis of the UK's creative industries. In doing so, it makes an important, empirically grounded contribution to debates around creativity, entrepreneurship, and uncertainty in creative industries, and will be of interest to scholars and policymakers alike.
'The rapid evolution of China from an ''emerging'' to a mature intellectual property jurisdiction has far-reaching implications for the law, policy and practice of IP, and their links with competition and technology law. Produced in the year China rose to fourth rank globally as user of the international patent system, this volume is an invaluable guide for the policymaker, the analyst and the practitioner alike, setting a thorough exposition of the substantive law and its application within a broader policy context, and offering a comprehensive, timely overview of an IP system just at the time it begins to assume central significance on the world stage.' - Antony Taubman, Director, IP Division, WTO'This edited volume offers an excellent comprehensive overview of China's intellectual property and technology laws. The eminent contributors to this volume have played important roles in shaping China's IP system and in tackling the many challenges confronting it. By making their views of the system readily accessible to an English audience, this volume will undoubtedly add to our understanding of the legal protections and challenges facing innovation industries in China.' - Mark Wu, Harvard Law School 'The pioneering studies in this book examine the fundamental role of intellectual property and technology laws as China is moving from ''made in China'' to ''created in China''. This book also helps us to understand about the interplay between China's intellectual property protection system and the potential for transition of China's economy, and provides numerous means to deal with the legislative difficulties in China's innovation-oriented strategy.' - Wu Handong, Zhongnan University of Economics and Law, China Written by some of China's leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of China's Supreme People's Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English. The book initially focuses on recent amendments to the laws of copyright, trademarks, patents, before moving on to discuss unfair competition and trade secrets, and the protection of intellectual property over electronic networks. Other chapters cover the regulation of digital networks and telecommunications; IT and E-commerce; the new antimonopoly law and competition; and China's position on the TRIPS agreement. Of special note is a chapter written by in-house Counsel and the Chairman of the Quality Brands Protection Committee (a coalition of well known multinational brands) reviewing both brand protection and practical enforcement of intellectual property in China. This book will appeal to scholars and postgraduate students in commercial law (especially in IP, trade, competition, and technology), Chinese studies and business, as well as regulators, international agencies and law firms. Management consultancy and accounting firms, banks and investment firms will also find this book invaluable. Contributors: J. Chang, L. Chuntian, G. He, H. Hui, H. Kaizhong, R. Kariyawasam, C. Lixian, M. Pendleton, Z. Ping, K. Qingjiang, X. Shiying, L. Xiaohai, L. Yufeng, H. Young, M. Zhaoping, Z. Zhe, J. Zhipei, L. Zuming
Many narratives of theater history suggest that the 1960s marked the start of a turning away from traditional, script-based, playwright-centric production practices. Literary studies in this period began exploring the concept of the "death of the author" along similar lines. But the author refused to die quietly, and authorship reasserts itself in even revolutionary and avant-garde theaters throughout the latter half of the twentieth century. The model of authorship-valorizing individuality, ownership, and originality-serves to maintain traditional modes of production that reproduce and uphold dominant ideologies even when the products created by those modes of production claim to buck tradition or run counter to cultural currents. This ideology of authorship plays a part in playwrights shutting down productions of their own plays, in the privileging of individual authorship over joint authorship even in collaborative genres, and in the insistence on originality even in performance traditions rooted in a shared repertoire. This tension between the theoretical death of the author and the growth of actual authors' abilities to control access to and even in some cases interpretations of their work exposes the deftness with which dominant ideologies and their attendant modes of production can repurpose the aesthetics of even countercultural or revolutionary movements in theater.
This book is the first of its kind to chart the terrain of contemporary India's many place names. It explores different 'place connections', investigates how places are named and renamed, and looks at the forces that are remaking the future place name map of India. Lucid and accessible, this book explores the bonds between names, places and people through a unique amalgamation of toponomy, history, mythology and political studies within a geographical expression. This volume addresses questions on the status and value of place names, their interpretation and classification. It brings to the fore the connections between place names and the cultural, geographical and historical significations they are associated with. This will be an essential read for scholars and researchers of geography, law, politics, history and sociology, and will also be of interest to policy-makers, administrators and the common reader interested in India.
The revision of the introduction to inheritance law offers among other things up-to-date information on the forthcoming legislative reform of the inheritance law, the law of limitation of claims, decisions from the constitutional court on testamentary freedom ("Hohenzollern") and on the right to a compulsory portion and provides information on inheritance law developments in European law. The commentary on A1922 focuses on the interfaces between inheritance law and company law and legal succession in public law positions. Succession in accordance with the law of life partnerships is also shown under statutory succession. The latest case law on transitional social security regulations is also taken into account in the context of rights to disclaim an estate. The new fees law for the curators of estates is also explained. |
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