Publishing continues to be a major industry worldwide, and this book is designed to assist the thousands of entities that regularly contract into a variety of agreements and need advice in drafting or negotiating the best terms for a deal, or otherwise employing or understanding specific terms used. This book-written and compiled by the in-house counsel of a major publishing house-offers more than 80 forms and templates of all of the major agreements regularly encountered by a publishing company, with strategic commentary on their use.
Topics covered include book publishing, periodical publishing, electronic publishing, litigation/litigation avoidance, e-commerce and permissions/subsidiary rights. Each chapter begins with introductory text setting forth key issues and other insights, and then presents the related forms, which in turn are accompanied by drafting and negotiating tips. An accompanying CD-ROM to the book contains all of the forms in electronic format, which can easily be modified for the customer's use.

The origins of this book lie in the first Oxford Law Colloquium held in St John's College, Oxford, on 12-13 September 1991, organized by the Faculty of Law of the University of Oxford and the Norton Rose M5 Group, a national association of seven major independent law firms. This, it is hoped, will be the first of many such bubble01ces run on a biennial basis. The aim of each conference will be to combine the specialist knowledge of both practising and academic lawyers on a selected subject, enabling the exploration of fundamental concepts, principles, and trends in particular fields of law of mutual interest and importance. The subject of this first conference - Commercial Aspects of Trusts and Fiduciary Obligations - was chosen for its considerable theoretical and practical importance, and the contributors amply demonstrate both the impact of the law of trusts and the law of fiduciaries upon such diverse subjects as company law and insolvency law and the continuing need for further discussion on the relationship between equity and commercial law. Contributors: Sir Peter Gibson, Sir Peter Millett, Paul Finn, Peter Graham, Jack Beatson, D.D. Prentice, Paul L. Davies, Klaus J. Hopt, Roy Goode, Peter Birks, Hamish Anderson, Harry Wiggin, Jeffrey Schoenblum.

This book presents the perspectives of policy-makers and economists on a highly topical subject. Plant breeding patents, the ownership of biological innovation and associated intellectual property rights (IPR) are the subject of increased attention worldwide. They are particularly relevant in the field of agricultural biotechnology, but until recently evoked little policy analysis. IPRs are particularly relevant in the field of agricultural biotechnology. They are issues affecting public and private sector organizations and companies, and are significant for developing as well as developed countries.

Using as a starting point the work of internationally-renowned Australian scholar Sam Ricketson, whose contributions to intellectual property (IP) law and practice have been extensive and richly diverse, this volume examines topical and fundamental issues from across IP law. With authors from the US, UK, Europe, Asia, Australia and New Zealand, the book is structured in four parts, which move across IP regimes, jurisdictions, disciplines and professions, addressing issues that include what exactly is protected by IP regimes; regime differences, overlaps and transplants; copyright authorship and artificial intelligence; internationalization of IP through public and private international law; IP intersections with historical and empirical research, human rights, privacy, personality and cultural identity; IP scholars and universities, and the influence of treatises and textbooks. This work should be read by anyone interested in understanding the central issues in the evolving field of IP law.

This volume tackles a quickly-evolving field of inquiry, mapping the existing discourse as part of a general attempt to place current developments in historical context; at the same time, breaking new ground in taking on novel subjects and pursuing fresh approaches. The term "A.I." is used to refer to a broad range of phenomena, from machine learning and data mining to artificial general intelligence. The recent advent of more sophisticated AI systems, which function with partial or full autonomy and are capable of tasks which require learning and 'intelligence', presents difficult ethical questions, and has drawn concerns from many quarters about individual and societal welfare, democratic decision-making, moral agency, and the prevention of harm. This work ranges from explorations of normative constraints on specific applications of machine learning algorithms today-in everyday medical practice, for instance-to reflections on the (potential) status of AI as a form of consciousness with attendant rights and duties and, more generally still, on the conceptual terms and frameworks necessarily to understand tasks requiring intelligence, whether "human" or "A.I."

Mit der Entstehung der Collage wurde eine Kulturrevolution in Gang gesetzt, die sich heute in vielen einzelnen Verastelungen zeigt und die dazu gefuhrt hat, dass man die Kunst mit anderen Augen sehen muss. Das Urheberrecht hat nach wie vor in vielen Teilen auf diese kulturelle Bewegung nicht reagiert. Dies erkennend, hat es sich die vorliegende Dissertation zum Ziel gesetzt, einzelne urheberrechtliche Problemschwerpunkte am konkreten Beispiel der Collage zu diskutieren. So werden u.a. Fragen nach einem zeitgenoessischen Werkbegriff, nach dem richtigen Umgang mit der erlaubnisfreien Nachschoepfung durch Dritte sowie der Urheberpersoenlichkeitsrechte aufgegriffen. Dabei wird eine grundlegende Betrachtung vorgenommen, deren Grundsatze nicht alleine auf den Umgang mit der Collage beschrankt sind, sondern deren Aussagekraft von zukunftweisender Natur sind. Denn gerade mit Blick auf die zunehmende Technologisierung der Mittel, die es Jedermann erlaubt, unter Zuhilfenahme von vorgefundenem, urheberrechtlich geschutzten Material tatig zu werden, wachsen die angesprochenen Probleme weiter und stellen das Urheberrecht, mehr noch als das heute der Fall ist, vor grosse Herausforderungen und Belastungen.

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.

This conference volume contains lectures, texts and reports on the conference a oeResearch and teaching in the information age - between freedom of access and the incentive to privatisea of the Institute for Media Law and Communication Law and the Modern History Department of the University of Cologne on 21 April 2006 in Cologne.

Exploring the relationship between competition law and technology pools, this book provides general-purpose details of the biotechnology patent pool scheme while discussing historical developments, approaches of the US Department of Justice, Federal Trade Commission, and the European Union Competition Commission via EU regulations. In addition to these regulatory approaches and evolution in concept and theory of technology pools, this book illustrates relationship issues including tying arrangements and essential facility consideration vis-a-vis technology pools. It analyzes the modalities of forming such pools in the area of biotechnology, specifically illustrating that the formation of technology pools is possible and can be safely undertaken, and proposes a viable solution and structure. Patent pools in the biotechnology industry will pave the way towards open collaborative research, reducing patent thickets. Formation of such pools will increase access to various technology and patents otherwise out of bounds, resulting in a reduction of licensing costs and a spur in the development of new solutions. Most importantly, such pools will reduce the frequency of patent toll gates, making the entire spectrum of research interesting from the perspective of researchers as well as investors. This book will be an aid to researchers studying intellectual property, patents, and biotechnology, as well as to interest groups including funding agencies, venture funds, angel investors, and proponents of the open-source movement.

Find out how today's top technology-based companies get the greatest return on their intellectual property, and how you can too.

A total hands-on guide to cutting-edge technology licensing strategies

Russell Parr and Patrick Sullivan, along with a team of distinguished experts working at the frontlines of technology licensing, reveal how today's top technology-based companies are maximizing the value of and return on their intellectual property. They also offer hands-on advice and guidance on how you can do the same in your company. With the help of numerous real-life case studies that demonstrate licensing strategies now used at DuPont, Xerox, Kodak, AlliedSignal, Hewlett-Packard, Dow Chemical, and other industry leaders, they tell you everything you need to know to:

• Determine where technology licensing best fits in your company's overall business strategies
• Establish a successful licensing program tailored to your company's vision and goals
• Create and successfully manage a technology portfolio
• Quickly and easily calculate royalty rates
• Put the lessons learned at top technology-based companies to work in your company

"Technology licensing strategies are now key instruments for accomplishing the corporate visions set forth by future-thinking companies. Look at any corporate mission statement and you will find the seeds of a strategy-based technology licensing program." —Russell Parr and Patrick Sullivan

In today's volatile, hypercompetitive global marketplace, cooperation and the sharing of intellectual property are keys to success. Of course, one of the most valuable forms of intellectual property is technology. More often than not, innovation and increased market penetration are the direct result of combining technologies from a variety of sources. Consequently, many companies have begun to devote more and more of their strategic efforts to discovering the best ways to manage technology so as to maximize value and return. For instance, AT&T has set up an independent business group to manage its intellectual property as a separate profit center, while other companies continue to run licensing through their legal and R&D departments. Which approach makes the most sense for your company, and why? Get the answers to these questions and many others in Technology Licensing.

In this valuable book, Russell Parr and Patrick Sullivan, along with a distinguished team of contributing experts, reveal the licensing strategies now being used at DuPont, Xerox, Hewlett-Packard, Dow Chemical, Kodak, and other top multinational corporations. They also provide practical prescriptions for determining where technology licensing belongs on your organizational chart and for establishing a successful licensing program tailored to your company's vision and goals.

Taking a practical hands-on approach to technology licensing, they tell you what you need to know about:

• Creating and managing technology portfolios
• Types of licenses—with a detailed analysis of the strengths and weaknesses of each in various business contexts
• Successful licensing strategies now used at top technology-based companies
• Royalty rate determination methods
• And more

Drawing upon the expertise of those on the frontlines of technology licensing, Technology Licensing tells you how today's top technology-based firms maximize the value of their intellectual property and how your company can too.

Indications of geographic origin for foodstuffs and manufactures have become an important source of brand value since the beginnings of globalization during the late nineteenth century. In this work, David M. Higgins explores the early nineteenth-century business campaigns to secure national and international protection of geographic brands. He shows how these efforts culminated in the introduction of legal protocols which protect such brands, including, 'Champagne', 'Sheffield', 'Swiss made' watches and 'Made in the USA'. Higgins explores the major themes surrounding these indications, tying in the history of global marketing and the relevant laws on intellectual property. He also questions the effectiveness of European Union policy to promote 'regional' and 'local' foods and why such initiatives brought the EU in conflict with North America, especially the US He extends the study with a reflection on contemporary issues affecting globalization, intellectual property, less developed countries, and supply chains.

Plural Ownership is a thorough and thought-provoking analysis focussing on the principles underlying two areas of property law: concurrent ownership (in particular severance of joint tenancies) and successive ownership, and examines how they shade into each other. Smith first considers the range of rights recognized by the law and the ways in which these rights operate. The book then moves on to survey the regulation of these rights, principally by statute, providing a detailed examination of the Trusts of Land and Appointment of Trustees Act 1996, and exploring the principles behind the Act. He provides an in-depth investigation of this legislation and the ways in which it relates to earlier principles and authorities.

The product of a unique collaboration between academic scholars, legal practitioners, and technology experts, this Handbook is the first of its kind to analyze the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks - namely, contract law. The book's coverage ranges across many areas of smart contracts and electronic or digital platforms to illuminate the impact of new, and often disruptive, technologies on the law. With a mix of scholarly commentary and practical application, chapter authors provide expert insights on the core issues involving the use of smart contracts, concluding that smart contracts cannot supplant contract law and the courts, but leaving open the question of whether there is a need for specialized regulations to prevent abuse. This book should be read by anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.

An informed and sophisticated look at the current debate between gun laws and gun rights in America. Contemporary gun controversies are deeply rooted in our history, yet much of that history is unknown, ignored, or distorted. This is all the more important because a new gun rights movement is pressing to expand the definition of gun rights well beyond the standard set by the Supreme Court in its landmark, controversial Heller ruling from 2008. These activists' efforts have found a receptive audience among a new generation of very conservative federal judges cultivated in part for their professed adherence to the doctrine of constitutional Originalism and fealty to an expansive reading of gun rights. In The Gun Dilemma, Robert J. Spitzer examines this "gun rights 2.0" movement in the light of a host of gun controversies: assault weapons, ammunition magazines, silencers, public gun brandishing and display, and the emergent Second Amendment sanctuary movement. Given the importance of actual gun law history to this debate, Spitzer draws from the historical record to illuminate several contemporary and emergent gun controversies that may well make their way to the Supreme Court. Revealing and illuminating as that history is, he argues that we should not be straitjacketed by that history, but rather informed by it as the nation struggles with how to frame its gun policies. By utilizing novel information sources to explore both gun law history and current debates, The Gun Dilemma provides an informed and sophisticated challenge to the ascendant originalists who appear to be set on enshrining in law a radical libertarian vision of gun rights.

"Edward Burn is the doyen of property and trust lawyers in this country. His masterly texts on land law and equity and trusts have formed the minds of generations of lawyers. Judges, professors and practising lawyers all depend on Burn's crystalline analyses to make sense of the law. In this festschrift, appellate judges, academic lawyers and practitioners, including many of the leading property and equity experts of England, have joined to celebrate Edward Burn's career as a searching writer and brilliant teacher. The essays in the volume cover a wide terrain of topics including: the rationality of English land law; the nature of proprietary estoppel; the essential attributes of trusts and how they can be exported to Civilian systems; the nature of joint trustee liability; the relationship between restitution and equity; the relationship of fiduciary law to trusts; the standard of care in nuisance; the duty of care in will drafting; and form and substance in tax, lease and mortgage law. The book will interest practising lawyers and academics concerned with property, trusts and equity, and commercial law."

This book situates the changing patrimonial rights of illegitimate offspring in Brazil within a system of Luso-Brazilian heirship that operated during the final half century of Portuguese colonial rule. Besides offering the first detailed explanation of how the rules of inheritance applied to people born outside wedlock, the book's focus on illegitimacy and patrimony provides a new perspective for assessing how family formation figured broadly in late colonial Brazil's social evolution. Innovatively integrating legal history with recent research on the post-1750 history of the family in Brazil, the book reveals the significance of customary marriage and consensual cohabitation, clerical concubinage, concealed paternity, and foundling wheels for Latin American social organization. By reformulating the private law of family and inheritance, Portuguese legal nationalism transformed the juridical meaning of bastardy and anticipated the emergence of the "surprise heir," who figured so prominently in imperial Brazil's courtroom dramas and novels.

Susan Sell's book reveals how power in international politics is increasingly exercised by private interests rather than governments. In 1994 the World Trade Organization (WTO) adopted the Agreement in Trade-Related Aspects of Intellectual Property Rights (TRIPS), which dictated to states how they should regulate the protection of intellectual property. This book argues that TRIPS resulted from lobbying by powerful multinational corporations who wished to mould international law to protect their markets.

Focusing on the inheritance rights of people born outside wedlock, this book explores the legal evolution of their rights as Brazil moved from colony to nation. It offers a unique counterpoint to the conventional political history of the Brazilian Empire, which ignores important legal change involving family and inheritance law. The book also provides a new and complementary approach to recent scholarship on the family in nineteenth-century Brazil by using that research as a starting point for examining illegitimacy, marriage, and concubinage from the neglected perspective of legal change. The author's exhaustive study of parliamentary debates reveals how the private sphere of the family acquired fundamental significance in the public discourse of Brazil's imperial legislators. The concluding theme of the book treats the reactionary shift away from liberal reform, the result of the "scandal in the courtroom" that the reform generated.

Intellectual property rights such as patents can reduce access to knowledge in genetics, health, agriculture, education, and information technology, particularly for people in developing countries. Global Intellectual Property Rights shows how the new global rules of intellectual property have been the product of the strategic behavior of multinationals, rather than democratic dialogue. The final section of the book suggests strategies aimed at developing more flexible standard for poor countries, and for keeping knowledge in the intellectual commons.

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.

The work at hand examines the origin and content of the law of music adaptation and assigns it dogmatically to the field of copyright law regulations. It also explores the issue of the barriers GEMA faces in the administration of this law and the law's consequences on the actual use of music.

This is a translation of a 12th century Sanskrit legal text, with the original text. The Dayabhaga was one of the most important texts in the history of Indian law. It is important because the British elevated it to such prominence in their new colony in the early 19th century. This text was taken as the authority on inheritance and significant aspects of family law for the eastern Indian region. The case law and scholarship that surround this text have shaped Indian personal law right up to the present day. Until now, there has been only one very inadequate English translation of this text (now 190 years old) - virtually without reference to the Sanskrit. This new translation will make this crucial text genuinely avaliable to those without Sanskrit for the first time.

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.