This work considers the issue of whether the publisher has sufficient legal protection in regard to services rendered in comparison to other intellectual property rights holders. Based on the example of the publisher inter alia, this work offers approaches to promote the further development of the German intellectual property rights in respect to non-creative services.

Written in a fresh and lively style and supported by a strong analytical framework, the eighth edition of Pearce & Stevens' Trusts and Equitable Obligations continues to provide students with a relevant and exciting examination of a subject that can seem remote and difficult. The authors take a modern and conceptual approach to the wide array of topics covered in undergraduate equity and trusts modules, helping students explore the many ways in which trusts impact on everyday life, and in the world of finance and commerce. The text is accessible without compromising detailed critical comment, and engages with key issues such as the protection of privacy, enforcing informal promises, trusts and the family home, and assessing public interest in charities. Digital formats and resources The eighth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. * The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks * The online resources include: flashcards of key terms; bi-annual updates on the latest key developments in equity and trusts; and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning. For lecturers, the site provides a test bank of mulitple choice questions and PowerPoint slides tp use in teaching.

Several Member States of the European Union have concluded treaties and conventions with Third States dealing with questions of succession law in cross-border matters. Some of these treaties originate from the beginning of the 20th century and are outdated. The European legislator, however, cannot supersede these treaties and conventions unilaterally with its regulations, in fact they enjoy priority over the European Succession Regulation. The harmonizing effect of European private international law is hence endangered, the more so, as these treaties and conventions often cover large groups of third State nationals in the respective Member State. This book analyzes the background, scope and practical impact of bilateral treaties and multilateral conventions concluded by selected Member States of the European Union with third States, both from the European and the third State perspective. It evaluates the impact of these treaties and conventions on the functioning of the European Succession Regulation and the possibilities to facilitate the interplay between these instruments and European private international law.

This is the new edition of the leading work on the law and practice of auctions. The book looks at every aspect of auction practice from the economics of auction sales and restrictions on trading to criminal and other liabilities of the auctioneer. There is also a chapter on VAT. There have been important recent developments in the field of consumer protection and the book has been substantially revised to reflect these. In addition to general updating the new edition considers the practice of online auctions for the first time. There is also a section on looted art . The book continues to draw on case law from other common law jurisdictions.

The Color of Creatorship examines how copyright, trademark, and patent discourses work together to form American ideals around race, citizenship, and property. Working through key moments in intellectual property history since 1790, Anjali Vats reveals that even as they have seemingly evolved, American understandings of who is a creator and who is an infringer have remained remarkably racially conservative and consistent over time. Vats examines archival, legal, political, and popular culture texts to demonstrate how intellectual properties developed alongside definitions of the "good citizen," "bad citizen," and intellectual labor in racialized ways. Offering readers a theory of critical race intellectual property, Vats historicizes the figure of the citizen-creator, the white male maker who was incorporated into the national ideology as a key contributor to the nation's moral and economic development. She also traces the emergence of racial panics around infringement, arguing that the post-racial creator exists in opposition to the figure of the hyper-racial infringer, a national enemy who is the opposite of the hardworking, innovative American creator. The Color of Creatorship contributes to a rapidly-developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.

Since its emergence, big data has brought us new forms of energy, technology and means of organization which will generate greater values by crossover, integration, openness and sharing of data. Nevertheless, risks caused by open access and the flow of data also bring us enormous challenges to privacy, business secrets and social and national securities. This raises people's awareness on data sharing, privacy protection and social justice, and becomes a significant governance problem in the world. In order to solve these problems, Data Rights Law 1.0 is innovative in that it proposes a new concept of the "data person". It defines "data rights" as the rights derived from the "data person" and "data rights system" as the order based on "data rights". "Data rights law" is the legal normative formed out of the "data rights system". In this way, the book constructs a legal framework of "data rights-data rights system-data rights law". If data is considered as basic rights, on which new order and laws are to be built, it will bring brand new and profound meaning to future human life.

Intellectual Property Branding in the Developing World identifies success stories in the areas of intellectual property (IP) and branding for non-technological innovation in the developing world. The author examines the relationship between IP, branding and innovation to demonstrate that innovation, in general, and non-technological innovation, in particular, must go hand in hand with branding. Branding of non-technological innovations should be a good strategic tool to be used by countries in the developing world mainly in the areas where they have competitive advantages. This book will assist scholars and academics dealing with innovation, branding, and IP issues, providing context and guidance to policymakers from the developing world. It is also relevant to researchers and students in the fields of intellectual property law, commercial law, international law, management, and innovation.

Estate and Trust Administration For Dummies, 2nd Edition (9781119543879) was previously published as Estate and Trust Administration For Dummies, 2nd Edition (9781118412251). While this version features a new Dummies cover and design, the content is the same as the prior release and should not be considered a new or updated product. Your plain-English guide to administering an estate and/or trust As more and more of the population reach senior ages--including baby boomers, many of whom do not have wills--an increasing number of people are being thrust into the role of executor, administrator, personal representative of an estate, or trustee of a trust after the death of a loved one. This updated edition of Estate & Trust Administration For Dummies guides you through the confusing process of administering an estate and/or trust. Settling an estate and administering a trust can be complicated, messy, and time-consuming for individuals named as executor or trustee, most of whom have no previous experience with such matters. Estate & Trust Administration For Dummies shows you how to make sound decisions for your unique circumstances. Guides you through the confusing process of administering an estate and/or trust Provides expert advice on unfamiliar estate and trust tax law Gives you a practical checklist to follow for all of your estate and trust administration questions and concerns Whether you're looking for guidance on how to navigate the probate process and estate taxes, settle debts and bequests, fund a trust, comply with tax regulations, or anything in between, this hands-on, friendly guide takes away the mystery and provides detailed answers to all of your estate and trust administration questions.

Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it. Volume 1 explores the the role that economic incentives play in promoting innovation and creativity. It also examines the analogy between intellectual property and tangible property, the economics of intellectual property institutions, and the interplay of intellectual property, development, and international trade. Volume 2 explores analytical methods used to study intellectual property law. The chapters survey data sources, the use of patent citation data, patent valuation, empirical studies of intellectual property modalities (patent, copyright, trademark, and trade secrets) and institutions, the impacts of technological change on technology and content industries, the use of experimental methods, economic history research, political economy, and knowledge commons research.

A new edition of the trusted book on intellectual property Intellectual Property simplifies the process of attaching a dollar amount to intellectual property and intangible assets, be it for licensing, mergers and acquisitions, loan collateral, investment purposes, and determining infringement damages. Written by Russell L. Parr, an expert in the valuation/intellectual property field, this book comprehensively addresses IP Valuation, the Exploitation Strategies of Licensing and Joint Ventures, and determination of Infringement Damages. The author explains commonly used strategies for determining the value of intellectual property, as well as methods used to set royalty rates based on investment rates of returns. This book examines the business economics of strategies involving intellectual property licensing and joint ventures, provides analytical models that can be used to determine reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements. Key concepts in this book are brought to life by presenting real-world examples of exploitation strategies being used by major corporations. Provides practical tools for and examines the business economics for determining the value intellectual property in licensing and joint venture decisions Presents analytical models for determining reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements Provides a detailed discussion about determining intellectual property infringement damages focusing on lost profits and reasonable royalties.

The problem of online infringement is real. It is substantial, and it causes a drain on our economy and it costs American jobs. Copyright piracy and the sale of counterfeit goods are reported to cost the American economy billions of dollars a year, thousands of lost jobs. This book includes the testimony of a range of witnesses that testify about how we can make some progress in the fight again online infringement and also the sale of counterfeit goods.

The Core Text Series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. The Law of Trusts provides a concise, yet academically rigorous, textbook that skilfully engages with both controversial and complex issues within the subject. James Penner offers perceptive analysis and original and thought-provoking commentary to give students an excellent grounding in what is considered to be a challenging subject. Drawing on a variety of learning features, including summaries of key issues discussed in each chapter, must-read cases, assessment questions, and carefully selected further reading, this approachable and thorough textbook equips students with the tools they need to engage critically with the subject. Digital formats and resources The twelfth edition is avilable for students and institutions to purchase in a variety of formats, and is supported by online resources. * The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks * The online resources include: bi-annual updates on the latest key developments in equity & trusts, and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.

Münsterberg's work on the emerging art of cinema remains a key document for film scholars, but it has long been out of print. In this new edition, Allan Langdale provides a critical introduction to the seminal text and collects numerous hard-to-find writings on film by Münsterberg.

Economic growth has traditionally been attributed to the increase in national production arising from technological innovation. Using a panel of seventy-nine countries bridging the North-South divide, Patent Intensity and Economic Growth is an important empirical study on the uncertain relationship between patents and economic growth. It considers the impact of one-size-fits-all patent policies on developing countries and their innovation-based economic growth, including those policies originating from the World Intellectual Property Organization, the World Trade Organization and the World Health Organization, as well as initiatives derived from the TRIPS Agreement and the Washington Consensus. This book argues against patent harmonization across countries and provides an analytical framework for country group coalitioning on policy at UN level. It will appeal to scholars and students of patent law, national and international policy makers, venture capitalist investors, and research and development managers, as well as researchers in intellectual property, innovation and economic growth.

Media literacy educators rely on the ability to make use of copyrighted materials from mass media, digital media and popular culture for both analysis and production activities. Whether they work in higher education, elementary and secondary schools, or in informal learning settings in libraries, community and non-profit organizations, educators know that the practice of media literacy depends on a robust interpretation of copyright and fair use. With chapters written by leading scholars and practitioners from the fields of media studies, education, writing and rhetoric, law and society, library and information studies, and the digital humanities, this companion provides a scholarly and professional context for understanding the ways in which new conceptualizations of copyright and fair use are shaping the pedagogical practices of media literacy.

This book combines extracts from major cases and secondary materials with critical commentary to provide a complete resource for undergraduate and postgraduate students of intellectual property law. All areas of intellectual property law in the UK are covered: copyright, trade marks and passing off, confidential information, industrial designs, patent, procedure and enforcement. This book also tackles topical areas, such as the application of intellectual property law to new technologies and character merchandising. While the focus of the book is on intellectual property law in a domestic context, it provides international, EU and comparative law perspectives on major issues. It also addresses the wider policy implications of legislative and judicial developments in the area.

The free exchange of microbial genetic information is an established public good, facilitating research on medicines, agriculture, and climate change. However, over the past quarter-century, access to genetic resources has been hindered by intellectual property claims from developed countries under the World Trade Organization's TRIPS Agreement (1994) and by claims of sovereign rights from developing countries under the Convention on Biological Diversity (CBD) (1992). In this volume, the authors examine the scientific community's responses to these obstacles and advise policymakers on how to harness provisions of the Nagoya Protocol (2010) that allow multilateral measures to support research. By pooling microbial materials, data, and literature in a carefully designed transnational e-infrastructure, the scientific community can facilitate access to essential research assets while simultaneously reinforcing the open access movement. The original empirical surveys of responses to the CBD included here provide a valuable addition to the literature on governing scientific knowledge commons.

Advertising is everywhere. By some estimates, the average American is exposed to over 3,000 advertisements each day. Whether we realize it or not, "adcreep"-modern marketing's march to create a world where advertising can be expected anywhere and anytime-has come, transforming not just our purchasing decisions, but our relationships, our sense of self, and the way we navigate all spaces, public and private. Adcreep journeys through the curious and sometimes troubling world of modern advertising. Mark Bartholomew exposes an array of marketing techniques that might seem like the stuff of science fiction: neuromarketing, biometric scans, automated online spies, and facial recognition technology, all enlisted to study and stimulate consumer desire. This marriage of advertising and technology has consequences. Businesses wield rich and portable records of consumer preference, delivering advertising tailored to your own idiosyncratic thought processes. They mask their role by using social media to mobilize others, from celebrities to your own relatives, to convey their messages. Guerrilla marketers turn every space into a potential site for a commercial come-on or clandestine market research. Advertisers now know you on a deeper, more intimate level, dramatically tilting the historical balance of power between advertiser and audience. In this world of ubiquitous commercial appeals, consumers and policymakers are numbed to advertising's growing presence. Drawing on a variety of sources, including psychological experiments, marketing texts, communications theory, and historical examples, Bartholomew reveals the consequences of life in a world of non-stop selling. Adcreep mounts a damning critique of the modern American legal system's failure to stem the flow of invasive advertising into our homes, parks, schools, and digital lives.

This book is about how the legal profession has been and will be revolutionized by technological change. Katsh examines the nature of the new technologies for communication and provides insights into what the legal future will look like. Throughout, he considers what kinds of law-related interactions are becoming possible in the new electronic era, and how legal interactions (e.g. contracts, copyright) are being changed.

Even as globalization seems to be in retreat in political circles, the march of commercialization and markets continues. Government policies, whether tariffs, exits, or walls, cannot impede the competitive drive to meet consumer demand for products and services, whether within national boundaries or across them. In the sphere of intellectual property rights, the doctrine of exhaustion serves to limit the rights of intellectual property owners after a specific exercise of some or all of the rights. This volume provides an assessment of the successes and failures of the exhaustion doctrine as it has been applied through recent judicial decisions in the United States and the European Union. Irene Calboli and Shubha Ghosh explore how evolving interpretations of the exhaustion doctrine affects the large trade in gray market products and other international trade issues. A comparative approach to exhaustion, Exhausting Intellectual Property Rights offers a unique discussion of the often overlooked issue of overlapping rights.

In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased desire to minimize the cost and delay of hostile trust litigation, but courts and legislatures from around the world have begun to demonstrate an increased willingness to allow these sorts of disputes to go to arbitration. Indeed, legislation allowing internal trust arbitration now exists in a number of jurisdictions, while courts in other countries have begun to allow mandatory arbitration of these types of disputes even in the absence of subject-specific statutes. This book discusses recent and anticipated developments concerning trust arbitration in a variety of domestic and cross-border settings. In so doing, the text not only provides necessary information about the special nature of national and international trust arbitration, it also bridges the gap between trust law and arbitration law by bringing together authors with expertise in both fields. Furthermore, this book is the first to provide detailed and critical analysis of various institutional initiatives in the area of trust arbitration (including measures proposed by the American Arbitration Association, the American College of Trust and Estate Counsel, the English Trust Law Committee, and the International Chamber of Commerce) and to offer in-depth coverage of various national, international, and comparative issues, including the applicability of the New York Convention and the Hague Trust Convention to internal trust arbitration. As a result, this book is a must-have for specialists in both trust law and arbitration law.

Congress has shown significant interest in altering the current patent system in response to concerns about entities that engage in patent litigation tactics that have been criticized as abusive or deceptive. Many congressional hearings on the topic of patent litigation abuse have been held in the 114th and 113th Congresses, and several legislative proposals have been introduced; one bill in the 113th Congress, H.R. 3309, the Innovation Act, was passed by the House in December 2013. In June 2015, the House Judiciary Committee approved the Innovation Act (H.R. 9) by a vote of 24 to 8, and the Senate Judiciary Committee passed the PATENT Act (S. 1137) by a vote of 16 to 4; both bills are awaiting floor action. This book describes how the major provisions of current patent litigation reform legislation, with a particular focus on these two bills that have seen the most legislative activity, would change existing patent law to address the perceived problems in the patent litigation system.

A considered balance of depth, detail, context, and critique, Equity & Trusts Law Directions offers the most student-friendly guide to the subject; empowering students to evaluate the law, understand its practical application, and approach assessments with confidence. * Gain a complete understanding of the topic: we won't overload or leave your students short, just the right amount of detail conveyed clearly * Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear * Identify when and how to evaluate the law critically: we'll introduce the key areas of debate and give your students the confidence to question the law * Direct and consolidate their knowledge: visually engaging learning and self-testing features aid understanding and help students tackle assessments with confidence * Elevate their learning: with the ground-work in place you can aspire to take learning to the next level, the authors provide direction on going further Digital formats and resources The seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. * The e-book offers a mobile experience and convenient access along with functionality tools, navigation features * Three video lectures presented by Gary Watt introduce key areas of debate within the subject * General guidance on answering essay questions and problem scenarios * Sample essay questions and problem scenarios, along with answer guidance * Web links to further primary sources and commentary to aid understanding * Flashcard glossary to help test knowledge of key terms * Self-test questions per chapter with instance feedback

Intellectual property is at the centre of the "new economy". New economy products are characterised by declining average costs over a range of output, high rates of innovation, and network effects. The return deriving from IPRs is directly correlated to the duration as well as the scope of those rights. The center of IP rights has moved further and further upstream over the past century, to the point of now protecting living organisms, basic research tools, and procedural methods as well as mathematical algorithms and databases. Globalisation and the exploitation of ICT open up opportunities for promoting democracy and wealth in poorer countries. Efficiency-seeking FDI increases competitiveness and the trademark of the competition law is the protection of those principles and practices which facilitate the efficient functioning of markets. Capital flows, in particular FDI, are one of the crucial components of globalisation and international integration. FDIs capitulate more benefits than other types of financial flows in addition to increasing domestic capital stock. This book describes in detail the law and economics of IPRs.

The United States, Germany, and Japan constitute the three most significant patent systems, but there is considerable variation in procedure and jurisprudence between them. A comparison of these systems for patent enforcement can illuminate historical pathways and contemporary conduits to address contemporary challenges and encourage the adoption of new legal ideas. This book provides a comprehensive guide to the extent of patent protection, validity challenges, enforcement procedures, and infringement remedies in these three major jurisdictions. By examining the major provisions of patent statutes and court decisions in these markets, it explores fundamental patent theories and principles, evaluates current systems, and proposes best practice for patent enforcement in developed, emerging, and frontier markets. Comparative analysis and historical jurisprudence of the three core paradigms in patent enforcement will to help readers to develop a more nuanced understanding of current systems and how a legal innovation in one jurisdiction is adopted in others. Authored by a team of academics and experienced patent practitioners, it provides invaluable first-hand experience and insightful discussion of patent jurisprudence that will be of great interest to academics, policy-makers and practitioners alike.