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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law
Since the last edition of this book was published, numerous changes have occurred in the telecommunications sector, at a national, European, and international level. Telecommunications Law and Regulation takes these changes into account, including an examination of the*adoption of Directive 2014/61/EU on the measures to reduce to cost of deploying electronic communication networks; Directive 2014/53/EU on radio equipment; Regulation 2015/2120 on 'open internet access' and roaming; and the implications of Brexit on the UK telecommunications sector. There is also coverage of substantial regulatory developments in US law since 2012, including the FCC's order on 'Protecting and Promoting the Open Internet' (March 2015). Written by leading experts, it is essential reading for legal practitioners and academics involved in the telecommunications industry.
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.
Artistic authorship is fundamental to how we interpret and value artworks. The figure of the solitary, creative genius underpins the symbolic and monetary values we ascribe to artworks; yet artistic authorship, like ownership, is often contested and unstable. This interdisciplinary collection of essays, written from legal, art historical and art market perspectives, critically examines the construction and iteration of the artist-author both during the lifetime of the artist and beyond - when artistic authorship is stewarded by others, including artists' estates, foundations and museums. Drawing on current cases and past legal disputes, this important anthology addresses enduring issues that have become central to the contemporary art world, such as the collision between artists' rights and the rights of the owners of artworks, the problems of authentication and who has the final authority to determine authenticity, and the role of artists' estates as legacy guardians.
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.
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.
This title was first published in 2000: European Intellectual Property is a survey and discussion of the impact of the economic principles of the European Community, upon the legal regime for the protection of intellectual property rights within the Community and the laws of its Member States. Beginning with a discussion of the issues arising from the treaty itself and the efforts of both the European Court of Justice and the European Commission through the liberalization of licensing procedures to meet these specific issues, the survey goes on to consider the attempts to achieve harmonization of national laws in the fields of trade marks, patents, industrial design and the wider efforts to create Community wide intellectual property rights.
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.
Owning the Masters provides the first in-depth history of sound recording copyright. It is this form of intellectual property that underpins the workings of the recording industry. Rather than being focused on the manufacture of goods, this industry is centred on the creation, exploitation and protection of rights. The development and control of these rights has not been straightforward. This book explores the lobbying activities of record companies: the principal creators, owners and defenders of sound recording copyright. It addresses the counter-activity of recording artists, in particular those who have fought against the legislative and contractual practices of record companies to claim these master rights for themselves. In addition, this book looks at the activities of the listening public, large numbers of whom have been labelled 'pirates' for trespassing on these rights. The public has played its own part in shaping copyright legislation. This is an essential subject for an understanding of the economic, artistic and political value of recorded sound.
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.
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.
The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge identifying and explaining how to apply legal principles for important cases providing cross-references and further reading to help you aim higher in essays and exams Avoid common misunderstandings and errors identifying common pitfalls students encounter in class and in assessment Reflect critically on the law identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment presenting learning objectives that reflect typical assessment criteria providing sample essay and exam questions, supported by end-of chapter feedback The series is also supported by comprehensive online resources that allow you to track your progress during the run-up to exams.
International developments since the mid-1990s have signalled an awareness of the importance and validity of traditional knowledge and cultural property. The adoption of the Convention on Biological Diversity, and the establishment of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore demonstrate an emerging trend towards the recognition of the rights of communities and the importance of culture in shaping international law and policy. This book examines how developments to protect collectively held knowledge transpose to circumstances which may not meet the usually understood criteria of what is considered to be an indigenous or traditional group. This includes communally derived cultural products which have emerged out of communities and subsequently formed a part of the national or popular culture. The book considers the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajon of Peru as key cases studies of this. By exploring the impact of past and recent international developments to protect traditional knowledge, Sharon Le Gall highlights a category of cultural signifiers which lies outside the scope of intellectual property protection, as well as the protection proposed for traditional knowledge and advocated for intangible cultural property. The book proposes a reinterpretation of Joseph Raz's interest theory of group rights in order to accommodate the rights advocated for collectively derived cultural signifiers on the basis of their value as symbols of identity. In doing so, Le Gall offers an original account of how those signifiers, which may not be described as exclusively 'traditional' or 'indigenous' and held in ways which are not 'traditional' or 'customary', may be accommodated in emerging traditional knowledge laws.
Over ten years after the beginning of the Community Registered Designs system of the European Union (EU), the Office for Harmonization in the Internal Market (OHIM) and European courts continue to grapple with many of the new legal concepts introduced, making this a complex and fluctuating area of law. This new edition of the highly-respected English-language text offers a concise, accessible and highly readable volume covering the complete design law of the European Union. It offers a concise history of the legislation's development and aims, tracing the introduction of fundamental changes to the protection of industrial and ornamental designs throughout the EU. This is followed by a detailed and comprehensive examination of the interpretations provided by OHIM, the Court of Justice and General Court, and the Community Design Courts of EU Member States. The book quotes primary legal provisions in context, supported by extensive citation of case law from the Court of Justice, OHIM and many European jurisdictions. Chapters cover topics including the definition of terms, the system of courts and tribunals with jurisdiction for Community design disputes, overlap with other intellectual property rights, exclusions from protection, the right to the Community design, interpreting designs, disclosure, invalidity of prior design and novelty arguments, the procedure of OHIM, infringement and applicable defences, jurisdictional issues, and the Design Directive. European Union Design Law: A Practitioners' Guide is an essential reference text for practitioners throughout the European Union and beyond.
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.
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
Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.
During the past few decades, private equity (PE) has attracted considerable attention from investors, practitioners, and academicians. In fact, a substantial literature on PE has emerged. PE offers benefits for institutional and private wealth management clients including diversification and enhancement of risk-adjusted returns. However, the lack of transparency, regulatory restrictions, and liquidity concerns that exist for some PE options limit their attractiveness for some investors. Private Equity: Opportunities and Risks offers a synthesis of the theoretical and empirical literature on PE in both emerging and developed markets. The book examines PE and provides important insights about topics such as major types of PE (venture capital, leveraged, buyouts, mezzanine capital, and distressed debt investments), how PE works, performance and measurement, uses and structure, and trends. Readers can gain an in-depth understanding about PE from academics and practitioners from around the world. Private Equity: Opportunities and Risks provides a fresh look at the intriguing yet complex subject of PE. A group of renowned experts take readers through the core topics and issues of PE, and also examine the latest trends and cutting-edge developments in the field. Additionally, discussion of research on PE permeates the book. The coverage extends from discussing basic concepts and their application to increasingly complex and real-world situations. Thus, this volume spans the gamut from theoretical to practical, while offering a useful balance of detailed and user-friendly coverage. This fresh and intriguing examination of PE is essential reading for anyone hoping to gain a better understanding of PE, from seasoned professionals to those aspiring to enter the demanding world of finance.
Cornish's Copyright is the standard work in its field and is indispensable for all librarians and information professionals who are looking for solutions to their copyright problems. The book explains the provisions of the UK Copyright Act and supporting legislation in quick and easy question-and-answer form. This revised edition is fully updated to take into account all of the changes that have come into force since the 6th edition was published in 2015. All types of material that may attract copyright are considered, including: literary, dramatic and musical works artistic works sound recordings films and video broadcast databases computer programs and websites. The text is amplified by the use of practical examples to illustrate complex points and complemented by a detailed index that enables the enquirer to pinpoint topics and proposed action quickly and accurately. The appendices provide helpful lists of addresses and selected further sources of information. This book will be invaluable for all librarians, information professionals and students who are looking for solutions to their copyright problems.
What type of right is a property right? How are items of property classified for legal purposes? In this revised edition of Personal Property Law, Michael Bridge provides answers to these fundamental questions of property law. His critical analysis includes new material on insolvency, in particular the anti-deprivation principle and the pari passu rule, as well as comprehensive accounts of recent case law (OBG v Allan, Yearworth, and Datastream,) and statutory developments. Widely considered to be the best short introduction to English personal property law, Bridge constructs an authoritative and systematic summary of this complex field for readers approaching the subject for the first time. It focuses on the acquisition, loss, transfer, and protection of interests in personal property law, and specific topics include: ownership and possession; treatment of the separate contributions of the common law and equity to modern personal property law; discussion of modes of transfer; the means of protecting property interests; the resolution of disputes concerning title to personal property; the grant of security interests, and the issues arising out of the transformation and mixing of tangible personal property. |
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