"Knowledge commons" describes the institutionalized community governance of the sharing and, in some cases, creation, of information, science, knowledge, data, and other types of intellectual and cultural resources. It is the subject of enormous recent interest and enthusiasm with respect to policymaking about innovation, creative production, and intellectual property. Taking that enthusiasm as its starting point, Governing Knowledge Commons argues that policymaking should be based on evidence and a deeper understanding of what makes commons institutions work. It offers a systematic way to study knowledge commons, borrowing and building on Elinor Ostrom's Nobel Prize-winning research on natural resource commons. It proposes a framework for studying knowledge commons that is adapted to the unique attributes of knowledge and information, describing the framework in detail and explaining how to put it into context both with respect to commons research and with respect to innovation and information policy. Eleven detailed case studies apply and discuss the framework exploring knowledge commons across a wide variety of scientific and cultural domains.

This book focusses on the debates concerning aspects of intellectual property law that bear on access to medicines in a set of developing countries. Specifically, the contributors look at measures that regulate the acquisition, recognition, and use of patent rights on pharmaceuticals and trade secrets in data concerning them, along with the conditions under which these rights expire so as to permit the production of cheaper generic drugs. In addition, the book includes commentary from scholars in human rights, international institutions, and transnational activism. The case studies presented from 11 Latin American countries, have many commonalities in terms of economics, legal systems, and political histories, and yet they differ in the balance each has struck between proprietary interests and access concerns. The book documents this cross-country variation in legal norms and practice, identifies the factors that have led to differences in result, and theorizes as to how differentials among these countries occur and why they endure within a common transnational regulatory regime. The work concludes by putting the results of the investigations into a global administrative law frame and offers suggestions on institutional mechanisms for considering the trade-offs between health and wealth.

The Freedom of Information Act 2000 came into force on 1 January 2005, creating a new statutory 'right to open government'. It imposed new duties on public authorities regarding the disclosure and handling of information. The fifth edition of this popular Guide offers the most up-to-date guidance on the Act, taking into account all the changes since the publication of the last edition. Most significantly, the developments have been in relation to the case law and this Guide features expert analysis of the most noteworthy decisions and their impact on this area of law. The Guide is essential reading those working within, or advising, public bodies; those advising clients with a personal, professional, or commercial interest in obtaining information; and those advising business clients on the accessibility of commercially sensitive information. The Blackstone's Guide series delivers concise and accessible books covering the latest legislative changes and amendments. First published soon after enactment, they offer expert commentary by leading names on the scope, extent, and effects of the legislation, plus a full copy of the Act itself. They provide a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

All the basics that students need to know about succession in Scots law
What happens after you die? You can't take it with you, so succession law governs how your property is passed on after your death. Succession Law Essentials teaches you all you need to know about the Scots laws of succession, including estates, executors, wills, will substitutes, valid and invalid testimony, intestate succession, legacies, vesting and more.
Summary sections of Essentials Facts and Essential Cases will help you to identify, understand and remember the key elements. When you're revising for your exams, the tables of cases and statutes will help you to find the page you're looking for quickly and easily.

Many disciplines are relevant to combating climate change. This challenging book draws together legal, regulatory, geographic, industrial and professional perspectives and explores the role of technologies in addressing climate change through mitigation, adaptation and information gathering. It explores some key issues. Is intellectual property part of the solution, an obstacle to change or peripheral? Are there more important questions? Do they receive the attention they deserve? And from whom? This innovative book will play an important role in stimulating holistic discussion and action on an issue of key importance to society.Environmental Technologies, Intellectual Property and Climate Change will appeal strongly to scholars researching IP and climate change, as well as to a range of professionals including venture capitalists, practising lawyers working in IP, environmental and corporate finance law, activists within both climate change and human rights, and policymakers.Contributors: A.E.L. Brown, K. Culver, A. Davies, N.S. Ghaleigh, M.D. Jones, K. Kulovesi, D.A. McGrory, J. McLean, E. Morgera, O. Onazi, J.P. Santamauro, K.R. Srinivas, B. Tuncak

Rooted in the civil law systems of continental Europe, where foundations originally served mainly charitable purposes, the private foundation is an innovative development in common law jurisdictions. More and more jursidictions are introducing private foundations as an alternative to trusts and practitioners are increasingly asked to advise clients on the intricacies of the developing law and the differences between jurisdictions. Private Foundations World Survey is the first survey book to consider comprehensively private foundations law and practice in each of the key jurisdictions. With a unique questionnaire format and summary factsheet for easy reference, it examines all the fundamental aspects of setting up and maintaining a private foundation, with reference to relevant legislation and case law. The two expert editors, along with a team of leading international practitioners, cover an exhaustive range of topics, including protectors, taxation, alternatives to private foundations, forced heirship, divorce, asset protection, and migration of private foundations as well as anti-money laundering and KYC requirements. Alongside 21 jurisdiction-specific chapters (which include jurisdictions where the law is still developing, as well as those with more established systems), the book contains general chapters on the uses of foundations and taxation issues in the UK and US. It thus provides readers with all the information they need to confidently assess and advise on any aspect of private foundations law.

'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

The discipline of offshore financial law has developed substantially since the first edition of this book was published. The second edition updates the reader with developments in case law and legislation and also covers a more extensive range of offshore jurisdictions including new coverage of Switzerland, Dubai, Hong Kong, Alaska, Nevada, Singapore, and Liechtenstein. For ease of reference the new edition includes an introductory chapter which gives a summary of the legislative infrastructure in the various jurisdictions. This provides a quick guide to where to find answers on offshore financial law matters. Recognizing the importance of Islamic finance there is now a chapter on the Shari'a Trust in offshore financial law. Other new chapters focus on US 'Offshore' Trusts such as the Nevada and Alaska Trusts and the Foundation trust, a vehicle used in civil jurisdictions. Considering the impact of the G20 and more recent OECD discussions on confidentiality, disclosure, and tax issues, this new edition brings the reader up to date with the changing regulatory landscape concerning the offshore sector. All practitioners and scholars interested in offshore financial law will find this text to be an essential reference source on the law and practice in this sector.

Nations throughout the world receive more patent applications, grant more patents, and entertain more patent infringement lawsuits than ever before. To understand the contemporary patent system, it is crucial to become familiar with how courts and other actors in different countries enable patent owners to enforce their rights. This is increasingly important, not only for firms that seek to market their products worldwide and for the lawyers who provide them with counsel, but also for scholars and policymakers working to develop better policies for promoting the innovation that drives long-term economic growth. Comparative Patent Remedies provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India. Thomas Cotter shows how different countries respond to similar issues, and suggests how economic analysis can assist in adapting current practice to the needs of the modern world. Among the topics addressed are: how courts in various nations award monetary compensation for patent infringement, including lost profits, infringer's profits, and reasonable royalties; the conditions under which patent owners may obtain preliminary and permanent injunctions, including cross-border injunctions in the European Union; the availability of various options for potential defendants to challenge patent validity; and other matters, such as the availability of criminal enforcement and border measures to exclude infringing goods.

Recent years have seen increased interest in international philanthropy and cross-border charitable giving. A new generation of high-net-worth individuals, keen to dedicate part of their wealth to philanthropic purposes, and an increasingly global charitable landscape raise a range of complex issues. What is a 'charity'? Does that definition vary from one jurisdiction to another? Are domestic charities taxed differently to foreign organizations? Written by a team of experts from around the world, International Charitable Giving provides a detailed and much-needed treatment of the interaction between the various legal systems at play in this complicated area of the law. By untangling the many issues facing practitioners, it facilitates clear and comprehensive advice to donors and recipients alike. The book provides a comprehensive picture of the most important issues relevant to charitable giving and philanthropy worldwide, including taxation, issues surrounding money laundering and terrorist financing, and the role of EU Law. Alongside a thorough discussion of the broader issues impacting on charitable donation, the book includes a range of chapters on specific national legal systems, including Switzerland, Israel, and Hong Kong, as well as a chapter on Islamic Law. Each of the jurisdictions has been selected because of its tradition of charitable giving and relevance to the transfer of charitable monies internationally, as well as its importance in relation to the jurisprudence in the field. Expertly written, these chapters provide a detailed survey of the laws, regulations, and policies governing charities and their activities in the relevant jurisdiction, together with an examination of the procedures to be followed for tax-efficient transborder charitable giving.

"I have often said that money problems are not solved with money. Ann-Margaret understands it is not what you make but what you keep that matters. You will read this once and refer to it for years to come." -Dr. Phil, from his foreword It is no secret that we are living in an increasingly litigious society. What may come as a surprise, though, is that we are far more likely to be involved in a costly legal dispute with a former loved one than we are with a stranger. In Love and Money, Ann-Margaret Carrozza will help you to easily understand and implement essential legal strategies to prevent you from doing legal battle with someone you once shared Thanksgiving dinner (or a pillow) with. Through an engaging narrative, including amusing cautionary tales, readers will learn how to utilize contracts to identify and avoid costly relationship landmines, reduce pet peeves, and create a joint mission statement, all the while ensuring that one's wealth and values are transmitted to future generations. Love and Money demystifies many legal structures, including: Prenuptial agreements Postnuptial agreements Cohabitation agreements Love contracts Wills Trusts Powers of attorney Healthcare advance directives After learning how to erect legal barriers against external wealth destroyers and evildoers, the focus of the book moves to internal wealth destroyers. Readers will learn how to identify and combat internal wealth repellants such as low self-esteem, fear, and stress. Becoming and remaining wealthy requires more than just money. This book provides a unique education about the interrelated nature of the internal and external laws of wealth and how to put them both to work for stronger relationships with one's finances and loved ones.

Within the open innovation paradigm, firms need to operate efficiently in markets for technology. This book presents original research on technology transactions, market intermediaries and, specifically, the role of auctions as a novel transaction model for patented technologies. Frank Tietze delivers an in-depth discussion of the impact of empirical results upon transaction cost theory, and in so doing, provides the means for better understanding technology transaction processes in general, and auctions in particular. Substantiating transaction cost theory with empirical auction data, the author goes on to explore how governance structures need to be designed for effective distributed innovation processes. He concludes that the auction mechanism is a viable transaction model, and illustrates that the auction design, as currently operated by market intermediaries, requires thorough adjustments. Various options for possible improvements are subsequently prescribed. The theoretical facets of this book will strongly appeal to business economists, while its practical implications will provide an illuminating read for both academics and practitioners in the fields of innovation and intellectual property. Revealing empirically substantiated technology prices, this book will also prove to be of great interest to policy makers for further developing the markets for technology.

Both antitrust and intellectual property laws are intended to facilitate economic growth. Antitrust is meant to encourages competition of all kinds and intellectual property law should offer inventors and artists the correct incentives to develop new ideas and technologies, but the harsh reality is that antitrust and IP laws have wandered off this course.
In Creation without Restraint: Promoting Liberty and Rivalry in Innovation, Christina Bohannan and Herbert Hovenkamp analyze the current state of competition (antitrust) and intellectual property laws, and propose realistic reforms that will encourage innovation. As with antitrust and a reform process that aligned injury requirements in lawsuits with the incentive to compete, this book proposes similar reforms for patent and copyright law, and considers both the uses and limitations of antitrust as a vehicle for intellectual property law reform. This book considers how antitrust and IP law should engage practices that restrain rather than promote innovation, and covers the troubled topic of IP "misuse," which the authors suggest needs a broader reach but narrower remedies.
Bohannan and Hovenkamp also evaluate the uses and limits of antitrust to address a variety of practices in innovation intensive markets, including interconnection in networks, duties to deal, and internet neutrality. The book constructs a framework and rules for governing the "innovation commons," or the vast area that involves collaborative innovation. Finally, it considers ways to further competition in the licensing and distribution of IP rights, and offers several proposals for specific reforms, most of which can be instituted by the courts without the need for new legislation.

Intellectual property rights (IPR) infringement in China reduces market opportunities and undermines the profitability of U.S. firms when sales of products and technologies are undercut by competition from illegal, lower-cost imitations. Intellectual property (IP) is often the most valuable asset that a company holds, but many companies, particularly smaller ones, lack the resources and expertise necessary to protect their IP in China. "Indigenous innovation" policies, which promote the development, commercialisation and purchase of Chinese products and technologies, may also be disadvantaging U.S. and other foreign firms and creating new barriers to foreign direct investment and exports to China. In this book, the U.S. International Trade Commission describes the principal types of reported IPR infringement in China, as well as Chinese indigenous innovation policies.

Multi-Sided Music Platforms and the Law explores the legal and regulatory frameworks surrounding copyright protection, competition and privacy concerns arising from the way multi-sided platforms use copyright-protected content in digital advertising. This book suggests how stakeholders in Africa, and their advisors, may ingenuously reform and apply various legal and regulatory frameworks to address these issues which arise from the manner in which multi-sided platforms use copyright-protected content in digital advertising. The book critically engages with the regulatory efforts in other jurisdictions, particularly the EU, with a view to bringing an African perspective to the debate and practice. It undertakes a consideration of this issue by asking how multi-sided platforms may be deployed in a manner that continues innovative uses of copyright content while protecting the economic freedom of African copyright owners as small businesses. Providing the first pro-Africa approach to the regulation of multi-sided platforms, particularly with reference to music, this book focuses on key aspects of digital commercial activity and highlights the main challenges and opportunities for its regulation. It will be of interest to lawyers, policymakers and students across Nigeria, South Africa, and internationally among the African Union, European Union and beyond. .

Highly regarded, and cited in a number of judgments, Thomas on Powers is concerned with the general principles and doctrines governing or affecting the creation, exercise, and operation of powers in private law, and provides a discursive, intellectual analysis of the principles underlying the problems commonly encountered by practitioners. The first edition of Thomas on Powers was published in 1998 as part of Sweet & Maxwell's Property and Conveyancing Library. This new edition both updates the original work and expands the scope of the book significantly to include coverage of offshore trusts and current trusts issues such as fiduciary powers, protectors, and "shams". Thomas on Powers provides extensive coverage of recent statutes dealing with trustee delegation; developments to the law relating to pension schemes; and cases relating to the rule in Hastings-Bass, which has had a series of contentious recent decisions. This edition includes expanded discussion of case law from Commonwealth countries and focuses more on the numerous judgments from offshore jurisdictions, some of which raise novel questions and issues. The book also includes an increased emphasis on the specific legislation of offshore trusts, where practical problems centred around the creation and exercise of trustee powers have become very important. This edition covers the problematic interaction of powers of revocation and sham trusts; the scope and effects of powers of amendment; the powers and role of protectors of offshore trusts; and the powers of directors of companies; and the relationship between fiduciary powers in private law and powers exercised by public bodies.

Access to works in the public domain is an important source of human creativity and autonomy, whether in the arts, scientific research or online discourse. But what can users actually do with works without obtaining the permission of a copyright owner? Readers will be surprised to find how many different kinds of permitted usage exist around the world. This book offers a comprehensive international and comparative account of the copyright public domain. It identifies fifteen categories of public rights and gives a detailed legal explanation of each, showing how their implementation differs between jurisdictions. Through this analysis, the authors aim to restore balance to copyright policy debates, and to contribute to such debates by making practical law reform proposals. A major intervention in the field of intellectual property law and copyright, this book will appeal to lawyers, scholars and those involved in the administration of copyright law.

A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law. Aimed at readers studying trusts at an undergraduate level, it provides a succinct and enlightening account of this area of the law.
Concise and clear, this book also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers an outstanding treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Ideal for providing a broad background to the issues before embarking on an in-depth study of trusts, it can also be used to help the reader to develop their understanding. For those looking to challenge themselves, detailed footnotes highlight further issues and point the direction for future reading.
Fully revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this new edition in the renowned Clarendon Law Series offers a well-written, careful, and insightful introduction to the law of trusts.

Widely read and appreciated in its first edition by students, academics and junior practitioners, EU Competition Law and Intellectual Property Rights was the first book to offer an accessible introduction to the interface between competition law and intellectual property rights.
Now fully updated, but retaining the accessible approach, it continues to represent an ideal gateway to this increasingly dynamic interface, offering a sound introduction to the topic based on thorough legal analysis. It provides a foundation to EU competition law rules as they relate to intellectual property rights, and explores how such a template can be applied to existing intellectual property rights and adapted to new technologies such as telecommunications and information technology. It demonstrates how, both under the EU law and as a matter of economic policy, EU competition law must provide a set of outer limits to, and a framework of rules which regulate, the exploitation and licensing of intellectual property rights.
A group of landmark cases since the first edition - the Microsoft case and its predecessor concerned with database rights, the IMS case - has extended the scope of Article 102 TFEU to a refusal to license interface codes. Article 102 has also been applied in the Astra Zeneca case to regulate the behavior of pharmaceutical companies and the pharmaceutical sector has recently experienced a sectoral enquiry. Finally, the field of industrial standards, patent ambushes and FRAND obligations has become the subject of competition law scrutiny. Under Article 101 TFEU, the modernization reforms and the new Technology Transfer Block Exemption Regulation 772/2004 together with the Technology Transfer Guidelines have quite radically reformed the method that lawyers must use when analysing the limits of clauses in intellectual property licensing. It requires greater economic understanding, offers less legal certainty but allows more flexibility than its predecessor. The book offers a comprehensive insight to these new developments in a textbook style ideal for those approaching the subject for the first time, or a useful reference for those with more experience.

This book provides an economic account of why trusts exist and how trust law should be shaped. The trust is a key legal institution in the common law world but it has been neglected by the law and economics community until recently. Borrowing theories and doctrines from corporate law and economics, scholars have variously analyzed and described the trust as a tripartite contract, a nexus of contracts, and even a legal entity. These obligational approaches overlook the unique features of trusts for which corporate legal theories have no explanation. Most importantly, they fail to account for the nature of the beneficiary's interest in the trust property.
This book presents an original analysis of the common law of trusts, arguing that trust law is about the trust property and the principal parties' relationships with it. At the same time it questions recent trends in trust law, especially those in offshore jurisdictions. Exotic developments such as non-charitable purpose trusts, settlor-retention of wide powers, and generous trustee exemption clauses have become the new normal and, coincidentally, draw analytical support from obligational accounts. It develops an analysis of trusts from a proprietary perspective, and applies the property-based approach to the economic analysis of trusts - explaining the economic benefits of trusts as an extension of the law of property. It also demonstrates how, once trusts are properly understood as property, it becomes obvious why these novel developments can only be for the worse, and should be reversed.

The economic torts for too long have been under-theorized and under-explored by academics and the judiciary alike. In recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This second edition of An Analysis of Econmic Torts, as before, attempts to provide practical legal research to both explore the ingredients of all these torts - both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood and passing off) - and their rationales. And, as before, an optimum framework for these torts is suggested.
However that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. Over 100 years ago the House of Lords in the seminal decision of Allen v Flood in theory set the agenda for the modern development of the economic torts. The majority in that case adopted an abstentionist approach to liability for intentionally inflicted economic harm, so that even where intentional and unjustified economic harm was inflicted, liability would not necessarily follow. However, this clear framework for the torts was obscured by subsequent case law, leaving the economic torts in a hopeless muddle by the start of the twenty-first century. A chance to finally sort out this mess was presented to the House of Lords in 2007 in the shape of three conjoined appeals, reported under the name OBG v Allan. The thrust of the judgments was that a framework for the economic torts was to be established and dicta and decisions that caused problems and incoherence were to be named and shamed. Re-affirming the abstentionist philosophy of Allen v Flood Lord Hoffmann and Nicholls and Baroness Hale in part relied upon the first edition of An Analysis of the Economic Torts, Lord Hoffmann noting ..". if what I have said does anything to clarify what has been described as an extremely obscure branch of the law, much is owing to Hazel Carty's book An Analysis of the Economic Torts ." However, within 10 months of the OBG decision, a differently constituted HL in Total Network SL v Revenue & Customs Commissioners undermined this nascent coherence and did so by focusing on the conspiracy torts (previously dismissed by some commentators as anomalous or superfluous). Distinguishing OBG (which did not as such analyse the conspiracy torts) the House of Lords in Total Network may have shifted the general economic torts from the abstentionist to the interventionist track of development.
Thus it is suggested that conflicting agendas for general economic liability can be discerned in the OBG and Total Network judgments. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. As a result, the second edition involves a substantial re-write of the first edition. However, the thesis of the author remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.

Das Urheberrecht als Teil des geistigen Eigentums gewinnt im Rahmender nationalen und internationalen Marktordnung zunehmend an kultureller und wirtschaftlicher Bedeutung. Die effektive Durchsetzung des Urheberrechts in der Praxis obliegt nicht nur den Unternehmen in der Kulturindustrie, den Rechtsanw�lten und Staatsanw�lten, sondern die Gerichte tragen wesentlich zur rechtspolitischen Umsetzung der urheberrechtlichen Ziele bei. Dem Bundesgerichtshof ist dabei eine grundlegende Aufgabe �bertragen worden. Anhand von ca. 100 Entscheidungen des BGH und Kurzkommentierungen werden rechtspolitische bzw. dogmatische Probleme des Urheberrechtsund f�r deren Rechtsanwendung dargelegt. Da das nationale Urheberrecht besonders im Fokus der europ�ischen Richtlinienpolitik steht, sind f�r den BGH ebenso die Entscheidungen des EuGH und des BVerfG zum Urheberrecht von Bedeutung, die in der Entscheidungssammlung ber�cksichtigt werden. Die ausgew�hlten Entscheidungen des BGH mit den entsprechenden Kurzkommentierungen bilden ein Grundger�st f�r das Verst�ndnis des Urheberrechts und dessen Grundfragen im Zeitalter des Internets und der Digitalisierung.

With the ever-increasing importance to both manufacturers and consumers of brand advertising and brand awareness, the commercial significance of trade marks continues to grow. Trade mark abuse, including counterfeiting branded products and the wrongful registration of a trade mark belonging to a person or company by another party (a bad faith registration), is a well-known problem in intellectual property law.
This book provides practical guidance on protecting trade marks against trade mark grabbing in general and abusive bad faith trade mark registrations in particular. It examines the case law, literature and recent EU developments (including issues relating to the enlargement of the EU) on trade mark registrations in bad faith from both an international and national perspective, and offers a comparative analysis of the relevant rules and regulations in all EU Member States.

`Professors Flanagan and Montagnani have assembled a volume of essays recognizing that in a global information age, intellectual property is not merely a business asset, but a social phenomenon. The contributors marry consideration of fairness with exploration of efficiency, examination of economics with analysis of equity, drawing upon expertise and examples from both European and American law. The resulting collection will be an invaluable resource on both sides of the Atlantic, and around the globe.' - Dan L. Burk, University of California, Irvine, School of Law, US Intellectual Property Law examines emerging intellectual property (IP) issues through the bifocal lens of both economic analysis and individual or social justice theories. This study considers restraints on IP rights both internal and external to IP law and explores rights disequilibria from the perspective of both the rationale of IP law and the interface with competition law. The expert contributors discuss the phenomenon in various contexts of patent, trade secret; and copyright, each a tool to incentivize the growth of knowledge beyond innovation and creativity. This timely book will strongly appeal to academics, scholars, and postgraduate and PhD students interested in where and how the balance to intellectual property law is, should or could be set. Policymakers will also find this insightful resource invaluable.