For women and other marginalized groups, the reality is that the laws regulating estates and trusts may not be treating them fairly. By using popular feminist legal theories as well as their own definitions of feminism, the authors of this volume present rewritten opinions from well-known estates and trust cases. Covering eleven important cases, this collection reflects the diversity in society and explores the need for greater diversity in the law. By re-examining these cases, the contributors are able to demonstrate how women's property rights, as well as the rights of other marginalized groups, have been limited by the law.

In Copyright's Arc, Martin Skladany rejects a one-size-fits-all copyright regime. Within developed countries, copyright's incentives have spawned multinational corporations that create a plethora of slick, hyped entertainment options that encourage Americans to overconsume, whereas in developing countries, extreme copyright blocks the widespread distribution of entertainment, which impedes women's equality and human rights movements. Meanwhile, moderate copyright in middle-income countries helps foster artistic movements that forge inclusive national identities. Given these conditions, Skladany argues that copyright should vary between countries, following an arc across the development spectrum.

In Copyright's Arc, Martin Skladany rejects a one-size-fits-all copyright regime. Within developed countries, copyright's incentives have spawned multinational corporations that create a plethora of slick, hyped entertainment options that encourage Americans to overconsume, whereas in developing countries, extreme copyright blocks the widespread distribution of entertainment, which impedes women's equality and human rights movements. Meanwhile, moderate copyright in middle-income countries helps foster artistic movements that forge inclusive national identities. Given these conditions, Skladany argues that copyright should vary between countries, following an arc across the development spectrum.

Algorithms permeate our lives in numerous ways, performing tasks that until recently could only be carried out by humans. Artificial Intelligence (AI) technologies, based on machine learning algorithms and big-data-powered systems, can perform sophisticated tasks such as driving cars, analyzing medical data, and evaluating and executing complex financial transactions - often without active human control or supervision. Algorithms also play an important role in determining retail pricing, online advertising, loan qualification, and airport security. In this work, Martin Ebers and Susana Navas bring together a group of scholars and practitioners from across Europe and the US to analyze how this shift from human actors to computers presents both practical and conceptual challenges for legal and regulatory systems. This book should be read by anyone interested in the intersection between computer science and law, how the law can better regulate algorithmic design, and the legal ramifications for citizens whose behavior is increasingly dictated by algorithms.

Many aboriginal communities in the Global South depend for their livelihoods on the vast supply of bio-resources around them, but multinational corporations (MNCs) are not always ethical in their dealings with these communities. MNCs often pirate and patent communal, traditional knowledge, thereby "acquiring" intellectual property potentially worth hundreds of millions of dollars almost free of cost. Aboriginal communities face steep uphill legal battles in these cases. Here Anindya Bhukta explores the porous legal relations between traditional knowledge and current intellectual property law. Focusing on aboriginal communities in India, Bhukta explains how India, like other resource-rich countries, has spent millions trying to revoke US-issued patents on knowledge gained from aboriginal communities using existing IPR legislation. He demonstrates that existing IPR laws do not provide full legal protection in such cases - a fact acknowledged by the World Trade Organization when it categorically asked for a sui generis law to be developed for precisely these purposes - and he suggests just such a new law that could offer more robust legal protection for aboriginal communities wishing to capitalize on their own accomplishments. In so doing, Bhukta calls attention to the vital contributions that aboriginal communities make to global development. Legal Protection for Traditional Knowledgeis a must-read for researchers in economics, development studies, and international law, and especially those with an interest in the intellectual property status of traditional knowledge.

La proposition de la notion de " la loi sur les droits numeriques " sera certainement une renovation et une percee dans le domaine du droit. La Loi sur les droits numeriques 1.0 est le premier ouvrage pour la Chine voire pour le monde ayant la loi sur les droits numeriques comme titre et les droits numeriques comme l'objet de recherche. La publication de cet ouvrage a une grande portee historique. Rapport sino-americain aux Etats-Unis d'Amerique La Loi sur les droits numeriques 1.0 est non seulement une idee ambitieuse pour la recherche sur les futures lois, mais aussi un ouvrage d'avant-garde pour la recherche sur les futures civilisations. La theorie des droits numeriques prevoit le vrai avenir du droit et nous apporte des imaginations infi nies. Chinois residant en Europe en Romanie Selon la Loi sur les droits numeriques 1.0, le confl it qui oppose la recomposition aux structures de droits et de pouvoirs etablis, nous amene a repenser la societe et a concevoir un nouvel ordre. Les droits numeriques sont la source de la vitalite intrinseque de l'ordre numerique, et leur soutien est la principale force capable de hater sa reconstruction. Hommes d'aff aires chinois en Allemagne La proposition de la loi sur les droits numeriques est venue a point nomme, nous apportant une nouvelle vision de repenser le monde au niveau juridique. La loi sur les droits numeriques, etant un sujet prometteur, est la cle que nous attendons tous pour ouvrir la porte de la civilisation numerique. Business sino-japonais au Japon La loi sur les droits numeriques fonde un nouvel ordre pour l'humanite dans sa progression vers la civilization numerique, et elle est le produit de l'evolution de notre epoque, guidant la technologie scientifi que pour le bien de l'humanite sur la voie de l'etat du droit. La combinaison entre l'intelligence de la technologie scientifi que et la rationalite legitime ouvrira un nouveau chapitre de l'histoire de developpement de la societe humaine, conduisant cette derniere a entrer dans la nouvelle ere de la civilisation numerique. Le temps d'Afr ique en Afrique du Sud

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.

In the nineteenth century, copyright law expanded to include performances of theatrical and musical works. These laws transformed how people made and consumed performances. Exploring precedent-setting litigation on both sides of the Atlantic, this book traces how courts developed definitions of theater and music to suit new performance rights laws. From Gilbert and Sullivan battling to protect The Mikado to Augustin Daly petitioning to control his spectacular 'railroad scene', artists worked with courts to refine vague legal language into clear, functional theories of drama, music, and performance. Through cases that ensnared figures including Lord Byron, Laura Keene, and Dion Boucicault, this book discovers how the law theorized central aspects of performance including embodiment, affect, audience response, and the relationship between scripts and performances. This history reveals how the advent of performance rights reshaped how we value performance both as an artistic medium and as property.

After colonization, indigenous people faced an extractive property rights regime for both their land and knowledge. This book outlines that regime, and how the symbolic function of international intellectual property continues today to assist states to enclose indigenous peoples' knowledge. Drawing on more than 200 interviews, Peter Drahos examines the response of indigenous people to the colonizer's non-developmental property rights. The case studies reveal how they have adapted to the state's extractive order through a process of regulatory bricolage. In order to create a new developmental future for themselves, indigenous developmental networks have been forged - high trust networks that include partnerships with science. Intellectual Property, Indigenous People and their Knowledge argues for a developmental intellectual property order for indigenous people based on a combination of simple rules, principles and a process of regulatory convening.

This book explores how dissimilar patent systems remain distinctive despite international efforts towards harmonization. The dominant historical account describes harmonization as ever-growing, with familiar milestones such as the Paris Convention (1883), the World Intellectual Property Organization's founding (1967), and the formation of current global institutions of patent governance. Yet throughout the modern period, countries fashioned their own mechanisms for fostering technological invention. Notwithstanding the harmonization project, diversity in patent cultures remains stubbornly persistent. No single comprehensive volume describes the comparative historical development of patent practices. Patent Cultures: Diversity and Harmonization in Historical Perspective seeks to fill this gap. Tracing national patenting from imperial expansion in the early nineteenth century to our time, this work asks fundamental questions about the limits of globalization, innovation's cultural dimension, and how historical context shapes patent policy. It is essential reading for anyone seeking to understand the contested role of patents in the modern world.

HIV/AIDS remains a major global health problem, despite the progress made in its prevention and treatment. Addressing this problem is not only a matter of more and better drugs, they need to be widely accessible and be affordable to the poor. This book makes, with a much welcomed interdisciplinary approach, an excellent contribution to understanding how the intellectual property regime can influence health policies and the lives of millions of people affected by the disease. The analysis provided by the various authors that contributed to this book will be of relevance not only to those working in the area of HIV/AIDS, but to those more broadly interested in public health governance and the role of intellectual property rights.' - Carlos Correa, University of Buenos Aires, Argentina'This is an important, innovative and, at times, controversial collection. Inter-disciplinary in approach, this collection will have appeal to those concerned with the global injustice in the context of HIV/AIDS. Investigating the legal, political and economic determinants of access to essential medicines, this is thought provoking collection which will resonate with many in both the academic and public policy community.' - Bryan Mercurio, The Chinese University of Hong Kong This important book brings together leading scholars from multiple disciplines, including intellectual property, human rights, public health, and development studies, as well as activists to critically reflect on the global health governance regime. The Global Governance of HIV/AIDS explores the implications of high international intellectual property standards for access to essential medicines in developing countries. With a focus on HIV/AIDS governance, the volume provides a timely analysis of the international legal and political landscape, the relationship between human rights and intellectual property, and emerging issues in global health policy. It concludes with concrete strategies on how to improve access to HIV/AIDS medicines. This interdisciplinary, global, and up-to-date book will strongly appeal to academics in law, international relations, health policy and public policy, as well as students, policymakers and activists. Contributors include: F.M. Abbott, O. Aginam, T. Amin, L. Biron, A. Denburg, G.E. Evans, J. Harrington, J. Harrison, K. Lee, K.C. Shadlen, P.K. Yu

Underhill & Hayton Law of Trusts and Trustees is our flagship Trusts title and is recognised as being the leading book in the market. Written by renowned experts in the field this major work provides practitioners with expert commentary on the law of trusts and trustees and is a guide to all legal developments relating to trusts. It examines legislation and case law, including cases from significant offshore trust jurisdictions likely to affect UK trust law - beneficial to those working in Trusts both at legal practices as well as banks and accountancy firms. It has been fully updated from the 19th edition. Its easy reference format takes you through the definitions of trusts, administration of trusts and consequences of breaches of trust. Whatever stage you are advising clients at, you will find all the information you need in Underhill and Hayton.

A new, updated edition of the ultimate guide to trusts

Trusts are powerful and flexible financial planning tools, and this new edition of The Complete Book of Trusts covers everything you need to know to protect your hard-earned assets from taxes, creditors, and more. This updated Third Edition provides all the latest information on trusts, addressing recent changes due to economic growth and the Tax Relief Reconciliation Act of 2001 in such areas as transferring assets, distribution of income, gift and estate tax rules, and many others.

Along with in-depth examinations of sixty different types of trusts, this book also shows you how to:

• Set up a trust to manage assets in the event of disability or death
• Avoid probate
• Minimize or eliminate estate and other transfer taxes
• Financially protect loved ones
• And more

The Complete Book of Trusts, Third Edition is an invaluable resource for anyone with significant assets to protect.

Using original and archival material, The Right to Privacy traces the origins and influence of the right to privacy as a social, cultural and legal idea. Richardson argues that this right had emerged as an important legal concept across a number of jurisdictions by the end of the nineteenth century, providing a basis for its recognition as a universal human right in later centuries. This book is a unique contribution to the history of the modern right to privacy. It covers the transition from Georgian to Victorian England, developments in Second Empire France, insights in the lead up to the Burgerliches Gesetzbuch (BGB) of 1896, and the experience of a rapidly modernising America around the turn of the twentieth century. It will appeal to an audience of academic and postgraduate researchers, as well as to the judiciary and legal practice.

In pharmaceutical patent law, the problem of lack of policy direction and inappropriate legal framework is widespread - particularly among jurisdictions with little to no pharmaceutical research or manufacturing. This book aims to inform public policy and influence debate through a comprehensive review of Hong Kong's pharmaceutical patent law. By demonstrating the need for a holistic review of pharmaceutical patent laws and evaluating Hong Kong's system in light of health policy, economic and social factors, Bryan Mercurio recommends changes to the legal framework and constructs a more efficient and effective system for Hong Kong. He thoroughly evaluates the international framework and best practice models to offer a global perspective to each issue before providing local context in the analysis. While the focus of the book is Hong Kong, the analysis on pharmaceutical patent law and policy extends to other jurisdictions facing issues on reforming their national system.

The emergence of the Internet and the digital world has changed the way people access, produce and share information and knowledge. Yet people in Africa face challenges in accessing scholarly publications, journals and learning materials in general. At the heart of these challenges, and solutions to them, is copyright, the branch of intellectual property rights that covers written and related works.

This book gives the reader an understanding of the legal and practical issues posed by copyright for access to learning materials in Africa, and identifies the relevant lessons, best policies and best practices that would broaden and deepen this access.

This book is based on the work of the African Copyright and Access to Knowledge (ACA2K) research network, launched in late 2007 as a network of researchers committed to probing the relationship between copyright and learning materials access in eight African countries: Egypt, Ghana, Kenya, Morocco, Mozambique, Senegal, South Africa and Uganda.

Owning Ideas is a comprehensive account of the emergence of the concept of intellectual property in the United States during the long nineteenth century. In the modern information era, intellectual property has become a central economic and cultural phenomenon, and an important lever for allocating wealth and power. This book uncovers the intellectual origins of this modern concept of private property in ideas through a close study of its emergence within the two most important areas of this field: patent and copyright. By placing the development of legal concepts within their social context, this study reconstructs the radical transformation of the idea. Our modern notion of owning ideas, it argues, came into being when the ideals of eighteenth-century possessive individualism at the heart of early patent and copyright were subjected to the forces and ideology of late-nineteenth-century corporate liberalism.

As knowledge production has become a more salient part of the economy, intellectual property laws have expanded. From a backwater of specialists in patent, copyright, and trademark law, intellectual property has become linked to trade through successive international agreements, and appreciated as key to both economic and cultural development. Furthermore, law has begun to engage the interest of economists, political theorists, and human rights advocates. However, because each discipline sees intellectual property in its own way, legal scholarship and practice have diverged, and the debate over intellectual property law has become fragmented. This book is aimed at bringing this diverse scholarship and practice together. It examines intellectual property through successive lenses (incentive theory, trade, development, culture, and human rights) and ends with a discussion of whether and how these fragmented views can be reconciled and integrated.

Intellectual property (IP) laws were drafted for tangible objects, but 3D printing technology, which digitizes objects and offers manufacturing capacity to anyone, is disrupting these laws and their underlying policies. In this timely work, Lucas S. Osborn focuses on the novel issues raised for IP law by 3D printing for the major IP systems around the world. He specifically addresses how patent and design law must wrestle with protecting digital versions of inventions and policing individualized manufacturing, how trademark law must confront the dissociation of design from manufacturing, and how patent and copyright law must be reconciled when digital versions of primarily utilitarian objects are concerned. With an even hand and keen insight, Osborn offers an innovation-centered analysis of and balanced response to the disruption caused by 3D printing that should be read by nonexperts and experts alike.

Das Auffuhrungsrecht ist das erste unkoerperliche Recht des Urheberrechts. Dessen Entstehung stellt diese Arbeit anhand der Gesetzesentwicklung von 1837 bis 1901 dar. Der Autor stellt fest, dass die deutsche Entwicklung des musikalischen Auffuhrungsrechts vergleichsweise langsam und spat erfolgte. So bezog sich die gesetzgeberische Diskussion zunachst nur auf das dramatische Auffuhrungsrecht, wahrend die Schutzwurdigkeit musikalischer Werke noch nicht anerkannt war. Der Autor untersucht die Ursachen fur diese spate Entwicklung anhand der gesellschaftlichen Vorbedingungen fur ein musikalisches Auffuhrungsrecht. Dabei zeigt er insbesondere die Kausalitat zwischen dem Bestehen eines oeffentlichen Konzertwesens und einer lohnenswerten Rechteverwertung durch die Komponisten auf.

As the world confronts global warming, there is a growing consensus that the TRIPS Agreement could be a more effective instrument for mitigating climate change. In this innovative work, Wei Zhuang systematically examines the contextual elements that can be used in the interpretation of the TRIPS Agreement with a view to enhancing innovation and transfer of environmentally sound technologies. Zhuang proposes a balanced and pro-competitive interpretation that could be pursued by policymakers and negotiators. This comprehensive, multidisciplinary study will help academics and policymakers improve their understanding of the contemporary international legal regimes governing intellectual property rights, as well as innovation and transfer of environmentally sound technologies. It also offers practical guidance for further developing a legal system capable of responding to the challenges posed by climate change.