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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law

Beyond Intellectual Property - Matching Information Protection to Innovation (Hardcover): William Kingston Beyond Intellectual Property - Matching Information Protection to Innovation (Hardcover)
William Kingston
R2,996 Discovery Miles 29 960 Ships in 12 - 17 working days

Beyond Intellectual Property explores the many means by which information is protected. Based on thorough empirical research in the US and Europe as well as practical experience of economic innovation, it goes far beyond the traditional realm of intellectual property (IP). It also identifies the need for urgent reform of present arrangements and suggests practical ways of achieving this.New instruments for protecting investment in information have been historically important for initiating long-wave economic cycles. William Kingston argues that although IP has been one such method, it is increasingly proving ineffective because its laws have been progressively shaped by the interests that benefit from them, rather than by visions of the public good. He demonstrates that repair will require such visions, which would also underwrite radically new forms of information protection.This insightful book defines, describes and distinguishes between information, knowledge and meaning, and explains why information now needs changed forms of legal protection if it is to be of genuine economic value. As such, it will be of great interest to economic policy-makers, students of IP and innovation, patent agents and attorneys.

Lasting Powers of Attorney - A Practical Guide (Paperback, 4th Revised edition): Craig Ward Lasting Powers of Attorney - A Practical Guide (Paperback, 4th Revised edition)
Craig Ward
R1,990 Discovery Miles 19 900 Ships in 9 - 15 working days
Competition Law, Technology Transfer and the TRIPS Agreement - Implications for Developing Countries (Hardcover): Tu Thanh... Competition Law, Technology Transfer and the TRIPS Agreement - Implications for Developing Countries (Hardcover)
Tu Thanh Nguyen
R3,681 Discovery Miles 36 810 Ships in 12 - 17 working days

The book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries.Tu Thanh Nguyen argues that technology transfer-related competition law should be ?glocalized? appropriately for the needs of local contexts, while intellectual property rights (IPR) are globalized. The book reveals that developing countries, according to the TRIPS Agreement, have the right to use domestic competition law to promote access to technology in order to protect national interests and consumer welfare. However, competition law is antitrust. It is neither anti-IPR nor anti-trade. The author finds that developing countries with limited competition law resources should set realistic priorities for the control of technology transfer-related anti-competitive practices. They can reasonably apply and adapt relevant regulations, decisions and judgments from developed country jurisdictions to their own circumstances.Competition Law, Technology Transfer and the TRIPs Agreement is a timely resource for postgraduate students, practitioners, and scholars in international competition law, IPR, and technology transfer. Policymakers in the field of technology transfer-related competition law/policy, especially in developing countries, will also find this book invaluable.

Collective Management of Music Copyright - A Comparative Analysis of China, the United States and Australia (Hardcover):... Collective Management of Music Copyright - A Comparative Analysis of China, the United States and Australia (Hardcover)
Qinqing Xu
R3,830 Discovery Miles 38 300 Ships in 9 - 15 working days

Two of the objectives of the Chinese Copyright Law are to protect the copyright of authors to their literary and artistic works and encourage the creation and dissemination of works. In practice, however, in spite of the existence of the Music Copyright Society of China ('MCSC') that was established to assist with exercising copyright, music creators in China remain in need of help to protect and manage their fragmented copyright. The MCSC was the first collective management organisation ('CMO') in mainland China and is the only CMO in the field of musical works. While there is a large music industry and copyright business in China, the MCSC only had 11,356 members at the end of 2021. The third amendment of the Chinese Copyright Law was initiated in 2011 and came into effect in June 2021 after a long debate for almost ten years. The discussion of the third amendment has highlighted the controversial topic of collective management of copyright. This book explores the adequacy of the MCSC as an intermediary representing rights for music creators. The main argument developed in this study is that the work of the MCSC for individual composers and lyricists is hampered by shortcomings in the regulatory regime as well as by a lack of members' rights to participate in the management of their own rights and by the ineffective international cooperation between the MCSC and other musical CMOs overseas. The analysis is undertaken through a case study approach, comparing the collective management systems of music copyright in China, the United States and Australia and addressing the question of how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory systems designed to limit the misuse of those CMOs' monopoly, members' rights in the organisations, and international cooperation between these CMOs. Overall, the main findings of this book suggest that the MCSC in China could work more effectively to protect music creators' interests. In contrast, although the operational frameworks of the American Society of Composers, Authors and Publishers ('ASCAP') and the Broadcasting Broadcast Music, Inc. ('BMI') in the United States and the Australasian Performing Right Association ('APRA') in Australia are not perfect models, the systems in these two countries may at least provide reference points for potential improvement of the regime of the MCSC. The research recommends three courses of action: strengthening the regulatory design overseeing the MCSC's monopoly, clarifying the relationship between the MCSC and its members while providing the members with the right to manage their own copyright, and improving the international cooperation between the MCSC and CMOs in other countries.

Intellectual Property and General Legal Principles - Is IP a Lex Specialis? (Hardcover): Graeme B. Dinwoodie Intellectual Property and General Legal Principles - Is IP a Lex Specialis? (Hardcover)
Graeme B. Dinwoodie
R3,291 Discovery Miles 32 910 Ships in 12 - 17 working days

The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What is the scope of intellectual property law? What is the relationship between intellectual property law and general legal principles? To what extent are intellectual property laws exceptional?Intellectual property assumes a prominent social and economic role worldwide and considering the costs and benefits of treating it separately from general principles of law is a salient area of enquiry. This thought-provoking book addresses the essence of intellectual property law and the role of intellectual property within broader legal institutions. Expert contributors explore lines of enquiry from a variety of more general perspectives and engage with and contribute to an area of law that is too significant socially and commercially to be considered only by specialists. Intellectual Property and General Legal Principles is a challenging book which scholars in intellectual property law will find a discerning contribution to their field. Contributors: A. Brown, I. Calboli, G. D'Agostino, G.B. Dinwoodie, S. Dusollier, B. Garrison, G. Ghidini, B. Hazucha, T.B. Larsen, H-C. Liu, C.R. McManis, C. Ncube, B.G. Otero, C. Waelde, T. Watabe, K. Weatherall

Research Handbook on the World Intellectual Property Organization - The First 50 Years and Beyond (Hardcover): Sam Ricketson Research Handbook on the World Intellectual Property Organization - The First 50 Years and Beyond (Hardcover)
Sam Ricketson
R5,610 Discovery Miles 56 100 Ships in 12 - 17 working days

2020 marks the 50th year of the coming into force of the World Intellectual Property Organization (WIPO) Convention 1967 and the formal establishment of WIPO. This unique and wide-ranging Research Handbook brings together eminent scholars and experts who assess WIPO's role and programmes during its first half-century, as well as discussing the challenges facing the organization as it enters its second. This comprehensive Research Handbook explores the history and development of WIPO from its conception, through the changing of its mission over time, to its current position as a largely self-financing specialized UN agency. Chapters examine WIPO's education and technical assistance programmes, its relationship with the WTO, its interaction with emerging economies and WIPO's role in treaty interpretation and substantive and procedural harmonization. The Research Handbook on the World Intellectual Property Organization will be a key resource for scholars of trade and development, and intellectual property. It will also be of value to intellectual property practitioners, government officials and non-governmental organizations concerned with intellectual property, trade, development, and human rights issues and advocacy. Contributors include: T. Aplin, M. Blakeney, A.F. Christie, G. Davies, G. Dinwoodie, R. Dreyfus, A. Duxbury, M. Ficsor, S. Frankel, D. Gangjee, D. Gervais, R. Giblin, J. Ginsburg, I. Heath, A. Kur, J. Liedes, D. Lindsay, A. Quaedvlieg, J. Reichman, S. Ricketson, A. Taubman, S. von Lewinski, K. Weatherall, R. Xalabarder, P.K. Yu

Handbook of Social Media and the Law (Hardcover): Laura Scaife Handbook of Social Media and the Law (Hardcover)
Laura Scaife
R5,121 Discovery Miles 51 210 Ships in 12 - 17 working days

Billions of minutes a month are spent globally on social media. This raises not only serious legal issues, but also has a clear impact on everyday commercial activity. This book considers the significant legal developments that have arisen due to social media. It provides an expert explanation of the issues that practitioners and businesses need to consider, as well as the special measures that are required in order to minimise their exposure to risk. The content is highly practical, and not only explores the law related to social media, but also includes useful aids for the reader, such as flow charts, checklists and case studies. Various categories and channels of social media are covered in this book, alongside the legal classification of different social networks. Social media is also considered in the context of human rights law by evaluating the implications this has had upon the development of civil and criminal law when pursuing a civil remedy or criminal prosecution in relation to online speech. As part of these discussions the book deals specifically with the Defamation Act 2013, the Communications Act 2003, the Computer Misuse Act 1990 and the Contempt of Court Act 1988 among other key issues such as seeking Injunctions and the resulting privacy implications. Finally, the author also pays careful consideration to the commercial aspects raised by social media. The reader will find reference to key cases and regulatory guidance notes and statutes including, the Data Protection Act 1998 (including the draft Data Protection Regulation), user privacy, human rights, trading and advertising standards, special rules for FCA regulated bodies and social media insurance. This book is an invaluable guide for private practice and in-house practitioners, business professionals, academics and post-graduate students involved in the law surrounding social media.

Runaway Technology - Can Law Keep Up? (Paperback): Joshua A. T. Fairfield Runaway Technology - Can Law Keep Up? (Paperback)
Joshua A. T. Fairfield
R647 R541 Discovery Miles 5 410 Save R106 (16%) Ships in 10 - 15 working days

In an era of corporate surveillance, artificial intelligence, deep fakes, genetic modification, automation, and more, law often seems to take a back seat to rampant technological change. To listen to Silicon Valley barons, there's nothing any of us can do about it. In this riveting work, Joshua A. T. Fairfield calls their bluff. He provides a fresh look at law, at what it actually is, how it works, and how we can create the kind of laws that help humans thrive in the face of technological change. He shows that law can keep up with technology because law is a kind of technology - a social technology built by humans out of cooperative fictions like firms, nations, and money. However, to secure the benefits of changing technology for all of us, we need a new kind of law, one that reflects our evolving understanding of how humans use language to cooperate.

Authorship and Copyright (Hardcover): David Saunders Authorship and Copyright (Hardcover)
David Saunders
R2,740 Discovery Miles 27 400 Ships in 9 - 15 working days

First published in 1992, Authorship and Copyright traces the history of constructions of authorship as a legal reality. It offers an alternative to the two mainstream interpretations that have traditionally been assigned to authorship: the Romantic dialectical 'birth of the author' or the language-based post-structuralist 'death of the author.' Saunders examines the shortcomings of both schemes by arguing that they impose an arbitrary philosophical direction on the history of authorship and the law of copyright. Saunders addresses the issues relating to copyright and the construction of authorship as a legal status. Combining information and polemic, the author explores such matters as the historical and theoretical relations of copyright and the droit moral, the aestheticization of the law and the juridification of aesthetics, and the argument that authorship as a legal reality is a historically contingent and variable arrangement that cannot be separated from its cultural and juridical context. This book will be of interest to students of law, literature and philosophy.

International Intellectual Property - A Handbook of Contemporary Research (Hardcover): Daniel J. Gervais International Intellectual Property - A Handbook of Contemporary Research (Hardcover)
Daniel J. Gervais
R5,747 Discovery Miles 57 470 Ships in 12 - 17 working days

International Intellectual Property: A Handbook of Contemporary Research aims to provide researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex field. The book combines doctrinal analysis with ground-breaking theoretical research by many of the most recognized experts in the field. At its core, it offers overviews of the structure and content of the two instruments that can undoubtedly be considered historically as the most important intellectual property treaties, namely the Berne Convention on the Protection of Literary and Artistic Works and the Paris Convention on the Protection of Industrial Property. Several chapters also discuss parts of the TRIPS Agreement. This important book will prove a valuable resource for students and academics of international intellectual property wishing to obtain useful knowledge of current issues such as conflicts between intellectual property (especially patents and trademark) rights, geographical indications, protection of luxury brands, orphan works and innovation. Contributors: P. Baechtold, I. Calboli, K. de la Durantaye, G.B. Dinwoodie, R.C. Dreyfus, S. Frankel, C. Geiger, D.J. Gervais, J. Ginsburg, S.F. Halabi, E.F. Judge, T. Miyamoto, C.A.M. Mulder, L.P. Ramsey, S. Ricketson, G.R. Scott, M. Senftleben, H. Sun, P.K. Yu

Advanced Introduction to International Intellectual Property (Hardcover): Susy Frankel, Daniel J. Gervais Advanced Introduction to International Intellectual Property (Hardcover)
Susy Frankel, Daniel J. Gervais
R2,693 Discovery Miles 26 930 Ships in 12 - 17 working days

A lucid and accessible explanation of international intellectual property law. The authors do not shrink from the complexities and nuances of the field but manage commendably to present them as a part of a coherent system.' - Graeme B. Dinwoodie, University of Oxford, UK'Written by two of the foremost scholars in trade and intellectual property, this book offers a clear and comprehensive overview of the institutions, actors, texts, concepts, norms and issues encountered in the intellectual property arena. It is hard to imagine a better introduction to the international regime. Indeed, it is a 'must-have' for anyone entering the field from the academy, practice, government, arbitration or adjudication.' - Rochelle Dreyfuss, New York University, School of Law, US 'International norms constitute an essential framework at global, regional and domestic level for any development of this increasingly important but also complex area of law which is intellectual property. This advanced introduction to international property authored by Professor Frankel and Professor Gervais, two leading scholars in this field, is therefore particularly timely, as it presents in a condensed but complete and easy accessible way all the relevant institutions and actors, the major instruments, the key concepts, the current norms and the most important challenges to be addressed by the international intellectual property system. A must have in any good IP library!' - Christophe Geiger, University of Strasbourg, France 'This concise manual offers an ideal overview of international intellectual property. It will serve as a valuable Introduction for readers unfamiliar with intellectual property law, or with certain of its branches. But even readers already versed in some or all IP areas will also find illuminating insights throughout each chapter. Moreover, in addition to the principal traditional intellectual property sectors, the book addresses topics that have more recently commanded the attention of scholars and policy makers, particularly private international law and the relationship of IP and traditional knowledge.' - Jane C. Ginsburg, Columbia University, School of Law, US Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world s leading scholars. This authoritative introduction provides a detailed overview of the complexities of the international intellectual property regime and the ways in which it operates. The authors cover the key international institutions and agreements that regulate and inform intellectual property at an international level such as the TRIPS Agreement, WIPO, WTO, the Paris Convention and the Berne Convention. The book serves as a platform to understand and contextualize policy discussions on topics such as public health, Internet regulation, as well as regional and bilateral trade treaties. Key features include: - Accessible and carefully summarized overview of the field - Comprehensive and up-to-date review of all major international intellectual property institutions and instruments - Introduces current issues within international IP negotiations - Provides tools to analyze the history and possible future development of international IP norms. Students, researchers, policy makers and practitioners of intellectual property will find this book to be an invaluable resource in gaining an understanding of the international rules and context in which both domestic and international IP policy issues should be understood.

Intellectual Property Strategies for Start-ups - A Practical Guide (Paperback): Stefan Golkowsky Intellectual Property Strategies for Start-ups - A Practical Guide (Paperback)
Stefan Golkowsky
R1,985 R1,801 Discovery Miles 18 010 Save R184 (9%) Ships in 9 - 15 working days

In the initial phase, start-ups often overlook the importance of protecting intellectual property (IP) assets in favour of concentrating on the business idea. This can leave the business exposed to both financial and creative risk. This highly practical book highlights the need for start-ups to protect their IP from the outset. It outlines the basics of IP in a start-up context and gives guidance to founders and their advisors in developing a successful IP strategy, including building patent portfolios, contract drafting, financing, due diligence and asset management. Key Features: 'Best practice' on IP strategy for start-ups and beyond Guidance on how IP can be protected and how infringements of third-party rights can be avoided Practical advice on the role of IP in valuing and financing a business Review of the the legal ramifications and pitfalls of failing to properly protect IP Accessible writing style and use of illustrative case studies Author team with vast experience of advising start-ups, and consulting on IP matters in mergers and acquisitions transactions. Legal practitioners and auditing and consulting companies will find this an invaluable resource for avoiding the pitfalls during due diligence. Investors and founders of companies will appreciate the practical information on protecting their IP assets and reducing the risk of legal losses.

Intellectual Property, Human Rights and Competition - Access to Essential Innovation and Technology (Hardcover): Abbe E.L. Brown Intellectual Property, Human Rights and Competition - Access to Essential Innovation and Technology (Hardcover)
Abbe E.L. Brown
R3,153 Discovery Miles 31 530 Ships in 12 - 17 working days

Abbe Brown's new work provides a welcome and extremely valuable addition of the human rights dimension to the long standing conflict over essential technologies between intellectual property and competition law.' - Steven Anderman, University of Essex, UK and University of Stockholm, Sweden'Much has been written on the flexibilities available within the intellectual property system to address development and social needs. This book goes a step further: it explores how greater access to essential technologies can be ensured through human rights and competition law. Although the analysis is focused on UK and the European Union, the book provides valuable insights for assessing the situation in other jurisdictions. The author suggests an innovative approach for courts and legislators to overcome, in the light of public interest considerations, the limits imposed by intellectual property rights. This book is a much welcomed contribution to academic and policy debates on the subject.' - Carlos M. Correa, University of Buenos Aires, Argentina 'Intellectual property interacts (or clashes?) with human rights and competition law. The refreshing bit about this book is that a detailed practical approach to the inevitable balancing act is proposed. Abbe Brown explains how a human rights approach is the cornerstone of such a balancing approach and how positive results can be achieved towards unblocking essential technologies. And it can be done in the existing international legal framework, even if the latter could be improved. Well-researched, challenging and interesting reading!' - Paul Torremans, University of Nottingham, UK 'Abbe Brown's study starts from the assumption that IP right owners, particularly those of innovative technologies, dispose of a disproportionately strong legal position in relation to that of competitors and customers, which is detrimental to society at large. Brown investigates how the power of the IP right owners can be limited by applying existing human rights law and competition law. To that aim it is suggested to widen the legal landscape and to develop a more tripartite substantive approach to IP law, human rights law and competition law. Brown's study offers a very welcome new contribution to the literature on the functioning of IP law, by stressing the joint role which competition law and human rights law can play in this respect.' - F. Willem Grosheide, Utrecht University and Attorney at law, Van Doorne Amsterdam, The Netherlands This detailed book explores the relationship between intellectual property, competition and human rights. It considers the extent to which they can and must be combined by decision makers, and how this approach can foster innovation in key areas for society such as pharmaceutical drugs, communications software and technology to combat climate change. The author argues that these three legal fields are strongly interrelated and that they can be used to identify essential technologies. She demonstrates that in some cases, combining the fields can deliver new bases for wider access to be provided to technologies. The solutions developed are strongly based on existing laws, with a focus on the UK and the EU and the structures of existing forms of dispute resolution, including the European Court of Human Rights and the dispute settlement bodies of the World Trade Organization. The final chapters also suggest opportunities for further engagement at international policy and activist level, new approaches to IP and its treaties, and wider adoption of the proposals. This timely book will appeal to academics and practitioners in IP, competition and human rights, as well as innovation-related industry groups and access to knowledge, health and environment activists.

European Intellectual Property Law - Text, Cases and Materials, Second Edition (Paperback, 2nd edition): annette kur, Thomas... European Intellectual Property Law - Text, Cases and Materials, Second Edition (Paperback, 2nd edition)
annette kur, Thomas Dreier, Stefan Luginbuehl
R1,605 Discovery Miles 16 050 Ships in 12 - 17 working days

The second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system. New to this edition: Coverage of recent legislative changes since the first edition, including detail on the proposed new copyright package New expanded chapters on Plant Variety Rights, Industrial Designs and Geographical Indications New chapter on IPRs and Unfair Competition, including Trade Secrets Expanded chapter on patents, including coverage of the unitary patent and the UPC, by new co-author and patent expert Stefan Luginbuehl. Key features: Concise and straightforward style, gives students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law Highlights extracts from primary sources including decisions of the CJEU and other key case law, reports, and white papers Poses questions designed to provoke critical thinking and reflection around legal problems Covers related areas adjacent to IP law, in order to help students understand the context in which IP legislation operates Gives an overview of community and European IP rights and areas that have been harmonized at a legislative level Considers international IP protection and the interrelation between European and IP law more broadly in order to promote comparative study. With its detailed and comprehensive overview on the structure and content of European IP law, this textbook has proved an essential companion to both basic and advanced courses on European intellectual property across the globe. Acclaim for the first edition: 'This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.' - Graeme B. Dinwoodie, Chicago-Kent University, US

The Protection of Intellectual Property Rights in Outer Space Activities (Hardcover): Tosaporn Leepuengtham The Protection of Intellectual Property Rights in Outer Space Activities (Hardcover)
Tosaporn Leepuengtham
R2,967 Discovery Miles 29 670 Ships in 12 - 17 working days

While outer space itself remains out of reach for most of us, the results of space activities and developments from space technology are becoming increasingly integrated in our daily lives. Recognising the importance of these technologies, this book explores how existing legal protection methods may be enforced if the unauthorised use takes place beyond conventional territorial borders in outer space. In this detailed and considered study, Tosaporn Leepuengtham examines the problems which may arise in terms of the protection of intellectual property rights in space activities under two national jurisdictions; the US and the UK. She explores the conflict between intellectual property law's scheme of private exclusive rights and the fundamental principle of space law, which is the common heritage of mankind. Furthermore, this book offers potential solutions to this conflict, including suggestions for best practice implementation of law and policy recommendations for balancing and better protecting the interest of rights holders and the public in space activities. Raising pertinent questions, it eloquently provides a springboard for future study. Novel and engaging, this book will appeal to scholars and students of Intellectual Property Law and various related topics including patent and copyright law, space law, private international law and technology law. Government agencies, policy makers and officials, in particular those responsible for issuing and implementing law, regulations and policies governing space industry will also find a wealth of knowledge herein.

A Politics of Patent Law - Crafting the Participatory Patent Bargain (Hardcover): Kali Murray A Politics of Patent Law - Crafting the Participatory Patent Bargain (Hardcover)
Kali Murray
R4,200 Discovery Miles 42 000 Ships in 12 - 17 working days

There has been much written on the impact of international treaties like the Trade Related Aspects on Intellectual Property (TRIPS), which laments the failure of patent systems to respond to the interests of a diverse set of non-profit, public interest, and non-corporate entities. This book examines how patent law can accommodate what James Boyle terms a "politics," that is, "a conceptual map of issues, a rough working model of costs and benefits, and a functioning coalition-politics of groups unified by common interests perceived in apparently diverse situations."

A Politics of Patent Law provides a substantive account of the ways in which various types of participatory mechanisms currently operate in patent law, and examines how these participatory mechanisms can be further developed, particularly within a regional and international context. In exploring this, Murray highlights the emergence of constitutional law in international intellectual property law as being at the centre of the patent bargain and goes so far as to argue that the constitutional tradition in intellectual property law is as important as TRIPS. Ultimately, the book sets forth a "tool-box" of participatory mechanisms which would allow for, and foster third party participation in the patent process. This book will be of particular interest to academics, students and practitioners in the field of IP Law.

Sexting and Revenge Pornography - Legislative and Social Dimensions of a Modern Digital Phenomenon (Paperback): Andy Phippen,... Sexting and Revenge Pornography - Legislative and Social Dimensions of a Modern Digital Phenomenon (Paperback)
Andy Phippen, Maggie Brennan
R1,188 Discovery Miles 11 880 Ships in 9 - 15 working days

This book considers the rapidly evolving, both legally and socially, nature of image-based abuse, for both minors and adults. Drawing mainly from UK data, legislation and case studies, it presents a thesis that the law is, at best, struggling to keep up with some fundamental issues around image based abuse, such as the sexual nature of the crimes and the long term impact on victims, and at worst, in the case of supporting minors, not fit for purpose. It shows, through empirical and legislative analysis, that the dearth of education around this topic, coupled with cultural norms, creates a victim blaming culture that extends into adulthood. It proposes both legislative developments and need for wider stakeholder engagement to understand and support victims, and the impact the non-consensual sharing of intimate images can have on their long-term mental health and life in general. The book is of interest to scholar of law, criminology, sociology, police and socio-technical studies, and is also to those who practice law, law enforcement or wider social care role in both child and adult safeguarding.

Intellectual Property, Community Rights and Human Rights - The Biological and Genetic Resources of Developing Countries... Intellectual Property, Community Rights and Human Rights - The Biological and Genetic Resources of Developing Countries (Paperback)
Marcelin Tonye Mahop
R1,470 Discovery Miles 14 700 Ships in 12 - 17 working days

This book considers the issue of biodiversity in developing countries in relation to intellectual-property rights, community rights and human rights. Drawing together a number of case studies of developing countries rich in biological and genetic resources including India, South Africa and Brazil, the book examines the access to PGRs and their utilizations in the contexts of scientific and commercial oriented activities pursued both in the source and user countries. Exploring how community rights are protected in national biodiversity-related regulations and some international legal instruments, Marcelin Tonye Mahop also discusses the relationship between community rights and human rights in the context of biodiversity. The book looks at the issue of bio-piracy, asking whether this phenomenon should only be seen as a North-South clash, whereby biodiversity rich countries of the Southern Hemisphere blame developed countries and their actors as its principal perpetrators. While recognizing that developing countries' actors play a role in this bio-piracy phenomenon, the book goes on to suggest alternative measures for the legal protection of community rights at the national level with the possibility of national and international enforceability. Essential reading for students and scholars of intellectual-property rights, biodiversity regulations and human rights, this book will also be of great value to researchers and members of professional organizations working in these subject areas. National and regional negotiators in the international processes dealing with the issues covered in the book will find it a useful tool that can help them to understand various facets of these processes.

Contentious Trusts Handbook - Practice and Precedents (Paperback): Carl Islam Contentious Trusts Handbook - Practice and Precedents (Paperback)
Carl Islam
R3,125 Discovery Miles 31 250 Ships in 12 - 17 working days
Commonwealth Caribbean Law of Trusts - Third Edition (Hardcover, 3rd edition): Gilbert Kodilinye, Trevor Carmichael Commonwealth Caribbean Law of Trusts - Third Edition (Hardcover, 3rd edition)
Gilbert Kodilinye, Trevor Carmichael
R5,432 Discovery Miles 54 320 Ships in 12 - 17 working days

The law of trusts is a subject of considerable importance in the Commonwealth Caribbean. Traditional areas, such as testamentary trusts, resulting and constructive trusts, and charitable trusts, are now fully incorporated into the mainstream substantive law of the region, while the principles associated with offshore trust regimes are constantly expanding and developing. This book has been updated to reflect new case law and legislation, and to highlight recent trends relating to both traditional and offshore trusts.

Intellectual Property Overlaps - Theory, Strategies, and Solutions (Hardcover): Robert Tomkowicz Intellectual Property Overlaps - Theory, Strategies, and Solutions (Hardcover)
Robert Tomkowicz
R4,214 Discovery Miles 42 140 Ships in 12 - 17 working days

Intellectual property rights and their overlaps are considered in light of rights purposes, relying on the concept of a balance of rights as the measuring rod for assessment of the consequences resulting from the exercise of overlapping rights. Identifying the complex interface between different types of intellectual property rights, this book discusses the use of these rights and their effect on a diverse group of stakeholders, from individual users of e-books to large corporations operating search engines on the internet.
The book suggests solutions to potentially objectionable uses of overlapping rights in an attempt to provide judiciary and law practitioners with an analytical framework for resolving disputes of overlaps in the intellectual property system. In doing so, the author investigates how use of intellectual property rights associated with one segment of the system can affect the carefully crafted balance of rights held by various stakeholders in an overlapping segment. In particular, the book suggests that a properly construed doctrine of misuse of intellectual property rights would provide an adequate response to the challenge posed by improper use of overlapping intellectual property
rights.
This book is of particular interest to law practitioners, managers in advanced technology and media industries, academics, and university students who work with or analyze intellectual property and new technologies.

Intellectual Property and Innovation (Hardcover): Shubha Ghosh Intellectual Property and Innovation (Hardcover)
Shubha Ghosh
R18,695 Discovery Miles 186 950 Ships in 12 - 17 working days

This illuminating research review details leading articles on the theory and practice of intellectual property law as it applies to the promotion of innovation in economic, social, and legal dimensions. Topics include the role of law and incentives, cumulative and open forms of innovation, as well as discussion of its social dimensions, relationship with market institutions and how to chart a course for future innovation policy. This review offers a compelling overview of the ideas that ignite and enliven innovation scholarship, invaluable to academics and policymakers alike.

Intellectual Property and the Judiciary (Hardcover): Christophe Geiger, Craig A. Nard, Xavier Seuba Intellectual Property and the Judiciary (Hardcover)
Christophe Geiger, Craig A. Nard, Xavier Seuba
R4,694 Discovery Miles 46 940 Ships in 12 - 17 working days

'This book fills a gap in IP law. There are many publications on substantive and procedural law in IP litigation. But it was impossible to find a book that addresses the role of the judiciary in IP like this one does. It provides unique insights into the matter from a variety of angles. It brings together editors and authors from the bench, the bar and academia coming from all over Europe, the US and Japan. This book is a must-have for everyone who has an interest in international IP litigation.' - Klaus Grabinski, Justice, Federal Court of Justice (Bundesgerichtshof), Germany 'This volume makes an important contribution to our understanding of the contours of intellectual property protection through a critical examination of the global trend to adjudicate IP disputes in specialized courts. The editors have assembled an extraordinary group of scholars, practitioners and judges to compare their experiences with various adjudicatory structures.' - Rochelle Dreyfuss, New York University, School of Law, US Intellectual Property and the Judiciary examines the role of judges in the development, interpretation, and application of intellectual property (IP) law and norms. In this regard, the authors engage in a comparative analysis of various national, European and international court systems while also exploring the competing and complementary roles of legislators and executive actors. Each chapter seeks to capture the comparative institutional advantages of government bodies within existing legal frameworks as well as offering a thorough examination of both the common law and civil law traditions in the context of judicial treatment of IP. The result is a series of proposals relating to the architecture of judiciaries and the functional role of judges with the goal of optimally positioning jurists to address complex issues and advance IP doctrine and policy. Featuring high-level authors from both academia and practice, the book will be of great interest to academic researchers and practicing lawyers who have a focus on IP. It will be of particular value to those who are engaged in the rapidly changing enforcement environment of intellectual property rights. Contributors include: V. Cassiers, M. Ekvad, S. Frankel, C. Geiger, D. Gervais, S. Granata, J. Griffiths, E. Izyumenko, T. Kandeva, S. Lugienbuehl, B. Lynn, S. Martin, C. Mulder, M.O. Muller, C. Nard, K. O'Malley, C.S. Petersen, A. Plomer, J. Schovsbo, X. Seuba, A. Strowel, T. Takenaka, A. von Muhlendahl, G. Wurtenberger, P. Yu

Modern Intellectual Property Law (Hardcover, 3rd edition): Jonathan Galloway, Daithi MacSithigh, Andrew Griffiths, Aisling... Modern Intellectual Property Law (Hardcover, 3rd edition)
Jonathan Galloway, Daithi MacSithigh, Andrew Griffiths, Aisling McMahon
R5,300 Discovery Miles 53 000 Ships in 12 - 17 working days

Modern Intellectual Property Law combines coverage of each intellectual property right granted for creations of the mind into a thoughtful, unified textbook. Deconstructing the fundamental topics into short, clear sections separated by subheadings throughout, Colston and Galloway's text is the ideal student companion to this intriguing area of the law.

This third edition has been completely revised to bring it up to date with the latest debate and changes to the law. All significant recent developments are covered including the continuing controversy over patents for computer-implemented inventions and biotechnological inventions, the House of Lords' developments of patent law, the ECJ jurisprudence relating to trade mark dilution and comparative advertising, as well as the database right, and international efforts to reconcile copyright with peer-to-peer file sharing. This text also discusses the ongoing effort to achieve an appropriate balance between intellectual property and competition law in order to protect market competition while retaining key incentives to drive the process of innovation.

Written for students, this accessible and comprehensive textbook provides the perfect starting point for anyone studying intellectual property law in the UK.

Cultivating Copyright - How Creators and Creative Industries Can Harness Intellectual Property to Survive the Digital Age... Cultivating Copyright - How Creators and Creative Industries Can Harness Intellectual Property to Survive the Digital Age (Paperback)
Bhamati Viswanathan
R1,245 Discovery Miles 12 450 Ships in 9 - 15 working days

Creators and creative industries are struggling to navigate the digital age. Intellectual property rights, including copyrights, trademarks, and patents, offer invaluable tools to help creative industries remain viable and sustainable. But to be fully effective, they must be considered as part of a greater ecosystem. Cultivating Copyright offers a framework for tailoring flexible strategies and adaptive solutions suited to diverse creative industries. Tailored solutions entail change on four fronts: business models and strategies, legal policies and practices, technological measures, and cultural and normative features. Creating strong creative industries through tailored solutions serves critical functions: promoting richly varied artistic endeavors and supporting democratic flourishing.

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