Although the European harmonisation of trademark law started more than two decades ago and is now quite robust, heretofore practitioners have had no easily accessible and comprehensive description and analysis of this regime to rely upon in their work, despite the existence of commentaries of the Directive and Regulation on trademarks. Now, European Trademark Law describes all relevant developments in both legislation and case law, in particular of the Court of Justice, offering not only a succinct introduction to the theory, structure and nature of trademark law, but also insightful suggestions for resolving and answering a host of practical problems. As the authors note, their book provides an 'overview of trademark law rather than an overview of trademark legislation.' The authors view the law from different perspectives; they take both the European perspective and the perspective from harmonised national trademark law, in particular as it is in the Benelux countries. Paying particular attention to the implications of the considerable stream of case law that has followed from partially new doctrines set in place by the harmonization process, the book greatly clarifies the workings and interrelations of such factors as the following: * situations that did not constitute infringement under former trademark law but do constitute infringement today and vice versa; * different types of marks and their particularities; * registration and opposition procedures; * relevant international treaties; * requirements for the mark; * grounds for refusal and invalidity; * scope of and limitations to trademark protection; * use of trademarks in comparative advertising; * referential use of trademarks; * use of trademarks on the internet; * exhaustion of rights, parallel trade; * concepts of well known trademarks and trademarks with a reputation; * procedural aspects of enforcing trademark rights; * how trademark rights are lost. The analysis also covers specific aspects of the trademark right that are related to other legal areas, such as property law, trade name law, the law regarding geographical indications of origin, copyright law, competition law, and product liability. An especially valuable part of the book's presentation follows the 'life' of a trademark from filing the application up to and including its cancellation, revocation or invalidity. Intellectual property lawyers, judges, academics and in-house counsel will greatly appreciate this very useful guide to the current state of trademark law practice in Europe.

Translational Medicine: Tools and Techniques provides a standardized path from basic research to the clinic and brings together various policy and practice issues to simplify the broad interdisciplinary field. With discussions from academic and industry leaders at international institutions who have successfully implemented translational medicine techniques and tools in various settings, readers will be guided through implementation strategies relevant to their own needs and institutions. The book also addresses regulatory processes in USA, EU, Japan and China. By providing details on omics sciences techniques, biomarkers, data mining and management approaches, case reports from industry, and tools to assess the value of different technologies and techniques, this book is the first to provide a user-friendly go-to guide for key opinion leaders (KOLs), industry administrators, faculty members, clinicians, researchers, and students interested in translational medicine.

Africa is known for its multi-faceted immaterial culture, manifested in highly original music, oral texts, artistic performances and sporting events. These cultural expressions are increasingly regulated by intellectual property rights, as orally transmitted stories are written down, traditional songs broadcast and ownership claimed, and sporting activities once part of village life become national media events. This volume brings together an interdisciplinary team of legal experts, anthropologists and literary scholars to explore, from an African point of view, what happens to intangible cultural goods when they are confronted with large-scale commodification and distribution through media technologies, and globalized and divergent judicial systems, institutions and cultural norms. These transformations are observed in contexts that range from Senegalese wrestling contests to beauty pageants in Mali, from Kenyan hip-hop to the Nigerian novel, from the vuvuzela horn to Cameroonian masks. Contributors address the role of the state and the legacy of the European origination of IP laws, as well as the forms of ownership, technologies of mediation and degrees of commercialization that existed pre-colonially in different African societies. Resisting a single narrative of the imposition of a Western legal regime displacing older African modes, a more complex picture is revealed of the intricate interconnections between pirates, artists, communities, governments and international organizations. It is only when local actors embrace technologies and regulations in a specific historical situation that these become influential forces for change. The question raised is not whether international IP norms conform to African practices, nor whether media impose Western styles, but rather what local actors do with these regulations and how both local and Western practices and technologies impact on each other and co-exist. 'Intellectual property (IP) has become central to global governance but we have little idea of how this international legislation plays out on the ground. This pioneering book shows how local actors use IP rather than the other way around. A must-read for anyone interested in intellectual property.' Isabel Hofmeyr, Visiting Global Distinguished Professor, New York University; Professor of African Literature, University of the Witwatersrand 'A deeply engaging and evidence-rich analysis of the worlds into which intellectual property law, specifically copyright law, has entered in Africa and its effect on these worlds. This collection illustrates the best of what edited volumes can do: create a diverse, informed, and compelling conversation about a specific yet complex topic.' Dr. Hauke Dorsch, AMA African Music Archives, Johannes Gutenberg Universitat Mainz

This work looks at the theological and philosophical arguments behind the law of patents and copyrights. New problems, such as patents for body parts in biogenetics are also discussed.

Stefan Larsson's Conceptions in the Code makes a significant contribution to sociolegal analysis, representing a valuable contribution to conceptual metaphor theory. By utilising the case of copyright in a digital context it explains the role that metaphor plays when the law is dealing with technological change, displaying both conceptual path-dependence as well as what is called non-legislative developments in the law. The overall analysis draws from conceptual studies of "property" in intellectual property. By using Karl Renner's account of property, Larsson demonstrates how the property regime of copyright is the projection of an older regime of control onto a new set of digital social relations. Further, through an analysis of the concept of "copy" in copyright as well as the metaphorical battle of defining the BitTorrent site "The Pirate Bay" in the Swedish court case with its founders, Larsson shows the historical and embodied dependence of digital phenomena in law, and thereby how normative aspects of the source concept also stains the target domain. The book also draws from empirical studies on file sharing and historical expressions of the conceptualisation of law, revealing both the cultural bias of both file sharing and law. Also law is thereby shown to be largely depending on metaphors and embodiment to be reified and understood. The contribution is relevant for the conceptual and regulatory struggles of a multitude of contemporary socio-digital phenomena in addition to copyright and file sharing, including big data and the oft-praised "openness" of digital innovation.

Academics and practitioners are currently divided on the issues involved in permitting and regulating the commercial exploitation of publicity. 'Publicity' is the practice of using an individual's name, image and reputation to promote products or to provide media coverage, often in gossip magazines and the tabloid press. This book provides a theoretical and multi-jurisdictional review of the nature of publicity practice and its appropriate legal regulation. The book includes a detailed exploration of the justifications advanced in favour of publicity rights and those that are advanced against. Removing the analysis from any one jurisdiction the book examines current academic and judicial perspectives on publicity rights in a range of jurisdictions, drawing out similarities and differences, and revealing a picture of current thinking and practice which is intellectually incoherent. By then clearly defining the practice of publicity and examining justifications for and against, the author is able to bring the nature and shape of the right of publicity into much sharper focus. The book includes a careful consideration of possible limits to any right of publicity, the potential for assigning publicity rights or transferring them post mortem, and whether defences can be offered. The author concludes by arguing for a publicity right which provides a degree of protection for the individual but which is significantly curtailed to recognise valid competing interests. This is a work which will be of interest to academics and practitioners working in the field of publicity, privacy and intellectual property.

The enforcement of patent rights raises complex, and, from a private international law perspective, unique difficulties. Since intellectual property practitioners started to seek the consolidation of cross-border patent disputes, the interplay of private international rules has led to drastic changes in patent litigation across Europe. This book analyses in detail both the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules as they apply to cross-border patent disputes, and will be essential reading for both intellectual property lawyers and international commercial litigation specialists.

Here is one of the first books specifically geared for legal practitioners involved in liability arising out of participation in professional and amateur athletics. In a lively and highly readable manner, Yasser applies tort law principles to a wide variety of sports cases--from such publicized cases as Dale Hackbart v. Boobie Clark, Rudy Tomjanovich v. The Los Angeles Lakers, and Bill Walton v. Dr. Cook to the more obscure such as Virgil v. Time Inc. and Spahn v. Julian Messner Inc. In each he expertly underscores relevant, useful information that can be used in daily practice. The author, a torts professor and sports fan, examines in a sports setting such torts as negligence, products liability, and intentional interference with contractual relations. In each chapter, Professor Yasser prints edited versions of the landmark sports cases, takes an in-depth look at one major legal issue, and provides a broad summary of the law and a bibliography. "Harvard Law RevieW"

Here is one of the first books specifically geared for legal practitioners involved in liability arising out of participation in professional and amateur athletics. In a principles to a wide variety of sports cases and expertly underscores relevant information that can be used in daily practice. In each chapter, he systematically covers a particular situtation, giving a complete perspective of every aspect. Introductory comments outline the germane substantive law and set the stage for the case and materials section. Landmark cases are reviewed and Yasser takes an indepth look at an important case or issue. To round out the chapter, he raises points that are pertinent to the subject matter and provides a bibliography of outstanding legal literature.

Protection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the benefits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R&D) and social protection are inadequate, whereas the cost of innovation is high. Today, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation. This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, including its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies. The continuing international debate over IPRs is examined in depth, as are TRIPS rules and the controversy about implementing the 'flexibilities' of the Agreement in the light of national policy objectives. The author concludes that for governments in developing countries, as well as for their business and scientific communities, a great deal depends on domestic policy objectives and their implementation. IPR protection should be supporting domestic policies for innovation and investment. This, in turn requires a re-casting of the debate about TRIPS, to place cooperation in global and efficient R&D at the heart of concerns over IPR protection.

A complete description of the copyright laws applicable in the United States of America, produced by the Government. This is the revised edition of December 2011, the most up to date at time of publishing.

The book examines the protection of property rights in chattels through the law of torts, focusing on the four actions of conversion, detinue, trespass and negligence. Traditionally these actions have been governed by arcane divisions which have led to unnecessary complexity and arbitrariness. The principal argument made in the book is that significant developments in the modern law point towards abolition of these arcane divisions and permit the chattel torts to be understood by reference to a coherent and justifiable structure. It is argued that the only division which should be drawn in the modern chattel torts is between intentional interferences with chattels, where liability is strict, and unintentional interferences with chattels, where liability is fault based. In order to demonstrate this structure it is first argued that the actions of conversion, detinue and trespass amount, in substance, to a single cause of action which imposes strict liability for the intentional interference with another's chattel. It is then argued that the tort of negligence recognises a fault-based cause of action for the unintentional interference with another's chattel. It is further argued that this basic structure, unlike the arcane divisions which have traditionally governed this area of law, can be justified.

This volume provides thorough coverage of some troublesome and seldom clarified issues that affect scholars who deal with nonprint media. When is it legitimate in teaching or publishing to "quote" a visual image from television, film or printed graphics? To quote the lines from a musical lyric? Why has the long tradition of fair use for printed material, which sanctions quoting without permission, been so slow in its extension to other media? How can scholars and publishers prudently behave in an area where media corporations are uncooperative or belligerent in dealing with requests to document arguments through the inclusion of copyrighted materials? This book offers a forum where scholars, lawyers, archivists, and federal administrators of copyright law express informed viewpoints about these issues.

Intended for both business people and legal practitioners, this book offers a practical conceptual framework for the analysis and implementation of cross-border technology transactions, as well as alerting potential parties to technology transfers to the salient issues they should systematically confront and resolve as they seek to structure and implement their transaction. Particular attention is devoted to the identification of traps in the path of successful international-technology transfer. The term "technology" is used in the book in its broadest possible sense, including what in some countries is referred to as "industrial property" and encompassing all legal categories of intellectual property, such as copyrights, trademarks, patents, know-how and trade secrets. The book applies an interdisciplinary approach to a complex and interdisciplinary subject and seeks to harmonize the frequently divergent perspectives that business people and lawyers bring to technology transactions. The topics covered include intellectual-property regimes and how to safeguard one's proprietary rights in technology; contractual provisions; tax structures and tax implications of technology-transfer transactions; and conflicts of law, choice of law and dispute resolution in the international technology-transfer context.

This special issue of Studies in Law, Politics, and Society focuses on the issue of copyright. The papers contain critical analysis and investigation into existing copyright law and provide insight for policymakers and commentators. The papers contain a range of analyses on issues of copyright. Highlights of the volume include the an examination of three difference aspects of the 1976 Copyright Act, focusing on fair use, statutory damage and formalities; an interesting analysis of the distinction between authentic and 'inauthentic' drawing on the examples of authenticated artwork and counterfeit luxury goods; and an everyday narrative of copyright by examining the laymen understanding of the term, based on comments sections of websites where users post their reactions to copyright-related stories.

How has the legal system used its traditional body of copyright and patent law to protect rights in computer software? The last 15 years have changed the entire landscape with regard to the creation and protection of software as intellectual property. Written by a computer expert with extensive participation in some of the most important software trials of the period, this book invites you to think critically about significant software issues and learn about the legal pitfalls surrounding software development in the industry today. The book is organized around various legal issues raised by both plaintiffs and defendants in copyright litigation, and the problems of the U.S. Patent & Trademark Office in dealing with the rapid proliferation of applications for software-related patents. The author explains important terms and concepts in software litigation such as infringement, substantial similarity, reverse engineering, the merger defense, and "look and feel". Galler's book is a succinct, readable survey for computer professionals, nonlegal academics, and lawyers who need a fast summary of the critical issues and cases in software and intellectual property matters.

The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.

This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property.The first part discusses the allocation of liability for infringement of antitrust laws between corporations and individuals. The book explores the criminal or administrative sanctions available against corporations, companies or group of companies, and individuals, such as employees or directors. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study of this complex and challenging subject. The second part examines whether intellectual property rights are sufficiently protected to ensure a fair return on investments made by manufacturers and distributors. This question comes at a time where distribution is facing deep and radical changes with the Internet. To what extent this is an opportunity or a threat to the sustainability of distribution systems of differentiated and IP protected goods is the question. This book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

Digital technology has made culture more accessible than ever before. Texts, audio, pictures and video can easily be produced, disseminated, used and remixed using devices that are increasingly user-friendly and affordable. However, along with this technological democratization comes a paradoxical flipside: the norms regulating culture's use - copyright and related rights - have become increasingly restrictive. This book brings together essays by academics, librarians, entrepreneurs, activists and policy makers, who were all part of the EU-funded Communia project. Together the authors argue that the Public Domain - that is, the informational works owned by all of us, be that literature, music, the output of scientific research, educational material or public sector information - is fundamental to a healthy society. The essays range from more theoretical papers on the history of copyright and the Public Domain, to practical examples and case studies of recent projects that have engaged with the principles of Open Access and Creative Commons licensing. The book is essential reading for anyone interested in the current debate about copyright and the Internet. It opens up discussion and offers practical solutions to the difficult question of the regulation of culture at the digital age.

This book comprises chapters by leading international authors analysing the interface between intellectual property and foreign direct investment, development, and free trade. The authors search for a balance between the conflicting interests that inherently coexist in intellectual property law. The chapters dig deep into the subjects and notions that have become central in international intellectual property legal developments: i) flexibility, public interest and policy-space for implementation; ii) interfaces between the intellectual property regime and other legal regimes; and iii) the development of international intellectual property law and its influence on national legal orders, which includes the implementation of intellectual property undertakings.

The volume Planning for Death: Wills and Death-Related Property Arrangements in Europe, 1200-1600 analyses death-related property transfers in several European regions (England, Poland, Italy, South Tirol, and Sweden). Laws and customary practice provided a legal framework for all post-mortem property devolution. However, personal preference and varied succession strategies meant that individuals could plan for death by various legal means. These individual legal acts could include matrimonial property arrangements (marriage contracts, morning gifts) and legal means of altering heirship by subtracting or adding heirs. Wills and testamentary practice are given special attention, while the volume also discusses the timing of the legal acts, suggesting that while some people made careful and timely arrangements, others only reacted to sudden events. Contributors are Christian Hagen, R.H. Helmholz, Mia Korpiola, Anu Lahtinen, Marko Lamberg, Margareth Lanzinger, Janine Maegraith, Federica Mase, Anthony Musson, Tuula Rantala, Elsa Trolle OEnnerfors, and Jakub Wysmulek.

Multimedia technology is a key component of the digital society. This book comprehensively examines the extent to which copyright and database right protect multimedia works. It does so from the perspective of UK law, but with due attention being paid to EU law, international treaties and comparative developments in other jurisdictions, such as Australia and the U.S. The central argument of the book is that the copyright and database right regimes are, for the most part, flexible enough to meet the challenges presented by multimedia. As a result, it is neither necessary nor desirable to introduce separate copyright protection or unique protection for multimedia works. This important and original new work will be essential reading for any lawyer engaged in advising on intellectual property matters relating to the new media industries, and scholars and students working in intellectual property and computer law.

The Internet Age has dramatically increased the importance of intellectual property rights. Disputes over domain names, shared music files, spam and cybersquatting are only a few examples of the matters now prominent in the news. Mark V.B. Partridge, a seasoned lawyer who advises major corporations on these issues everyday, explains in the articles collected in Guiding Rights the laws and principles shaping these important rights. Partridge's writing is clear and direct, emphasizing the fundamental principles that provide a firm foundation for the core concerns of copyright and trademark law. He also shares practical tips gleaned from many years of experience on how to avoid pitfalls and achieve success in litigation. By avoiding legalese or detailed statutory construction, Partridge quickly identifies the key points necessary for anyone desiring a better understanding of the law guiding the rights of authors, business and entrepreneurs on the Internet. Lawyers and non-lawyers alike will profit from this useful collection.