|
|
Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law
In Antitrust Law and Intellectual Property Rights: Cases and
Materials, Christopher R. Leslie describes how patents, copyrights,
and trademarks confer exclusionary rights on their owners, and how
firms sometimes exercise this exclusionary power in ways that
exceed the legitimate bounds of their intellectual property rights.
Leslie explains that while substantive intellectual property law
defines the scope of the exclusionary rights, antitrust law often
provides the most important consequences when owners of
intellectual property misuse their rights in a way that harms
consumers or illegitimately excludes competitors. Antitrust law
defines the limits of what intellectual property owners can do with
their IP rights. In this book, Leslie explores what conduct firms
can and cannot engage in while acquiring and exploiting their
intellectual property rights, and surveys those aspects of
antitrust law that are necessary for both antitrust practitioners
and intellectual property attorneys to understand. This book is
ideal for an advanced antitrust course in a JD program. In addition
to building on basic antitrust concepts, it fills in a gap that is
often missing in basic antitrust courses yet critical for an
intellectual property lawyer: the intersection of intellectual
property and antitrust law. The relationship between intellectual
property and antitrust is particularly valuable as an increasing
number of law schools offer specializations and LLMs in
intellectual property. This book also provides meaningful material
for both undergraduate and graduate business schools programs
because it explains how antitrust law limits the marshalling of
intellectual property rights.
Written on the occasion of copyright's 300th anniversary, John
Tehranian's Infringement Nation presents an engaging and accessible
analysis of the history and evolution of copyright law and its
profound impact on the lives of ordinary individuals in the
twenty-first century. Organized around the trope of the individual
in five different copyright-related contexts - as an infringer,
transformer, pure user, creator and reformer - the book charts the
changing contours of our copyright regime and assesses its vitality
in the digital age. In the process, Tehranian questions some of our
most basic assumptions about copyright law by highlighting the
unseemly amount of infringement liability an average person rings
up in a single day, the counterintuitive role of the fair use
doctrine in radically expanding the copyright monopoly, the
important expressive interests at play in even the unauthorized use
of copyright works, the surprisingly low level of protection that
American copyright law grants many creators, and the broader
political import of copyright law on the exertion of social
regulation and control.
Drawing upon both theory and the author's own experiences
representing clients in various high-profile copyright infringement
suits, Tehranian supports his arguments with a rich array of
diverse examples crossing various subject matters - from the
unusual origins of Nirvana's "Smells Like Teen Spirit," the
question of numeracy among Amazonian hunter-gatherers, the history
of stand-offs at papal nunciatures, and the tradition of judicial
plagiarism to contemplations on Slash's criminal record, Barbie's
retrousse nose, the poisonous tomato, flag burning, music as a form
of torture, the smell of rotting film, William Shakespeare as a man
of the people, Charles Dickens as a lobbyist, Ashley Wilkes's
sexual orientation, Captain Kirk's reincarnation, and Holden
Caulfield's maturation. In the end, Infringement Nation makes a
sophisticated yet lucid case for reform of existing doctrine and
the development of a copyright 2.0."
South African Law of Succession and Trusts: The Past Meeting the
Present and Thoughts for the Future comprises papers that were
presented at a conference held in September 2012 at the University
of Cape Town. The conference participants examined the considerable
developments that have occurred in the areas of succession and
trusts. The book contains an interesting array of contributions
that deal with aspects of `mainstream' succession and trust law. In
addition, in keeping with the constitutional recognition of African
customary law and different systems of personal law, several
contributions deal with the relevance of African customary law and
religious law in contemporary South Africa, as well as with the
harmonisation of divergent legal systems.
PUT YOUR HOUSE IN ORDER NOW WHILE YOU STILL CAN AND HELP YOUR LOVED
ONES, EXECUTORS AND ATTORNEYS IN THE FUTURE Coping with your death
or the diagnosis of a serious illness is bad enough, but having to
make difficult decisions on your behalf can add further stress and
heartache for your loved ones. State your preferences for the
future now, and save them the extra heartache. My House is in Order
will help you to eliminate the usual problems, doubts and arguments
that inevitably arise when the time comes to act upon your Will or
Lasting Power of Attorneys. The best made plans alone are very
often not enough, there are always other problems and
considerations to think of. My House is in Order will help you
prevent the following from happening: Executors struggling to find
all of your information Executors not sure of their duties or what
to do first Family squabbles and feuds Executors & Attorneys
doubting their own decisions Attorneys wondering what you would
have preferred Forgetting about certain treasured possessions and
pets Making the wrong funeral arrangements Having to pay unexpected
taxes and bills Stephen James Drury has been helping and advising
clients to preserve and protect their estates for the last 30
years.
This work is the undisputed authority in its field. In the two
decades since it was first published in 1980, two supplements were
produced to update the contents. The long-awaited second edition
incorporates the important legislation relating to wills and
intestate succession enacted over the last twenty years, and takes
note of significant judgments and new literature on the subject. It
reflects the law as at 1 June 2001. Authored by a former Chief
Justice of South Africa, a practising senior counsel and an eminent
academic, The Law of Succession in South Africa draws on an
unusually wide range of legal experiences. It should form part of
every law library. Indispensable work of reference. Comprehensive
discussion of all aspects of the law of succession. Includes
chapters on litigation in succession matters. Deals with the
conflict of laws.
Ninety-three per cent of people who have made a will in the UK have
not included any provision for their digital assets when they die.
It is therefore vital that all practitioners involved in drafting
wills and estate planning discuss with their clients what will
happen to their digital estate on their death. This book explains
the practical and legal aspects of planning for and administering a
digital estate: * what constitutes a digital asset; * digital
assets and the law; * how to consider digital assets when drafting
wills; * dealing with digital assets after death; * the
digitisation of wills and will signing; and * financial abuse and
digital assets. The book provides guidance and precedents for
dealing with digital assets when drafting wills and also covers
issues such as the risks for solicitors, data security, access
rights and valuing digital assets. A template for a digital assets
inventory is also included.
Owning the Masters provides the first in-depth history of sound
recording copyright. It is this form of intellectual property that
underpins the workings of the recording industry. Rather than being
focused on the manufacture of goods, this industry is centred on
the creation, exploitation and protection of rights. The
development and control of these rights has not been
straightforward. This book explores the lobbying activities of
record companies: the principal creators, owners and defenders of
sound recording copyright. It addresses the counter-activity of
recording artists, in particular those who have fought against the
legislative and contractual practices of record companies to claim
these master rights for themselves. In addition, this book looks at
the activities of the listening public, large numbers of whom have
been labelled 'pirates' for trespassing on these rights. The public
has played its own part in shaping copyright legislation. This is
an essential subject for an understanding of the economic, artistic
and political value of recorded sound.
"This book is a classic... its style and content remain
invaluable." Entertainment Law Review This is the new edition of a
unique book about intellectual property. It is for those new to the
subject, both law students and others such as business people
needing some idea of the subject. It provides an outline of the
basic legal principles, educating the reader as to the shape of the
law. Critically, it also gives an insight into how the system
actually works. You cannot understand chess by merely learning the
rules - you also have to know how the game is played: so too with
intellectual property. The authors deliberately avoid
technicalities: keeping things simple, yet direct. There are no
footnotes to distract. Although cases are, inevitably, referred to,
they are explained in a pithy, accessible manner. All major areas
of IP - patents, trade marks, copyright and designs - are covered,
along with briefer treatment of other rights and subjects such as
breach of confidence, plant varieties and databases. A novice
reader should come away both with a clear outline of IP law and a
feeling for how it works. Students will be able to put their more
detailed study into perspective. Users will be able to understand
better how IP affects them and their businesses.
At a time when Asia represents the fastest growing economic region,
there is no better moment to consider what trusts law can
contribute to societal stability and economic prosperity. This book
does this by offering the first work that systematically explores
trusts law across the region. Many Asian-Pacific jurisdictions have
integrated and developed trusts law in their legal systems; either
through colonial heritage or statutory activism. But the diversity
of legal traditions and local contexts has resulted in trusts laws
having a significantly varied impact across the region. In the
modern globalised world there is growing need to adopt an outward
looking approach in dealing with matters of common interest. This
book answers this need by bringing together leading legal scholars
and practitioners in the region to explore the theory and practice
of trusts law, contextualised to specific jurisdictions in the
Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an
academic and practitioner perspective to trusts law in the region.
The music business is a multifaceted, transnational industry that
operates within complex and rapidly changing political, economic,
cultural and technological contexts. The mode and manner of how
music is created, obtained, consumed and exploited is evolving
rapidly. It is based on relationships that can be both
complimentary and at times confrontational, and around roles that
interact, overlap and sometimes merge, reflecting the competing and
coinciding interests of creative artists and music industry
professionals. It falls to music law and legal practice to provide
the underpinning framework to enable these complex relationships to
flourish, to provide a means to resolve disputes, and to facilitate
commerce in a challenging and dynamic business environment. The
Present and Future of Music Law presents thirteen case studies
written by experts in their fields, examining a range of key topics
at the points where music law and the post-digital music industry
intersect, offering a timely exploration of the current landscape
and insights into the future shape of the interface between music
business and music law.
In The Investment Game in Private Equity, Mika Lehtimaki discusses
the legal and contractual relationship between investors and
managers of private equity funds as well as the economic incentives
governing their relationship. Based on this analysis he sets out a
game-theoretical framework for evaluating the role of regulation
and contract in asset management. He argues that the contractual
'investment game' between the parties, noting their outcome
maximisation objective, results in much of the current fund
regulation being non-optimal from the investor perspective. This
means that the parties are able to control, subject to
qualifications relating to the bargaining process, their
relationship and the protect their interests contractually instead
of resorting to extensive regulation.
|
|