Although Mexico lost its northern territories to the United States in 1848, battles over property rights and ownership have remained intense. This turbulent, vividly narrated story of the Maxwell Land Grant, a single tract of 1.7 million acres in northeastern New Mexico, shows how contending groups reinterpret the meaning of property to uphold their conflicting claims to land. The Southwest has been and continues to be the scene of a collision between land regimes with radically different cultural conceptions of the land's purpose.
We meet Jicarilla Apaches, whose identity is rooted in a sense of place; Mexican governors and hacienda patrons seeking status as New World feudal magnates; "rings" of greedy territorial politicians on the make; women finding their own way in a man's world; Anglo homesteaders looking for a place to settle in the American West; and Dutch investors in search of gargantuan returns on their capital. The European and American newcomers all "mistranslated" the prior property regimes into new rules, to their own advantage and the disadvantage of those who had lived on the land before them. Their efforts to control the Maxwell Land Grant by wrapping it in their own particular myths of law and custom inevitably led to conflict and even violence as cultures and legal regimes clashed.

'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington DC (July 2010). This volume contains the General Report and 20 National Reports covering the US, Canada, Japan, Korea, India, and a number of European countries (Austria, France, Germany, UK, Spain, etc). The General Report was prepared on the basis of the National Reports. The national reporters not only describe the existing legal framework, but also provide answers to 12 hypothetical cases concerning international jurisdiction, choice-of-law, and recognition and enforcement of foreign judgments in multi-state intellectual property (IP) disputes. Based on their answers, the main differences between legal systems - as well as the shortcomings of the cross-border enforcement of IP rights - are outlined in the General Report. The Reports in this volume analyze relevant court decisions, as well as recent legislative proposals, such as the ALI, CLIP, Transparency, Waseda, and Korean Principles. The book is therefore a significant contribution to the existing debate in the field, and it will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context. (Series: Studies in Private International Law - Vol. 10)

Personal Property law is probably the most important and yet the most neglected and least understood aspect of English law. Historically, Personal Property law was neglected because it was commonly, but misleadingly, regarded as belonging to a number of entirely separate legal categories. The recent growth of specialist literature in this area is indicative of the increasing awareness of the importance of personal property law by practitioners.

Personal Property: Text and Materials addresses the problem of the near invisibility of personal property law within the law curriculum by producing an integrated casebook that covers both the underlying philosophy and concepts of personal property law and the impact of evolving business practices on the development of the law. The book is inspired by a determination to produce a concept orientated approach to the study of personal property law, avoiding the specific-contract approach to the subject that has hitherto impoverished the study of the concepts and philosophy of personal property law in the United Kingdom.

The book is aimed at undergraduate law students in commercial law courses as well as students in integrated property law courses. By considering all the branches of law that touch commercial transactions such as equity, trusts, property law and restitution, Personal Property: Text and Materials, is also ideal for students studying postgraduate commercial law programs who may or may not have qualifying law degrees.

Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. People with lifelong or subsequently developed impairments of capacity move cross-border or have property or family interests or connections spread across different jurisdictions. This new work fills a gap in a specialist market for a detailed work advising lawyers on all the considerations in these situations. The book provides a clear, comprehensive, and unique overview of all relevant capacity and private international law issues, and the existing solutions in common law and civil law jurisdictions and under Hague Convention XXXV. It sets out the existing law of various important jurisdictions, including detailed chapters on the constituent parts of the UK, Ireland, Jersey, the Isle of Man and the Hague 35 states; and shorter chapters on 26 Non-Hague states and those within federal states, including coverage of the United States, several Australian and Canadian states, and a number of other Commonwealth jurisdictions. Containing a number of helpful case studies and flowcharts, the book draws upon the expertise of the editors in their respective fields, together with detailed contributions from expert practitioners and academics from each relevant jurisdiction. All the editors and many of the contributors and correspondents are members of STEP.

The resulting trust has received little attention in recent years and this may be because, until relatively recently, the law relating to resulting trusts was thought to be settled and uncontroversial. Most of the current academic writing about resulting trusts is found in the established textbooks on equity and trusts, but these tend to provide little more than catalogues of the situations in which resulting trusts arise. There is, however, very little consensus on the principle by which the resulting trust operates, including the fundamental question whether it arises by opertaion of law or depends on the presumed intention to create a trust. This book examines the true nature of the resulting trust and the question whether the trusts brought into being to reverse unjust enrichment should not include resulting trusts. It then considers whether, when resulting trusts are properly understood, it does turn out that it is through the resulting trust that equity makes its principle contribution to reversing unjust enrichment. This book examines principally the case law of the UK, Canada and Australia, and it also makes reference to the views of academic commentators as found in the standard texts and law journals.

In recent years intellectual property rights (IPR) took on major significance as an element of global trade regulation. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) at the World Trade Organization (WTO) obliges member countries to protect patents, copyrights, trademarks, and trade secrets. This mandate has great impact in developing nations, which had generally weaker IPR standards prior to TRIPS and subsequent agreements. This emerging international regime for protecting IPR raises thorny questions about how the new rules of the game might affect fundamental economic processes, including innovation, trade and economic development.
The governments of many developing countries see the new regime as excessively protectionist and an impediment to their development prospects. They perceive potential problems with abusive monopoly practices, high costs for new medicines, and limited access to scientific and educational materials. Indeed, it is ironic that during a time of significant global liberalization of trade and investment barriers, the IPR system may be raising restrictions on access to the very technology flows that could substantiate the gains from greater trading opportunities.
However, expansion of the global IPR regime also bears potential for economic gains. It is possible that the new system will encourage additional investments in R&D and innovation. The ongoing internationalization of commercial R&D could be accelerated. Such investments might increasingly meet the medical, agricultural, and educational needs of people in poor countries. The regime could also improve the mechanisms under which new information goods are transferredacross borders, expanding the possibilities for fruitful diffusion of technologies.
The implications of these reforms will be far-reaching, complex and hard to predict. It is possible, for example, that stronger patents will simply redistribute incomes across nations, generating significant winners and losers without much overall innovation gains. It is also possible that R&D investments could become more concentrated among the developed and newly industrialized economies but bypass the poorer locations. Ultimately, all such questions need close theoretical and empirical scrutiny.
In this volume several economists who are closely involved in such analysis offer comprehensive and analytical literature surveys of the central questions regarding the linkages between intellectual property protection, international trade and investment, and economic growth. The authors range widely over their particular areas of inquiry. At the international level the contributions cover such questions as policy coordination in IPR, dispute resolution, markets for technology and technology transfer, international innovation, parallel trade, and economic development. On the regulatory side there are thoughtful reviews of the legal foundations of IPR, knowledge creation and the public domain, networks and standards, competition policy, access to essential medicines, and agricultural research.
The contributions are aimed primarily at economists, who will find ambitious and up-to-date treatments of the most central areas of IPR and globalization. The chapters analyze recent literature, discuss shortcomings and key findings, and indicate where additional research is urgently needed. However, scholarsof other disciplines, particularly in law, political science, and international relations, will find much of interest as well. The literature reviews also constitute a valuable resource for students in all these fields who wish to learn more about the economics of international IPR.
*Brings together fresh insights from top economists.
*Considers various aspects of IPRs in the global economy from analytical and empirical perspectives.
*Areas covered include information technology, trade, investment, agriculture, medicine, firm behavior, and development.

Copyright governance is in a state of flux because the boundaries between legal and illegal consumption have blurred. Trajce Cvetkovski interrogates the disorganizational effects of piracy and emerging technologies on the political economy of copyright in popular music, film and gaming industries.

This book critically evaluates the current copyright law system in a digital environment from a comparative perspective. Since many developing countries modelled their copyright laws on more advanced jurisdictions, they have not benefitted from such a law as much as intended due to their inherently embedded social economic conditions. Moreover, the copyright law system has been under constant challenges from rapidly developing digital technology and the Internet. All in all, there is a pressing need for developing countries to reevaluate their copyright law in light of their national needs, the developmental stage of their economy, their culture and tradition, and their legal system. The book poses the question of whether copyright law should be reformed to fulfill its fundamental purpose of serving education and research that are in the public interest in the digital era? It examines whether the legal frameworks adequately address developing countries' educational and research requirements in view of the opportunities and restrictions posed by electronic communication media. Further, it provides a comprehensive study that addresses the various critical issues relevant to the reform of the copyright law system and offers recommendations for developing countries to revamp their copyright law system to better serve their education and research sector.

Digital technologies have transformed the way many creative works are generated, disseminated and used. They have made cultural products more accessible, challenged established business models and the copyright system, and blurred the boundary between producers and consumers. This unique resource presents an up-to-date overview of academic research on the impact of digitization in the creative sector of the economy. In 37 chapters, this coherent volume brings together contributions by experts on many aspects of digitization in the creative industries. With its interdisciplinary approach and detailed studies of digitization in the arts, media and cultural industries, the Handbook provides accessible material for a range of courses. It will be thought-provoking reading for academics, researchers, students and policy-makers interested in progress in the creative economy. Contributors include: P. Arora, K. Atladottir, P. Bakker, J. Banks, W.J. Baumol, C. Bekar, A. Bruns, S. Cunningham, P. Di Cola, G. Doyle, K. van Eijck, J. Farchy, M. Favale, T. Flew, M. Gansemer, P. Goodridge, C. Handke, E. Haswell, A. Henten, R.M. Hilty, F. Homberg, R. Inglehart, A. Johansson, A. Katz, H. van Kranenburg, M. Kretschmer, M. Latzer, S.J. Liebowitz, M. Majorana, D. Mendis, F. Muller-Langer, T. Navarrete, S. Nerisson, P. Norris, J. Petrou, J. Poort, J. Potts, A. Pratt, M. Scheufen, N. Searle, D. Secchi, P. Stepan, A. Swift, R. Tadayoni, R. Towse, P. Tschmuck, F. Vermeylen, P. Waelbroek, R. Watt, G. White, P. Wikstrom, G. Withers, R. van der Wurff, G.W. Ziggers

This book is a comprehensive guide to the development and utilization of authorial moral rights across the key jurisdictions of the English-speaking world and in France and Germany. In recent years, the copyright statutes of the common law countries have been expanded by the introduction of provisions dealing with purely authorial rights - moral rights.
The Moral Rights of Authors and Performers discusses the historical development of the rights in Europe, with particular reference to France and Germany, and shows the growth of moral rights theory and legislative coverage up to the late 1930s. During the 1920s the moral rights of authors became the subject of international protection, particularly through the operation of the Berne Convention for the Protection of Literary and Artistic Works. The book explores the adoption of moral rights into this and other international instruments, explaining the functions that moral rights were intended to perform.
The author gives detailed accounts of the operation of moral rights in France and Germany today, addressing both statutory interpretation and doctrinal issues. The provision of case studies gives an impression of the rich jurisprudence associated with the rights in these countries.
The book also contains a detailed discussion of the versions of moral rights that have become entrenched in Canada, the UK, the US and Australia, with each country considered independently. It deals separately with the introduction of the rights into each country and their operation and interpretation by courts and commentators. Material on common law analogues to the rights is provided, which indicates alternative actions that practitionersmight take. Problems of cross-jurisdictional legal proceedings (especially arising from technological transfer of information) are also addressed, with moral rights protection elsewhere in the world summarized in tabular form.

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.

Private Law and Property Claims sets out a distinctive analysis of some general issues in private law, including the nature of categories such as contract, tort, property, duties, and liabilities as the basis of claims in private law, and the relationship between primary rights and remedies. In the light of this analysis, the book offers a new approach to property in private law, including claims that arise to protect and recover property. It goes on to discuss the law of trusts, fiduciary relationships, and tracing; the remedial role of the trust; the nature of equity as a legal category; and the relationship between property and claims in tort to protect property. Private Law and Property Claims also exposes the misconceptions underlying the modern approach to restitution and unjust enrichment, and the problems this is causing in private law.

This book addresses the recent debate about copyright law and its impact on the distribution of scientific knowledge from an economic perspective. The focus is on the question whether a copyright regime or an open access regime is better suited to the norms and organizational structure in a purely global science community. The book undertakes a thorough economic analysis of the academic journal market and showcases consequences of a regime change. It also takes account of the Digital Divide debate, reflecting issues in developing countries. Finally, a comprehensive analysis of legal action in the light of international Intellectual Property (IP) agreements offers prospects on the future of academic publishing.

This book provides a better understanding of how intellectual property can improve economic and business performance. It focuses on three particular issues: the valuation of patents, the transfer of knowledge, and the management of innovation and intellectual property. Scholars from leading worldwide institutions use quantitative methods and advanced survey techniques to explore the complex relationship between patents, innovation, venture capital and scientific research. The book focuses on three broad issues: the valuation of patents, the transfer of knowledge, and the management of innovation and intellectual property.

Since the introduction of personal computers, software has emerged as a driving force in the global economy and a major industry in its own right. During this time, the U.S. government has reversed its prior policy against software patents and is now issuing thousands of such patents each year, provoking heated controversy among programmers, lawyers, scholars, and software companies. This book is the first to step outside of the highly-polarized debate and examine the current state of the law, its suitability to the realities of software development, and its implications for day-to-day software development.

Written by a former lawyer and working software developer, "Inventing Software" provides a comprehensive overview of software patents, from the lofty perspectives of legal history and computing theory to the technical details and issues of actual patents. People interested in the legal aspect of software patents will find detailed technical analysis of actual patented software, the legal strategies behind the wording of the patents, and an analysis of the ease or difficulty of detecting infringements. Software developers will find ways to integrate patent planning into their standard software engineering practices, and a practical guide for studying and appraising their competitors' patents and safeguarding the value of their own. Intended primarily for programmers and software industry executives and managers, "Inventing Software" will also be useful, illuminating reading for attorneys and software company investors.

It may be said that the beauty of art comes from the struggle that is involved in creating it: struggle to hear the voice, struggle to understand the voice, struggle to express or articulate the voice, struggle to let others hear the voice, and struggle to protect what has been expressed. This book is about the last struggle--to legally protect what has been expressed by appreciating the struggle that has come before. The Legal and Moral Rights of All Artists is a clear, jargon-free explanation of the crucial concepts every artist needs to know, such as copyright, trademark, work-for-hire and other contract issues, as well as the all-important doctrine of moral rights. Drawing on the historical perspective of the artist as the core element of any created work, this book explains the protection available to artists, not only for their works but also for their vision, integrity, and reputation. Filled with anecdotes and practical advice, this book will be an important resource for everyone involved in the creative process.

The comprehensive guide to all the essential legal and business considerations to be taken into account in structuring and negotiating technology-driven corporate alliances. Readers are provided with a clear and concise introduction to the nature and scope of the legal rights relating to new technologies and a framework for evaluating prospective business partners and for identifying the key contracting issues. An indispensable resource for consummating licensing, research and development, manufacturing and distribution, and corporate partnering arrangements, as well as managing relationships with university researchers and raising capital for research activities.

Entrepreneurs, executives, technology managers, lawyers, accountants and researchers will benefit from the step-by-step approach to each technology-driven transaction, beginning with the description of the law of technology and intellectual property; continuing with the initial investigation of the technology which is to be the subject of the transaction and the general contractual components of any transaction; and ending with the essential elements of each relationship, including permitted uses of the technology, compensation, representations and warranties, covenants, closing conditions, indemnification, and the procedures for ensuring that the technology remain a valuable asset for each party. The book covers each of the stages involved in developing, manufacturing, licensing, distributing, and financing technology-based products and will serve as an invaluable and constant resource in making sure that all of the important issues have been considered before the deal is sealed.

Aurora Plomer explores international human rights, and its relevance to battles over intellectual property and science. Her work highlights the need for the benefits of scientific research to be fairly and equitably shared. Her work is an important original contribution to the literature on intellectual property, human rights, and the sociology of science.' - Matthew Rimmer, Queensland University of Technology, Australia'This remarkable book highlights and analyzes the inherent tensions and complementarities of patents with access to science, as materialized in the most prominent international human rights agreements. A must-read for anyone interested in one of the most crucial and debated questions of intellectual property, examined here from the perspective of its fascinating but complex interactions with human rights.' - Christophe Geiger, University of Strasbourg, France 'The relationship between patents, human rights and science raises fundamental questions for innovation and for access to the benefits of scientific endeavour. Yet the complexities of the underlying science and legal environment in which it operates cannot be underestimated. Aurora Plomer deftly navigates this terrain with great clarity and skill. The resulting book is timely, accessible and a thorough scholarly work that demystifies and throws new light on the interface between science and the law.' - Duncan Matthews, Queen Mary University of London, UK The new millennium has been described as 'the century of biology', but scientific progress and access to medicines has been marred by global disputes over ownership of the science by universities and private companies. This book examines the challenges posed by the modern patent system to the right of everyone to access the benefits of science in international law. Aurora Plomer retraces the genesis and evolution of the key Articles in the UN system (Article 27 UDHR and Article 15 ICESCR). She combines the historiography of these Articles with a novel perspective on the moral foundations of rights of access to science to draw out implications for today's controversies on patents in the life-sciences. The analysis suggests that access to science as a fundamental right requires both freedom from political and religious interference and the existence of enabling research institutions and educational facilities which promote the flow of knowledge through transparent and open structures. From this perspective, the global patent system is shown to fail spectacularly when it comes to the human rights ideal of universal access to science. The book concludes that a fundamental restructuring of patent institutions is required, in which democratic oversight of patent policies would ensure meaningful realization of the right of everyone to access the benefits of science. Students and scholars of international law, particularly those focusing on intellectual property and human rights, will find this book to be of considerable interest. It will also be of use to practitioners in the field.

Description
Innovation is universally recognized as an important source of economic growth. Patents may be considered as a potential measure of innovation. As such, patents may alter isoquant maps, and measuring their elasticities is both intuitively and empirically appealing. This book investigates the impact of U.S.A. patent activity on technical change in 35 industries given in the KLEM (Jorgenson, 1996) data set for the period 1958-1996. Four patent variables, namely total patent applications, total patents granted, unsuccessful patent applications and foreign patents granted, are introduced as technology-changing parameters into the generalized Fechner-Thurstone (GFT) production function to determine the effect on the elasticity of the marginal rate of technical substitution (MRTS) between inputs of the GFT production function over time. It is found that all four patent variables have significant impacts on the marginal rates of technical substitution between various production inputs over time, with foreign patents granted being the most "effective" parameter, and unsuccessful patent applications the least effective. In addition, the elasticity of the MRTS between materials and energy is found to be the most affected by patent activity, and that between materials and labor the least. The extent of technical change by patent activity varies across industries. Patent activity is found to be less effective as technology changes in some traditionally high patenting industries and more effective in others, which indicates that there are significant spillover effects of patents. Patent activity is found to have the greatest impact on technical change in the metal mining industryand the least impact in the chemicals industry.