Maximise your marks for every answer you write with Law Express Question and Answer. This series is designed to help you understand what examiners are looking for, focus on the question being asked and make your answers stand out. See how an expert crafts answers to up to 50 questions on Equity & Trusts. Discover how and why different elements of the answer relate to the question in accompanying Guidance. Plan answers quickly and effectively using Answer plans and Diagram plans. Gain higher marks with tips for advanced thinking in Make your answer stand out. Avoid common pitfalls with Don't be tempted to. Compare your responses using the Try it yourself answer guidance on the companion website. Practice answering questions and discover additional resources to support you in preparing for exams on the Companion website.

The Wills and Inheritance Protocol sets out the Law Society's preferred practice in will drafting, probate and estate administration and supports the provision of consistent and high quality services by legal practices. The Protocol aims to raise standards of client care and service by: improving communication between practices, clients and beneficiaries increasing transparency and therefore understanding of the necessary processes encouraging practices to agree timescales and service levels with clients. Meeting the obligations of the Protocol is the cornerstone of the new Wills and Inheritance Quality Scheme and will also help all legal practices to: demonstrate high standards of practice to clients and others meet legal requirements achieve compliance with outcomes-focused regulation provide a consistent level of service. This book contains the full text of the Protocol version 1.0 and an appendix with relevant statutory extracts and guidance on good practice.

The purpose of this book is to explore the key substantive, methodological, and institutional issues raised by the proposed unitary EU patent system contained in EU Regulations 1257/2012 and 1260/2012 and the Unified Patent Court Agreement 2013. The originality of this work lies in its individual contributions and uniquely broad approach, taking six different (historical, constitutional, international, competition, institutional and forward-looking) perspectives on the proposed patent system. This means that the book offers a multi-authored and all round legal appraisal of the proposed unitary system from experts in patent law, EU constitutional law, private international law, and competition law, as well as leading figures from the worlds of legal practice, the bench, and the European Patent Office. The unitary patent system raises issues of foundational importance in the fields of patent and intellectual property law, EU law and legal harmonization, which it is the purpose of the book to engage with. This is a work which will enjoy wide and enduring interest among academics, policy makers and decision makers/practitioners working in patent law, intellectual property law, legal harmonization, and EU law.

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.

The only comparison of EU and US protection against trade mark dilution, this book provides a complete overview of the dilution action, enabling practitioners to better protect trade marks against dilution or to combat dilution claims. Through clear and practical tests for the different types of dilution, this book demonstrates how to prove that a mark is famous, how to prove blurring, tarnishing and unfair advantage and how to prove lack of due cause. It gives clear guidance on the meaning of association and the role of similarity of goods, as well as the US dilution defenses, the level of proof required and the 'actual versus likely' dilution question.
By examining the justifications offered for dilution, the book places the dilution action in the wider context of the trade mark system, allowing readers to understand the issues behind the law and to consider whether the law appropriately meets these justifications. It considers the fundamental questions raised about trade marks, including whether the main aim of trade marks is to protect the public from being confused, or the investment of trade mark owners in building up their reputations. The book also considers how well the EU and the US take these questions into account in balancing the interests of trade mark owners, their competitors and the public through the dilution action.
Dilution is at the cutting edge of trade mark law, extending its protection beyond traditional boundaries to situations where defendants using trade marks are not causing confusion. This book provides practitioners with all the information they need both to protect trade marks against dilution and to prevent them being the subject of dilution claims.

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.

Having explored multifaceted issues of IPR enforcement, this book argues that IPR enforcement problem is not an actual outcome of Confucian philosophy and "to steal a book" is not an "elegant offence." This book demonstrates that counterfeiting and piracy are common inevitable consequences of inadequate economic development and a by-product of a unique set of socioeconomic crises deriving from the development of a dysfunctional institutional regime. By examining areas of compatibilities between European and Chinese cultures and analysing painful lessons from the US-China negotiations over IPR protection, this book uses the prism of EU-China trade relations to suggest ways to reconcile the minimum standards of TRIPs Agreement and the specific conditions of particular states, and provide insight into the unresolved issues as to how and when China s WTO commitments will be implemented. "

This kit has everything you need to plan your estate, make decisions about how to divide it, and write your own legal will. It's written by an American lawyer and is 100% legal. Creating an estate plan and writing your own will is easy. You don't have to make a complete inventory of your belongings. Just follow the step-by-step instructions in this book and use the forms to create your own will.

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.

Equity - the body of law developed in the English Court of Chancery - has a long and distinguished history. In the 21st century, it continues to be an important regulator of both commercial and personal dealings, as well as informing statutory regulation. Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. The essays in this collection employ new historical, comparative, and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology. Leading scholars and practitioners from England, Australia, and New Zealand examine such contentious topics as: personal and proprietary liability for breaches of equitable duties (including fiduciary duties) * the creation of non-express trusts * equitable rights in insolvency * the fiduciary 'self dealing' rule * clogs on the equity of redemption * the distribution of assets on family breakdown * the suitability of unjust enrichment analysis. The book addresses specific doctrinal questions, as well as the 'meta' issues of organization and methodology, and the findings will be of value to academics and practitioners alike. (Series: Hart Studies in Private Law - Vol. 1)

Academic discoveries account for some of the most successful products in the marketplace, from pharmaceutical blockbusters like Lyrica (R) to household names like Gatorade (TM). Yet few researchers understand the process of technology transfer or the various pathways for commercialization available to them. Beyond Discovery is the ultimate guide for researchers interested in moving their inventions from the laboratory to the marketplace. Focusing particularly on scientists and engineers, this volume demystifies the process of commercialization by offering clarity on key complex topics, including technology transfer, intellectual property, and the uneven landscape for inventors of different genders and ethnicities. The authors describe how academics must adapt their thinking and provide numerous best practices for advancing through this unfamiliar and demanding terrain, with profiles of current scientists and engineers to illustrate how academic inventions have translated to commercial success. Beyond Discovery also offers realistic recommendations to academic institutions for engaging their researchers in the commercialization enterprise. Comprehensive and pragmatic, Beyond Discovery illustrates how commercialization can deepen the impact of academic research and offers seasoned advice for each step in the technology transfer process.

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.

Ideas are the fuel of industry and the entertainment business. Likewise, manufacturers receive suggestions for new products or improvements to existing products, and retailers frequently receive ideas for new marketing campaigns. Many ideas are not new and may be used by anyone without the risk of incurring any legal liability, but some ideas are novel and valuable. If the originator of a potentially useful idea does not have the financial resources to exploit the idea, he or she may submit it to another, with the expectation of receiving compensation if the idea is used. Although an extensive body of intellectual property law exists to protect the rights of inventors, authors, and businesses that own valuable brands or confidential proprietary information, raw ideas receive no protection. Nevertheless, the originator of a potentially useful and marketable idea is not without legal recourse. The courts have developed, through a long line of common law precedents, legal protection for novel and concrete ideas under certain circumstances. The originator of an idea can rely on contract law, whereby the recipient may expressly or impliedly agree to pay for the idea. Alternatively, if the idea is disclosed in confidence, its unauthorized use by the recipient allows the originator of the idea to recover compensation. Finally, some courts have treated the ownership of ideas as quasi-property rights.

The growing presence of technology has created significant changes within the healthcare industry. With the ubiquity of these technologies, there is now an increasing need for more advanced legal procedures. Patent Law and Intellectual Property in the Medical Field is a pivotal reference source for the latest research in support of developing convergent and interoperable systems to increase awareness and applicability of legal aspects in the medical field. Featuring extensive coverage on relevant areas such as compulsory licensing, parallel importing, and protection law, this publication is an ideal resource for researchers, medical and law professionals, academics, graduate students, and practitioners engaged in medical practice.

Joyce Rogers sheds new light upon Shakespeare's last public words through her study of medieval and Renaissance ecclesiastical and testamentary laws and custom. Professor Rogers provides extensive background material on English legal history and shows that the legal documents of the time do give legal answer to the doubts and speculations that have grown up around Shakespeare's will. She shows how the will is replete with elements of civil and common as well as ecclesiastical law and custom, making more understandable the disputed points of Shakespeare's will, and establishing that the will was as correct, incontestable, and conventional as possible.

The main thrust of the book, however, is not on the law as such. It is on how the law was used by Shakespeare to serve the best interests and needs of the women and children in his family as well as the friends named therein. As such, the book will be invaluable to students and scholars of Elizabethan society and to all Shakespearean scholars.

Among the many contentious matters thrown up by the relentless march of economic globalization, those forms of knowledge variously known as 'indigenous' or 'traditional' remain seriously threatened, despite numerous transnational initiatives and highly publicized debate. It is not proving easy to bring these holistic worldviews into accordance with the technical terms and classifications of intellectual property law. The contributions in this volume contrast efforts to find solutions and workable models at the international and regional level with experiences on the ground. Legal policies related to 'indigenous knowledge' in settler societies such as Australia and New Zealand are compared with those in densely populated neighbouring countries in Asia, where traditional knowledge is often regarded as national heritage. While many of the chapters are written by lawyers using an interdisciplinary approach, other chapters introduce the reader to perspectives from disciplines such as legal sociology and anthropology on controversial issues such as the understandings of 'art,' 'culture,' 'tradition,' 'customary law' and the opportunities for traditional cultural knowledge and traditional cultural expressions in an Internet environment. Experienced observers of the international debate and regional experts discuss international model laws as well as legislation at regional and national level and the role of customary law. Topics covered include the following and much more: - the concept of 'farmers' rights'; - biodiscovery and bioprospecting; - traditional knowledge as a commodity; - encounters between different legalities; - geographical indications; - registration requirements; - sanctions, remedies, and dispute resolution mechanisms; - the ongoing fragmentation and loss of traditional knowledge; and - systems of data collection. The authors provide practical proposals for solutions and models as well as empirical studies of their implementation in various countries. Given the scope for conflict about the merits of various definitions of the subject matter and the circle of beneficiaries, this book will be of great interest to intellectual property lawyers, representatives of indigenous/local communities and NGOs, policy makers at all levels, and students of comparative and international intellectual property law and of law and development.

The work reviews issues concerning the protection of folklore through the intellectual property legal system, then explores two main issues in the protection of Chinese folklore. The first issue is the influence of Chinese traditional culture on the Chinese intellectual property legal system and Chinese society. The second concerns the deficiencies of the Chinese intellectual property system with regard to folklore. Both issues are examined through a survey on the weak public recognition of intellectual property law and folklore in Chinese society. The book also reveals the practical issues that have arisen in Southwest China through case studies. After analysing these issues, the work designs a model law specifically for folklore and also provides suggestions for how the current intellectual property legal system could establish a comprehensive legal protection system for folklore. Furthermore, the work shows that its proposed model law is effective in practice by resolving the issues in the case studies presented.

Concerted efforts to enforce global intellectual property rights (IPR) continue to focus intensely on the developing countries of East Asia, and China in particular. These efforts have spawned a complex system of legal mechanisms that is still very much in process of evolution, encompassing international and regional conventions, WTO dispute settlements, bilateral and plurilateral treaties, decisions of national courts and regulatory bodies, and a welter of local laws and border controls. This hugely useful book provides more detail than will be found in any other source on the current state of all these measures and their interactions and trends, especially as they affect East Asian markets for IPR-protected products. It gathers together fourteen thoroughly researched essays by internationally-known practitioners and academics with specialties in Asian intellectual property law. In the course of their interlinked analyses they discuss such aspects as the following:; estimates of the negative impact of counterfeiting and piracy on businesses, competition, employment, consumer protection, state revenue, and foreign investment; transnational effects of IP enforcement laws of the EU, Japan, the UK, and other developed countries; enforcement provisions in Free Trade Agreements negotiated between Asian developing countries and the United States, the EU, and Japan; potential impact of the newly-released Anti-Counterfeiting Trade Agreement (ACTA); civil forfeiture vs. criminal proceedings; copyright enforcement provisions in the digital environment; counterfeit medicines and the involvement of organized crime;; interests of developing countries (for example in traditional knowledge); receiving and recovery orders; Internet service provider (ISP) liability; and impact of broad enforcement provisions on innovation and emerging creative industries. Although wide-reaching in its overall presentation, the book also deals with numerous particular applications in Cambodia, Indonesia, Brunei, Laos, Myanmar, Malaysia, The Philippines, Singapore, Thailand, Vietnam, Australia, China, and Japan. Lawyers seeking a secure foothold from which to proceed in cases of piracy, infringement, or counterfeiting will welcome this informative and up-to-date analysis and commentary. It will prove especially valuable as an early indicator of changes likely to come about as ACTA takes effect.