A brand is more than a snazzy logo - but what else is there to consider when building a brand? Do you really need a brand for business success? And what has intellectual property got to do with anything? A strong, authentic brand is what makes your business stand out from the crowd - and what drives long term success. But the branding industry can be an overwhelming minefield, full of conflicting advice and multiple disciplines - so how do you navigate your way through the process? That's where Brand Tuned comes in. With the step-by-step TUNED methodology, you will: * define your brand to drive the business forward and help it stand out * know what brand promise will attract your ideal client * pick a name that will put you "front of mind" * ensure that the design elements you choose are distinctive and 'ownable' * train your team to live the brand. Drawing from evidence-based research, interviews with experts, and years of experience supporting businesses, Brand Tuned is the first branding guide written by an intellectual property lawyer who specialises in trademarks and brands. By incorporating the principles of intellectual property law right from the start of the process, branding expert Shireen Smith will show you how to create and build the brand that is right for you and your business - while avoiding the potential pitfalls. Shireen Smith is an intellectual property lawyer specialising in trademarks and brands, with years of experience in marketing small businesses. Her TUNED framework is designed to guide you to create a brand that attracts sales for the long term.

This book critically investigates the patent protection of medication in light of the threats posed by HIV/AIDS, malaria and tuberculosis epidemics to the citizens of countries in Sub-Saharan Africa (hereinafter "SSA" or "Africa"). The book outlines the systemic problems associated with the prevailing globalized patent regime and the regime's inability to promote access to life-saving medication at affordable prices in SSA. It argues that for pharmaceutical patents to retain their relevance in SSA countries, human development concepts must be integrated into global patent law- and policy-making. An integrative approach implies developing additional public health and human development exceptions/limitations to the exercise of patent rights with the goal of scaling up access to medication that can treat epidemics in SSA. By drawing on multiple perspectives of laws, institutions, practices, and politics, the book suggests that SSA countries adopt an evidence-based approach to implementing global patent standards in domestic jurisdictions. This evidence-based approach would include mechanisms like local need assessments and the use of empirical data to shape domestic patent law-making endeavors. The approach also implies revising patent rules and policies with a pro-poor and pro-health emphasis, so that medication will be more affordable and accessible to the citizens of SSA countries. It also suggests considering the opinions of individuals and pro-access institutions in enacting crucial pieces of health-related statutes in SSA countries. The approach in this book is sensitive to the public health needs of the citizens affected by epidemics and to the imperative of building local manufacturing facilities for pharmaceutical research and development in SSA.

The interaction between engineering and the law is undergoing dramatic changes. Product liability, laws have been introduced in Japan, patent claims over living organisms have been made in bioengineering and the differing national laws of copyright protection and liability are in the process of harmonisation, especially in the European Union. The pace and complexity of these changes make it essential for technologists, lawyers, engineers and insurance experts to establish a common basis for understanding, co-operation and exchange of expertise. The recently founded International Society for Technology, Law and Insurance aims to foster such co-operation. This volume features 46 selected contributions which address various topical issues and the law. The most important issues relate to engineering risks, quality assurance and assessment and legal implications assiciated with them. Recent failure cases are explained and the technical, legal and insurance-related issues discussed in detail.

It is difficult to overstate the everyday importance of home in law. Home provides the backdrop for our lives, and is often the scene or the subject of legal disputes. In addition, in recent decades there has been growing academic interest in the meaning of home, which has prompted empirical studies and theoretical exploration in a wide range of disciplines. Yet, while the authenticity of home as a social, psychological, cultural and emotional phenomenon has been recognised in other disciplines, it has not penetrated the legal domain, where the proposition that home can encapsulate meanings beyond the physical structure of the house, or the capital value it represents, continues to present conceptual difficulties. This book focuses on the competing interests of creditors who lend money against the security of the property and the occupiers who dwell in the property, in the context of possession actions. By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, Conceptualising Home examines the possibilities for developing a coherent concept of home in law.

This book examines intellectual property (IP) as an important value driver for start-ups. Businesses of all sizes are inevitably confronted with intellectual property issues at some point, but start-ups and their collaborators face unique challenges and opportunities in IP management. Identifying, generating, and exploiting intellectual property can lead to sustainable competitive advantages and avoidance of risks. Many start-ups sense the complexity of IP management and therefore place their energy elsewhere. However, the clear conclusion to be drawn from this unique collection of contributions is that putting an IP management strategy in place is critical to the successful development of a business. Prof. Dr. Martin A. Bader and Prof. Dr. Sevim Suzeroglu-Melchiors have years of experience as consultants, entrepreneurs, business owners, and researchers where they saw firsthand the need for a comprehensive yet practical resource for start-ups and their key stakeholders. This book explores different perspectives in dealing with IP from six different angles: the start-up's view, the investor's view, the corporation's view, the university's view, the global IP office's view, and the advisor's view. Each section consists of chapters written by leading experts from around the globe including Silicon Valley, Canada, Israel, Switzerland, Germany, Finland, France, Australia, Brazil, India, Japan, Singapore, and South Africa. Contributors bring practical experience from a wide range of sectors, such as information and communication technology, software, artificial intelligence, machine learning, cybersecurity, industrial automation, internet of things, life sciences, pharma, crop science, biotech, medtech, mining, sustainability, climate tech, and even quantum technologies. This timely publication serves as a guidebook for entrepreneurs and other key stakeholders in the start-up ecosystem. It empowers founders to develop their own IP management strategy to mitigate risk, create and capture value, and lay the groundwork for sustainable growth. An essential reference for start-ups to achieve business excellence. "This edited book volume offers valuable insights, bringing together perspectives of key stakeholder groups from a wide variety of innovation ecosystems - an invaluable resource." -Carsten Fink, Chief Economist, World Intellectual Property Organization, Geneva "A timely book for those wanting a clear overview of the issues the different players encounter in the start-up ecosystem. A useful resource indeed. Congratulations to the editors and team."-Audrey Yap, Managing Partner YUSARN AUDREY LLC, Past President LESI, Chairman Singapore Innovation & Productivity Institute, Singapore "A 'must read' for all innovators in the start-up world. It is truly a fantastic book and one I would recommend being bought and read (in full)!"-Laurence Freeman, Professor (Adjunct), CU Denver Business School, Jake Jabs Center for Entrepreneurship, Denver, Colorado, United States

With a particular focus on intellectual property, this work explores some of the key methodological and institutional issues affecting the development of European private law. Leading experts consider seven key topics, furthering understanding of the impact of Europeanization on the substance and quality of law, the process of law-making in a Europeanised system, and the requirements for a truly "European" legal order. The work begins by looking at the making of European Intellectual Property law, covering models of European harmonization, the pursuit of harmonization to date, and the creation of the European intellectual property courts. It goes on to examine the impact of European IP law, covering the impact of constitutional rights and values on intellectual property, the impact of general EU law on intellectual property, the relationship between European and national courts, and European legal methodology. Using intellectual property as a case study in private law Europeanization, the work generate insights of relevance and application within the fields of intellectual property and private law generally to help develop a European legal methodology.

This book is a reflection on domestic intellectual property lawmaking from a developing country's perspective. It focuses on Sri Lanka-a South Asian jurisdiction with a socio-economic, cultural, and political landscape similar to other developing nations in the region, but the intellectual property regime of which has been less explored. The aim of this book is to address the discrepancies, gaps, and flaws in the national intellectual property legal framework of Sri Lanka. In doing so, the book considers Sri Lanka's obligations under TRIPS and other related intellectual property treaties to which the country is a party. The book also examines approaches adopted by developing countries in the region and beyond, as well as other more developed nations, in calibrating Sri Lanka's domestic intellectual property regime to better address the country's domestic needs and national interests. The approach adopted in this book is of relevance, more generally, to policymakers, legislators, legal academics, scholars, jurists, legal practitioners and judges who are keen on exploring the extent to which domestic intellectual property legislation complies with international intellectual property norms and standards and, more importantly, the extent to which domestic law makes use of the flexibilities under international law in addressing domestic needs and national interests.

This book features 15 country reports on the patent enforcement practice of the world's most litigated countries in Europe, Asia and the Americas. Litigation strategies for both right owners and alleged infringers are explained against the background of case law on: types of action, standing to sue, jurisdiction, obtaining evidence, provisional and final measures, trial practice, types of infringement, remedies and counterclaims, costs and issues of retrial, threats and wrongful enforcement. Special chapters cover the Trade-Related Aspects of Intellectual Property Agreement provisions on enforcement, enforcement issues in the European Community, international cross-border litigation and border measures. The reports are written by patent practitioners or academic experts in the field, and the homogenous structure of the country reports allows for an easy identification of best practices and strategic considerations on the choice of jurisdiction.

This comprehensive introduction to challenges and possibilities in the recognition of indigenous intellectual property combines informative sections on the formal legal framework with richly detailed and historically contextualized accounts of key cases and developments. Connections to other big issues such as climate change and the digital revolution are well-drawn, while an insistent critical voice displays concern for indigenous agency, the tension between universality and cultural distinctiveness, and the place of indigenous customary law and sovereignty in intellectual property debates.' - Kirsten Anker, McGill University, Canada'Since the early 1990s, several collections on indigenous peoples and intellectual property have been published. But for depth, breadth and legitimacy, this one is the best so far. It delves into all conceivable facets of the problem. The geographical coverage is comprehensive. The authors are all outstanding scholars who write well, clearly and with authority and genuine devotion. It is especially gratifying to see contributions from indigenous people and experts with practical experience. This book is highly recommended.' - Graham Dutfield, University of Leeds, UK Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities. Contributors: F. Adcock, B.B. Arnold, S. Bannerman, J. Bannister, M. Barelli, A. Daly, J. de Beer, R. Dearn, D. Dylan, S. Gray, M. Hardie, S. Holcombe, T. Janke, C. Ncube, C. Oguamanam, M. Rimmer, D. Rolph, S. Rosanowski, M. Sainsbury, A.G. Siswandi, B. Tobin, R. Tushnet, W. van Caenegem, T. Voon

This latest monograph by Professor Korah on the recent group exemption consists of a detailed and critical commentary on the technology transfer block exemption and guidelines of 2004, and of the case law of the ECJ and Commission on licensing and refusals to license, together with annotated copies of the regulation and guidelines. There is a substantial chapter on refusal to supply or license in the light of the recent case law under Article 82. It embraces many of the competition issues that may affect intellectual property rights. After a brief introduction, the work starts with short chapters on the free movement of goods and services, the status of the Commission's guidelines and the historically hostile attitude of the Commission under Article 81 towards licensing. It then launches into a detailed analysis of the regulation and the probable treatment of licences that do not fall within it. Throughout the book the author provides extensive analysis of policy and economics as well as comparison with US practice.

In the absence of international rules governing parallel imports and exhaustion of intellectual property rights, issues arising in this context are left to the individual countries concerned. Asian countries, although generally more open towards parallel imports than Europe or the U.S., show marked differences both among their individual approaches and among the various intellectual property rights in question. Increasingly, permitting or blocking parallel imports of intellectually protected goods is regarded as a political decision to accommodate foreign pressure, domestic consumers, or right holders. Due to the diversity of legal regimes in the jurisdictions covered, reliable information on the regimes of parallel imports in Asia has been hard to come by. Now, Parallel Imports in Asia brings together the insight and experience of fourteen academics and practitioners in this specialized but highly significant field, each highly respected in his or her particular country. Two concise introductory chapters clearly present the economic and legal foundations of the subject matter. Then, thirteen chapters offer indepth analysis of exhaustion of intellectual property rights and parallel imports for each of twelve Asian jurisdictions-China, Taiwan, Japan, Korea, Vietnam, Thailand, Indonesia, The Philippines, Malaysia, Singapore, Hong Kong, and India-plus the Australasian bloc. With this book, businesses in all of these countries-and in particular India and the Australasian countries-can assess the strength of their IP rights against parallel importation in other parts of Asia. All country reports are written in a uniform structure and take into account legal, political and economicconsiderations with respect to the parallel importation of patented, trademarked and copyrighted goods. A useful appendix provides a synoptically overview on the rules of parallel importation in Asia. While academics will find here a thought-provoking survey of an important but relatively unstudied area of intellectual property law, Parallel Imports in Asia will prove to be of greatest value to potential investors in Asia, particularly with regard to market separation and licensing agreements. It will also help practicing lawyers for globally operating companies to appropriately counsel their clients in this area of business decision making.

This book takes a unique approach to mitigate the problem of massive online copyright infringement and justify fan activities. It argues for a cooperative approach that encourages copyright owners to exert a degree of control over their fan creators. In contrast to the current approach, which treats fan utilizations as theft, this book suggests that the copyright owners and the lawmakers should instead distinguish between fan creators and commercial pirates, allowing them unleash their potential. This book offers a clear and comprehensive account of the fascinating aspects of legal problems created by fan activities in China, Japan and the United States, offering a valuable guide for students, practitioners, academics and entrepreneurs whose work involves or who are interested in cutting-edge legal issues in the creative industry. "Tianxiang He introduces us to the world of fandom inhabited by 'fan-subbers', fan-dubbers', 'mash-uppers', and 'fan-fictionists' against the backdrop of copyright law and policy in China. His work is engaging in that it not merely describes the law, but also the political dimension where copyright and state media control converge into a reality where being an artist or a fan is not that straightforward." -- Prof. Anselm Kamperman Sanders, Institute for Globalization and International Regulation (IGIR), Faculty of Law, Maastricht University "The tension between copyright holders and fan communities has been increasingly salient yet underexplored. This timely, insightful and deeply engaging book not only fills a niche, but also covers a country that has been rarely examined in this context. The book advances a promising model for the two groups to cooperate. It also explores complex issues concerning political culture, media regulation and civic engagement in China. A must read for anybody interested in copyright law, cultural production, digital technology or Chinese information policy." -- Prof. Peter K. Yu, Professor of Law and Director, Center for Law and Intellectual Property, Texas A&M University School of Law

This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit IP rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts. Fairness, Morality and Ordre Public in Intellectual Property addresses questions about which outcomes of IP use can be defined as fair or moral, to whom they may be considered fair or unfair, and which criteria should be used to decide. Chapters examine these issues through topics such as fairness in copyright law, economic aspects of fairness, the intersection of human rights principles and indigenous peoples? heritage rights with IP, and the pricing of pharmaceutical drugs.Scholars and researchers working in IP, international trade and public international law policy will find this book to be critical reading. It will also be relevant to international IP law practitioners and policy makers.

This title is the first to explore how authorship is changing in a digital age, particularly focusing on how restrictive copyright laws are endangering the future of culture. The act of creation requires us to remix existing cultural content and yet recent sweeping changes to copyright laws have criminalized the creative act as a violation of corporate rights in a commodified world. Copyright was originally designed to protect publishers, not authors, and has now gained a stranglehold on our ability to transport, read, write, teach and publish digital materials. Contrasting Western models with issues of piracy as practiced in Asia, "Digital Prohibition" explores the concept of authorship as a capitalist institution and posits the Marxist idea of the multitude (a la Antonio Negri and Michael Hardt, and Paulo Virno) as a new collaborative model for creation in the digital age. Looking at how digital culture has transformed unitary authorship from its book-bound parameters into a collective and dispersed endeavor, Dr. Guertin examines process-based forms as diverse as blogs, Facebook, Twitter, performance art, immersive environments, smart mobs, hacktivism, tactical media, machinima, generative computer games (like Spore and The Sims) and augmented reality.

For the first time, this book provides an up-to-date history of product design and product design law covering 17 countries - Japan, Korea, China, Singapore, the United Kingdom, Germany, France, Italy, the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), Russia, the United States, Brazil and Australia - selected for their innovative or influential approach to design or design protection. Each country is the subject of two chapters - one on the history of design and the other on the history of design law - authored by experts in design and intellectual property (IP) law. This unique interdisciplinary approach explains why and how various national design protection systems (that can include design, copyright, trade mark, competition and civil laws) developed, making it an ideal book for students, researchers and lawyers. The book also serves as an international survey of different national policy and legal responses to historical developments and specific design and legal issues allowing readers to consider their advantages and disadvantages - and so is also recommended for policy and law makers, as well as organizations that administer IP rights. Topics include the subject matter of design protection; procedural and substantive requirements; design registration; infringement; and the overlap of design rights and other IP rights. The chapters on design history provide further context to the historical development of these legal concepts by considering major design movements, key designers and iconic designs and the current state of design. The chapters highlight the connected and often complementary relationship between the two histories, not only for each country, but at the regional and international level, often as a result of government policies, trade, colonialism, immigration and globalisation. Design and design practice continue to become more global and evolve with developments in technology. At the same time, design laws are not internationally harmonized and continue to develop at the national level, with a number of significant changes occurring in recent years. This timely book shows how the lessons of the past continue to inform the future direction of design and the legal systems developed to protect it.

There is no room for error in the drafting of Wills because when a Will comes into effect the testator is not present to revise, amend, interpret or give instructions as to his intentions. This places a special onus on the drafter to be linguistically precise and technically correct. Failure to adhere to the minutiae of the technicalities and legalities have led to many a family dispute, costly litigation, and delays in the winding up of estates, causing both emotional and financial hardship to the family of the deceased. This practical guide, written by a specialist in the drafting of wills, covers all the processes, considerations and technicalities involved in correct and sound drafting of wills, covering details that are vital to good testamentary practice. It is essential reading and reference for all professionals involved in the drafting of wills and in the administration of deceased estates, including lawyers, accountants, tax advisers, bankers, insurers, and testators themselves. The book is based on the latest developments in the law and recent judgments pertaining to Wills. As both a practitioner and lecturer in the field of deceased estates, Ceris Field brings a wealth of knowledge and experience to the subject of drafting of Wills.

This book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). For decades, attempts have been made to address this fragmentation by introducing a unitary patent system. The most recent attempt, the EU unitary patent system, will be the first of its kind. It is expected to significantly change the EPS. However, rather than reducing existing fragmentation, it will likely add to it. Based on an analysis of the current and forthcoming system, the book argues that the inherent nature of fragmentation within the EPS needs to be recognised and suggests that a multifaceted approach is required to respond to it. Uniquely, it draws on work regarding fragmentation outside of the patent and intellectual property regimes, gaining insights from both European law-making and the international legal system. These insights are used to investigate current responses to fragmentation in the EPS. Interpretations of substantive patent law are examined, including claim construction (Actavis v Eli Lily), exceptions to patentability related to uses of human embryos for industrial or commercial purposes (WARF, Brustle, ISCC), and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective. Fragmentation and the European Patent System will be of interest to academics, students and practitioners looking for a new perspective on the EPS.

Dealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of 'substitute' IP rights.The editors have carefully structured the book to ensure that there is a thorough analysis of how commercial values arising at the margins of classic IP rights are regulated. As new regimes of regulations emerge, the question of how existing IP regimes inform and influence the judicial and legislative creation of 'substitute' intellectual property rights is explored. By doing this, the contributors interrogate the very boundaries that constitute what IP rights traditionally protect and cover. Should all investments in anything intangible and 'intellectual' - such as product shapes, personality, data and organization of an event - be protected as property? Should there be qualitative differences among the types of investments and achievements? These are just some of the interesting questions addressed in this important new book. Academics, policymakers, lawyers and many others concerned with IP rights, will benefit from the extensive and thoughtful discussion presented in this work. Contributors: T. Aplin, S. Ericsson, J. Griffiths, A. Kur, N. Lee, S. Maniatis, A. Ohly, A. Quaedvlieg, G. Rinkerman, K. Schmitt, Y. Tamura, N. van der Laan, G. Westkamp

This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from the arrangements between the parties. This is a subject of particular importance and difficulty in common law systems because of the changeable nature of equitable proprietary interests, and this book provides a clear and structured explanation of the current state of the law, with detailed reference to case law from England and Wales as well as Commonwealth jurisprudence, and suggests how it might be clarified and simplified by returning to first principles. The new edition considers a number of important developments which pertain to proprietary rights and insolvency. It evaluates the key decision of the Supreme Court in FHR European Ventures v Cedar Capital Partners. Although this has settled the question of whether constructive trusts extend to bribes, it has raised more general issues regarding the approach of the courts to the imposition of proprietary remedies, which the book explores. It also covers recent Privy Council and Court of Appeal decisions concerning constructive notice (Credit Agricole v Papadimitrou, Central Bank of Ecuador v Conticorp, and SFO v Lexi), as well as interesting issues concerning the new status of intangibles (Armstrong v Winnington) and the status of the anti-deprivation rule (Belmont Park v BNY). Proprietary Rights and Insolvency is a lucid and practical reference source on insolvency and property law.

Intellectual Property Law in The Netherlands deals with IP rights, unfair competition law, internet-related aspects, and procedural law aspects. Since Dutch IP law is of an increasingly European character, the relevant EC law aspects and the decisions of the European Court of Justice are also discussed. This volume offers a practical guidance for both in-house counsels and IP lawyers who encounter Dutch IP law issues. Intellectual Property Law in The Netherlands covers an area that is practised in several law firms in The Netherlands. There are only a few, however, that provide the in-depth expertise that meets the degree of sophistication demanded by the international business community. Allen & Overy is unanimously recognized as one of the few belonging to the first tier of leading IP firms. The Amsterdam IP practice group closely co-operates with the IP departments of Allen & Overy in other countries, and Allen & Overy's cross-border CMT Group (Communications, Media, and Technology).

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

In light of the ever-growing and developing jurisprudence of the Court of Justice and the General Court, and forthcoming substantive and systemic changes to the law, there is a need for a fresh and practical approach to the procedure and case law of trade marks in Europe. Trade Mark Law in Europe is a comprehensive guide to European trade mark law following the jurisprudence of the Court of Justice of the European Union and the case law of the General Court. It provides a wide-ranging overview of the trade mark system, including detailed and critical discussion of forthcoming changes, as well as an in-depth look at the life of a trade mark up to enforcement. It considers the conditions for maintaining a registration, the protection and enforcement of trade marks, and the interface between trade mark law and other areas of practice. Finally, it offers detailed and insightful analysis of current developments, challenges, and opportunities. This is complemented by an international and comparative approach which selectively considers the contemporary jurisprudence of the Supreme Court of the United States and general US practice, as well as national jurisprudence in areas not yet covered by the CJEU. Written by highly-regarded authors with considerable expertise across a range of constituencies, Trade Marks in Europe is a timely and important study of this complex and challenging area of law.

Open source software licences are based on two fundamental principles: the possibility for users to use the software for any purpose and the possibility to modify and redistribute it without prior authorisation from the initial developer. Some open source software licences, like the General Public Licence (GPL), also impose a corollary obligation on the licensee: to make the source code available to other developers. The idea behind this form of licensing is that when programmers can read, redistribute and modify the source code for a piece of software, the software evolves. A number of legal challenges need to be addressed in order to ensure the most efficient deployment of open content licences in Europe and in the Netherlands, not least because most open source licences originate from the United States. This study gives an overview of the current legal situation regarding the use of open source software licences and investigates how the most commonly used open source software licences measure up to Dutch and European law. How does the distinct production and distribution model of open source licences fit in the current legal framework? Does the current legal environment support the use of open source licences or does it rather impede their use? In this last case, would certain adaptations to the law or to the licence terms be appropriate? By its in-depth analysis and clear conclusions, Unravelling the Myth around Open Source Licences amply contributes to the understanding of this complex field that policy makers, regulators, and academics so crucially require. Taking the provisions of the GNU GPL, the BSD, and the Mozilla Public Licence as examples, it investigates the implications of open source licensing from a private law, copyright law and patent law perspective. It also takes a brief look at the issue of the enforcement of these licences. To facilitate the use and enforcement of open source software licences in Europe, and more particularly in the Netherlands, the authors conclude their study by making a number of recommendations for the adaptation of the licence terms with a view to enhancing their compliance with the legal requirements. Lucie Guibault is Senior Researcher at the University of Amsterdam's Institute for Information Law (IViR). Ot van Daalen is an attorney with the firm of De Brauw Blackstone Westbroek in Amsterdam. This is Volume 8 in the Information Technology and Law (IT&Law) Series