Readings in Law and Popular Culture is the first book to bring together high quality research, with an emphasis on context, from key researchers working at the cutting-edge of both law and cultural disciplines.

Fascinating and varied, the volume crosses many boundaries, dealing with areas as diverse as football-based computer games, Buffy the Vampire Slayer, digital sampling in the music industry, the films of Sidney Lumet, football hooliganism, and Enid Blyton. These topics are linked together through the key thread of the role of, or the absence of, law - therefore providing a snapshot of significant work in the burgeoning field of law and popular culture.

Including important theoretical and truly innovative, relevant material, this contemporary text will enliven and inform a legal audience, and will also appeal to a much broader readership of people interested in this highly topical area.

The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What is the scope of intellectual property law? What is the relationship between intellectual property law and general legal principles? To what extent are intellectual property laws exceptional?Intellectual property assumes a prominent social and economic role worldwide and considering the costs and benefits of treating it separately from general principles of law is a salient area of enquiry. This thought-provoking book addresses the essence of intellectual property law and the role of intellectual property within broader legal institutions. Expert contributors explore lines of enquiry from a variety of more general perspectives and engage with and contribute to an area of law that is too significant socially and commercially to be considered only by specialists. Intellectual Property and General Legal Principles is a challenging book which scholars in intellectual property law will find a discerning contribution to their field. Contributors: A. Brown, I. Calboli, G. D'Agostino, G.B. Dinwoodie, S. Dusollier, B. Garrison, G. Ghidini, B. Hazucha, T.B. Larsen, H-C. Liu, C.R. McManis, C. Ncube, B.G. Otero, C. Waelde, T. Watabe, K. Weatherall

This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author?s extensive experience of international disputes, it provides a very comprehensive and useful commentary.Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.This book will be highly useful to academics, postgraduate students, practitioners and policy makers in the field of cultural heritage or cultural property law. It will also be of great interest to those researching in the areas of museum studies or cultural diplomacy.

This completely revised and expanded edition recognises the growing importance of patent systems and documentation from Asia, South America and Africa. The most prominent patent systems from these regions are treated individually, together with revisions to existing country coverage and an overview of IP developments in general. This is an essential reference tool for librarians, information specialists, data analysts and others seeking to use patent information either at the document level or in bulk.

Although much has been written about the history of copyright and authorship in the eighteenth and nineteenth centuries, very little attention has been given to the impact of the development of other kinds of intellectual property on the ways in which writers viewed their work in this period. This book is the first to suggest that the fierce debates over patent law and the discussion of invention and inventors in popular texts during the nineteenth century informed the parallel debate over the professional status of authors. The book examines the shared rhetoric surrounding the creation of the 'inventor' and the 'author' in the debate of the 1830s, and the challenge of the emerging technologies of mass production to traditional ideas of art and industry is addressed in a chapter on authorship at the Great Exhibition of 1851. Subsequent chapters show how novelists Charles Dickens, Elizabeth Gaskell, and George Eliot participated in debates over the value and ownership of labour in the 1850s, such as patent reform and the controversy over married women's property. The book shows the ways in which these were reflected in their novels. It also suggests that the publication of those novels, and the celebrity of their authors, had a substantial effect on the subsequent direction of these debates. The final chapter shows that Thomas Hardy's later fiction reflects an important shift in thinking about creativity and ownership towards the end of the century. Patent Inventions argues that Victorian writers used the novel not just to reflect, but also to challenge received notions of intellectual ownership and responsibility. It ends by suggesting that detailed study of the debate over intellectual property in the nineteenth century leads to a better understanding of the complex negotiations over the bounds of selfhood and social responsibility in the period.

Over the years, photographs have enjoyed a variety of forms of protection, but traditionally the protection of photographs has been placed within the law of copyright. While photography as a technique has been around for 150 years, protection issues in photography, as in copyright in general, have been complicated by the advent of new technology, enabling the digital storage, alteration, and reproduction of images and facilitating their global dissemination via the Internet. Until now, very little has been written in English about the protection of photographs. This work provides an overview of the law and history of photograph protection in 16 jurisdictions. Each country chapter provides a survey of the major issues of photographic protection, broken down for easy reference into eight sections: definition, originality, authorship and ownership, term of protection, economic rights, moral rights, contracts and the relationship of copyright with privacy and publicity rights. This book should be of interest to anyone concerned about the discrepancies within the copyright protection scheme in an age of increasing globalization. In particular, it should be useful for copyright lawyers, collecting societies, photographers, photograph agencies and publishers seeking clear information about the copyright implications of photographs.

At head of title: Commission of the European Communiites.

Featuring expert contributors from around the world, this book offers insight into the vital theoretical and practical aspects of the economics of copyright. Topics discussed include fair use, performers' rights, copyright and trade, online music streaming, internet piracy, copyright and visual art markets, and open source publishing. In addition to in-depth coverage of these timely topics, the authors also offer insightful predictions and policy recommendations for the future.Each of the self-contained chapters is written by a distinguished expert and is pitched at a level designed to be accessible to advanced undergraduate and postgraduate students in economics and law. As a whole, the book covers all of the topical content that a student of copyright economics should know. Teachers and lecturers will find all the required material to provide a comprehensive overview of the subject in a single volume. For scholars with a legal background, the book will also act as an effective introduction or refresher in the economic theory underlying copyright. Contributors: D.S. Banerjee, W.J. Gordon, P.J.Heald, S.J. Liebowitz, S.E. Margolis, F. Mueller-Langer, E. Rosati, S.F. Schwemer, R. Towse, M. Waldman, R. Watt

The great virtue of this work is found in its excellent structure. The first part provides a neat introductory road map for fundamental trade secrets concepts, then considers the TRIPS obligation, the trade secret law of the United States with well explained sections on trade secrets in business transactions, employment relations, enforcement and litigation, government secrets and data exclusivity. The second part provides country overviews with sections for common law and civil law countries and the appendices examine aspects of the proposed EU Directive. This is a comprehensive, sensible, practical, intelligently balanced, thoroughly researched and well written work that will be of real value to anyone interested in this increasingly important area of commercial law.' - Ping Xiong, University of South Australia'This book makes a remarkable contribution to the understanding of the legal foundations and main features of trade secret law in several jurisdictions. It also provides useful guidance to deal with practical issues concerning trade secrets protection. While carefully addressing the balance between the protection of private interests and the principles of free competition, the book examines recent initiatives to fight cyber-espionage and their implications for the configuration of trade secrets law, the enforcement of rights and professional practice.' - Carlos M. Correa, University of Buenos Aires, Argentina Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book offers an authoritative and unparalleled resource on US and international trade secret law and identifies optimal practices for securing trade secrets in varying jurisdictions. Defined as the international standard for trade secret protection, the United States' trade secret laws are explained in depth, illustrating their capacity and impediments. The proposed EU Trade Secret Directive and the impact this will have on international transactions is also closely examined, along with overviews of the laws in common law, civil law and mixed-law countries. The book combines detailed substantive analysis with clear practical guidance on questions such as how businesses can avoid misappropriation and maintain data exclusivity when engaging in global commerce, through the utilization of alternative self-help strategies. Key features: - Presents a roadmap for understanding trade secrets, including requirements for, defences to, and remedies. - Covers both business-to-business and employment relationships. - Authoritative commentary on US and EU trade secrecy laws in addition to coverage of the UK, India, China, Mexico, Brazil, Canada and Japan. - Dependable analysis from two leading scholars in the field. - Practical advice on overcoming the challenges businesses face when engaging in international transactions, including strategies for avoiding misappropriation. - Clear guidance on enforcement mechanisms and litigation procedure. This well-organized reference work will benefit legal practitioners in the commercial field across many jurisdictions, particularly those advising on business transactions or implementing protection strategies for trade information. Policymakers will find the definition of trade secret law characteristics for multiple countries, alongside the consideration of the proposed EU Trade Secret Directive, pragmatic and informative.

Clear, straightforward explanations and easy-to-follow examples ensure students' understanding of what is often considered a complex and difficult subject. Lively, humorous writing style and focus on real people and real situations help to bring equity and trusts to life, challenging preconceptions and engaging even the most resistant of students Focus on areas of contemporary interest and rapid recent development such as the family home; charities law and commercial uses of trusts to help students to see how the law impacts on individuals and businesses every day. Shorter, punchier and more accessible to a broader range of students than Alastair Hudson's classic textbook, this is sure to appeal to today's time-pressured law student. New edition updated to include the latest developments in case law.

This concise and detailed Handbook addresses some of the most complex issues raised by the implementation of the TRIPS Agreement globally. Among other themes, the Handbook explores the applicability of GATT jurisprudence for the interpretation of the Agreement?s provisions. It also considers key issues relating to the enforcement of intellectual property rights, such as border measures and injunctive relief. Teamed with the first volume ? Research Handbook on the Protection of Intellectual Property under WTO Rules ? this analysis is supplemented by a thorough review of the most important cases on TRIPS decided under the WTO dispute settlement mechanism.This accessible Handbook will be invaluable not only for academics, policymakers, and professionals in the area of intellectual property, but for all those interested in or working with the intricacies of the WTO system.

Trademark law grants right holders an exclusive right to prevent third parties from using a sign. This can readily be seen as the antithesis of freedom of expression, which arguably includes a right of third parties to non-exclusive use of a sign for a variety of purposes, ranging from informing consumers, to voicing criticism or to artistic expression. Drawing on cultural theory - which has shown that society is involved in a constant struggle about shaping the meaning of signs (including trademarks) - this highly original and provocative book contends that trademark law fails to sufficiently differentiate between commercial purpose and the social, political, or cultural meanings carried by one and the same sign. The author shows that the 'functional approach' to justifying trademark rights taken in current jurisprudence and doctrine is deficient, in that it does not take sufficient account of the fact that trademark rights can restrict the freedom of expression of third parties. Specifically, the exercise of rights granted under the European Trademark Regulation and the national trademark rights harmonized by the European Trademark Directive can cause a disproportionate impairment of the freedom of commercial and non-commercial expression of third parties as protected by Article 10 of the European Convention on Human Rights (ECHR). The author's in-depth analysis explores such elements as the following: o the economic and ethical rationales of trademark rights; o whether trademark rights under European law can be justified by these rationales; o how freedom of expression can serve as a limitation to trademark rights; o what level of protection such freedom of expression grants to third parties; o the role of trademarks of social, cultural, or political importance in public discourse; o chilling effects on public discourse that can be caused by the exercise of trademark rights; o the interpretation of provisions regulating the grant and revocation of trademark rights in light of freedom of expression; and o the interpretation of the scope of protection and the limitations of trademark rights in light of freedom of expression. In effect, the analysis serves to expand the focus of legislators, courts, and trademark registering authorities from the interests of trademark right holders, who seemingly are granted ever more protection, to the justified interests of third parties. The critical analysis of existing trademark law leads the author to clearly identify the areas of trademark law in which the law needs to be reinterpreted and the areas in which legislative action should be taken, with recommendations for a number of limitations that should aid legislators in drafting concrete amendments. The new insights and imperatives provided by this book are sure to prove useful to both courts interpreting existing provisions of trademark laws and to legislators who are faced with the challenges of drafting new rules or revising existing laws.

The 7th edition of Understanding Equity and Trusts provides a clear, accessible and lively overview of the main themes in this dynamic area of the law. An ideal first point of entry to the subject or revision tool, this book will give you an invaluable grounding in all of the key principles of equity and the law of trusts. This book covers all of the topics that a student reader will encounter in any trusts law or equity course. The text deals with express trusts, resulting and constructive trusts, the duties of trustees, breach of trust and tracing, commercial uses of trusts, charities, equitable remedies and trusts of homes.

Public health, safety and access to reasonably priced medicine are common policy goals of pharmaceutical regulations. As both the context for innovation and competitive structure change, industry actors dynamically challenge the balance between the incentive for protection and the achievement of those policy goals. Considering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination. The contributors to this book, including academics, judges and practitioners from Europe, the US and Japan, explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicine and health care. Addressing fundamental questions in the field of pharmaceutical innovation, this book will appeal to scholars and practitioners in intellectual property, competition law and life sciences regulation, as well as pharmaceutical companies and regulators. Contributors: R. Arnold, M.A. Bagley, B. Domeij, J. Drexl, R.C. Dreyfuss, C.R. Fackelmann, T. Imura, R. Iseki, N. Lee, R. Moufang, H. Ullrich

Intellectual property rights such as patents can reduce access to knowledge in genetics, health, agriculture, education, and information technology, particularly for people in developing countries. Global Intellectual Property Rights shows how the new global rules of intellectual property have been the product of the strategic behavior of multinationals, rather than democratic dialogue. The final section of the book suggests strategies aimed at developing more flexible standard for poor countries, and for keeping knowledge in the intellectual commons.

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.

The phenomenal growth of the media and entertainment industries has contributed to a fragmented approach to intellectual property rights. Written by a range of experts in the field, this Handbook deals with contemporary aspects of intellectual property law (IP), and examines how they relate to different facets of media and entertainment. A stimulating array of chapters cover topics such as: IP rights in the news, spectacles and other ephemera; copyright and fan activities; performers' and moral rights; IP protection of television formats; publicity and personality rights; trade marks in entertainment products; traditional knowledge, and the global digital distribution of media content. Highlighting the need for the law to accommodate a rapidly expanding and modernizing industry, suggestions are made for future developments. Novel and contemporary, this Handbook will appeal to both academics and students across the field of IP, particularly in relation to media and entertainment. Its practical focus will also appeal to both practitioners and judges looking to work within and develop this most fascinating and topical area of the law. Contributors include: E. Adeney, T. Aplin, G. Austin, D.S. Caudill, M. de Zwart, G. Dinwoodie, S. Frankel, J. Ginsburg, L. Golding, J. Griffiths, M. Handler, D. Hunter, D. Mac Sithigh, M. Richardon, S. Ricketson, M. Rimmer, D. Tan, J. Thomas, P.K. Yu, M. Williams

Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world's biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while in the EU, the CJEU's interpretation of the pan-European design rights system has created significant overlap with copyright law and risks leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters, that can also help create a fair equilibrium between protection and borrowing in fashion design.

The Hague Agreement has provided international protection for industrial designs since 1925. The latest of several revisions, agreed upon at Geneva in 1999, is operational as of April 1, 2004, under the administration of the World Intellectual Property Organization (WIPO). The global protection of industrial designs, accommodating all forms of national protection systems, will be based on this treaty. This in-depth analysis by William T. Fryer, III, a well-known Professor of Law and patent attorney who participated [and participant] in the meetings and diplomatic conference that led up to the 1999 Act (as well as in subsequent user meetings), is unlikely to be superseded. It presents a detailed drafting history and expert analysis, as well as incomparable strategic guidance for attorneys, businesses, and governments in the implementation of the Act's provisions. Readers can expect all of the following and more: an overall understanding of how the 1999 Act operates to amend and update the Hague Agreement;

• expert analysis of the Act's key features;
• detailed exploration of the Act's drafting history;
• strategic insights into using the Act's provisions to protect industrial designs;
• guidance for governments considering adherence to the Act; and
• a source book for the main treaty documents.

This book is based on the Telecommunications Policy Research Conference which reports on research into telecommunications policy issues. While the conference is now a respectable 23 years old, this is only the second printed edition of selected papers. A new law, the Telecommunications Act of 1996, accelerated the process of integration in the communication industry and made major revisions to the Communications Act of 1934 that increase the incentive for integration within the industry. Although the papers in this volume were written prior to the passage of the new law, their importance is merely enhanced by it. They deal with fundamental, complex policy problems that arise when previously separate segments of the telecommunications industry are integrated, rather than specific regulatory rules that are likely to be changed under the new law. With the passage of this law, the timeframe for developing appropriate policies for an integrated industry has been shortened. Changes expected to occur over a period of several years will now likely occur much more rapidly. These papers provide insights to help guide the transition in the industry.
Divided into five parts, this volume:
* deals with problems of transforming local exchange telephone service from a monopoly in each geographical area to an interconnected competitive network of networks,
* considers the pricing problems that arise in an integrated network carrying traffic of different types across multiple service providers,
* examines the problem of achieving interoperability in complex networks,
* considers issues of intellectual property that arise in expected integrated networks of the future, and
* discusses electronic publication of scholarly journals, copyright protection, and the applicability of copyright law in the digital age.

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.

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.

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 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.