The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic. New technological sectors have emerged, each one with its own features with regard to innovation process and pace. From the most controversial cases in biotech to the most recent decisions in the field of software and business methods patent, patent law has tried to stretch its boundaries in a way to accommodate such new and controversial subject matters into its realm. Biotechnology and Software Patent Law will strongly appeal to postgraduate students specializing in IP law, international law, commercial and business law, competition law as well as IP scholars, academics and lawyers. Contributors: S.D. Anderman, R.B. Bakels, S.J.R. Bostyn, D.L. Burk, V. Di Cataldo, V. Falce, C. Geiger, R.M. Hilty, C.M. Holman, M.A. Lemley, A. Ottolia, J. Pila, J.R. Thomas, P.L.C. Torremans

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.

Protection of intellectual property rights (IPRs) serves a dual role in economic development. While it promotes innovation by providing legal protection of inventions, it may retard catch-up and learning by restricting the diffusion of innovations. Does stronger IPR protection in a developing country encourage technology development in or technology transfer to that country? This book aims to address the issue, covering diverse forms of IPRs, varied actors in innovation, and multiple case studies from Asia and Latin America. IPRs and their interaction with other factors such as such as the quality of knowledge institutions (e.g. academia, public research institutes or industrial research centers such as science parks), availability of trained human capital, and networks for research collaboration or interaction (e.g. university-industry research collaboration or international collaboration) in a development context, is the subject of this book.Intellectual Property for Economic Development: - Considers the diverse forms of IPRs and technology transfer and their implications for economic development. - Analyzes the role of inventors in different contexts including those in universities and in domestic and international mobility and collaborations. - Presents in-depth analyses of specific issues involving IPRs in the context of countries at different levels of development, including Mexico, China and Korea. Focus is paid to the differences between East Asia and Latin America. This book will appeal to academics and researchers in the areas of development economics, the economics of IP, law and economics and IP innovation. Contributors: S.A. Ahn, C.R. Duran, B.H. Hall, A. Hu, S. Karmakar, J. Kim, Y.K. Kim, K. Lee, S. Lee, D.C. Lippoldt, G. Marschke, F. Montobbio, S. Nagaoka, T. Naotoshi, K.-H. Park, W.G. Park, V. Sterzi, J. Suh

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.

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 article-by-article Commentary on EU Regulations 2016/1103 and 2016/1104 critically examines the uniform rules adopted by the EU to deal with the property relations of international couples, both married and in registered partnerships. It offers a comprehensive side-by-side discussion of the two Regulations to provide context and a deeper understanding of the issues of jurisdiction, applicable law and recognition of judgements covered. Written by experts from a variety of European countries, this Commentary draws on scholarship and practice from a number of EU states to enrich its analysis and explore pertinent questions of jurisprudence. It also highlights the close relationship of the Regulations with other legislative measures of the EU in the field of private international law, such as on matters of succession and matrimonial matters. This Commentary will be a crucial reference source for practitioners working as family litigation lawyers, estate planning lawyers and notaries. It will also be of interest to scholars and other practitioners working in the field of private international law. Contributors include: G. Biagioni, A. Bonomi, B. Campuzano Diaz, J. Carruthers, S. Corneloup, G. Cuniberti, E. D'Alessandro, P. Franzina, M. Gebauer, C. Kohler, S. Marino, C. Mariottini, D. Martiny, C.I. Nagy, J. Re, C. Ricci, A. Rodriguez Benot, L. Sandrini, I. Viarengo, P. Wautelet

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.

In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased desire to minimize the cost and delay of hostile trust litigation, but courts and legislatures from around the world have begun to demonstrate an increased willingness to allow these sorts of disputes to go to arbitration. Indeed, legislation allowing internal trust arbitration now exists in a number of jurisdictions, while courts in other countries have begun to allow mandatory arbitration of these types of disputes even in the absence of subject-specific statutes. This book discusses recent and anticipated developments concerning trust arbitration in a variety of domestic and cross-border settings. In so doing, the text not only provides necessary information about the special nature of national and international trust arbitration, it also bridges the gap between trust law and arbitration law by bringing together authors with expertise in both fields. Furthermore, this book is the first to provide detailed and critical analysis of various institutional initiatives in the area of trust arbitration (including measures proposed by the American Arbitration Association, the American College of Trust and Estate Counsel, the English Trust Law Committee, and the International Chamber of Commerce) and to offer in-depth coverage of various national, international, and comparative issues, including the applicability of the New York Convention and the Hague Trust Convention to internal trust arbitration. As a result, this book is a must-have for specialists in both trust law and arbitration law.

The 1911 Copyright Act, often termed the 'Imperial Copyright Act', changed the jurisprudential landscape in respect of copyright law, not only in the United Kingdom but also within the then Empire. This book offers a bird's eye perspective of why and how the first global copyright law launched a new order, often termed the 'common law copyright system'.This carefully researched and reflective work draws upon some of the best scholarship from Australia, Canada, India, Israel, Jamaica, New Zealand, Singapore, South Africa and United Kingdom. The authors - academics and practitioners alike - situate the Imperial Copyright Act 1911 within their national laws, both historically and legally. In doing so, the book queries the extent to which the ethos and legacy of the 1911 Copyright Act remains within indigenous laws. A Shifting Empire offers a unique global, historical view of copyright development and will be a valuable resource for policymakers, academic scholars and members of international copyright associations. Contributors include: T.G. Agitha, M.D. Birnhack, D. Daley, Y. Gendreau, N.S. Gopalakrishnan, N.-L.W. Loon, G. McLay, S. Ricketson, U. Suthersanen

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).

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

The book focuses the openness of Chinese copyright law and patent law, namely the right limitation and exception rules (as the IP-internal balancing mechanism) and the right enforcement and protection (as the IP-external balancing mechanism). It examines the highlights of the 3rd and 4th amendments to the Chinese copyright law, patent law and the trademark law, addressing the most debated questions during these amendments. This book also takes a comparative approach to study the legislations and case laws in the USA, EU and China. The comparison covers the legislation, case decisions, which could offer useful clues for legislators to revise the current law, for judges to decide the cases about relevant topics and lay down their market plans. Moreover, this study also provides several recommendations for the right holders who are currently operating or planning to operate in China, regarding the de facto protection levels of their IP rights, the risks of right infringement and litigation costs as well as the trend of the goalsetting in their intellectual property strategy.

Although the commercial activity of merchandising - the use of names or images or other representative elements to enhance the promotion or sale of products or services - has been known for over a century, it is only since the latter years of the 20th century that it has been significant enough to merit treatment as a distinct subject of intellectual property law. Yet, to date, no specific law governing merchandising exists in any country. This book asks if such a law should exist-specifically, a uniform law at the international level. The book focuses on the legal strategy and monitoring of merchandising campaigns of a cross-border nature in 17 European countries. Drawing on the local expertise of contributing authors from each country, it presents a detailed comparative analysis of the manifold legal issues related to merchandising practices. These include the following: the inadequacy of trade mark licenses to encompass the "affinity" motive of the purchaser of merchandising; the overlapping rights of a manufacturer and a merchandiser in the same product; deficiencies in unfair competition law concerning merchandising; the question of whether merchandising symbols could be registered in a manner analogous to (but distinct from) trade marks; the question of whether copyright law may be extended to protect the merchandising use of a copyrighted or copyrightable element; the ownership of merchandising rights; and the question of whether a merchandising right can persist after the protection of the symbol itself has lapsed. "Character Merchandising in Europe" marshals evidence that merchandising law, although it can hardly be said to exist as such, is nonetheless implied in an extensive body of pronouncements from the various fields of intellectual property law. This perception is supported by the first judicial decision on the protection of merchandising activities, recently rendered by the European Court of Justice and supplied in full text as an annexe to this volume.

There is a growing body of scholarship analysing the many international organizations, government agencies and civil society groups whose activities define the relationship between human rights and intellectual property. This timely and engaging volume illustrates the richness and diversity of this literature. It explores the wider historical and institutional context of these topics; the meaning of key international instruments; writings that clarify ambiguous legal norms; works that advocate the recognition of new legal norms; institutional and strategic issues and critical or cautionary perspectives. Including an original introduction by Professor Helfer, a leading scholar in the field, this is a must-have volume that will be of use to lawyers, judges, legal scholars and researchers interested in the areas of intellectual property and human rights and their intersection.

This collection of essays highlights the sometimes absurd outcomes which an unjustified overprotection of intellectual property (IP) may lead to. It collects and comments on a series of IP disputes which have taken the notion of IP protection to extremes. From individuals being sued for hundreds of thousands of dollars for sharing a playlist, to sports spectators being arrested for wearing the 'wrong' dresses, passing through granting patents for inventions obtained by misappropriating traditional knowledge, and trademark protection of merely descriptive signs, this book brings together a broad range of examples from across the IP spectrum where protection and enforcement have been used or threatened on unreasonable and/or untenable grounds. The aim of the book is to criticise these excesses precisely because they harm IP; and because they contribute to creating an environment where more and more people are led to 'hate' IP, and view it as a protectionist regime which discourages creativity in innovation and ends up safeguarding the owners of monopolistic rights which restrict trade, competition and people's freedom. This is not, therefore, a book against IP, it is instead a call for change and an attempt to 'save' IP through critiquing its excesses and preventing such a fascinating area of law from continuing to be an easy target for criticism. The book includes a foreword by Jason Mazzone, Albert E Jenner Jr Professor of Law at the University of Illinois, USA.

"An invaluable tool to help you collect the information your attorney needs." --Michael Cragun, Utah State Tax Commissioner An Accessible Guide to Estate Planning With Estate Planning (in Plain English)(R), readers will learn to comprehend the legal jargon and navigate the complex rules involved in preparing one's estate. The authors provide clear information and cite actual cases to help readers approach the process with the confidence and knowledge they need to make the best decisions for their heirs. Chapters discuss important topics such as: Estate plans, wills, and a variety of trusts Guardians, powers of attorney, advance directives, and other essential documents Life insurance Digital assets Gifts Tax considerations Avoiding probate Identifying and caring for estate property Settling business assets Finding a lawyer An invaluable reference for those preparing their estates and for their families, Estate Planning (in Plain English)(R)will enable readers to take the necessary steps to preserve their legacies.

This significantly updated second edition of the Research Handbook on Patent Law and Theory provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan. Leading patent scholars and practitioners provide an innovative comparative analysis of fundamental issues such as patentability, examination procedure and the scope of patent protection, with current issues such as patent protection for industry standards, computer software and business methods. Updates to this second edition reflect on the dramatic changes that have taken place in the US Patent System since the first edition, including the American Invents Act that has introduced the first-inventor-to-file policy and post-issuance proceedings to challenge validity. Current topics such as the Unified Patent Court, patent litigation updates reform in the US, design patents and patent inventions in medical science are also addressed. Providing a strong scholarly foundation, as well as useful tips for practitioners to protect their intellectual assets in technologies effectively in the global market, this Research Handbook will be of great interest to legal scholars and students, as well as lawyers and patent attorneys. Contributors include: J.N. Adams, C. Appelt, R.C. Dreyfuss, H. Goddar, H.P. Goeetting, O. Granstrand, S. Hetmank, C.M. Ho, C.M. Holman, C. Karl, J.B. Krauss, A.L. Landers, S. Luginbuehl, T. Miyamoto, T. Muller-Stoy, X.T. Nguyen, S. Ono, C. Rademacher, G. Reilly, S. Schohe, D. Stauder, T. Takenaka, J. Thomas

During the past few decades, private equity (PE) has attracted considerable attention from investors, practitioners, and academicians. In fact, a substantial literature on PE has emerged. PE offers benefits for institutional and private wealth management clients including diversification and enhancement of risk-adjusted returns. However, the lack of transparency, regulatory restrictions, and liquidity concerns that exist for some PE options limit their attractiveness for some investors. Private Equity: Opportunities and Risks offers a synthesis of the theoretical and empirical literature on PE in both emerging and developed markets. The book examines PE and provides important insights about topics such as major types of PE (venture capital, leveraged, buyouts, mezzanine capital, and distressed debt investments), how PE works, performance and measurement, uses and structure, and trends. Readers can gain an in-depth understanding about PE from academics and practitioners from around the world. Private Equity: Opportunities and Risks provides a fresh look at the intriguing yet complex subject of PE. A group of renowned experts take readers through the core topics and issues of PE, and also examine the latest trends and cutting-edge developments in the field. Additionally, discussion of research on PE permeates the book. The coverage extends from discussing basic concepts and their application to increasingly complex and real-world situations. Thus, this volume spans the gamut from theoretical to practical, while offering a useful balance of detailed and user-friendly coverage. This fresh and intriguing examination of PE is essential reading for anyone hoping to gain a better understanding of PE, from seasoned professionals to those aspiring to enter the demanding world of finance.

With an acceleration in the last decades, the language of property, piracy and theft has become mainstream in copyright matters. Scholars have argued that this latent propertization has progressively led to the undue expansion of copyright and an enclosure of knowledge, causing clashes with users' fundamental rights and EU social and cultural policies. Challenging the validity of such critiques, Propertizing European Copyright demonstrates that these distortive effects are only the result of mishandled property rhetoric and that a commitment to copyright propertization could enable a more internally consistent and balanced development of EU copyright law. To prove the point, the book provides a comprehensive analysis of causes and effects of propertization in copyright history, comparing the impact of private and constitutional property doctrines in selected national experiences with the unsystematic propertization of EU copyright. The author argues for a systemization of EU copyright law, and provides practical examples of how propertization could help tackling the pitfalls of the harmonization process, achieving a greater interpretative coherence and a more stable copyright balance. Academics and policy makers engaged in the debate on EU copyright harmonization will find the multidisciplinary approach employed in this work compelling. Judges, practitioners and graduate students interested in deepening their knowledge of the construction of EU copyright will also find in this book an all-encompassing resource, rich in practical and theoretical insight.

When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.

When part of a person's body is separated from them, or when a person dies, it is unclear what legal status the item of bodily material is able to obtain. A 'no property rule' which states that there is no property in the human body was first recorded in an English judgment in 1882. Claims based on property rights in the human body and its parts have failed on the basis that the human body is not the subject of property. Despite a recent series of exceptions to the 'no property rule', the law still has no clear answer as to the legal status of the body or its material. In this book, Wall examines the appropriate legal status of bodily material, and in doing so, develops a way for the law to address disputes over the use and storage of bodily material that, contrary to the current trend, resists the application of property law. Wall assesses when a person ought to be able to possess, control, use, or profit from, his or her own bodily material or the bodily material of another person. Bodily material may be valuable because it retains a functional unity with the body or is a material resource that is in short supply. With this in mind, Wall measures the extent to which property law can represent the rights and duties that protects the entitlement that a person may exercise in bodily material, and identifies the limits to the appropriate application of property law. An alternative to property law is developed with reference to the right of bodily integrity and the right to privacy.

The so-called Quistclose trust probably represents the single most important application of equitable principles in commercial life. (Lord Millett in the foreword to this book). The decision of the House of Lords in Twinsectra v Yardley has refocused attention on the Quistclose trust. Although accepted by insolvency lawyers as a convenient tool for corporate rescue, the precise basis of the trust has always been in doubt. The purpose of these essays is to explore the foundations of the trust and subject them to a searching analysis. Contributors: Robert Stevens (Oxford), 'Rolls Razor Ltd'; William Swadling (Oxford), 'Orthodoxy'; James Penner (LSE), 'Lord Millett's Analysis'; Lionel Smith (McGill), 'Understanding the Power'; Robert Chambers (Alberta),'Restrictions on the Use of Money'; Peter Birks (Oxford),'Retrieving Tied Money'; Ewan McKendrick (Oxford), 'Commerce'; Robert Stevens (Oxford), 'Insolvency'; George Gretton (Edinburgh),'Scotland'.