Ninety-three per cent of people who have made a will in the UK have not included any provision for their digital assets when they die. It is therefore vital that all practitioners involved in drafting wills and estate planning discuss with their clients what will happen to their digital estate on their death. This book explains the practical and legal aspects of planning for and administering a digital estate: * what constitutes a digital asset; * digital assets and the law; * how to consider digital assets when drafting wills; * dealing with digital assets after death; * the digitisation of wills and will signing; and * financial abuse and digital assets. The book provides guidance and precedents for dealing with digital assets when drafting wills and also covers issues such as the risks for solicitors, data security, access rights and valuing digital assets. A template for a digital assets inventory is also included.

This book covers a broad range of legal topics relating to the fields of bioinformatics and medical informatics, which relate to the intersection of biomedical information and computer programming within the contexts of scientific research, product development and healthcare delivery. A number of usually distinct bodies of legal doctrine come together in this area, sometimes overlapping, sometimes colliding in unexpected ways. Key issues discussed in the book include: An overview of the current landscape of bioinformatics and medical informatics A focus on the legal issues arising from the development and acquisition of informatics tools for use in a laboratory or healthcare setting Developments in patent and innovation law that are important for informatics applications A discussion of institutions and collaborative arrangements in which informatics applications are developed and used today Data protection and privacy issues applicable to informatics applications in the U.S. and Europe. While no single work can cover the entire set of legal issues arising from large, dynamic and complex fields such as bioinformatics and medical informatics, this book strives to offer the reader insight into some of the major legal trends and considerations applicable to these fields today.

This work is the undisputed authority in its field. In the two decades since it was first published in 1980, two supplements were produced to update the contents. The long-awaited second edition incorporates the important legislation relating to wills and intestate succession enacted over the last twenty years, and takes note of significant judgments and new literature on the subject. It reflects the law as at 1 June 2001. Authored by a former Chief Justice of South Africa, a practising senior counsel and an eminent academic, The Law of Succession in South Africa draws on an unusually wide range of legal experiences. It should form part of every law library. Indispensable work of reference. Comprehensive discussion of all aspects of the law of succession. Includes chapters on litigation in succession matters. Deals with the conflict of laws.

Biotechnology is a field that inspires complex legal and ethical debates on an international scale. Taking a fresh approach to the subject, Matthias Herdegen provides a comprehensive assessment of the regulation of biotechnology processes and products from an international and comparative perspective. Herdegen explores how regulatory approaches to controversial issues such as: stem cell research and cloning and gene therapy differ across jurisdictions due to conflicting values and risk perceptions. The book goes on to examine how international regulatory instruments aim to address these conflicting perspectives and provide judgments based on broad international consensus. Chapters explore the interaction between biotechnology and different fields of law including: human rights, intellectual property, trade law and environmental law. In doing so, a number of complex issues are raised such as the need to balance commercial interests with socio-cultural considerations and the need to ensure respect for human dignity in the pursuit of biomedical research. Providing a concise and accessible guide to a complex field of international law, this book will be of great value to those researching the law and regulation of biotechnology, biomedicine and biodiversity both within the EU and on an international scale. The book will also be a useful resource for practicing lawyers as it includes sources from a diverse range of legal systems and analyses relevant decisions by international adjudicatory bodies.

Climate Change, Sustainable Development and Cleantech envisions both global cleantech development and international cleantech transfer as crucial means to address climate change and secure sustainable development for planet earth. The book examines what it takes to attract foreign cleantech and encourage domestic cleantech innovation. The author proposes a pathway for developing countries that includes international aid, mutually beneficial international cleantech cooperation and domestic cleantech innovation. Prior to becoming an academician, the author garnered over fifteen years' practical experience as a software engineer and attorney at law. The author has drawn on this experience to examine empirical analysis of factual data such as global R&D data, global patenting data, international surveys concerning cleantech transfer and domestic cleantech innovation and proposes effective solutions to address climate change and achieve sustainable development. This book's interdisciplinary and empirical-based analysis and recommendations will be most valuable to policymakers working in climate change, sustainable development, cleantech development or deployment, intellectual property and innovation policy.

Discussing how intellectual property (IP) rights play a role in tackling the challenge of securing sustainable development, renowned scholars consider how the core objective of IP rights to promote innovation and development of new knowledge aligns with the UN Sustainable Development Goals (SDGs). This authoritative book provides an in-depth analysis of the multi-faceted interface between this core objective and the SDGs. Chapters analyse selected interrelations between IP law and other areas of law, including energy and financial law. Contributors explore the dimension of social development through timely examples such as the global solar photovoltaic market, the trend towards reusing and recycling, and the digital distribution of news services. This thought-provoking book argues for sustainable markets as an overreaching and contextual approach to the role of IP rights in tackling the challenges of the UN SDGs. Taking a market-based approach to IP rights and the SDGs, this engaging book will be of value to students and scholars of intellectual property and environmental law, as well as policymakers, practitioners and NGOs concerned with corporate social and environmental responsibility.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Presenting a concise, yet wide-ranging and contemporary overview of the field, this Advanced Introduction to Privacy Law focuses on how we arrived at our privacy laws, and how the law can deal with new and emerging challenges from digital technologies, social networks and public health crises. This illuminating and interdisciplinary book demonstrates how the history of privacy law has been one of constant adaptation to emerging challenges, illustrating the primacy of the right to privacy amidst a changing social and cultural landscape. Key features include: Incisive analysis of the meaning and value of privacy and the ways in which legal, social and economic institutions respond to our understanding of privacy in contemporary society A uniquely concise, contextual approach to privacy law, examining privacy as a constantly evolving social phenomenon and the legal implications of its mutability Historical and comparative insights into privacy and data protection laws across the common law world. This richly detailed book is an informative and thought-provoking resource for students, academics and practitioners of privacy and data protection law. Its interdisciplinary insights will also appeal to those working in legal history, media and cultural studies, economics and political science.

This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe. The book highlights the various options that have been explored in the past decades for the creation of a centralised and specialised European patent court. Chapters retrace the most developed proposals for the establishment of a patent court, assess their impact on judicial coherence and identify potential weaknesses and room for improvement. The UPC Agreement has a central role in this analysis as it is the most advanced proposal and is currently in its implementation phase. Providing a comparative analysis of the US and Japanese patent systems and identifying the potential for improvements, this timely book will be a valuable resource for scholars, students and policymakers in the fields of IP law, governance and political science.

The law of passing off protects traders from a form of misrepresentation that harms their goodwill, and consumers from the market distortion that may result. This carefully-crafted work seeks to delineate two intertwined aspects of goodwill: substantive and structural goodwill. It argues that the law of passing off should focus on protecting structural goodwill, and that this in turn allows traders' authentic voices to help shape the substantive goodwill to attract custom for them in the marketplace. The author clarifies the concept of 'goodwill', and examines this concept in the context of the common law jurisdictions of Australia, Canada, England and Wales as well as of relevant case law under 43(a)(1)(A) of the US Lanham Act. The book analyses the application of the law of passing off within the multi-directional social exchanges that traders, consumers and commentators engage in, as well as challenges the current consumer search costs theory that underpins the law of passing off and trademark laws. Providing a fresh look at this ever-changing aspect of law, this book will be key reading for legal scholars and students for its examination of inconsistencies in current law. Legal practitioners will also find this an invaluable resource as it considers the diverse application of the law.

This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a 'common good'. Featuring an excellent combination of contributions from leading experts, chapters offer insights into relevant cutting-edge issues that still remain unsettled. Divided into three main parts, it focuses on how IP can work as a tool for cultural heritage protection and, in particular, intangible cultural heritage, and discusses the politics and policies in this area, including whether such protection is fit for purpose. The final section explores special issues of intersection between the two, making it relevant to cultural heritage institutions such as museums, galleries, auction houses, libraries, and platforms, including issues of cultural heritage and IP management. Encompassing the latest developments and debates in the area, this Research Handbook will be key reading for academics, postgraduate students, and researchers in the fields of cultural heritage and art law, cultural heritage management, and intellectual property law. It will also be relevant for practitioners, policymakers, cultural heritage institutions, and content platforms.

Creativity has been integral to the development of the modern State, and yet it is becoming increasingly sidelined, especially as a result of the development of new machinic technologies including 3D printing. Arguing that inner creativity has been endangered by the rise of administrative regulation, James Griffin explores a number of reforms to ensure that upcoming regulations do take creativity into account. The State of Creativity examines how the State has become distanced from individual processes of creativity. This book investigates how the failure to incorporate creativity into administrative regulation is, in fact, adversely impacting the regulation of new technologies such as 3D and 4D printing and augmented reality, by focusing on issues concerning copyright and patents. This is an important read for intellectual property law scholars, as well as those studying computer science who wish to gain a more in-depth understanding of the current laws surrounding digital technologies such as 3D printing in our modern world. Legal practitioners wanting to remain abreast of developments surrounding 3D printing will also benefit from this book.

This incisive book examines the role of Intellectual Property (IP) as a complex adaptive system in innovation and the lifecycle of IP intensive assets. Discussing recent innovation trends, it places emphasis on how different forms of intellectual property law can facilitate these trends. Inventors and entrepreneurs are guided through the lifecycle of IP intensive assets that commercialise human creativity. Utilising a range of sector-specific, interdisciplinary and actor-focused approaches, each contribution offers suggestions on how Europe's capacity to foster innovation-based sustainable economic growth can be enhanced on a global scale. This comprehensive book addresses the role of IP in public-private partnerships and business transactions and further explores how IP law can uphold distributive justice in the innovation society. Chapters span a range of topics of great societal interest, including standard essential patent licensing in the Internet of Things, patent quality concerns under competition law and the role of market-driven and legislative solutions to online music licensing. Intellectual Property as a Complex Adaptive System will be a key resource for students and scholars of IP law, innovation and economics. It will also be vital reading for practitioners, knowledge-intensive industry representatives and innovation and technology transfer specialists.

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline. The essays in this 5th volume in the series come from authors who, after a lifelong engagement with various fields of intellectual property (including its socio-economic foundations), reflect on the events and processes that, in their scholarly experience, most significantly impacted on the great evolutionary trends in their particular fields. These reflections span a wide arc from the contradictory history of the regulation of employee inventions and works, to the status of intellectual property as market regulation under public international law; from the trajectories of trade mark protection in the European Union, to the paradigmatic changes copyright law has undergone as a result of technological change; from the influence of the human rights movement on perceptions of intellectual property, to the pendulum swings of patent protection in gene technology inventions; and finally, from the impact of the TRIPS Agreement and bilateral TRIPS plus agreements on IP in the pharmaceutical sector, to the continuing development of copyright for works of art and of the resale right in the PR China. With contributions from: Niklas Bruun, Thomas Cottier, Annette Kur, Hector L. MacQueen, Sam Ricketson, Dianne Nicol, Jayashree Watal, Zhou Lin

Written by expert scholars and practitioners, this unique Research Handbook presents the state of the art in research on, and the practice of, international design law. Combining cutting-edge research with a practical approach, it examines key trends and covers key cases, regional and national laws, as well as concepts of international design protection. In particular, the U.S. framework is compared with the regime of the EU, and issues relating to the Hague Agreement are also covered. Split across five thematic parts, this Research Handbook examines the foundations of, and methodological perspectives on, design law, the establishment and enforcement of protection, as well as many other critical issues, addressed from a transnational and comparative approach. Chapters consider protection of three-dimensional trade marks, graphical user interfaces, spare parts, protection of designs on the basis of use, priority issues under the Community design scheme, and cross-border copyright protection in Europe. Clear and accessible, the Research Handbook on Design Law will be of value to emerging and established scholars and students of international design law, while also being a key resource for practitioners and policy makers seeking to react and adapt to the rapid emergence of global developments.

Examining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK-EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property. Providing a detailed assessment of the continuing role of EU standards in the UK, Phillip Johnson highlights how the UK has played an active role in shaping EU intellectual property law and policy. He explores the extent to which the UK's "new" trade agreements are tied to existing EU law and how this will preserve those standards in the UK, and how this might been received both nationally and globally. An extensive range of critical issues is covered, including copyright, patents, designs, trade marks, border control and technology transfer as well as featuring a calendar of EU laws which are replicated in the UK's current free trade agreements. This authoritative book will be an important source of reference for academics and practitioners seeking to understand the role of intellectual property law in UK and EU free trade agreements, as well as scholars and students of intellectual property, trade laws, and European Law.

Owning the Masters provides the first in-depth history of sound recording copyright. It is this form of intellectual property that underpins the workings of the recording industry. Rather than being focused on the manufacture of goods, this industry is centred on the creation, exploitation and protection of rights. The development and control of these rights has not been straightforward. This book explores the lobbying activities of record companies: the principal creators, owners and defenders of sound recording copyright. It addresses the counter-activity of recording artists, in particular those who have fought against the legislative and contractual practices of record companies to claim these master rights for themselves. In addition, this book looks at the activities of the listening public, large numbers of whom have been labelled 'pirates' for trespassing on these rights. The public has played its own part in shaping copyright legislation. This is an essential subject for an understanding of the economic, artistic and political value of recorded sound.

This fresh and insightful Research Handbook delivers global perspectives on information law and governance, delving into principles of information law in the areas of trade secrecy, privacy, data protection and cybersecurity. Providing US, Japanese and European perspectives, this Research Handbook presents an overview of legal regimes concerning the protection of information, with a particular focus on trade secrecy protection. Top international contributors offer analyses of general principles of information law, rights in data, the tension between trade secrecy and the freedom of information and the cross-fertilisation between national and regional data protection regimes. Presenting an interdisciplinary and holistic approach to information law and governance, this innovative Research Handbook will be useful to those researching trade secrets, privacy and data security laws. The broad range of perspectives will also appeal to attorneys and information professionals who are engaged in information governance activities on behalf of their clients or employers.

This comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law. Leading academic experts examine the most crucial building blocks of the regulation of employee IP, such as authorship, inventorship and creatorship, as well as individual, corporate and collective works. Chapters focus on US and European law, but also offer insights from Chinese, Japanese and Korean law. The Research Handbook also tackles new and developing global challenges in the field, including labour mobility, trade secrets, non-compete clauses, university employees, cross-border business matters, and choice of law issues. Scholars and students in both IP and labour law, and particularly those working at the intersection of these fields, will find this Research Handbook invaluable. It will also provide important insights for legislators, business practitioners and university management.

This timely book investigates the issue of counterfeit and falsified medicines (CFM) in the EU, identifying that this is a problem that lies at the intersection of three spheres of law - medicine, intellectual property (IP), and criminal law. The book highlights key issues such as infiltration of the legal supply chain and the involvement of organised crime, analysing relevant EU law and demonstrating the challenges of CFM. Using examples from several case studies, Vishv Priya Kohli reveals the gaps in the current legal framework, underlining the particular difficulties created by the interplay between different areas of law as well as the lack of criminal penalties. The author explores areas where improvements have already been made, in particular through the Falsified Medicines Directive, and articulates a number of recommendations to fill in the gaps, for example by harmonizing criminal law and building synergies within law enforcement. Counterfeit and Falsified Medicines in the EU will be of great interest to academics and students in IP, health and medical law, and criminal law in the EU. It will also prove valuable for practitioners and policymakers working in and with enforcement authorities in the EU, as well as those working in the medical field itself.

This forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights. Featuring contributions from leading scholars from across the globe, the book focuses on four main themes, beginning with an examination of reforms to fundamental aspects of IP. Part II explores the emergence of artificial intelligence and the data on which it relies, offering timely new thinking on the impact of this significant new aspect of IP. Chapters then discuss specific ideas for reform in relation to copyright and trademarks in Part III, and in respect of geographical names and indications in Part IV. This book will prove crucial reading for scholars and researchers of intellectual property, particularly those working on reform and the effects of technology. It will also be useful for policymakers seeking to understand the potential impacts of new policies and legislation.

This follow-up to Graeme B. Dinwoodie and Mark D. Janis's successful book Trademark Law and Theory examines reform of trademark law from a number of perspectives and across many jurisdictions. In so doing, it analyses the most important current and future issues in the field, both providing normative frameworks for the development of trademark law and concrete proposals for reform. This Research Handbook is organized into three thematic parts discussing different areas of reform: the trademark registration process; subject matter boundaries and trademark protectability; and trademark scope and enforcement. Leading trademark law scholars from across the globe investigate important topics such as intermediary liability, trademark protection for product design, conceptions of the hypothetical ''average consumer'', and trademark depletion and congestion. Scholars and students of intellectual property law will find the provocative and insightful thinking in this Research Handbook stimulating and valuable. The practical suggestions for future reform will also be of interest to trademark lawyers, policymakers, brand managers and other marketing professionals.

This state-of-the-art Research Handbook provides an overview of research into, and the scope of current thinking in, the field of big data analytics and the law. It contains a wealth of information to survey the issues surrounding big data analytics in legal settings, as well as legal issues concerning the application of big data techniques in different domains. Featuring contributions from a variety of expert scholars, this is an interdisciplinary dialogue addressing big data analytics, tools and techniques and the societal impact of the field. Chapters analyze both cases anchored in a particular legal system (such as anti-corruption in China) and big data law approaches relevant across multiple practice areas: including machine learning within law, legal information retrieval, natural language processing and e-discovery. It also offers original insights from industry project reports that use big data law techniques in interesting, new ways. Providing a unique and interdisciplinary blend of analysis, this Research Handbook will be a key resource for legal scholars and students researching in areas such as criminal, tax, copyright and administrative law. It will also prove useful for practicing lawyers wanting to get a sense of the legal practice of the future, as well as law-makers thinking about the use of big data law techniques in government policy.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This important Advanced Introduction considers the multiple ways in which law and entrepreneurship intertwine. Shubha Ghosh expertly explores key areas defining the field, including lawyering, innovation policy, intellectual property and economics and finance, to enhance both legal and pedagogical concepts. Key features include: a survey of critical scholarly articles in the field of law and entrepreneurship analysis of challenges to legal professions in the new technological environment traces the roots of law and entrepreneurship to scholarly study of intellectual property. This Advanced Introduction will be a useful resource for scholars and instructors in law and business schools who teach courses on innovation and entrepreneurship. Students at both undergraduate and postgraduate levels will also appreciate the insights provided into the basic concepts, methods and future research directions.

This timely book provides a comprehensive survey of recent development in intellectual property (IP) law within the Association of Southeast Asian Nations (ASEAN) countries, written by experienced scholars and practitioners in the field. Divided into three insightful parts, the book looks into recent IP developments in individual countries, examining the relationship of ASEAN as a group with the wider region in IP matters, as well as providing comparative studies of copyright infringements, IP in agriculture, IP enforcement, and pharmaceutical patenting in the ASEAN countries. Chapters investigate further pressing topics such as IP related to the innovation economy, covering all countries of ASEAN, recently concluded bi- and multilateral agreements and ASEAN IP negotiations with China and other trading partners. Providing regional and international analysis of ASEAN IP law across multiple sectors, this book will prove a valuable resource for IP practitioners, legal academics and law students concerned with Asian IP law and innovation. Students interested in the intersection between IP law, economy and society, from disciplines such as economics, business and political science, will also benefit from this detailed read.

This original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties. Emmanuel Kolawole Oke critically evaluates the assumption that investment tribunals cannot take the rules of international intellectual property law into account when resolving investment disputes concerning intellectual property rights. He demonstrates instead the ways in which investment tribunals can and should adopt an intertextual approach when resolving such disputes, which, in turn, will help to preserve the intellectual property policy space of host states. Providing useful and thought-provoking insights, this book will be beneficial for legal scholars and students in the fields of intellectual property law, international investment law, and human rights. It will also be of great assistance to arbitrators faced with investment disputes involving intellectual property rights, as well as policy makers engaged in the negotiation of trade and investment agreements.