|
|
Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law
Behind the scenes of the many artists and innovators flourishing
beyond the bounds of intellectual property laws Intellectual
property law, or IP law, is based on certain assumptions about
creative behavior. The case for regulation assumes that creators
have a fundamental legal right to prevent copying, and without this
right they will under-invest in new work. But this premise fails to
fully capture the reality of creative production. It ignores the
range of powerful non-economic motivations that compel creativity,
and it overlooks the capacity of creative industries for
self-governance and innovative social and market responses to
appropriation. This book reveals the on-the-ground practices of a
range of creators and innovators. In doing so, it challenges
intellectual property orthodoxy by showing that incentives for
creative production often exist in the absence of, or in disregard
for, formal legal protections. Instead, these communities rely on
evolving social norms and market responses-sensitive to their
particular cultural, competitive, and technological
circumstances-to ensure creative incentives. From tattoo artists to
medical researchers, Nigerian filmmakers to roller derby players,
the communities illustrated in this book demonstrate that
creativity can thrive without legal incentives, and perhaps more
strikingly, that some creative communities prefer, and thrive, in
environments defined by self-regulation rather than legal rules.
Beyond their value as descriptions of specific industries and
communities, the accounts collected here help to ground debates
over IP policy in the empirical realities of the creative process.
Their parallels and divergences also highlight the value of rules
that are sensitive to the unique mix of conditions and motivations
of particular industries and communities, rather than the
monoculture of uniform regulation of the current IP system.
Adoption of core practice management standards, based on Lexcel
v.5, is a mandatory requirement for legal practices seeking
accreditation under the new Wills and Inheritance Quality Scheme*.
To help applicants to understand and comply with these standards,
this practical toolkit: describes the requirements of each standard
gives advice on implementation sets out example policies, plans and
procedures refers to overlapping obligations under the SRA Handbook
compares the related obligations of the Wills and Inheritance
Protocol (see below). Over 30 example documents are provided in
this toolkit, both within the book and on its accompanying CD-ROM.
This means you can customise the documents to suit your firm's
particular needs. *Practices accredited under Lexcel v.5 already
meet the core practice management standards of the Wills and
Inheritance Quality Scheme. Members of the Conveyancing Quality
Scheme must demonstrate that core practice management standards
have been applied across the relevant departments.
The Rt Hon Professor Sir Robin Jacob has been variously a leading
member of the Intellectual Property Bar, a High Court judge and, as
Lord Justice Jacob, a judge in the Court of Appeal of England and
Wales. His primary area of expertise is intellectual property (IP)
rights. He chose to leave the Court of Appeal in March 2011 to take
up his current position as the Sir Hugh Laddie Chair in
intellectual property at University College London. Besides
teaching and writing he still sits occasionally in the Court of
Appeal, sits as an arbitrator, provides expert evidence, chairs the
Advisory Committee on the Appointment and Training of the Judges of
the Unified Patent Court and often advises the UK Government and EU
Commission on IP matters. These essays and speeches, selected from
his published and unpublished writings and lectures, illustrate the
breadth of his learning in IP and other matters. They are written
in typically straightforward and entertaining style and, in the
case of the older essays, include a commentary of what has happened
since they were first published. They will be of interest to any
lawyer, law student or scholar interested in the development of IP
law in the past quarter century or so.
In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court
of England and Wales decided in favour of a restitutionary award in
response to an unjust enrichment, despite the illegal transaction
on which that enrichment was based. Whilst the result was reached
unanimously, the reasoning could be said to have divided the Court.
Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and
Lord Neuberger favoured a discretionary approach, but their mode of
reasoning was described as 'revolutionary' by Lord Sumption (at
[261]), who outlined in contrast a more rule-based means of dealing
with the issue; a method with which Lord Mance and Lord Clarke
broadly agreed. The decision is detailed and complex, and its
implications for several areas of the law are considerable.
Significantly, the reliance principle from Tinsley v Milligan
[1994] 1 AC 340 has been discarded, as has the rule in Parkinson v
College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can
fairly be described as one of the most important judgments in
general private law for a generation, and it can be expected to
have ramifications for the application of the illegality doctrine
across a wide range of disciplinary areas. Unless there is
legislative intervention, which does not seem likely at the present
time, Patel v Mirza is set to be of enduring significance. This
collection will provide a crucial set of theoretical and practical
perspectives on the illegality defence in English private law. All
of the authors are well established in their respective fields. The
timing of the book means that it will be unusually well placed as
the 'go to' work on this subject, for legal practitioners and for
scholars.
Thinking about your death isn't easy, but it's even harder to
consider the consequences of not thinking about it. Failing to
execute a will or set up a trust could burden your heirs beyond
just grief at your passing, leaving them to deal with your
incomplete affairs as well.
Stephen L. Smith, a longtime attorney with thirty-five years of
experience in estate planning, seeks to take the mystery out of
what can often be an intimidating process. Using this guide, you
can learn how to understand the differences between wills and
trusts; evaluate attorneys and tax advisers; empower yourself to
direct the planning process; and maximize the money and assets that
get passed to others.
Whether you have a large estate or a modest one, it's important
to engage in estate planning to make your wishes known. Take
control of the process by arming yourself with the knowledge in
"Taking the Mystery out of Estate Planning."
This book offers an analysis of the interpretation of the WTO TRIPS
Agreement and its impact on the right to health. It furthers
understanding of WTO jurisprudence and researches the topic in a
broad framework of international law. It examines the extent to
which the patent protections in the TRIPS Agreement are consistent
with the right to health, and in particular with access to
medicine. It helps to underpin an understanding of the relationship
between human rights law and intellectual property law -
specifically between the right to health and patent protection. It
usefully analyses the relationship between TRIPS and the right to
health and develops an understanding of interpretive techniques for
use within WTO dispute settlement.
|
|