Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes. This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage. Considering all forms of intellectual property, including patents, copyright, design rights, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars, and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies, and anthropology.

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.

A New Framework for Intermediary Liability presents a step-by-step framework for determining when internet intermediaries ought to have a duty to act to prevent copyright infringement on their platforms and services. This timely book argues that intermediary liability for copyright infringement should be focused on an intermediary's actual responsibility for primary infringement and not simply its capacity to assist copyright owners in challenging infringement. Drawing on long-standing principles in the law of negligence, Kylie Pappalardo argues for a brand-new way to understand intermediary copyright liability and offers a means to distinguish innocent and responsible intermediaries at an early stage. Pappalardo reasons that a duty to act should only arise where the intermediary has causally contributed to the risk of infringement or where they have real and actual control over the actions of primary infringers. With astute consideration of the links between tort law and copyright, this book will be a compelling read for copyright scholars and researchers interested in intellectual property and technology law. Judges, lawyers and policymakers looking for guidance on how to define intermediary liability for copyright infringement will also find helpful direction in this book.

The creative industries are becoming of increasing important from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights. Distinguished international contributors reflect on the diverse policy approaches from across the world, taking into consideration a broad spectrum of economic and philosophical stances. In doing so, the topical chapters offer a global exploration of a wide breadth of issues, including sector-specific examples ranging from museums to traditional knowledge and artificial intelligence to enforcement and new business models. Intriguingly, this Handbook also looks forward to future challenges and developments regarding the role of IP in creative industries. Delivering fresh and challenging perspectives on the rich and important relationship between IP and the creative industries, this Handbook will be vital reading for scholars of IP. It will also be an important reference for advisors to, policymakers for, and funders of the creative industries, as well as activists challenging the power of IP. Contributors include: H. Berthold, A.E. Brown Abbe, R. Burt, I. Calboli, S. Chillas, S. Collins, J. Cornwell, C. Davies, K. Erickson, S. Frankel, N. Gervassis, M. Grewar, A. Guadamuz, V. Hafstein, C. Handke, J. Hartley, E. Kakiuchi, A. Keshet, S. Kheria, G.N. Mandel, R. Mukonoweshuro, E. Nwauche, M. Pavis, J. Reda, N. Rizk, A. Sabiescu, P. Schlesinger, N. Searle, J. Stapleton, S. Teilmann-Lock, B. Townley, C. Waelde, S. Whatley, H.K. Yilmaztekin, R.I. Yudhishthir

There is no longer any doubt that, for the foreseeable future, public access to computer software and information is essential for the economic development of every country on earth, rich and poor. Yet it is precisely here, in this most forward-looking of technologies, that the ancient legal battle lines of private ownership versus public interest are being drawn again, with extreme intransigence, in the field of international law pertaining to intellectual property rights. In a situation bristling with ironies, it is particularly disturbing that the rampant software piracy in developing nations undermines local development of this crucial economic sector, halting growth and actually reinforcing the global dominance of a few U.S. companies. It is urgently necessary to create a legal framework that not only protects licensors and makes piracy unattractive, but also fosters the growth of software and information industries in every country "f and particularly in those emerging countries most desperate for economic recovery. Dr. Singsangob's study is enhanced by in-depth comparative analysis of numerous provisions in applicable laws of the United States, Thailand, and the European Union, as well as international conventions and the U.S. Uniform Computer Information Transaction Act (UCITA). Although he clearly exposes the conflicts and incompatibilities that underlie the complexity of this area of the law, he argues that a viable legal regime is not far to seek, although time must be allowed for the current bias in favour of licensors to be corrected. He asserts that some such fundamental legal change must occur if we are to have a democratic future. This is a book that promises to bearfruit in the thinking and policymaking of professionals in a number of fields, including economic development, contract law, technology development, and communications law.

Media, Technology and Copyright is an interdisciplinary work that applies economic theory to central topical issues in the law of intellectual property. Based on the author's professional experience as a professor, lecturer, and consultant, the volume represents the first full-length consideration of the diverse topics of law and copyright by a professional economist. Opening chapters of the book involve issues in the analog domain, including the economics of infringement, fair use, property damages, liability rules, compulsory licensing, and publicity rights. Chapters on digital rights include topics related to software, databases, and cyber-law, including digital rights management, file-sharing, music licensing, deep linking, framing, and contributory infringement. The author also brings economic insights to competition law for intellectual property, including antitrust, copyright misuse, and applications in the European Union. Written in non-technical language for an interdisciplinary audience of lawyers, economists, students, artists, and professionals in the content industry, the book provides a comprehensive study for anyone interested in the issues surrounding intellectual property rights.

Intellectual property rights are essential for a firm's competitive edge and success and form the significant assets for many firms. The authors of this book argue that intellectual property is a complex phenomenon, which inevitably requires a combination of both economic and legal considerations, because the lack of understanding of the mechanisms for the protection and preservation of IP can serve to undermine any of the potential economic benefits. The book outlines the opportunities that can be derived from the use of IP in business and also identifies the rules necessary for their implementation. It offers a comprehensive, systemic research of intellectual property based on the most up-to-date legislation and cases of IP use in Russia. Such an approach will allow readers to fully understand the peculiarities of IP as a special phenomenon of the Russian market. There is a good balance between theoretical knowledge and practical implementation, and the plain language and unique approach to structuring information make the book accessible and easy to understand. It contains a special glossary of terms to facilitate the understanding of the material presented in the book. Although the book looks specifically at the Russian case, it will have international appeal, since intellectual property, by its very nature, has become a transnational phenomenon. Moreover, the international regulatory framework provides for the similarity of legal regulation of IP. The book will find an audience among researchers concerned with the economics and law of intellectual property, as well as, policymakers and practitioners involved in business IP.

Arguing that the translation of scientific and technical learning materials, and the publication of these translations in a timely and affordable manner, is crucially important in promoting access to scientific and technical knowledge in the developing world, this book examines the relationship between copyright law, translation and access to knowledge. Taking Sri Lanka as a case study in comparison with India and Bangladesh, it identifies factors that have contributed to the unfavourable relationship between copyright law and the timely and affordable translation of scientific and technical learning materials, such as colonisation, international copyright law, the trade interests of the developing economies and a lack of expertise and general lack of awareness surrounding copyright law in the developing world. Highlighting the need to reform international copyright law to promote the needs and interests of developing countries such as Sri Lanka, the book points to a possible way forward for developing countries to achieve this and to address the problem of striking a proper and delicate balance in their copyright laws between the protection of translation rights and the ability of people to access translations of copyright protected scientific and technical learning materials.

This book addresses the key issues, challenges and implications arising out of changes in the copyright law and corresponding judicial responses. Using concrete examples, the book does not assume any prior knowledge of copyright law, but brings together leading intellectual property researchers to consider the significant role of copyright law in shaping the needs of the modern digital world. It provides an insight into two distinct arenas: copyright and digital media. The exponential increase in the ability to multiply and disseminate information by digital means has sparked numerous conflicts pertaining to copyright - and in turn has prompted lawmakers to expand the scope of copyright protection in the digital age. Bearing in mind the new questions that the advent of the digital age has raised on the role and function of copyright, the book presents a collection of papers largely covering new frontiers and changing horizons especially in this area. The contributions intensively address core issues including the exhaustion principle, copyright and digital media, liability of hosting service providers, the originality requirement, accessibility to published works for the visually disabled, criminalization of copyright infringement, and software protection under copyright law, among others. Consisting of 14 papers, this book will be equally interesting to researchers, policymakers, practitioners and lawmakers, especially those active in the field of Intellectual Property Rights (IPR).

This major new contribution to the literature on charity law is the result of collaboration between an expert academic and a leading practitioner in the field. The combination of their different skills and experience produces an in-depth analysis of the law that is informed both by detailed scholarship and an understanding of how charity law really operates in practice today. It incorporates analysis of the likely effects of the Human Rights Act 1998 and of the important changes made by The Finance Act 2000 and The Trustee Act 2000.

This collection is an inspiration and a delight for those advocates fighting for access to knowledge in the 21st century. The work highlights a number of 21st century challenges - including the obstacles of restrictive licensing; the barriers and obstacles of intellectual property; and the threats posed by international trade agreements. This collection provides a toolbox of policy solutions to deal with such hazards. The work highlights how information and knowledge can be unlocked through open access licensing, progressive intellectual property law reform, and fair trade.' - Matthew Rimmer, Australian Research Council, ANU College of Law and the Australian Centre for Intellectual Property in Agriculture'In a knowledge economy, access to information and knowledge takes on an ever-increasing role. But certain knowledge outputs are protected by exclusive intellectual property rights, which in one way or another restrict access to some information. It is therefore timely to examine these access issues in greater detail. The fact that this volume offers such a detailed analysis is its greatest strength. The in-depth analysis of all these aspects makes this a truly fascinating book!' - Paul Torremans, University of Nottingham, UK 'This is an important book that brings together leading scholars from Europe and the United States to explore the access challenge in intellectual property law. It reframes the debate by focusing on the critical role of timely access to information in innovation-based economies. Well worth the read.' - Michael W. Carroll, American University Washington College of Law, US Massive quantities of information are required to fuel the innovation process in a knowledge-based economy; a requirement that is in tension with intellectual property (IP) laws. Against this backdrop, leading thinkers in the IP arena explore the 'access challenge' of the 21st century, framed as the tension between the interest in the free flow of information and the fragmentation of knowledge resulting from strong IP laws. In some areas this tension seems to resolve in a shift of IP laws in the direction of greater openness, whether due to new business models, improved legal tools or access-friendly interpretations of existing laws. The book's chapters explore the challenges encountered by this 'opening' process from various perspectives, including: - open access to public sector and scientific research data - enhanced use of licensing - reshaping the contours of individual IP laws - inclusion of new stakeholders in the IP debate - challenges to the information flow in the international arena. In identifying some of the core IP-related challenges to the process of adapting to the knowledge needs of the new economy, this book will provide an enlightening read for academics, policymakers and lawyers concerned with IP laws and the flow of knowledge. Contributors: J. Axhamn, D. Beldiman, D.L. Burk, E. Ellyne, C. Geiger, L. Guibault, R. Kampf, M. Marzetti, M. Ricolfi, I. Schneider, M. Senftleben, A. Stazi, P. Yu

Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies is the most comprehensive and up-to-date analysis of the legal issues in the Internet of Things (IoT). For decades, the decreasing importance of tangible wealth and power - and the increasing significance of their disembodied counterparts - has been the subject of much legal research. For some time now, legal scholars have grappled with how laws drafted for tangible property and predigital 'offline' technologies can cope with dematerialisation, digitalisation, and the internet. As dematerialisation continues, this book aims to illuminate the opposite movement: rematerialisation, namely, the return of data, knowledge, and power within a physical 'smart' world. This development frames the book's central question: can the law steer rematerialisation in a human-centric and socially just direction? To answer it, the book focuses on the IoT, the sociotechnological phenomenon that is primarily responsible for this shift. After a thorough analysis of how existing laws can be interpreted to empower IoT end users, Noto La Diega leaves us with the fundamental question of what happens when the law fails us and concludes with a call for collective resistance against 'smart' capitalism.

This book systematically studies the structural characteristics of IP laws and regimes of major Asian economies, including (but not always) China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Singapore, Taiwan, and Thailand. It explores and crystallizes some worthy Asian models which could further help the development of international IP laws. This book begins with an overview of Asian modern history and IP laws. It discusses the three basic IP laws in Asia which are patent law, trademark law and copyright law. It looks at the pre-established damages for copyright infringement and trademark counterfeiting. The book also deals with problems with trade secret and its over-protection. It compares IP laws and four industries in India and China, and examines what role have IP laws played in the development in those industries and how India and China can learn from each other. Finally, it examines one medium and one small-sized Asian economy on its respective struggle (Taiwan's efforts to build a coherent IP exhaustion regime) and a success story (how Singapore has utilized IP to secure its position in global value chains). This book is a useful reference for law students, scholars, practitioners, IP professionals who are interested in knowing Asia, Asian IP laws and industries, their struggles and finding ways to better global IP laws. The case studies could provide helpful lessons for other Asian economies and beyond.

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.

Protecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples' rights to self-determination. Drawing on the experience of India and Peru, the author identifies lessons that may be used by Indigenous and local communities in making decisions regarding the protection of traditional knowledge. Using these two key case studies, the book argues that a sui generis regime based on principles of self-determination, prior informed consent and mutually agreed terms may empower Indigenous and local communities and act as a form of corrective justice. This informative and accessible book will be a valuable resource for Indigenous and local peoples as well as scholars of intellectual property law, Indigenous knowledge systems and international environmental law. It will also be of interest to readers working in policy development, governance, law and international development, human rights and the rights of Indigenous and local communities.

Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole-as opposed to specific doctrines or particular aspects of constructive trusts-have been few and far between. Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By using a combination of conceptual tools, it provides answers to a number of crucial questions, for example: What are the ingredients of a constructive trust claim? What are the limits of constructive trusts? How can we rationalise the imposition of constructive trusts in particular situations? Why do judges exercise varying degrees of remedial discretion in different doctrines? From a wider perspective, the structured understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts.

'Copyright law has always somehow managed to adapt to new technological and social developments as well as to new artistic and creative practices. However, every time such a development occurs, the legitimate question arises if the system is adaptable or if the breakthrough is so gigantic that a new system needs to be elaborated. In any case, new scholarly reflections are needed in regular intervals and that is exactly the purpose of this fascinating edited collection by Enrico Bonadio and Nicola Lucchi on non-conventional copyright, exploring from various angles the copyright issues of all sorts of creations ranging from unconventional art forms, new music and atypical cultural practices to new advances in technology, not forgetting to investigate the delicate issues around copyright on illegal and immoral works.' - Christophe Geiger, University of Strasbourg, France Copyright law constantly evolves to keep up with societal changes and technological advances. Contemporary forms of creativity can threaten the comfortable conceptions of copyright law as creative people continually find new ways of expressing themselves. In this context, Non-Conventional Copyright identifies possible new spaces for copyright protection. With current copyright law in mind, the contributions explore if the law should be more flexible as to whether new or unconventional forms of expression - including graffiti, tattoos, land art, conceptual art and bio art, engineered DNA, sport movements, jokes, magic tricks, DJ sets, perfume making, typefaces, or illegal and immoral works - deserve protection. Vitally, the contributors suggest that it may be time to challenge some of the basic tenets of copyright laws by embracing more flexible ways to identify protectable works and interpret the current requirements for protection. Additionally, some contributors cast doubts about whether copyright is the right instrument to address and regulate these forms of expression. Contemporary in topic, this thought-provoking book will be essential reading for intellectual property law scholars, practitioners and policymakers. Creative people and those involved in the creative industries will also find this book an engaging read. Contributors include: E. Bonadio, S. Burke, C. Cronin, T. Dagne, T.W. Dornis, F.J. Dougherty, T.M. Gates, M.P. George, E. Haber, S. Karapapa, Y.M. King, T. Iverson, N. Lucchi, G. Mazziotti, J. McCutcheon, L. McDonagh, M. Maggiore, P. Mezei, M. Mimler, A.G. Scaria, C.Y.N. Smith, X. Tang

The Supreme Court of the United States in Feist v. Rural (1991) required that databases must have a minimal degree of creativity for copyright. The judgment was highly significant and the subsequent period is understood as the post-Feist era. It has been globally influential. However, the decision is extremely complex and remains unsatisfactorily interpreted. In particular, it has been impossible to illuminate the creativity requirement. The book gives an account of the decision's conceptual structure, focusing on its full delineation of the opposite to creativity. In a radical and unprecedented innovation, it is correlated with an automatic computational process. Creativity itself is understood as non-computational or directly human activity concerned with meaning. Determining the presence of creativity is reduced to a four-stage test. This work then has acute practical current relevance to property in data in the digital age; it will also be of theoretical interest to, and is aimed at, researchers in, practitioners, and students of intellectual property worldwide.

This book focuses on the economic aspects of intellectual property (IP). It includes considerations of the wider category of intangible assets. However, the primary focus is devoted to patents which the author argues are the most vivid example of the Tragedy of Intangible Abundance (TIA). TIA touches upon a key issue in the contemporary economy. On the one hand, there is an enormous supply of IP, yet, on the other hand, such an abundance does not necessarily solve existing issues but rather creates new ones as well. This book elaborates on the reasons for the emergence of TIA and its consequences. The author uses clear metaphors to explain very complex issues. The book provides a valuable and interdisciplinary analysis of the field and offers practical solutions. It is based on the data collected by the author during the qualitative research he conducted among a group of start-ups. It presents guidance on determining which instrument is the most efficient for a particular situation. It also provides arguments for decision-makers and their advisors as to why a more open approach towards intellectual property would be more beneficial under many circumstances in the contemporary economy. While universal issues are addressed, the author distinguishes the European perspective too. The book is written in a clear and concise style and covers all of the crucial aspects of IP management. It will find an audience among scholars of economics and business.

This book focuses on analysing how legal systems set the terms for interactions between human beings and plants. The story that the book recounts is one of experimental lawmaking in Ecuador, a country where over the past decade, governmental officials and civil society advocates have attempted to reconfigure how human individuals and institutions relate to nature, by following an "eco-centric" approach to lawmaking. In doing so, Ecuadorian legislators, administrators, and judges have taken seriously the ontologies of non-human entities, including plants, through a process that has required the continuous navigation of tensions with certain "logics" that pervade conventional legal regimes. The book endeavours to disrupt these conventional assumptions and approaches to lawmaking by taking seriously alternative strategies to reconstitute interactions between people and plants. In doing so, the book argues in favour of an "ecological turn" in laws that govern vegetal life. The analysis is based on a close examination of the experiences that lawmakers in Ecuador have had when experimenting with innovative approaches to re-form relationships between human and non-human beings. Concretely, these experiments have yielded constitutional, legislative, and regulatory changes that inform the inquiry of how intellectual property and plant genetic resources laws - both in Ecuador and worldwide - could become more "ecological" in nature. The argument that the book develops is based on extensive ethnographic fieldwork and empirical research in Ecuador, complemented by archival and doctrinal legal analysis. The contents of the book will be of interest to an academic audience of legal scholars and postgraduate students in law, in addition to scholars and students in the fields of anthropology, sociology, socio-legal studies, and science and technology studies.

Linking traditional and local products to a specific area is increasingly felt as a necessity in a globalised market, and Geographical Indications (GIs) are emerging as a multifunctional tool capable of performing this and many other functions. This book analyses the evolving nature of EU sui generis GIs by focusing on their key element, the origin link, and concludes that the history of the product in the broad sense has become a major factor to prove the link between a good and a specific place. For the first time, this area of Intellectual Property Law is investigated from three different, although interrelated, perspectives: the history and comparative assessment of the systems of protection of Indications of Geographical Origin adopted in the European jurisdictions from the beginning of the 20th century; the empirical analysis of the trends emerging from the practice of EUGIs; and the policy debates surrounding them and their importance for the fulfilment of the general goals of the EU Common Agricultural Policy. The result is an innovative and rounded analysis of the very nature of the EU Law of GIs that, starting from its past, investigates the present and the likely future of this Intellectual Property Right. This book provides an interesting and innovative contribution to the field and will be of interest to GI scholars and Intellectual Property students, as well as anyone willing to gain a better understanding of this compelling area of law.

New innovations are created every day, but today's business leaders are focused on finding disruptive innovations which are cheaper and lower performing than upmarket technologies. They create new markets, and challenge the status quo of existing technological thinking creating uncertainty both in the future of the innovation and the outcome of the market upheaval. Disruptive innovation is an influential innovation theory in business, but how does it affect the law? Several of these technologies have brought new ways for individuals to deal with copyright works while disrupting existing market expectations, while their ability to spawn social norms has presented challenges for legislation. Considering disruptive innovation as a class, this book examines innovations that have impacted copyright in the past, what lessons can be learned from how the law interacted with them, and how the law can successfully deal with them going forward. Creating comprehensive guidance that can be used when faced with disruptive innovations with the aim of more successful legislation, it considers whether copyright law itself has been disrupted through these innovations. Exploring whether disruptive innovations as a class have unique properties that necessitate action by legislators and whether these properties have the possibility to disrupt the law itself, this book theorises how the law should deal with disruptive innovations in general, going beyond a discussion of the regulation of specific innovations to develop a framework for how law makers should deal with disruptive innovations when faced by one.

The primary purpose of a patent law system should be to enhance economic efficiency, in particular by providing incentives for making inventions. The conventional wisdom is that patents should therefore be strictly exclusive rights. Moreover, in practice patent owners are almost never forced to give up their right to exclude others and receive only a certain amount of remuneration with, for instance, compulsory licensing. Other economically interesting patent-law objectives, however, include the transfer and dissemination of knowledge. Mechanisms exist by which the patent owner decides if he or she would prefer exclusive or non-exclusive rights, for instance the opportunity to declare the willingness to license and create patent pools. But it is questionable whether these mechanisms are sufficient and efficient enough in view of the existence of patent trolls and other problems. This work challenges the conventional wisdom to a certain extent and makes proposals for improvements.

Artificial intelligence (AI) now infiltrates our culture. After a couple of difficult winters, AI today is a word on everybody's lips, and it attracts everyone's attention regardless of whether they are experts or not. From Apple's Siri to Amazon's Alexa, Tesla's auto-driving cars to facial recognition systems in CCTV cameras, Netflix's film offering services to Google's search engine, we live in a world of AI goods. The advent of AI-powered technologies increasingly affects people's lives across the globe. As a tool for productivity and cost-efficiency, AI also shapes our economy and welfare. AI-generated designs and works are becoming more popular. Today, AI technologies can generate several intellectual creations. Fashion is one of the industries that AI can profoundly impact. AI tools and devices are currently being used in the fashion industry to create fashion models, fabric and jewellery designs, and clothing. When we talk about AI-generated designs, we instead focus on the fruits of innovation - more best-selling apparels, more fashionable designs and more fulfilment of customer expectations - without paying heed to who the designer is. Designers invest a lot of talent, time and finances into designing and creating each article of clothing and accessory before they release their work to the public. Pattern drafting is the first and most important step in dressmaking. Designers typically start with a general sketch on paper; add styles, elements and colours; revise and refine everything; and finally deliver their design to dressmakers. AI accelerates this time-consuming and labour-intensive process. Yet the full legal consequences of AI in fashion industry are often forgotten. An AI device's ability to generate fashion designs raises the question of who will own intellectual property rights over the fashion designs. Will it be the fashion designer who hires or contracts with the AI programmer? Will it be the programmer? Will it be the AI itself? Or will it be a joint work of humans and computers? And who will be liable for infringement deriving from use of third-party material in AI-generated fashion designs? This book explores answers to these questions within the framework of EU design and copyright laws. It also crafts a solution proposal based on a three-step test and model norms, which could be used to unleash the authors, rights holders and infringers around AI-generated fashion designs.

This book seeks to provide an extensive analysis of the equitable doctrine of marshalling in the way that it applies to secured debt. There is detailed and systematic reference to the application of marshalling in the United Kingdom, in particular the conditions that must be satisfied before marshalling will assist a secured creditor and the limitations imposed on its effective operation. There is also substantial comparative material with extensive analysis of Commonwealth law and selected US authorities. This book will appeal equally to those specialists working in equity, banking and finance law and to commercial lawyers more generally.