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.

The enforcement of TRIPS-plus standards on Intellectual Property (IP) has become one of the most significant challenges for developing countries in recent years. This book is the first initiative linking IP enforcement and development, which fundamentally differs from the approach and perspective of developed countries.The editors encourage developing countries to address the emerging challenges in IP enforcement initiatives at various international forums, and to devise appropriate national policies and legislation on IP enforcement, in accordance with international treaties. The book examines the trend towards increasing global IP enforcement, recent case law developments, abuse of IP enforcement procedures, and provides strategic considerations and recommendations for developing countries. With an interdisciplinary approach Intellectual Property Enforcement will be a must-read for scholars, experts and students of international relations, government officials and negotiators and companies engaged in IP enforcement activities.

Perspectives on Patentable Subject Matter brings together leading scholars to offer diverse perspectives on the question of which types of subject matter are even eligible for patent protection, setting aside the widely known requirement that a claimed invention avoid the prior art and be adequately disclosed. Some leading commentators and policy-making bodies and individuals envision patentable subject matter to include anything under the sun made by humans, others envision a range of restrictions for particular fields of endeavor, from business methods and computer software to matters involving life, such as DNA and methods for screening or treating disease. Employing approaches that are both theoretically rigorous and grounded in the real world, this book is well suited for practicing lawyers, managers, lawmakers and analysts, as well as academics researching or teaching in law schools, business schools, public policy schools, and in economics and political science departments.

This book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especially in Asia, and how they can be better dealt with in future globally. The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards. This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.

This book draws upon domestication science to undertake a radical reappraisal of the jurisprudence of property and intellectual property.

There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.

Media literacy educators rely on the ability to make use of copyrighted materials from mass media, digital media and popular culture for both analysis and production activities. Whether they work in higher education, elementary and secondary schools, or in informal learning settings in libraries, community and non-profit organizations, educators know that the practice of media literacy depends on a robust interpretation of copyright and fair use. With chapters written by leading scholars and practitioners from the fields of media studies, education, writing and rhetoric, law and society, library and information studies, and the digital humanities, this companion provides a scholarly and professional context for understanding the ways in which new conceptualizations of copyright and fair use are shaping the pedagogical practices of media literacy.

Many narratives of theater history suggest that the 1960s marked the start of a turning away from traditional, script-based, playwright-centric production practices. Literary studies in this period began exploring the concept of the "death of the author" along similar lines. But the author refused to die quietly, and authorship reasserts itself in even revolutionary and avant-garde theaters throughout the latter half of the twentieth century. The model of authorship-valorizing individuality, ownership, and originality-serves to maintain traditional modes of production that reproduce and uphold dominant ideologies even when the products created by those modes of production claim to buck tradition or run counter to cultural currents. This ideology of authorship plays a part in playwrights shutting down productions of their own plays, in the privileging of individual authorship over joint authorship even in collaborative genres, and in the insistence on originality even in performance traditions rooted in a shared repertoire. This tension between the theoretical death of the author and the growth of actual authors' abilities to control access to and even in some cases interpretations of their work exposes the deftness with which dominant ideologies and their attendant modes of production can repurpose the aesthetics of even countercultural or revolutionary movements in theater.

Creative Expression and the Law helps readers better comprehend the legal pitfalls that can present themselves when artists and content creators are generating ideas, producing content and protecting and defending their creative work. In doing so, the book provides a deeper, more targeted examination of copyright, trademark and right of publicity law than is found in standard communication law texts. This examination focuses on how courts scrutinize and apply law to works of artwork and other forms of creative expression and how the constitutional strength of a First Amendment defense can vary across the legal and artistic landscape. The text approaches law as an evolving story shaped by the U.S. Constitution and its commitment to freedom of speech. It draws connections among the various legal areas and explains the purpose and development of each area of law. A set of lively cases that involve iconic brands, celebrities and expressive works are used to illustrate legal standards. Infographics and visual examples of creative work that found itself at the center of legal disputes help readers visualize abstract legal principles and rulings. These images are an important part of the text given the role that visual cues play in helping content creators learn, retain and utilize information.

Creative Expression and the Law helps readers better comprehend the legal pitfalls that can present themselves when artists and content creators are generating ideas, producing content and protecting and defending their creative work. In doing so, the book provides a deeper, more targeted examination of copyright, trademark and right of publicity law than is found in standard communication law texts. This examination focuses on how courts scrutinize and apply law to works of artwork and other forms of creative expression and how the constitutional strength of a First Amendment defense can vary across the legal and artistic landscape. The text approaches law as an evolving story shaped by the U.S. Constitution and its commitment to freedom of speech. It draws connections among the various legal areas and explains the purpose and development of each area of law. A set of lively cases that involve iconic brands, celebrities and expressive works are used to illustrate legal standards. Infographics and visual examples of creative work that found itself at the center of legal disputes help readers visualize abstract legal principles and rulings. These images are an important part of the text given the role that visual cues play in helping content creators learn, retain and utilize information.

Key Facts Key Cases: Equity & Trusts will ensure you grasp the main concepts of your Equity & Trusts module with ease. This book explains the facts and associated case law for: * The nature of a trust, the creation of express private trusts and purpose trusts * Constitution of trusts * Types of trust: secret, protective and discretionary, resulting and constructive and charitable * Trusteeship and the powers and duties of trustees * Varying trusts * Breach of trust and available remedies Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: * diagrams at the start of chapters to summarise key points * structured headings and numbered points to allow for clear recall of the essential points * charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. * Essential and leading cases are explained * The style, layout and explanations are user friendly * Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition

Course Notes is designed to help you succeed in your law examinations and assessments. Each guide supports revision of an undergraduate and conversion GDL/CPE law degree module by demonstrating good practice in creating and maintaining ideal notes. Course Notes will support you in actively and effectively learning the material by guiding you through the demands of compiling the information you need. * Written by expert lecturers who understand your needs with examination requirements in mind * Covers key cases, legislation and principles clearly and concisely so you can recall information confidently * Contains easy to use diagrams, definition boxes and work points to help you understand difficult concepts * Provides self test opportunities throughout for you to check your understanding * Illustrates how to compile the ideal set of revision notes * Covers the essential modules of study for undergraduate llb and conversion-to-law GDL/CPE courses.

The form of graffiti writing on trains and walls is not accidental. Nor is its absence on cars and houses. Employing a particular style of letters, choosing which walls and trains to write on, copying another writer, altering or destroying another writer's work: these acts are regulated within the graffiti subculture. Copyright Beyond Law presents findings from empirical research undertaken into the graffiti subculture to show that graffiti writers informally regulate their creativity through a system of norms that are remarkably similar to copyright. The 'graffiti rules' and their copyright law parallels include: the requirement of writing letters (subject matter) and appropriate placement (public policy and morality exceptions for copyright subsistence and the enforcement of copyright), originality and the prohibition of copying (originality and infringement by reproduction), and the prohibition of damage to another writer's works (the moral right of integrity). The intersection between the 'graffiti rules' and copyright law sheds light on the creation of subculture-specific commons and the limits of copyright law in incentivising and regulating the production and location of creativity.

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.

Universities everywhere are increasingly being encouraged to translate their research findings into practical applications that will further the common good through technology transfer, a process in which intellectual property (IP) laws and systems play a central role. This Research Handbook skilfully places IP issues in technology transfer into their historical and political context whilst also exploring and framing the development of these intersecting domains for innovative universities in the present and the future. Written by leading experts from across the world, this Research Handbook offers new insights into our understanding of this area and its practical implications, situating IP and technology transfer within larger dialogues concerning the future of the research university. It illuminates a complex ecosystem in which the stakes are high and best practices are nuanced. Not overlooked are the most timely and controversial topics in the field, including inter partes review proceedings, conflicts of interest, patent enforcement and the public good, 3D printing, and university treatment of data. This Research Handbook will prove critical reading for scholars of both technology transfer and IP, as well as for practitioners working in these fields. Stakeholders such as university presidents and governing boards and members of higher education organizations will also find it insightful and useful. Contributors include: D.R. Cahoy, J. Carter-Johnson, Z. Chu, J.L. Contreras, M. Costa, J.A. Cunningham, C.L. Dahl, R. Feldman, T. Firpo, B.L. Frye, S. Ghosh, P. Guarda, C.S. Hayter, P. Lee, M.A. Lemley, B.J. Love, M.J. Madison, M.S. Mireles, M. Nicotra, E. Oliver, B. Pilz, M. Rimmer, M.D. Rinehart, M. Romano, J.H. Rooksby, C.J. Ryan, J.A. Sebeok, T. Sherer, L. Vertinsky, J.B. Warshaw, S. Xiaoxue

Text, Cases and Materials on Equity and Trusts has been considerably revised to broaden the focus of the text in line with most LLB core courses to encompass equity, remedies and injunctions and to take account of recent major statutory and case law developments. The new edition features increased pedagogical support to outline key points and principles and improve navigation; 'notes' to encourage students to reflect on areas of complexity or controversy; and self-test questions to consolidate learning at the end of each chapter. New to this edition: is a detailed examination of The Civil Partnership Act 2004 and the Charities Act 2006 important case law developments such as Stack v Dowden (constructive trusts and family assets), Oxley v Hiscock (quantification of family assets), Barlow Clowes v Eurotrust (review of the test for dishonesty), Abou-Ramah v Abacha (dishonest assistance and change of position defence), AG for Zambia v Meer Care & Desai (review of the test for dishonesty), Horley Town Football Club (gifts to unincorporated association), Re Loftus (defences of limitation, estoppel and laches), Templeton Insurance v Penningtons Solicitors (Quistclose trust and damages) and many more are new chapters on the equitable remedies of specific performance, injunctions, rectification, rescission and account are extracts from the Law Commission's Reports and consultation papers on 'Sharing Homes' and 'Trustee Exemption Clauses' as well as key academic literature and debates. The structure and style of previous editions have been retained, with an emphasis on introductory text and case extracts of sufficient length to allow students to develop analytical and critical skills in reading legal judgments. Substantial author commentary helps the text give the flow, coherence and direction of a textbook whilst providing the reader with a wide range of primary and secondary material from a variety of sources. A supporting Companion Website provides twice-annual updates to the cases and legislation discussed within the text; answers to the questions contained within the text, and sample essay questions. http://www.routledgecavendish.com/textbooks/9780415442947

The principle of national treatment, or the non-discrimination clause, applies across many fields of international economic law. This book provides a unique horizontal examination of the principle as it applies within international trade law, international investment law and intellectual property law, whilst also offering challenging and perceptive views on commercial practices, trade law and policy.Combining perspectives from practitioners, academics and members of the judiciary, the book is the first to cover the national treatment principle across the whole field of international economic law - including not only in the domain of WTO law, but also in treaty and contractual settings involving investment and in intellectual property law. It also provides practical insights regarding the application of the principle relevant to inter-state relations, state-investor relations and in the context of intellectual property protection. With its comprehensive interdisciplinary coverage, this book will be of special interest to academics, students and practitioners interested in international economic law and trade, international investment law, and intellectual property law and policy. Contributors: A.E. Appleton, R. Brauneis, L. Choukroune, D. Collins, T. Cottier, L. Ehring, J. Flett, C. Heath, A. Kamperman Sanders, D. Prevost, S.J. Schaafsma, L. Schneller

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.

Trade mark law has become an increasingly important field of law in the context of a rapidly globalizing economy. The promotion and protection of marks is widely viewed as the most important tool for a successful expansion of business, particularly in areas of economic transformation such as the Asia-Pacific region. This collection of essays examines the legal protection of well-known marks both under trade mark and unfair competition law in 10 different jurisdictions of the Asia-Pacific region, analyzing the still widespread piracy of well-known marks in the context of the underlying legal and cultural concepts. It explores the significance of trade marks in an information society, highlighting the tensions between those seeking to protect their well-established brands globally in an age of electronic commerce, and those concerned to prevent large firms from being granted indiscriminate control over certain marks without having made the corresponding marketing efforts. It examines the opportunities and problems arising from the advent of the new digital technology, and looks at some of the issues the technology gives rise to, such as the protection of domain names. The papers collected in this volume are the revised and updated proceedings of a conference on Trade Marks, Domain Names and Unfair Competition in the Information Age, held in Taipei in January 1999, as the result of the co-operation by the Sun Yat-Sen Institute for Social Sciences and Philosophy, Academia Sinica, Taipei, and the Max Planck Institute, Munich.

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.

When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions - WIPO and the WTO - in furthering such harmonization? This book explores these questions from a global welfarist, rationalist perspective. It grounds its analysis in innovation theory and a examination of patent law and prosecution, incorporating the uncertainty of patent law's impact on welfare at a detailed level, dynamic changes, the skewed nature of patent value and the difficulty of textually capturing patent concepts. Using tools from new institutional economics, it explores future design implications for international institutions, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analyses. Academics, students and practitioners interested in international economic law, specifically in respect of patents, innovation and intellectual property, the TRIPs Agreement, the WTO and WIPO will find this book essential. It will also prove insightful for researchers whose primary background is in international relations or international political economy, but are seeking an introduction to the patent and intellectual property field. Contents: Introduction Part I: Welfare-Enhancing Harmonization 1. Domestic Patent Law, Autarchic Analysis 2. The Value of Diversity: Relaxed Autarchy 3. Bases for Harmonization Part II: International Patent Law Institutions 4. History 5. International Patent Cooperation as Collective Action 6. Institutional Analysis: WIPO and the WTO Conclusions and Implications References

Planning how to pass your estate on doesn't have to mean complications, legal jargon and huge bills. "Wills, Probate and Inheritance Tax For Dummies, 2nd Edition" takes you through the process step-by-step and gives you all the information you need to ensure that your affairs are left in good order. It shows you how to plan and write your will, minimise the stress of probate, and ensure that your nearest and dearest are protected from a large inheritance tax bill.

Discover how to: Decide if a will is right for you Value your assets Leave your home through a will Appoint executors and trustees Choose beneficiaries Draw up a DIY will Work out how inheritance tax works and if you're liable to it Find out what can and can't be taxed

Digital technology has made culture more accessible than ever before. Texts, audio, pictures and video can easily be produced, disseminated, used and remixed using devices that are increasingly user-friendly and affordable. However, along with this technological democratization comes a paradoxical flipside: the norms regulating culture's use - copyright and related rights - have become increasingly restrictive. This book brings together essays by academics, librarians, entrepreneurs, activists and policy makers, who were all part of the EU-funded Communia project. Together the authors argue that the Public Domain - that is, the informational works owned by all of us, be that literature, music, the output of scientific research, educational material or public sector information - is fundamental to a healthy society. The essays range from more theoretical papers on the history of copyright and the Public Domain, to practical examples and case studies of recent projects that have engaged with the principles of Open Access and Creative Commons licensing. The book is essential reading for anyone interested in the current debate about copyright and the Internet. It opens up discussion and offers practical solutions to the difficult question of the regulation of culture at the digital age.

This timely book reviews the changes in legal reform around the constitutional protection of private property in China since 1949. Using a comparative approach, it analyses the development of property theories and the various constitutionalisation models and practices of private property in representative countries including the United States, Canada, Germany, India and China. It also explores the interwoven social forces that have been driving the evolution of the constitutional protection of private property in China. By comparing China with the United States, Germany and India, the author reveals the unfairness, unjustness and insufficiency in China's application of three constitutional doctrines - public use, just compensation and due process or procedure. The book concludes by predicting future progress and suggests feasible measures for gradual reform that will be compatible with China's existing political system.