In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider's review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a 'warts and all' analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.

"International Litigation in Intellectual Property and Information Technology" - Editor: Arnaud Nuyts, Co-Editors: Nikitas Hatzimihail, Katarzyna Szychowska. The pressure to develop an intellectual property litigation framework at a supranational level is enormous. The tensions among technological change, the forces of an ever-more global market, the quest of market actors for tactical advantage and of legal actors for equitable solutions, and the ever-present imperative of the principle of economy in judicial proceedings all cry out for resolution. In the progress toward this framework, the fourteen leading authorities who have put this remarkable symposium together show that European Community law, and particularly its effect on judicial cooperation among Member States in civil and commercial matters, has led and continues to lead the way.This is the first book to emphasize the role of the judicial cooperation aspect of cross-border intellectual property litigation. Starting from European private law as it is currently evolving, the authors focus intensively on the issues surrounding such central questions as the following: how different should the treatment of IP litigation be from other transnational private activity? How different should the treatment of different IP forms be, at least from a private international law perspective? How do the answers to these questions relate to methodological shifts within the discipline of private international law itself?How should the doctrinal solutions we give integrate substantive values such as the EC basic freedoms or new ideas about the meaning of property in the context of intellectual works? What should the relationship be between the rules on jurisdiction and the rules on applicable law? How global or how distinct do we want the European legal regime in this area to be? What should be the coordination and/or allocation of competences between the various international institutions and instruments?The wide-ranging analyzes presented here will contribute substantially to the establishment of a common frame of reference among intellectual property lawyers and private international lawyers, across the EU and on a global scale. For policymakers, practitioners, and academics in international IP law, this book offers food for thought for legislative projects, reviews and renews doctrines in private international law and the transnational legal treatment of intellectual property, and affirms a forward-looking dialogue on these crucial matters.

Exploring the potential for alignment as well as conflicts between IP and climate change, Intellectual Property, Climate Change and Technology encourages a coherent and integrated approach to decision making. This groundbreaking book identifies and challenges the lack of intersection between intellectual property law and climate change law at national level. It argues that intellectual property confers private rights on the results of innovation and creativity, while climate change law and policy exists more in the public sphere without engagement with intellectual property, with no space for the conflict between this private power and public goal to be investigated in litigation. This thought-provoking book will be of great interest to scholars working in the fields of IP, climate change law, human rights, and planning and sustainable development, challenging the assumption that some problems are dealt with only through consideration of certain areas of the law. Proposing new processes for policy and law making in order to remove barriers between these fields, Intellectual Property, Climate Change and Technology will also be a valuable resource for members of parliament and policy makers.

'This book brings to bear Professor Maggiolino's considerable skills as a comparative competition law scholar on what is perhaps the single most important competition policy issue facing us today - namely, how to use IP policy and competition policy in tandem to further both economic competition and competition in innovation. Professor Maggiolino's book covers a large range of IP practices by dominant firms where competition law can be invoked, including 'sham' litigation and product design, improper infringement actions, predation, and refusals to license. This book is well researched, well written, and completely up to date. Every serious competition law/antitrust and intellectual property scholar and practitioner should regard it as 'must' reading.' - From the foreword by Herbert Hovenkamp, University of IowaThis insightful book compares how the US and EU antitrust authorities have enforced Section 2 of the Sherman Act, and Article 102 of the TFEU against monopolists' practices involving intellectual property rights. The discussion comes in the wake of the great interest engendered by the interface between antitrust law and intellectual property rights, considering that the ongoing integration of markets pushes countries towards a harmonization of their legal systems. Mariateresa Maggiolino takes this inquiry forward by confronting the two jurisdictions' legal standards with current economic thinking, and discusses the policy suggestions that result. In addition, topics that are usually treated separately are effectively combined. The legal analysis is frequently connected and compared to the past and present economic thinking and Mariateresa Maggiolino expertly embraces the historical, cultural and policy perspectives. This unique book will therefore prove enriching for academics and postgraduate students of law and industrial organization. Contents: Preface by Herbert Hovenkamp; Introduction; 1. Antitrust Law, IPRs and Economics: the Leeway for Policy Choices; 2. Section 2 and Article 102(b): The Antitrust Roots of the Antitrust-IP Interface; 3. Ownership of IPRs; 4. Predatory System Innovations; 5. Refusals to license IPRs; 6. IP Judicial and Administrative Processes; 7. Conclusion; Bibliography

There are two traditional views of the role of intellectual property (IP) within the field of innovation management: in innovation management research, as an indicator or proxy for innovation inputs or outputs, e.g. patents or licensing income; or in innovation management practice, as a means of protecting knowledge. Exploiting Intellectual Property to Promote Innovation and Create Value argues that whilst both of these perspectives are useful, neither capture the full potential contribution of intellectual property in innovation management research and practice.The management of IP has become a central challenge in current strategies of Open Innovation and Business Model Innovation, but there is relatively little empirical work available. Theoretical arguments and empirical research suggest that from both an innovation policy and management perspective, the challenge is to use IP to encourage risk-taking and innovation, and that a broader repertoire of strategies is necessary to create and capture the economic and social benefits of innovation. This book identifies how intellectual property can be harnessed to create and capture value through exploiting new opportunities for innovation. It is organized around three related themes: public policies for IP; firm strategies for IP; and creating value from IP, and offers insights from the latest research on IP strategies and practices to create and capture the economic and social benefits of innovation.

This three-volume collection comprises a selection of research articles and papers on geographical indications by the leading academics in this field. The collection examines the functions and economic underpinnings of this form of product designation, together with the various forms of legal protection of geographical indications, both national and international. It contains a number of contributions that examine the potential impacts of geographical indications in developing countries, which explore this form of marketing through case studies. With an original introduction by the editor Michael Blakeney, these volumes are an excellent reference for scholars and researchers in this field.

The concept of the cultural commons has become increasingly important for legal studies. Within this field, however, it is a contested concept: at once presented as a sphere for creativity, democratic access and freedom of speech, but one that denies property rights and misappropriates the public domain. In this book, Merima Bruncevic takes up the cultural commons not merely as an abstract notion, but in its connection to physical spaces such as museums and libraries. A legal cultural commons can, she argues, be envisioned as a lawscape that can quite literally be entered and engaged with. Focusing largely on art in the context of the copyright regime, but also addressing a number of cultural heritage issues, the book draws on the work of Deleuze and Guattari in order to examine the realm of the commons as a potential space for overcoming the dichotomy between the owner and the consumer of culture. Challenging this dichotomy, it is the productive and creative potential of law itself that is elicited through the book's approach to the commons as the empirical basis for a new legal framework, which is able to accommodate a multitude of interests and values.

This monograph aims to provide an in-depth analysis of the legal protection of the private equity (PE) investors in China. In an academic sense, this research mainly focuses on the agency problems in the life cycle of PE investment under the business organization law system in China. Briefly speaking, the agency problems of PE investment derive from the two-level separation of ownership and control, one of which is the principal-agent relationship between the PE investors and the fund manager, and the other is the principal-agent relationship between the PE shareholders and the management of investee companies. It is the first research to provide an in-depth examination on the investor protection in the PE investment under the business organization law system in China.

This book is the first of its kind to chart the terrain of contemporary India's many place names. It explores different 'place connections', investigates how places are named and renamed, and looks at the forces that are remaking the future place name map of India. Lucid and accessible, this book explores the bonds between names, places and people through a unique amalgamation of toponomy, history, mythology and political studies within a geographical expression. This volume addresses questions on the status and value of place names, their interpretation and classification. It brings to the fore the connections between place names and the cultural, geographical and historical significations they are associated with. This will be an essential read for scholars and researchers of geography, law, politics, history and sociology, and will also be of interest to policy-makers, administrators and the common reader interested in India.

A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law. Aimed at readers studying trusts at an undergraduate level, it provides a succinct and enlightening account of this area of the law.
Concise and clear, this book also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers an outstanding treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Ideal for providing a broad background to the issues before embarking on an in-depth study of trusts, it can also be used to help the reader to develop their understanding. For those looking to challenge themselves, detailed footnotes highlight further issues and point the direction for future reading.
Fully revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this new edition in the renowned Clarendon Law Series offers a well-written, careful, and insightful introduction to the law of trusts.

'A valuable and distinctive contribution to the penumbra debate, refreshingly shedding light on some of the cliches of copyright, and alerting readers to the extra-legal factors that cannot be ignored in any socially-embedded study of copyright' - Stuart Hannabuss, Aberdeen Business School 'Bootlegging is a smart, provocative and highly readable analysis of the high theory and low practices of music copyright and its transgressors. It is most refreshing to read a sociological analysis of a topic usually left to lawyers and industry apologists. An essential book for anyone who wants to understand the contemporary music industry' Simon Frith - Professor of Film and Media Studies, University of Stirling. Bootlegs - live concert recordings or studio outtakes reproduced without the permission of the rights holder - hold a prominent position in the pantheon of popular music. They are also much misrepresented and this fascinating book constitutes the first full length academic treatment of the subject. By examining the centrality of Romantic authorship to both copyright and the music industry, the author highlights the mutual dependence of capitalism and Romanticism, which situates the individual as the key creative force while challenging the commodification of art and self. Marshall reveals how the desire for bootlegs is driven by the same ideals of authenticity employed by the legitimate industry in its copyright rhetoric and practice and demonstrates how bootlegs exist as an antagonistic but necessary component of an industry that does much to prevent them. This book will be of great interest to researchers and students in the sociology of culture, social theory, cultural studies and law.

Despite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems. Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization. Containing the most current and up-to-date IP issues from a global perspective, this book will be a valuable resource for IP and comparative law academics, law students, policy makers, as well as lawyers and in-house counsels. Contributors include: M. Adelman, T. Bodewig, G.E. Evans, M. Franzosi, S. Ghosh, S.J Jong, J. Krauss, M. LaFrance, A.L. Landers, S. Mehra, S.H. Naeve, F. Pollaud-Dulian, C. Rademacher, Y. Reboul, B. Sherman, J. Straus, M.T. Sundara Rajan, T. Takenaka, M. Trimble

Three major contributions [of Patents Misuse and Antitrust Law] stand out. First, it illustrates as well as any other work how to bridge the study of antitrust law and patent law... A second and related feature is Professor Lim's excellent use of historical narratives to show how patent misuse concepts have developed over time... A third impressive dimension is its powerful empirical orientation. Professor Lim combines a comprehensive examination of misuse cases with extensive interviews to demonstrate how theory meets practice. In these respects and others, Patent Misuse and Antitrust Law broadens and extends the emerging path of a refreshing new scholarship that links antitrust and patent law. --From the foreword by Prof. William E. Kovacic, former Chairman of the Federal Trade Commission, Global Competition Professor of Law and Policy, George Washington University Law School 'The age old debate as to whether patents are simply a property right in that any trespassing on the property should be punishable, or whether they are tools of economic policy so that questions of misuse can arise when they are not used to encourage commercial developments of new products, has become heated with the advent of patent assertion entities and the problems that arise when use of a patented invention is necessary to comply with an industry standard. Daryl Lim's timely book provides a sober background against which to consider such ideas and possible expansion of types of action that may give rise to claims of patent misuse in the future.' - John Richards, Partner, Ladas & Parry, LLP This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before. Innovation and competition take place in increasingly complex environments that demand a clear understanding of where illegality ends and legitimate corporate strategy begins. The book is an essential resource for the curious, the expert and all those engaged in deciding what patent misuse means and should mean today. In addition to in-depth doctrinal and policy perspectives, it looks at patent misuse through the eyes of today's leading practitioners, judges, government officials and academics. It also presents a qualitative analysis of modern misuse case law spanning 1953 to 2012. The result is a compelling account that lays out an important doctrinal, policy and empirical framework for future cases and scholarship. Patent law students and scholars will find the author's comprehensive study of popular and actual perceptions of the misuse doctrine a valuable resource, while practitioners, government officials and judges will appreciate the predictive value of the author's findings. Contents: Foreword by William E. Kovacic Preface Prologue Introduction 1. Misuse and Antitrust 2. A Brief History of Patent Misuse 3. The Anatomy of a Defense 4. Key Objections 5. Rethinking the Future of Patent Misuse 6. The Empirical Landscape of Misuse 7. Charting the Scope of Patent Misuse 8. Conclusion Index

The new edition of this acclaimed book gives a fully updated overview of European data protection law affecting companies, incorporating the important legal developments which have taken place since the last edition was published. These include the first three cases of the European Court of Justice interpreting the EU Data Protection Directive (95/46), the Commission's first report on the implementation of the Directive, the Data Retention Directive, new developments in international data transfers, conflicts between security requirements and data protection, and the implementation of the Electronic Communications and Privacy Directive 2002/58 in the Member States. It also covers the recent European Court of Justice decision on the controversial export of airline passenger data to the US, and expands its European overview to include the new and acceding Member States. The book contains comprehensive coverage of data protection law, while at the same time providing pragmatic guidance on the typical compliance issues that companies face. As globalization of the world economy continues, an increasing number of business issues with data protection implications have come to the foreground, for example, outsourcing, whistleblower hotlines and records management, all of which are covered in the book. The appendices have been expanded to include most sources which a company will need, such as the texts of relevant directives, the safe harbor principles and FAQs, and charts of implementation in the Member States of specific provisions of interest to business. Thus, the book is a single reference source for companies faced with data protection issues. A Chinese edition of the book was published in 2008, making it the first in-depth treatise on European data protection law published in Chinese.

This important research Handbook brings together a set of illuminating works by the field's leading scholars to comprise one of the broadest and most far-reaching overviews of trademark law issues. Organized around three areas of inquiry, the book starts by offering a rich variety of methodological perspectives on trademark law. Reflecting the multifaceted nature of contemporary trademarks, contributors have drawn from law and economics, political science, semiotic theory, and history. The Handbook goes on to survey trademark law's international landscape, addressing indigenous cultural property, human rights issues, the free movement of goods, and the role of substantive harmonization. It concludes with a series of forward-looking perspectives, which focus on trademark law's intersection with the laws of advertising and free speech, copyright law, cyberspace regulation, and design protection. Discussing critical future issues regarding trademark protection and its relationship with other social policies, this Handbook will be of great interest to legal scholars, trademark lawyers and law students. It will also be of interest to academics in marketing, business, consumer psychology, and economics

This book examines some of the intriguing notions of the complex antitrust-intellectual property interface, focusing primarily on property and dynamic economic doctrines. The extensive discussion addresses antitrust patterns of unilateral behaviour and the intellectual property (IP) institutions of patents and copyright. The author provides a comprehensive evaluation of the intricacies of antitrust and IP from a broad legal, philosophical and economic perspective. In the economic context she considers the Chicago and Austrian schools of market theory, whilst on the legal and philosophical level she explores antitrust and IP doctrines through the lenses of property, philosophy of rights and history. In this way the reader gains a deeper understanding of the antitrust and IP crossroads, an area that is growing in importance as information plays an ever-increasing role in today's markets. This book provides an original theoretical appraisal of the complex issues that arise when antitrust and IP considerations seem to be at odds with one another. It offers an interesting and viable alternative to the Chicago school of antitrust, and makes a significant practical contribution to the Austrian school of economics. Lawyers, industrial economists and academics working on IP, antitrust and competition will all find this to be an informative and highly rewarding volume. It will also be a good source of reference for anyone interested in the philosophy of property rights.

Exploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.

Technology has affected a wide range of issues in our personal and professional lives. And in doing so it has opened the door for new legal questions, especially with regards to intellectual property, and more specifically, copyright. New legal questions have risen with respect to the authorship of web pages, databases, computer programs and, in general, multimedia work. Is this techology internationally protected? Can Internet piracy be considered piracy? To whom does the copyright belong when more than one author exists? When is it necessary to resort to technical protection devices? By examining international laws, such as the WIPO treaties and EU law, this book offers a clear answer to these questions while focusing on how copyright does or does not protect new technology. It also examines alternative ways of protecting technologies that present the real possibility of appealing to patent and trademark law as well as an overview of the multimedia concept and the origins of copyright. This book's simple structure should help the reader to understand how to utilize current laws to protect one's work and offers an interesting and informative analysis of the subject.

Photographers and publishers of photographs enjoy a wide range of legal rights including freedom of expression and of publication. They have a right to create and publish photographs. They may invoke their intellectual, moral and property rights to protect and enforce their rights in their created and/or published works. These rights are not absolute. This book analyses the various legal restrictions and prohibitions, which may affect these rights. Photography and the Law investigates the legal limitations faced by professional and amateur photographers and photograph publishers under Irish, UK and EU Law. Through an in-depth discussion of the personal rights of the public, including the right not to be harassed, the book gives a clear analysis of the current legal standpoint on the relationship between privacy and freedom of expression. Additionally, the book looks at the reconciliation of photographers' rights with the state's interest in public security and defence, alongside the enforcement of ethical and moral codes. Comparative legal standing in the European Union is used as a springboard to further analyse Irish and UK statutes and case law, including recent reforms and current proposals for future change. The book ends with pertinent suggestions of the necessary reforms and enactments required to rebalance the relationship between the personal rights of individuals, the state's duties and the protection of photographers' and photograph publishers' rights. By clearly explaining the theoretical and conceptual reasoning behind the current law, alongside proposed reforms, the book will be a useful tool for any student or academic interested in photography law, privacy and media law, alongside professional and amateur photographers and photograph publishers.

Mark Abell's book argues that the European franchising market fails to reach its potential as it remains unregulated. He supports this by analysing the historical legal and economic basics and risk/attraction profiles of franchising to franchisors and franchisee, compares the European situation to the highly developed regulatory regimes in the USA and Australia, and moves through to proposing and drafting a new EU directive to bring greater certainty and stability to cross border franchising in the EU. Comprehensively researched and very detailed, this book is a worthy contribution to the literature on the subject.' - Graham Cunningham, Barrister, HardwickeKey features of this detailed and insightful work include: - Practical analysis from a leading authority in the field of franchising. - Examination of the impact of both franchise specific and general commercial law upon use of franchising in the EU. - Comparative legal analysis of the law of England, Germany, France, the US and Australia. - Carefully constructed proposals for a franchise directive in the EU based on the vast experience of the author. - A draft text for the proposed directive. The Law and Regulation of Franchising in the EU provides an in-depth analysis of the regulatory environment for franchising in the EU. Franchising in the EU comprises nearly 10,000 franchised brands and over 215 billion (US$300 billion) turnover per annum. However, compared to its scale in the US and Australia, franchising is not realising its full potential in the EU and the author points to the lack of homogeneity across members states as a large part of the problem. The book concludes by arguing for the adoption of a draft directive, and proposes a draft directive, which promotes market confidence in franchising, provides pre-contractual hygiene and imposes a mandatory taxonomy of rights and obligations. This highly topical and comprehensive work will appeal to franchise lawyers and franchise academics as this is the first book that analyses the impact of EU and member state law upon the use of franchising in the EU. Contents: 1. Introduction 2. Deconstructing the Contextualisation, Architecture, Rationale and Risks of Franchising 3. Does the Contractual and Regulatory Environment Support and Promote Franchising? 4. identifying a Catalyst to Re-engineer the Regulatory Environment 5. Re-engineering the Regulatory Environment for Franchising in the EU 6. Conclusion Appendix 1: Proposed Draft Franchise Directive Appendix 2: Analysis of Franchise Agreements Appendix 3: Statutes of the 21 Countries Outside of the EU that have Franchise Specific Laws Appendix 4: European Franchise Associations and Membership Table of Statutes Table of Cases Bibliography Index

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts.

America loves innovation and the can-do spirit that made this country what it is-a world leader in self-government, industry, technology, and pop culture. Everything about America has been an experiment and a leap of faith. And one such experiment-upon which all others depend for success-is the U.S. Patent System. Why Has America Stopped Inventing? takes a close look at why this experiment appears to be failing, and why America has all but stopped inventing. Our belief that we are the most innovative people on earth is mistaken. Statistics show that today we invent less than half of what our counterparts did a century and a half ago. Look around: Where are the groundbreaking inventions comparable to those from the Industrial Revolution? It's unforgivable that we've been using the same mode of transportation for over a century. Why are we giving trillions of dollars every year to hostile foreign nations for imported oil when we have the inventive talent in America to solve the nation's energy crisis? We don't have these desperately needed technologies because regular Americans have given up on inventing. Why Has America Stopped Inventing? compares some of America's most successful 19th century inventors with those of today, showing Jefferson refusing to waste any more weekends examining patent applications, Whitney being robbed of his fortune while the South's wealth exploded, the patent models that kept British soldiers from burning Washington's last-standing federal building, the formation of Lincoln's cabinet, and Selden crippling the entire U.S. Auto Industry. It also tells the largely unforgotten stories of the Wright brother's airplane monopoly, the Colt revolver's role in the Mexican American War, the Sewing Machine wars, the last six months of Daniel Webster's life, and the controversy surrounding the first telephone patents.