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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law
Thinking about your death isn't easy, but it's even harder to
consider the consequences of not thinking about it. Failing to
execute a will or set up a trust could burden your heirs beyond
just grief at your passing, leaving them to deal with your
incomplete affairs as well.
Stephen L. Smith, a longtime attorney with thirty-five years of
experience in estate planning, seeks to take the mystery out of
what can often be an intimidating process. Using this guide, you
can learn how to understand the differences between wills and
trusts; evaluate attorneys and tax advisers; empower yourself to
direct the planning process; and maximize the money and assets that
get passed to others.
Whether you have a large estate or a modest one, it's important
to engage in estate planning to make your wishes known. Take
control of the process by arming yourself with the knowledge in
"Taking the Mystery out of Estate Planning."
The book deals with the genesis, formation and development of two
fundamental aspects of English Law, common law and equity. The
common law laid down the rules governing cohabitation in
communities and human rights. Equity was the offspring of natural
law designed to prevent and remedy injustice resulting from
unconscionable conduct. English law including both common law and
equity was introduced in former British Colonies and dominions. In
most of them it was retained after independence. This is the
principal legacy of English colonization of countries. The
introduction, application and retention of English law is reflected
in Cyprus, a former British colony.
In recent times, commercial activities of companies exercising
market power through their intellectual property rights have
increasingly come under the scrutiny of the EU competition
authorities. Intellectual Property and Competition Law: New
Frontiers looks at how the leveraging strategies of Microsoft, the
patent enhancement strategies of Astra Zeneca and Rambus, and the
reverse payment settlements in the pharmaceutical sector have all
attracted competition intervention, and how the courts have been
forced to decide whether intellectual property issues are the
primary subject matter of the case, or peripheral to that.
Drawing on these judgments, and others, this timely book brings
together leading figures from practice and from academia who
examine the increasingly complex and often strained relationship
between intellectual property and competition law. Focusing
primarily on EU law, but with valuable insight into US law, they
highlight areas where new frontiers are emerging in the interface
between the two, including; refusal to grant access to trade
secrets; the new product test in consumer welfare; competition law
in the pharmaceutical sector; standard setting; and FRAND (Fair,
Reasonable and Non-Discriminatory terms) commitments. The book also
considers the way in which the Commission's proposed changes to the
application of Article 102 EC may impact on the protection of
intellectual property rights.
In the post-Microsoft litigation era, this timely book captures the
range of current thinking on the subject. The impressive list of
contributors brings together leading figures from academia and
practice, from intellectual property and competition law, and from
law and economics, offering unrivalled expert analysis of this
complex area.
This volume explores the nature of intellectual property law by
looking at particular disputes. All the cases gathered here aim to
show the versatile and unstable character of a discipline still
searching for landmarks. Each contribution offers an opportunity to
raise questions about the narratives that have shaped the
discipline throughout its short but profound history. The volume
begins by revisiting patent litigation to consider the impact of
the Statute of Monopolies (1624). It continues looking at different
controversies to describe how the existence of an author's right in
literary property was a plausible basis for legal argument, even
though no statute expressly mentioned authors' rights before the
Statute of Anne (1710). The collection also explores different
moments of historical significance for intellectual property law:
the first trade mark injunctions; the difficulties the law faced
when protecting maps; and the origins of originality in copyright
law. Similarly, it considers the different ways of interpreting
patent claims in the late nineteenth and twentieth century; the
impact of seminal cases on passing off and the law of
confidentiality; and more generally, the construction of
intellectual property law and its branches in their interaction
with new technologies and marketing developments. It is essential
reading for anyone interested in the development of intellectual
property law.
This book results from a conference held in Singapore in September
2009 that brought together distinguished lawyers and economists to
examine the differences and similarities in the intersection
between intellectual property and competition laws in Asia. The
prime focus was how best to balance these laws to improve economic
welfare. Countries in Asia have different levels of development and
experience with intellectual property and competition laws. Japan
has the longest experience and now vigorously enforces both
competition and intellectual property laws. Most other countries in
Asia have only recently introduced intellectual property laws (due
to the Trade-Related Aspects of Intellectual Property Rights
(TRIPS) Agreement) and competition laws (sometimes due to the World
Bank, International Monetary Fund or free trade agreements). It
would be naive to think that laws, even if similar on the surface,
have the same goals or can be enforced similarly. Countries have
differing degrees of acceptance of these laws, different economic
circumstances and differing legal and political institutions. To
set the scene, Judge Doug Ginsburg, Greg Sidak, David Teece and
Bill Kovacic look at the intersection of intellectual property and
competition laws in the United States. Next are country chapters on
Asia, each jointly authored by a lawyer and an economist. The
country chapters outline the institutional background to the
intersection in each country, discuss the policy underpinnings
(theoretically as well as describing actual policy initiatives),
analyse the case law in the area, and make policy prescriptions.
This book looks at questions and answers pertaining to the
organization, usage, and ownership of information in the Internet
age-and the impact of shifting attitudes towards information
ownership on creative endeavors. In the competing traditions of
Marshall McLuhan and Langdon Winner, authors Aaron Barlow and
Robert Leston take readers on a revealing tour of the Internet
after the explosion of the blogosphere and social media. In the
world Beyond the Blogosphere, information has surpassed its limits,
the distinction between public and private selves has collapsed,
information is more untrustworthy than it ever was before, and
technology has exhibited a growth and a desire that may soon exceed
human control. As Langdon Winner pointed out long ago, "tools have
politics." In an eye-opening journey that navigates the nuances of
the cultural impact the internet is having on daily life, Barlow
and Leston examine the culture of participation in order to urge
others to reconsider the view that the Internet is merely a
platform or a set of tools that humans use to suit their own
desires. Provocative and engaging, Beyond the Blogosphere stands as
a challenge on how to rethink the Internet so that it doesn't
out-think us.
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Cases such as Actavis UK Limited & Ors v Eli Lilly and Co
(2017) are covered in this edition. www.pearsoned.co.uk/lawexpress
In Knowledge, Patents, Power, Marius Buning tells the complex story
of how the emergence of a Dutch patent regime is related to wider
issues concerning governmental control and innovation. Buning
analyses the institutional framework in which "innovative
knowledge" could develop in the Dutch Republic from a variety of
perspectives. This is not only a comprehensive study of patent law
and its administrative and legal framework during the first four
decades of the Dutch republic, it also opens up new perspectives on
a wide range of issues in cultural and political history- from
truth claims in early modern science to issues concerning
mercantilism and Dutch seventeenth-century processes of state
formation.
In recent years, Intellectual Property Rights - both in the form of
patents and copyrights - have expanded in their coverage, the
breadth and depth of protection, and the tightness of their
enforcement. Moreover, for the first time in history, the IPR
regime has become increasingly uniform at international level by
means of the TRIPS agreement, irrespectively of the degrees of
development of the various countries. This volume, first, addresses
from different angles the effects of IPR on the processes of
innovation and innovation diffusion in general, and with respect to
developing countries in particular. Contrary to a widespread view,
there is very little evidence that the rates of innovation increase
with the tightness of IPR even in developed countries. Conversely,
in many circumstances, tight IPR represents an obstacle to
imitation and innovation diffusion in developing countries. What
can policies do then? This is the second major theme of the book
which offers several detailed discussions of possible policy
measures even within the current TRIPS regime - including the
exploitation of the waivers to IPR enforcement that it contains,
various forms of development of 'technological commons', and
non-patent rewards to innovators, such as prizes. Some drawbacks of
the regimes, however, are unavoidable: hence the advocacy in many
contributions to the book of deep reforms of the system in both
developed and developing countries, including the non-patentability
of scientific discoveries, the reduction of the depth and breadth
of IPR patents, and the variability of the degrees of IPR
protection according to the levels of a country's development.
The threats of economic espionage and intellectual property (IP)
theft are global, stealthy, insidious, and increasingly common.
According to the U.S. Commerce Department, IP theft is estimated to
top $250 billion annually and also costs the United States
approximately 750,000 jobs. The International Chamber of Commerce
puts the global fiscal loss at more than $600 billion a year.
Secrets Stolen, Fortunes Lost offers both a fascinating journey
into the underside of the Information Age, geopolitics, and global
economy, shedding new light on corporate hacking, industrial
espionage, counterfeiting and piracy, organized crime and related
problems, and a comprehensive guide to developing a world-class
defense against these threats. You will learn what you need to know
about this dynamic global phenomenon (how it happens, what it
costs, how to build an effective program to mitigate risk and how
corporate culture determines your success), as well as how to
deliver the message to the boardroom and the workforce as a whole.
This book serves as an invaluable reservoir of ideas and energy to
draw on as you develop a winning security strategy to overcome this
formidable challenge.
-It's Not "Someone Else's" Problem: Your Enterprise is at
Risk
Identify the dangers associated with intellectual property theft
and economic espionage
-The Threat Comes from Many Sources
Describes the types of attackers, threat vectors, and modes of
attack
-The Threat is Real
Explore case studies of real-world incidents in stark relief
-How to Defend Your Enterprise
Identify all aspects of a comprehensive program to tackle such
threats and risks
-How to Deliver the Message: Awareness andEducation
Adaptable content (awareness and education materials, policy
language, briefing material, presentations, and assessment tools)
that you can incorporate into your security program now
This book is an essential tool for understanding the range of IP
investment strategies - and how companies unlock value and profit
from it. It provides a valuable tutorial for businesspeople,
entrepreneurs, analysts, and dealmakers seeking better to
understand, with clear examples, the components of different IP
categories and their value-creating applications.
The Study Group on a European Civil Code has taken upon itself the
task of drafting common European principles for the most important
aspects of the law of obligations and for certain parts of the law
of property in movables which are especially relevant for the
functioning of the common market. Like the Commission on European
Contract Law's Principles of European Contract Law, the results of
the research conducted by the Study Group on a European Civil Code
seek to advance the process of Europeanisation of private law.
Among other topics the series tackles sales and service contracts,
distribution contracts and security rights, renting contracts and
loan agreements, negotiorum gestio, delicts and unjustified
enrichment law, transfer of property, and trust law. The principles
furnish each of the national jurisdictions a grid reference. They
can be agreed upon by the parties within the framework of the rules
of private international law. They may provide a stimulus to both
the national and European legislator for moulding private law.
Beyond this, they aim to further discussion about the creation of a
European Civil Code, or a Common Frame of Reference in the area of
patrimonial law, by submitting a concrete model. The Principles of
European Law are published in co-operation with Bruylant (Belgium),
Sellier. European Law Publishers (Germany) and Staempfli Publishers
Ltd. (Switzerland).
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