This volume presents new research in artificial intelligence (AI) and Law with special reference to criminal justice. It brings together leading international experts including computer scientists, lawyers, judges and cyber-psychologists. The book examines some of the core problems that technology raises for criminal law ranging from privacy and data protection, to cyber-warfare, through to the theft of virtual property. Focusing on the West and China, the work considers the issue of AI and the Law in a comparative context presenting the research from a cross-jurisdictional and cross-disciplinary approach. As China becomes a global leader in AI and technology, the book provides an essential in-depth understanding of domestic laws in both Western jurisdictions and China on criminal liability for cybercrime. As such, it will be a valuable resource for academics and researchers working in the areas of AI, technology and criminal justice.

In a path-breaking work, Tanya Aplin and Lionel Bently make the case that the quotation exception in Article 10 of the Berne Convention constitutes a global, mandatory, fair use provision. It is global, they argue, because of the reach of Berne qua Berne and qua TRIPS, and its mandatory nature is apparent from the clear language of Article 10 and its travaux. It relates to 'use' that is not limited by type of work, type of act, or purpose and it is 'fair' use because the work must be made available to the public, with attribution, and the use must be proportionate and consistent with fair practice. By explaining the contours of global, mandatory fair use - and thus displacing the 'three-step test' as the dominant, international copyright norm governing copyright exceptions - this book creates new insights into how national exceptions should be framed and interpreted.

Avizandum Statutes are designed specifically to provide undergraduates at Scottish universities with legislation and, where appropriate, other core materials in a readily accessible format. All materials have been selected on the basis of their relevance to university courses and appear in updated form. The lack of annotation and commentary means that the volumes are ideal for use in examinations.Avizandum Statutes on Scots Property, Trusts and Succession Law contain the main statutory provisions relating to both heritable and moveable property, as well as to trusts and succession law, in Scotland. All important provisions regulating post-feudal land law in Scotland are present.

For women and other marginalized groups, the reality is that the laws regulating estates and trusts may not be treating them fairly. By using popular feminist legal theories as well as their own definitions of feminism, the authors of this volume present rewritten opinions from well-known estates and trust cases. Covering eleven important cases, this collection reflects the diversity in society and explores the need for greater diversity in the law. By re-examining these cases, the contributors are able to demonstrate how women's property rights, as well as the rights of other marginalized groups, have been limited by the law.

For women and other marginalized groups, the reality is that the laws regulating estates and trusts may not be treating them fairly. By using popular feminist legal theories as well as their own definitions of feminism, the authors of this volume present rewritten opinions from well-known estates and trust cases. Covering eleven important cases, this collection reflects the diversity in society and explores the need for greater diversity in the law. By re-examining these cases, the contributors are able to demonstrate how women's property rights, as well as the rights of other marginalized groups, have been limited by the law.

In Copyright's Arc, Martin Skladany rejects a one-size-fits-all copyright regime. Within developed countries, copyright's incentives have spawned multinational corporations that create a plethora of slick, hyped entertainment options that encourage Americans to overconsume, whereas in developing countries, extreme copyright blocks the widespread distribution of entertainment, which impedes women's equality and human rights movements. Meanwhile, moderate copyright in middle-income countries helps foster artistic movements that forge inclusive national identities. Given these conditions, Skladany argues that copyright should vary between countries, following an arc across the development spectrum.

In the nineteenth century, copyright law expanded to include performances of theatrical and musical works. These laws transformed how people made and consumed performances. Exploring precedent-setting litigation on both sides of the Atlantic, this book traces how courts developed definitions of theater and music to suit new performance rights laws. From Gilbert and Sullivan battling to protect The Mikado to Augustin Daly petitioning to control his spectacular 'railroad scene', artists worked with courts to refine vague legal language into clear, functional theories of drama, music, and performance. Through cases that ensnared figures including Lord Byron, Laura Keene, and Dion Boucicault, this book discovers how the law theorized central aspects of performance including embodiment, affect, audience response, and the relationship between scripts and performances. This history reveals how the advent of performance rights reshaped how we value performance both as an artistic medium and as property.

After colonization, indigenous people faced an extractive property rights regime for both their land and knowledge. This book outlines that regime, and how the symbolic function of international intellectual property continues today to assist states to enclose indigenous peoples' knowledge. Drawing on more than 200 interviews, Peter Drahos examines the response of indigenous people to the colonizer's non-developmental property rights. The case studies reveal how they have adapted to the state's extractive order through a process of regulatory bricolage. In order to create a new developmental future for themselves, indigenous developmental networks have been forged - high trust networks that include partnerships with science. Intellectual Property, Indigenous People and their Knowledge argues for a developmental intellectual property order for indigenous people based on a combination of simple rules, principles and a process of regulatory convening.

This book explores how dissimilar patent systems remain distinctive despite international efforts towards harmonization. The dominant historical account describes harmonization as ever-growing, with familiar milestones such as the Paris Convention (1883), the World Intellectual Property Organization's founding (1967), and the formation of current global institutions of patent governance. Yet throughout the modern period, countries fashioned their own mechanisms for fostering technological invention. Notwithstanding the harmonization project, diversity in patent cultures remains stubbornly persistent. No single comprehensive volume describes the comparative historical development of patent practices. Patent Cultures: Diversity and Harmonization in Historical Perspective seeks to fill this gap. Tracing national patenting from imperial expansion in the early nineteenth century to our time, this work asks fundamental questions about the limits of globalization, innovation's cultural dimension, and how historical context shapes patent policy. It is essential reading for anyone seeking to understand the contested role of patents in the modern world.

The Conflict of Laws in Intellectual Property (CLIP) Principles address issues of private law for disputes involving intellectual property rights. They were produced by a Max Planck Institute research project, in which the authors of this work were heavily involved. The Principles are intended to provide a model European framework to respond to the increasing need for guidance on the applicable law. They represent a significant body of work which will help to inform developing practice on applicable law and conflict throughout the field. This new work presents the Principles, alongside article-by-article commentary and notes, which analyse thoroughly the context of the rule within the Principles, as well as within the existing legal solutions at the national, European and international level. It also explores the policy considerations underlying the rule, enabling a better understanding of why the Principles adopt the solutions laid out in the rules. Useful references are provided to the relevant legal provisions and cases dealing with the respective issues of intellectual property and private international law.

Using original and archival material, The Right to Privacy traces the origins and influence of the right to privacy as a social, cultural and legal idea. Richardson argues that this right had emerged as an important legal concept across a number of jurisdictions by the end of the nineteenth century, providing a basis for its recognition as a universal human right in later centuries. This book is a unique contribution to the history of the modern right to privacy. It covers the transition from Georgian to Victorian England, developments in Second Empire France, insights in the lead up to the Burgerliches Gesetzbuch (BGB) of 1896, and the experience of a rapidly modernising America around the turn of the twentieth century. It will appeal to an audience of academic and postgraduate researchers, as well as to the judiciary and legal practice.

How do firms like Hewlett-Packard, DuPont, Dow Chemical, IBM, and Texas Instruments routinely convert the ideas of their employees into profits that sustain the corporation?

How can buyers and sellers calculate the assets of the acquired firm in a merger or acquisition?

How can an organization affect the firm's stock price using the leverage of intellectual assets?

Identifying a firm's assets, especially its intellectual assets-the proprietary knowledge expressed as a recipe, formula, trade secret, invention, program, or process-has become critical to a company's overall vision and strategic plan and essential in such transactions as stock offerings or mergers. In the era of the knowledge-based company, where the firm's genius and future lies in its ideas, a firm's collective know-how has become a measurable commodity-and as much a part of its bottom line as the condition of its cash investments, plant, and equipment. Extracting and measuring the real value of knowledge is essential for any corporate head who knows how high the stakes have become for corporate survival in the information age-where the innovative idea is as good as, if not better than, gold! Value-Driven Intellectual Capital is a corporate and financial executives' handbook to the new world of intangible assets-what they are and how to convert them into cash or strategic position. Written by one of the seminal thinkers in the field, and the key organizer of the ICM Gathering, a group of leading-edge knowledge-based companies, Value-Driven Intellectual Capital explains the new, boundary-expanding world of intellectual assets-where translating an innovative idea into bottom-line profits involves a tightly focused strategy with clear directives for making it happen. A blueprint for turning corporate knowledge, know-how, and intellectual property into a sustainable competitive weapon that will build a firm's reputation and market share, this practical, insightful book outlines:
* Basic concepts underlying IC (intellectual capital) and corporate value creation
* The linkage between IC, business strategy, and profits
* The different kinds of value-including qualitative and quantitative -firms realize from their IC
* Activities required to produce the value firms desire from their IC
* Methods for calculating the dollar value of companies-for market capitalization and mergers or acquisitions
* An economic model of an IC company

The book's appendix is a valuable distillation for corporate and financial executives, managers, researchers, and analysts of IC's basic working concepts and definitions, including the principles underlying value creation and value extraction, the concepts and strategies used by successful companies, the sources of value for knowledge companies, and the mechanisms used to convert that value into real profits. And since it is managerial talent that turns intellectual property into business assets, the book provides an arsenal of key concepts, methods, and processes for aligning with and using intellectual property as an active element of a firm's business strategies. It concludes with a discussion of how value is extracted from human capital, focusing on its elusive magnetic core: creativity and productivity. In an era in which firms are increasingly accountable to shareholders and success is judged solely by stock price, knowing how to measure and extract the value of a firm's intellectual assets has become one of the most critical and essential skills needed by CEOs today. Reflecting the most innovative thinking from some of the most sophisticated firms in the world, Sullivan's Value-Driven Intellectual Capital is a manifesto, a clarion call to excellence for any corporate or financial executive, merger and acquisition partner or investor who understands how much future corporate survival and success depends on the simple enduring genius of a good idea and the need to convert those ideas into corporate value.

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An up-to-date and in-depth examination of intellectual property issues in mergers and acquisitions

In mergers and acquisitions, intellectual property assets can be especially difficult to accurately value, most notably in rapidly evolving high-tech industries. Understanding the factors that create value in intellectual property assets, and the part such assets play in both domestic and international mergers, is vitally important to anyone involved in the merger and acquisition process. This book provides an overview of the intellectual property landscape in mergers and acquisitions and thoroughly covers important topics from financial and accounting concerns to due diligence and transfer issues.

Bringing together some of the leading economists, valuation experts, lawyers, and accountants in the area of intellectual property, this helpful guide acts as an advisor to business professionals and their counsel who need answers for intellectual property questions. The valuation methods presented here are simple and don’t require a background in finance. Whether you’re a manager or executive, an accountant or an appraiser, Intellectual Property Assets in Mergers and Acquisitions offers all the expert help you need to better understand the issues and the risks in intellectual property assets in mergers and acquisitions.

In pharmaceutical patent law, the problem of lack of policy direction and inappropriate legal framework is widespread - particularly among jurisdictions with little to no pharmaceutical research or manufacturing. This book aims to inform public policy and influence debate through a comprehensive review of Hong Kong's pharmaceutical patent law. By demonstrating the need for a holistic review of pharmaceutical patent laws and evaluating Hong Kong's system in light of health policy, economic and social factors, Bryan Mercurio recommends changes to the legal framework and constructs a more efficient and effective system for Hong Kong. He thoroughly evaluates the international framework and best practice models to offer a global perspective to each issue before providing local context in the analysis. While the focus of the book is Hong Kong, the analysis on pharmaceutical patent law and policy extends to other jurisdictions facing issues on reforming their national system.

Few legal institutions developed solely under the Roman Empire, but there is one which can provide a rare illustration of the emperors' involvement in building private law: although Roman law did not recognize a `trust' in the same sense as it is used in common law today, it did develop a device - the fideicommissum - which achieved very similar ends. It has remained largely ignored, and yet it is an ideal case study in the evolution of law. As the most versatile institution of Roman inheritance law, it crucially affected the strategies of succession open to testators, and gives insights into a social history of testators' ambitions and legislative concerns. Over six centuries the trust expanded at the expense of established legal institutions, and with Justinian's reforms it finally became dominant. This book studies the history of the trust and its rise to prominence, with reference to the possible influence of the Roman `fideicommissum'.

Owning Ideas is a comprehensive account of the emergence of the concept of intellectual property in the United States during the long nineteenth century. In the modern information era, intellectual property has become a central economic and cultural phenomenon, and an important lever for allocating wealth and power. This book uncovers the intellectual origins of this modern concept of private property in ideas through a close study of its emergence within the two most important areas of this field: patent and copyright. By placing the development of legal concepts within their social context, this study reconstructs the radical transformation of the idea. Our modern notion of owning ideas, it argues, came into being when the ideals of eighteenth-century possessive individualism at the heart of early patent and copyright were subjected to the forces and ideology of late-nineteenth-century corporate liberalism.

As knowledge production has become a more salient part of the economy, intellectual property laws have expanded. From a backwater of specialists in patent, copyright, and trademark law, intellectual property has become linked to trade through successive international agreements, and appreciated as key to both economic and cultural development. Furthermore, law has begun to engage the interest of economists, political theorists, and human rights advocates. However, because each discipline sees intellectual property in its own way, legal scholarship and practice have diverged, and the debate over intellectual property law has become fragmented. This book is aimed at bringing this diverse scholarship and practice together. It examines intellectual property through successive lenses (incentive theory, trade, development, culture, and human rights) and ends with a discussion of whether and how these fragmented views can be reconciled and integrated.

The survey and the transference are the distinctive and operative acts in the transmission of real property and, where they differ from each other, one must of necessity control the other. This book addresses the aforementioned concepts by external explanations in order to understand the discrepancies between them. It also helps to avoid expensive and wasteful litigation over boundaries that were previously not in conflict. The text offers an extensive review of the law for boundary retracement and cites numerous case examples.

Intellectual property (IP) laws were drafted for tangible objects, but 3D printing technology, which digitizes objects and offers manufacturing capacity to anyone, is disrupting these laws and their underlying policies. In this timely work, Lucas S. Osborn focuses on the novel issues raised for IP law by 3D printing for the major IP systems around the world. He specifically addresses how patent and design law must wrestle with protecting digital versions of inventions and policing individualized manufacturing, how trademark law must confront the dissociation of design from manufacturing, and how patent and copyright law must be reconciled when digital versions of primarily utilitarian objects are concerned. With an even hand and keen insight, Osborn offers an innovation-centered analysis of and balanced response to the disruption caused by 3D printing that should be read by nonexperts and experts alike.

Designing Disability traces the emergence of an idea and an ideal - physical access for the disabled - through the evolution of the iconic International Symbol of Access (ISA). The book draws on design history, material culture and recent critical disability studies to examine not only the development of a design icon, but also the cultural history surrounding it. Infirmity and illness may be seen as part of human experience, but 'disability' is a social construct, a way of thinking about and responding to a natural human condition. Elizabeth Guffey's highly original and wide-ranging study considers the period both before and after the introduction of the ISA, tracing the design history of the wheelchair, a product which revolutionised the mobility needs of many disabled people from the 1930s onwards. She also examines the rise of 'barrier-free architecture' in the reception of the ISA, and explores how the symbol became widely adopted and even a mark of identity for some, especially within the Disability Rights Movement. Yet despite the social progress which is inextricably linked to the ISA, a growing debate has unfurled around the symbol and its meanings. The most vigorous critiques today have involved guerrilla art, graffiti and studio practice, reflecting new challenges to the relationship between design and disability in the twenty-first century.

As the world confronts global warming, there is a growing consensus that the TRIPS Agreement could be a more effective instrument for mitigating climate change. In this innovative work, Wei Zhuang systematically examines the contextual elements that can be used in the interpretation of the TRIPS Agreement with a view to enhancing innovation and transfer of environmentally sound technologies. Zhuang proposes a balanced and pro-competitive interpretation that could be pursued by policymakers and negotiators. This comprehensive, multidisciplinary study will help academics and policymakers improve their understanding of the contemporary international legal regimes governing intellectual property rights, as well as innovation and transfer of environmentally sound technologies. It also offers practical guidance for further developing a legal system capable of responding to the challenges posed by climate change.

Rampant abuse, hate speech, censorship, bias, and disinformation - our Internet has problems. It is governed by technology companies - search engines, social media platforms, and infrastructure providers - whose hidden rules influence what we are allowed to see and say. In Lawless, Nicolas P. Suzor presents gripping examples of exactly how tech companies govern our digital environment and how they bend to pressure from governments and other powerful actors to censor and control the flow of information online. We are at a constitutional moment - an opportunity to rethink the basic rules of how the Internet is governed. Suzor offers a vision of a vibrant, diverse, and flourishing internet that can protect our fundamental rights from the lawless rule of tech. The culmination of more than ten years of original research, this groundbreaking work should be read by anyone who cares about the internet and the future of our shared social spaces.

Rampant abuse, hate speech, censorship, bias, and disinformation - our Internet has problems. It is governed by technology companies - search engines, social media platforms, and infrastructure providers - whose hidden rules influence what we are allowed to see and say. In Lawless, Nicolas P. Suzor presents gripping examples of exactly how tech companies govern our digital environment and how they bend to pressure from governments and other powerful actors to censor and control the flow of information online. We are at a constitutional moment - an opportunity to rethink the basic rules of how the Internet is governed. Suzor offers a vision of a vibrant, diverse, and flourishing internet that can protect our fundamental rights from the lawless rule of tech. The culmination of more than ten years of original research, this groundbreaking work should be read by anyone who cares about the internet and the future of our shared social spaces.

Many companies that have become household names have avoided billions in taxes by 'parking' their valuable intellectual property (IP) assets in holding companies located in tax-favored jurisdictions. In the United States, for example, many domestic companies have moved their IP to tax-favored states such as Delaware or Nevada, while multinational companies have done the same by setting up foreign subsidiaries in Ireland, Singapore, Switzerland, and the Netherlands. In this illuminating work, tax scholar Jeffrey A. Maine teams up with IP expert Xuan-Thao Nguyen to explain how the use of these IP holding companies has become economically unjustified and socially unacceptable, and how numerous calls for change have been made. This book should be read by anyone interested in how corporations - including Gore-Tex, Victoria's Secret, Sherwin-Williams, Toys-R-Us, Apple, Microsoft, and Uber - have avoided tax liability with IP holding companies and how different constituencies are working to stop them.

This volume features four chapters addressing the current issues facing intellectual property, innovation and development policy in Brazil. Each chapter is authored by legal scholars affiliated to the Fundacao Getulio Vargas law schools in Sao Paolo and Rio de Janeiro. Each chapter examines a policy area that significantly impacts access to knowledge in Brazil. These include: exceptions and limitations to copyright, free software and open business models, patent reform and access to medicines, and open innovation in the biotechnology sector. Lea Shaver is an Associate Research Scholar and Lecturer in Law at Yale Law School. This volume features four chapters addressing the current issues facing intellectual property, innovation and development policy in Brazil. Each chapter is authored by legal scholars affiliated to the Fundacao Getulio Vargas law schools in Sao Paolo and Rio de Janeiro. Each chapter examines a policy area that significantly impacts access to knowledge in Brazil. These include: exceptions and limitations to copyright, free software and open business models, patent reform and access to medicines, and open innovation in the biotechnology sector. "Brazil is one of the world's most productive crucibles for new ideas and practices in innovation and collaboration. This meticulously researched book provides a sweeping tour of the issues arising form that leadership."--Jonathan Zittrain, Harvard Law School

"Brazil is one of the world's most productive crucibles for new ideas and practices in innovation and collaboration. This meticulously researched book provides a sweeping tour of the issues arising form that leadership."--Jonathan Zittrain, Harvard Law School
"As policy makers around the world grapple with how to configure their intellectual property policies to promote innovation and economic growth, as well as public access to the fruits of intellectual labor, they would do themselves a huge favor by reading Lea Shaver's excellent book."--Pam Samuelson, University of California, Berkeley
"This is essential reading for anyone who cares about one of the most important human rights issues of the century: access to knowledge."--Madhavi Sunder, Professor of Law, University of California, Davis