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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law

Extending the Protection of Geographical Indications - Case Studies of Agricultural Products in Africa (Hardcover): Michael... Extending the Protection of Geographical Indications - Case Studies of Agricultural Products in Africa (Hardcover)
Michael Blakeney, Thierry Coulet, Getachew Mengistie, Marcelin Tonye Mahop
R4,149 Discovery Miles 41 490 Ships in 12 - 17 working days

The TRIPS Agreement (for trade-related intellectual property rights) provides for the general protection of geographical indications (GIs) of product origin, including for example the special protection of wines and spirits and for the creation of a multilateral register for wines. The African Group of countries has been in the forefront of countries agitating in the World Trade Organization TRIPS Council for the extension of this special protection and of the multilateral register to industries which are of interest to developing countries, primarily agriculture. The so-called "extension question" is the central feature of the Doha Development Agenda at both the WTO and World Intellectual Property Organization. This book provides some empirical evidence and applied legal and economic reasoning to this debate. It provides both a general review of the key issues and a series of case studies from six Anglophone and four Francophone countries in Africa. These focus on major agricultural commodities such as coffee, cotton, cocoa and tea, as well as more specific and local products such as Argan oil and Oku white honey.

The Principles of Personal Property Law (Hardcover, 2nd edition): Duncan Sheehan The Principles of Personal Property Law (Hardcover, 2nd edition)
Duncan Sheehan
R3,417 Discovery Miles 34 170 Ships in 12 - 17 working days

The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years. It is a system and can best be understood as a system. Indeed, without understanding it as a system, it becomes much more difficult to comprehend. The second edition of this acclaimed textbook continues to provide a comprehensive yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The new edition also includes a new chapter on secured transactions law reform, and introduces new material on the Cape Town Convention, IP rights and other intangible property. The book will be of primary interest to academics and practitioners in the area. However, it will also be of use to students studying commercial or personal property law.

The Reform of UK Personal Property Security Law - Comparative Perspectives (Paperback): John De Lacy The Reform of UK Personal Property Security Law - Comparative Perspectives (Paperback)
John De Lacy
R1,405 Discovery Miles 14 050 Ships in 12 - 17 working days

There has been much discussion in the last ten years about the need to reform the law governing company charge registration, with many bodies including the Department of Trade and Industry and Law Commissions considering the case for reform of this area in the context of a wider scheme of personal property security reform. This has culminated in the coming into force of Part 25 of the Companies Act 2006, which is concerned with company charge registration. This major book features the work of international experts on personal property security law. It focuses on the reform of UK company charge law and argues that the Companies Act 2006 did not go far enough in reforming the law. It addresses the question as to whether the UK should follow the lead of other jurisdictions that have adopted US Article 9 type personal property security schemes. As well as considering current UK law the book also addresses the changes proposed by the Law Commissions and, despite current government inaction, considers whether these reform proposals should be adopted. The book contains major international comparisons and, in particular, looks at law reform in the USA, Canada, Australia, New Zealand, Singapore and Europe. This comparative treatment gives the reader a full perspective on this difficult and constantly developing area of law.

The Current State of Domain Name Regulation - Domain Names as Second Class Citizens in a Mark-Dominated World (Paperback):... The Current State of Domain Name Regulation - Domain Names as Second Class Citizens in a Mark-Dominated World (Paperback)
Konstantinos Komaitis
R1,194 Discovery Miles 11 940 Ships in 12 - 17 working days

In this book Konstantinos Komaitis identifies a tripartite problem - intellectual, institutional and ethical - inherent in the domain name regulation culture. Using the theory of property, Komaitis discusses domain names as sui generis 'e-property' rights and analyses the experience of the past ten years, through the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA). The institutional deficit he identifies, generates a further discussion on the ethical dimensions in the regulation of domain names and prompts Komaitis to suggest the creation of an environment based on justice. The relationship between trademarks and domain names has always been contentious and the existing institutions of the UDRP and ACPA have not assisted in alleviating the tension between the two identifiers. Over the past ten years, the trademark community has been systematic in encouraging and promoting a culture that indiscriminately considers domain names as secondclass citizens, suggesting that trademark rights should have priority over the registration in the domain name space. Komaitis disputes this assertion and brings to light the injustices and the trademark-oriented nature of the UDRP and ACPA. He queries what the appropriate legal source to protect registrants when not seeking to promote trademark interests is. He also delineates a legal hypothesis on their nature as well as the steps of their institutionalisation process that we need to reverse, seeking to create a just framework for the regulation of domain names. Finally he explores how the current policies contribute to the philosophy of domain names as second-class citizens. With these questions in mind, Komaitis suggests some recommendations concerning the reconfiguration of the regulation of domain names.

The Development of Intellectual Property Regimes in the Arabian Gulf States - Infidels at the Gates (Paperback): David Price,... The Development of Intellectual Property Regimes in the Arabian Gulf States - Infidels at the Gates (Paperback)
David Price, Alhanoof AlDebasi
R1,666 Discovery Miles 16 660 Ships in 12 - 17 working days

This book examines the development of national legislative regimes for the protection of intellectual property rights in the Arabian Gulf states: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, and Yemen. David Price analyses IP rights in these states in the context of WTO membership, and consequent compliance with the requirements of the WTO's TRIPS Agreement. The challenges of domestic enforcement of the states' IP laws receive critical attention. A particular focus of the book is on foreign forces which have shaped or influenced the character of the states' IP protection regimes. It includes commentary on the contribution of foreign states, the WTO and WIPO in the pre-TRIPS and TRIPS compliance stages, and the US bilateral trade strategy for pursuing IP protection standards that exceed those enshrined in TRIPS, and the impact of these forces upon the states' enforcement performance. The role of the Office of the United States Trade Representative (USTR) and the Special 301 provisions as a powerful tool in the US' bilateral strategy receives particular attention. The intellectual property laws of these states have been developed virtually in the span of a single generation, and the process of change is continuing. As such, this book will interest practitioners both in and outside of the region, and those with an interest in intellectual property law, comparative law, Middle East legal systems and affairs, and international trade.

Copyright Law in the Digital Society - The Challenges of Multimedia (Hardcover): Tanya Aplin Copyright Law in the Digital Society - The Challenges of Multimedia (Hardcover)
Tanya Aplin
R5,035 Discovery Miles 50 350 Ships in 12 - 17 working days

Multimedia technology is a key component of the digital society. This book comprehensively examines the extent to which copyright and database right protect multimedia works. It does so from the perspective of UK law, but with due attention being paid to EU law, international treaties and comparative developments in other jurisdictions, such as Australia and the U.S. The central argument of the book is that the copyright and database right regimes are, for the most part, flexible enough to meet the challenges presented by multimedia. As a result, it is neither necessary nor desirable to introduce separate copyright protection or unique protection for multimedia works. This important and original new work will be essential reading for any lawyer engaged in advising on intellectual property matters relating to the new media industries, and scholars and students working in intellectual property and computer law.

Japanese Trademark Jurisprudence (Hardcover): Kenneth L Port Japanese Trademark Jurisprudence (Hardcover)
Kenneth L Port
R5,818 Discovery Miles 58 180 Ships in 10 - 15 working days

In this comprehensive study of the Japanese trademark law system, the author presents the view of trademark rights in Japan as articulated in the relevant statutes and by Japanese courts and commentators. Relying on nearly 200 judicial opinions, nearly 200 books and law review articles, and the author's own translation of the Japanese Trademark Law (as amended to take effect April 1, 1997), the author argues that trademark law as enforced by Japanese courts is a very sophisticated and well-developed field of law - far more advanced than generally given credit outside of Japan. This book has three primary theses, all of them controversial. First, Professor Port argues that Japanese courts are rather paternalistic in protecting trademark owners, both from Japan and from foreign countries. Japanese courts have not hesitated to create judicial doctrine or rules that dampen the potential harsh impact a literal reading of the statute might allow regarding foreign trademark rights. Second, this book argues that Japanese trademark owners are extremely rights-conscious and Japanese courts clearly recognize and protect these rights as corporations compete. Although some argue that all of law in Japan can be explained by culture, the findings here demonstrate that culture is not king in the judicial trademark law field and that the Japanese zealously litigate trademark rights in order to compete for market share. Finally, this book shows the very broad scope of trademark protection in Japan. Again, although criticized for being too narrow, the Japanese trademark system confers property status to trademarks themselves, something the American system does not do.

Complex Copyright - Mapping the Information Ecosystem (Hardcover, New Ed): Deborah Tussey Complex Copyright - Mapping the Information Ecosystem (Hardcover, New Ed)
Deborah Tussey
R4,261 Discovery Miles 42 610 Ships in 12 - 17 working days

This book draws on a wide selection of interdisciplinary literature discussing complex adaptive systems - including scholarship from economics, political science, evolutionary biology, cognitive science, and religion - to apply general complexity tenets to the institutions, conceptual framework, and theoretical justifications of the copyright system, both in the United States and internationally. The author argues that copyrighted works are the products of complex creative systems and, consequently, designers of copyright regimes for the global 'information ecosystem' should look to complexity theory for guidance. Urging legal scholars to undertake empirical studies of real-world copyright systems, Tussey reveals how the selection of workable configurations for the copyright regime is larger than that encompassed by the traditional, entirely theoretical, debate between private property rights and the commons. Finally, this unique study articulates how copyright law must tolerate certain chaotic elements that may be essential to the sustainability of complex systems.

The Commercial Appropriation of Fame - A Cultural Analysis of the Right of Publicity and Passing Off (Hardcover): David Tan The Commercial Appropriation of Fame - A Cultural Analysis of the Right of Publicity and Passing Off (Hardcover)
David Tan
R2,506 Discovery Miles 25 060 Ships in 12 - 17 working days

Celebrities can sell anything from cars to clothing, and we are constantly fascinated by their influence over our lifestyle choices. This book makes an important contribution to legal scholarship about the laws governing the commercial appropriation of fame. Exploring the right of publicity in the US and the passing off action in the UK and Australia, David Tan demonstrates how an appreciation of the production, circulation and consumption of fame can be incorporated into a pragmatic framework to further the understanding of the laws protecting the commercial value of the celebrity personality. Using contemporary examples such as social media and appropriation art, Tan shows how present challenges for the law may be addressed using this cultural framework. This book will be of interest to intellectual property law academics, judges, practitioners and students in the US and common law jurisdictions, as well as those in the field of cultural studies.

Indigenous Knowledge and Ethics - A Darrell Posey Reader (Paperback): Kristiana Plenderleith Indigenous Knowledge and Ethics - A Darrell Posey Reader (Paperback)
Kristiana Plenderleith; Darrell A. Posey
R1,653 Discovery Miles 16 530 Ships in 12 - 17 working days

Darrell A. Posey, who died in 2001, was internationally known for his support of indigenous peoples and their natural habitats, and particularly for his pioneering work with the Kayapo people of Brazil. He was an organiser of the First International Congress of Ethnobiology which resulted in the Declaration of Belem: the first instance of an international scientific organisation recognizing an obligation to compensate native peoples for use of their knowledge and biological resources. In 1993, Posey received the United Nations Global 500 Award for Outstanding Achievement in Service to the Environment. Indigenous Knowledge and Ethics presents seventeen of his articles on the topics of environment, indigenous knowledge and intellectual property rights. Demonstrating his belief in the validity of indigenous knowledge systems, and his insistence that indigenous rights must be recognised and protected, it is an ideal introduction to his thought and work.

Agrobiodiversity and the Law - Regulating Genetic Resources, Food Security and Cultural Diversity (Hardcover, New): Juliana... Agrobiodiversity and the Law - Regulating Genetic Resources, Food Security and Cultural Diversity (Hardcover, New)
Juliana Santilli
R3,994 Discovery Miles 39 940 Ships in 12 - 17 working days

A wide range of crop genetic resources is vital for future food security. Loss of agricultural biodiversity increases the risk of relying on a limited number of staple food crops. However, many laws, such as seed laws, plant varieties protection and access and benefit-sharing laws, have direct impacts on agrobiodiversity, and their effects have been severely underestimated by policy makers. This is of concern not only to lawyers, but also to agronomists, biologists and social scientists, who need clear guidance as to the relevance of the law to their work.

Agrobiodiversity and the Law analyzes the impact of the legal system on agrobiodiversity (or agricultural biodiversity) the diversity of agricultural species, varieties and ecosystems. Using an interdisciplinary approach, it takes up the emerging concept of agrobiodiversity and its relationship with food security, nutrition, health, environmental sustainability and climate change. It assesses the impacts on agrobiodiversity of key legal instruments, including Seeds Laws, International Convention for the Protection of New Varieties of Plants, Plant Breeders' Rights, Convention on Biological Diversity (regarding specifically its impact on agrobiodiversity), and the International Treaty on Plant Genetic Resources for Food and Agriculture. It also reviews the options for the implementation of these instruments at the national level in several countries. It discusses the interfaces between the free software movement, the 'commons' movement and seeds, as well as the legal instruments to protect cultural heritage and their application to safeguard agrobiodiversity-rich systems. Finally, it analyzes the role of protected areas and the possibility of using geographical indications to enhance the value of agrobiodiversity products and processes.

Fan Fiction and Copyright - Outsider Works and Intellectual Property Protection (Hardcover, New Ed): Aaron Schwabach Fan Fiction and Copyright - Outsider Works and Intellectual Property Protection (Hardcover, New Ed)
Aaron Schwabach
R4,265 Discovery Miles 42 650 Ships in 12 - 17 working days

As long as there have been fans, there has been fan fiction. There seems to be a fundamental human need to tell additional stories about the characters after the book, series, play or movie is over. But developments in information technology and copyright law have put these fan stories at risk of collision with the content owners' intellectual property rights. Fan fiction has long been a nearly invisible form of outsider art, but over the past decade it has grown exponentially in volume and in legal importance. Because of its nature, authorship, and underground status, fan fiction stands at an intersection of key issues regarding property, sexuality, and gender. In Fan Fiction and Copyright, author Aaron Schwabach examines various types of fan-created content and asks whether and to what extent they are protected from liability for copyright infringement. Professor Schwabach discusses examples of original and fan works from a wide range of media, genres, and cultures. From Sherlock Holmes to Harry Potter, fictional characters, their authors, and their fans are sympathetically yet realistically assessed. Fan Fiction and Copyright looks closely at examples of three categories of disputes between authors and their fans: Disputes over the fans' use of copyrighted characters, disputes over online publication of fiction resembling copyright work, and in the case of J.K. Rowling and a fansite webmaster, a dispute over the compiling of a reference work detailing an author's fictional universe. Offering more thorough coverage of many such controversies than has ever been available elsewhere, and discussing fan works from the United States, Brazil, China, India, Russia, and elsewhere, Fan Fiction and Copyright advances the understanding of fan fiction as transformative use and points the way toward a safe harbor for fan fiction.

The Law and Theory of Trade Secrecy - A Handbook of Contemporary Research (Hardcover): Rochelle C. Dreyfuss, Katherine J.... The Law and Theory of Trade Secrecy - A Handbook of Contemporary Research (Hardcover)
Rochelle C. Dreyfuss, Katherine J. Strandburg
R6,647 Discovery Miles 66 470 Ships in 12 - 17 working days

This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment. This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists. Contributors include: R.G. Bone, C.M. Correa, R. Denicola, R.S. Eisenberg, V. Falce, H. First, J.C. Fromer, G. Ghidini, C.T. Graves, M.A. Lemley, D.S. Levine, D.E. Long, M.L. Lyndon, M.J. Madison, F.A. Pasquale, J.H. Reichman, M. Risch, P. Samuelson, S.K. Sandeen, G. Van Overwalle, E. von Hippel, D.L. Zimmerman

Rethinking Copyright - History, Theory, Language (Paperback): Ronan Deazley Rethinking Copyright - History, Theory, Language (Paperback)
Ronan Deazley
R1,035 Discovery Miles 10 350 Ships in 12 - 17 working days

This book provides the reader with a critical insight into the history and theory of copyright within contemporary legal and cultural discourse. It exposes as myth the orthodox history of the development of copyright law in eighteenth-century Britain and explores the way in which that myth became entrenched throughout the nineteenth and early twentieth centuries. To this historical analysis are added two theoretical approaches to copyright not otherwise found in mainstream contemporary texts. Rethinking Copyright introduces the reader to copyright through the prism of the public domain before turning to the question as to how best to locate copyright within the parameters of traditional property discourse. Moreover, underpinning these various historical and theoretical strands, the book explores the constitutive power of legal writing and the place of rhetoric in framing and determining contemporary copyright policy and discourse. Ronan Deazley's book will be of interest to academics and practitioners of law and intellectual property. The work should also be of interest to those working in alternate disciplines such as literary and cultural theorists and bibliographers

The Economics of Property Rights (Hardcover): Svetozar Pejovich The Economics of Property Rights (Hardcover)
Svetozar Pejovich
R17,201 Discovery Miles 172 010 Ships in 12 - 17 working days

This authoritative collection presents the most important published articles on the cultural, legal, philosophical and economic dimensions of property rights. It shows how the economics of property rights has enriched our ability to understand as well as to predict a wide range of real world events. This first volume focuses on the history, development and consequences of property rights as they interact with formal and informal institutions. The second volume considers the effects of alternative property rights on economic performance. This important two-volume collection will be an essential source of reference for both economists and political scientists concerned with property rights.

Research Handbook on Intellectual Property and Digital Technologies (Hardcover): Tanya Aplin Research Handbook on Intellectual Property and Digital Technologies (Hardcover)
Tanya Aplin
R7,130 Discovery Miles 71 300 Ships in 12 - 17 working days

This Research Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future. Written by leading international academics, commentators and practitioners, the Handbook is organised into clear thematic parts that address the most prominent types of IP rights: copyrights and related rights; patents and trade secrets; and trade mark law and designs. Chapters analyse a range of key technologies and their impacts within these areas, including big data, artificial intelligence, streaming, software, databases, user-generated content, mass digitisation, metatags, keywords and 3D printing. The Handbook concludes by exploring issues of competition and enforcement that cut across all of these technologies, particularly in the light of online exploitation and infringement. Scholars and doctoral students of law will find this Handbook an invaluable introduction and guide to the field of digital IP. Practitioners will also find its thoughtful coverage practically relevant. Contributors include: R. Abbott, B. Allgrove, R. Arnold, R. Burrell, T. Cook, M. Davison, M. Fisher, S. Ghosh, J. Ginsburg, J. Groom, M. Handler, Y. Harn Lee, T.R. Holbrook, M. Iljadica, S. Karapapa, I. Lee, J. Lipton, D. Llewelyn, M.F. Makeen, M.P. McKenna, D. Mendis, F. Mostert, L.S. Osborn, T.P. Reddy, E. Rosati, S.K. Sandeen, M. Senftleben, N. Shemtov, A. Strowel, T.E. Synodinou, K. Weatherall

Public Broadcasting and European Law - A Comparative Examination of Public Service Obligations in Six Member States... Public Broadcasting and European Law - A Comparative Examination of Public Service Obligations in Six Member States (Hardcover)
Irini Katsirea
R5,328 Discovery Miles 53 280 Ships in 10 - 15 working days

Although EU Member States share a tradition of regulating public broadcasting for the public interest, such regulation has been in decline in recent years. It has been challenged by the emergence of commercial television sworn to the market logic, as well as by satellite services and the Internet. EU law and policy has, under pressure from powerful global forces, abetted that decline. The question thus arises: Do cultural values still matter in European national broadcasting? This important book examines the challenges posed to public service obligations by European Union media law and policy. An in-depth analysis of the extent to which six countries (France, Germany, Greece, Italy, the Netherlands, and the United Kingdom) regulate broadcasting for the public interest reveals a range of vulnerability to national political pressures or, alternatively, to the ideology of market sovereignty.The author examines the country of origin principle and the European quota rule of the Television without Frontiers Directive, revealing the influence of European law on the definition and enforcement of programme requirements, and shows how the case law of the European Court of Justice encourages deregulation at the national level without offering adequate safeguards at the supranational level in exchange. She asks the question whether the alleged European audiovisual model actually persists; that is, whether broadcasting is still committed to protecting such values as cultural diversity, the safety of minors, the susceptibility of consumers to advertising, media pluralism, and the fight against racial and religious hatred.The book concludes with an evaluation of the impact of the EU state aid regime on the licence fee based financing of public broadcasting. Despite the increasing importance of the subject, its study in a comparative context has been heretofore underdeveloped. This book fully provides that context and more, and will be of great value and interest to all parties concerned with the key role of communications in the development of European integration.

Generic Top-Level Domains - A Study of Transnational Private Regulation (Hardcover): Tobias Mahler Generic Top-Level Domains - A Study of Transnational Private Regulation (Hardcover)
Tobias Mahler
R3,266 Discovery Miles 32 660 Ships in 12 - 17 working days

This topical book critically examines the regulatory framework for generic Top-Level Domains (gTLDs) on the Internet. The regulation drawn up by the Internet Corporation for Assigned Names and Numbers (ICANN) applies at a global level, complementing national and international law. These rules form part of a growing body of transnational private regulation. Generic Top-Level Domains offers a clear and engaging analysis of how ICANN has tackled a diverse set of regulatory issues related to the introduction of new gTLDs, such as property rights, competition and consumer protection. Studying recent case law, the book argues for a stronger focus on procedural fairness for future introductions of new gTLDs. It also highlights how ICANN's contractual framework regulates the registration and use of domain names and argues that ICANN's regulatory authority ought to be clarified in order to avoid regulatory overreach. Uniquely comprehensive, this book will appeal to students and scholars with an interest in Internet governance, domain name law and transnational private regulation. Practitioners working in the domain name industry will also find this a valuable resource.

Proprietary Consequences in Defective Transfers of Ownership (Hardcover): Samuel Zogg Proprietary Consequences in Defective Transfers of Ownership (Hardcover)
Samuel Zogg
R4,585 Discovery Miles 45 850 Ships in 12 - 17 working days

This book analyses proprietary restitution, at law and in equity, and inquires whether proprietary relief is available in defective transfers of property, such as mistaken payments. Refining the Birksian event-based classification of rights, it offers a coherent and rationalised approach to the transfer, creation and tracing of proprietary rights in general. The book sets out the current state of the law and discusses a vast body of case law. It is argued that the scope of proprietary relief following defective transfers of property is quite limited. Legal or equitable title in the transferred property remains vested in the transferor if his intention to execute the transaction is virtually absent altogether. If only equitable ownership is retained, a resulting trust comes into being. If legal and equitable ownership passes, the law of rescission might provide a power in rem which equips the respective party with a proprietary interest. Apart from that, however, no proprietary relief is available in defective transfer cases. In particular, constructive trusts have no role to play in this context. Proprietary Consequences in Defective Transfers of Ownership is a comprehensive work of interest to academic and professional readers alike.

The Current State of Domain Name Regulation - Domain Names as Second Class Citizens in a Mark-Dominated World (Hardcover, New):... The Current State of Domain Name Regulation - Domain Names as Second Class Citizens in a Mark-Dominated World (Hardcover, New)
Konstantinos Komaitis
R4,424 Discovery Miles 44 240 Ships in 12 - 17 working days

In this book Konstantinos Komaitis identifies a tripartite problem - intellectual, institutional and ethical - inherent in the domain name regulation culture. Using the theory of property, Komaitis discusses domain names as sui generis 'e-property' rights and analyses the experience of the past ten years, through the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA). The institutional deficit he identifies, generates a further discussion on the ethical dimensions in the regulation of domain names and prompts Komaitis to suggest the creation of an environment based on justice.

The relationship between trademarks and domain names has always been contentious and the existing institutions of the UDRP and ACPA have not assisted in alleviating the tension between the two identifiers. Over the past ten years, the trademark community has been systematic in encouraging and promoting a culture that indiscriminately considers domain names as secondclass citizens, suggesting that trademark rights should have priority over the registration in the domain name space.

Komaitis disputes this assertion and brings to light the injustices and the trademark-oriented nature of the UDRP and ACPA. He queries what the appropriate legal source to protect registrants when not seeking to promote trademark interests is. He also delineates a legal hypothesis on their nature as well as the steps of their institutionalisation process that we need to reverse, seeking to create a just framework for the regulation of domain names. Finally he explores how the current policies contribute to the philosophy of domain names as second-class citizens.

With these questions in mind, Komaitis suggests some recommendations concerning the reconfiguration of the regulation of domain names.

Intangible Cultural Heritage, Sustainable Development and Intellectual Property - International and European Perspectives... Intangible Cultural Heritage, Sustainable Development and Intellectual Property - International and European Perspectives (Hardcover, 1st ed. 2022)
Benedetta Ubertazzi
R3,662 Discovery Miles 36 620 Ships in 10 - 15 working days

This book critically analyses the relationships between intangible cultural heritage (ICH), sustainable development and intellectual property rights (IPRs). The author argues that although the use of IPRs to safeguard ICH presents challenges and has impeded sustainable development in some cases, the adoption of these rights on ICH also presents opportunities and, fundamentally, is not contrary to the spirit of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (UNESCO 2003 Convention). The adoption of IPRs on ICH can form an important part of the development of sustainable safeguarding plans capable of benefitting the communities, groups and individuals (CGIs) that create, maintain and transmit such heritage. The book provides a nuanced analysis of the relationship between intellectual property (IP) law and ICH as well as examining the role of IPRs in safeguarding ICH through the lens of sustainable development. It analyses the relationship between IP law and ICH from environmental, social and economic perspectives. These perspectives allow a thorough evaluation of both the positive effects and potential pitfalls of adopting IPRs to safeguard ICH. The book addresses deeper structural matters that refer back to the safeguarding of social and environmental processes underlying ICH.

Intellectual Property, Community Rights and Human Rights - The Biological and Genetic Resources of Developing Countries... Intellectual Property, Community Rights and Human Rights - The Biological and Genetic Resources of Developing Countries (Hardcover)
Marcelin Tonye Mahop
R4,413 Discovery Miles 44 130 Ships in 12 - 17 working days

This book considers the issue of biodiversity in developing countries in relation to intellectual-property rights, community rights and human rights. Drawing together a number of case studies of developing countries rich in biological and genetic resources including India, South Africa and Brazil, the book examines the access to PGRs and their utilizations in the contexts of scientific and commercial oriented activities pursued both in the source and user countries. Exploring how community rights are protected in national biodiversity-related regulations and some international legal instruments, Marcelin Tonye Mahop also discusses the relationship between community rights and human rights in the context of biodiversity. The book looks at the issue of bio-piracy, asking whether this phenomenon should only be seen as a North South clash, whereby biodiversity rich countries of the Southern Hemisphere blame developed countries and their actors as its principal perpetrators. While recognizing that developing countries' actors play a role in this bio-piracy phenomenon, the book goes on to suggest alternative measures for the legal protection of community rights at the national level with the possibility of national and international enforceability.

Essential reading for students and scholars of intellectual-property rights, biodiversity regulations and human rights, this book will also be of great value to researchers and members of professional organizations working in these subject areas. National and regional negotiators in the international processes dealing with the issues covered in the book will find it a useful tool that can help them to understand various facets of these processes.

Intellectual Property in Asian Emerging Economies - Law and Policy in the Post-TRIPS Era (Hardcover, New Ed): Assafa Endeshaw Intellectual Property in Asian Emerging Economies - Law and Policy in the Post-TRIPS Era (Hardcover, New Ed)
Assafa Endeshaw
R4,428 Discovery Miles 44 280 Ships in 12 - 17 working days

This book critically reviews the recurrent debate on Intellectual Property law and policy in developing countries carried out in the last decade. It identifies the still unresolved policy issues and proposes alternative approaches that resonate with the needs for transformation of the economic and social reality of developing countries. Focusing on emerging economies in Asia, the work draws the wider lessons to be learnt by researchers, policy makers, legislators and the business sector in general and concludes by putting forward proposals for reform.

Filing Patents Online - A Professional Guide (Hardcover): Sarfaraz K. Niazi Filing Patents Online - A Professional Guide (Hardcover)
Sarfaraz K. Niazi
R5,149 Discovery Miles 51 490 Ships in 12 - 17 working days

The average cost of an uncomplicated patent application filing is about $10,000. This high cost can leave thousands of inventors out in the cold. Filing Patents Online: A Professional Guide is a complete manual that walks inventors through each step of filing and prosecuting the patent online at a fraction of the cost. The online filing system recommended in the book allows continuous monitoring of the review status and for a much faster approval than the traditional route. Drawing from the many years of the author's experience as both an inventor and a patent agent, this guide teaches the methods of research, planning, and the art of writing winning claims that will result in commercially valuable patents.

Cultural Difference and Economic Disadvantage in Regional Human Rights Courts - An Integrated View (Hardcover): Valeska David Cultural Difference and Economic Disadvantage in Regional Human Rights Courts - An Integrated View (Hardcover)
Valeska David
R3,954 Discovery Miles 39 540 Ships in 12 - 17 working days

More and more people are turning to human rights courts to seek protection against prejudice, disadvantage or exclusion on account of their cultural and economic particularities. Human rights courts are thus increasingly faced with the difficult task of deciding these cases, which raise a number of complex and contested legal questions. To what extent can courts accommodate cultural diversity, protect all kinds of groups or interfere in socio-economic policy? This book argues that one of the problems encountered in dealing with such cases is the courts' tendency to assess them from a 'compartmentalised' or fragmentary perspective. This line of reasoning isolates or places into 'boxes' the various interrelated components of the right holder's claim and the norms concerning the case to their detriment. This book critiques this reductionist approach that is out of touch with real life and which, moreover, tends to leave the roots of the alleged violations intact. To counterbalance this tendency, an innovative, integrated and person-centered approach to adjudicating claims of cultural difference and economic disadvantage is put forward. Drawing on the concepts of intersectionality, indivisibility and normative interdependence, the book presents specific notions and methods for approaching the appreciation of rights holders, harms and norms in a holistic manner. A wide selection of case law from both the European and the Inter-American courts of human rights supports the normative framework developed in this book. The sample mostly includes cases brought by Muslims, Roma, Travelers, indigenous peoples, afro-descendants and people living in poverty.Cultural Difference and Economic Disadvantage in Regional Human Rights Courts: An Integrated View combines legal theory with practical insights in analysing both cultural an economic issues, which are rarely addressed together in human rights legal scholarship. It also offers a context-sensitive and relational view of human rights law that puts rights holders at the heart of the legal analysis, taking heed of the social structures within which legal frameworks operate. The book makes for compelling reading for students, academics and practitioners working in the fields of human rights law, jurisprudence, constitutional law, legal theory and feminist and cultural studies.

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