Sir Frederick Pollock wrote that 'English-speaking lawyers ...have specialised the name of Equity'. It is typical for legal textbooks on the law of equity to acknowledge the diverse ways in which the word 'equity' is used and then to focus on the legal sense of the word to the exclusion of all others. There may be a professional responsibility on textbook writers to do just that. If so, there is a counterpart responsibility to read the law imaginatively and to read what non-lawyers have said of equity with an open mind. This book is an exploration of the meaning of equity as artists and thinkers have portrayed it within the law and without. Watt finds in law and literature an equity that is necessary to good life and good law but which does not require us to subscribe to a moral or 'natural law' ideal. It is an equity that takes a principled and practical stand against rigid formalism and unthinking routine in law and life, and so provides timely resistance to current forces of extremism and entitlement culture. The project is an educational one in the true etymological sense of leading the reader out into new territory. The book will provide the legal scholar with deep insight into the rhetorical, literary and historical foundations of the idea of equity in law, and it will provide the law student with a cultural history of, and an imaginative introduction to, the technical law of equity and trusts. Scholars and students of such disciplines as literature, classics, history, theology, theatre and rhetoric will discover new insights into the art of equity in the law and beyond. Along the way, Watt offers a new theory on the naming of Dickens' chancery case Jarndyce and Jarndyce and suggests a new connection between Shakespeare and the origin of equity in modern law. 'This beautiful book, deeply learned in the branch of jurisprudence we call equity and deeply engaged with the western literary tradition, gives new life to equity in the legal sense by connecting it with equity in the larger sense: as it is defined both in ordinary language and experience and by great writers, especially Dickens and Shakespeare. Equity Stirring transforms our sense of what equity is and can be and demonstrates in a new and graceful way the importance of connecting law with other arts of mind and language.' James Boyd White, author of Living Speech: Resisting the Empire of Force 'Equity Stirring' is a fine example of interdisciplinary legal scholarship at its best. Watt has managed to produce a book that is fresh and innovative, and thoroughly accessible. Deploying a range of familiar, and not so familiar, texts from across the humanities, Watt has presented a fascinating historical and literary commentary on the evolution of modern ideas of justice and equity. Ian Ward, Professor of Law at the University of Newcastle upon Tyne. "this is an important, compendious, and thought-provoking work that should be on the shelves of everyone interested in equity studies." Mark Fortier, Law and Literature "there is much of interest to the legal historian...the book's insights and erudition did engage this rather sceptical reader, who would like to believe that equity could achieve justice, but fears rather that it can only be as fair as the court dispensing it." Rosemary Auchmuty, The Journal of Legal History "With luck, Equity Stirring will stir...taxonomic positivists from their culture of entitlement, waking them to the possibility that law and justice do not form the perfect quadration". Nick Piska, Social & Legal Studies "a highly imaginative, original and refreshing foray into the legal and ethical import of concepts too often thought to be difficult, archaic and obscure...Watt gives us a way into the subject which is forceful in its imaginative reach and its ethical import..." David Gurnham, Law, Culture and the Humanities

First published in 1991, this volume aims to take a close look at the laws of 27 countries to locate what others value in the realm of legal deposit and heighten our awareness of its importance for free access to information. It responds to the great concern over the freedom of the press, the end of censorship and absolute government secrecy, and guaranteed public access to information. The term 'legal deposit', known in the UK and several former-British Empire countries as 'copyright deposit', originated in France in 1537 and has spread throughout the world, though the definition of the term remains questionable. Jan T. Jasion examines this through three parts: various aspects of legal deposit, comparing legal deposit worldwide and a detailed examination of the laws of 27 countries to compare the various national interpretations of legal deposit.

An understanding of the changing nature of the law and practice of copyright infringement is a task too big for lawyers alone; it requires additional inputs from economists, historians, technologists, sociologists, cultural theorists and criminologists. Where is the boundary to be drawn between illegal imitation and legal inspiration? Would the answer be different for creators, artists and experts from different disciplines or fields? How have concepts of copyright infringement altered over time and how do such changes relate, if at all, to the cultural norms operating amongst creators in different fields? With such an approach, one might perhaps begin to address the vital and overarching question of whether strong copyright laws, rigorously enforced, impede rather than promote creativity. And what can be done to avoid any such adverse consequences, while maintaining the effectiveness of copyright as an incentive-mechanism for those who need it?

Trusts and Equity, part of the Foundations Series, offers a comprehensive, clear and straightforward account of the law ideal for LLB and GDL students.

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.

This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning equity and trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court's role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.

Copyright laws, along with other Intellectual Property Rights (IPRs), constitute the legal foundation for the "global knowledge-based economy" and copyright law now plays an increasingly important role in the creation of business fortunes, the access to and dissemination of knowledge, and human development in general. This book examines major problems in the current IPR regime, particularly the copyright regime, in the context of digitization, knowledge economy, and globalization. The book contends that the final goals of IP law and policy-making are to enhance the progress of science and economic development, and the use and even-distribution of intellectual resource at the global level. By referring to major international IP consensus, recent developments in regional IP forums and the successful experiences of various countries, YiJun Tian is able to provide specific theoretical, policy and legislative suggestions for addressing current copyright challenges. The book contends that each nation should strengthen the coordination of its IP protection and development strategies, adopt a more systematic and heterogeneous approach, and make IP theory, policy, specific legal mechanisms, marketing forces and all other available measures work collectively to deal with digital challenges and in a way that contributes to the establishment of a knowledge equilibrium international society.

In recent years we have witnessed a rising tension between the open architecture of the Internet and legal restrictions for online activities. The impact of digital recording technologies and distributed file sharing systems has forever changed the expectations of everyday users with regard to digital information. At the same time, however, U.S. Copyright Law has shown a decided trend toward more restrictions over what we are able to do with digital materials. As a result, a gap has emerged between the reality of copyright law and the social reality of our everyday activities. Through an analysis of the competing rhetorical frameworks about copyright regulation in a digital age, this book shows how the stories told by active parties in the debate shape our cultural understanding of what is and is not acceptable in the use of copyrighted works on digital networks. Reyman posits recent legal developments as sites of conflict between competing value systems in our culture: one of control, relying heavily on comparisons of intellectual property to physical property, and emphasizing ownership, theft, and piracy, and the other a value of community, implementing new concepts such as that of an intellectual "commons," and emphasizing exchange, collaboration, and responsibility to a public good. Reyman argues that the rhetoric of the digital copyright debate, namely the rhetorical positioning of technology as destructive to creative and intellectual production, has profound implications for the future of digital culture.

This authoritative book provides a comprehensive critical overview of the basic IP paradigms, such as patents, trademarks and copyrights. Their intersection with competition law and their impacts on the exercise of social welfare are analysed from an evolutionary perspective.The analyses and proposals presented encompass the features and rationales of a legal field in constant evolution, and relate them to increasingly rapid technological, economic, social and geo-political developments. Gustavo Ghidini highlights the emerging trends that challenge the traditional a??all-exclusionarya?? vision of IP law and its application. The author expertly combines holistic, evolutionary and constitutionally oriented approaches, with the search for a rebalancing of the IP rights holdersa?? positions with citizensa?? and usersa?? rights.This book will appeal to academics, scholars and lawyers specializing in the realm of intellectual property, competition and comparative law.

Intellectual Property and Agriculture addresses the important but largely neglected question of intellectual property's relationship to the production, processing, marketing, and circulation of agricultural inputs, products, and practices. This comprehensive literature review assesses the work of scholars from law, history, anthropology, science and technology studies, economics, and plant science on plants and plant genetic resources, late twentieth century international intellectual property agreements, and geographical indications of origin.

The first edition established itself as one of the leading books to situate the issue of intellectual property within the discipline of International Political Economy (IPE). Since its publication, intellectual property has continued to rise up the global agenda, reflecting expanding interest in the area among policy-makers and advocacy groups, linked to the increasingly fraught politics of the global governance of IPRs.

Significantly revised and updated to take account of developments within the World Trade Organization and the World Intellectual Property Organization, this edition incorporates the author 's recent research on IPRs. It retains the theoretical and analytical elements of the first edition, whilst offering students and researchers a detailed analysis of how intellectual property is politically constructed, and how it is linked to the economics of knowledge and information in the contemporary global political economy. Rapidly-developing issues addressed in the work include:

• arguments around the implementation of the Agreement on Trade Related Aspects of IPRs (TRIPs)
• the WIPO Development agenda and the resistance to socialization programmes
• the AIDS crisis and the pharmaceutical industry
• Digital Rights Management

This book will be of interest to students and researchers of international political economy, international relations and intellectual property law.

The first edition established itself as one of the leading books to situate the issue of intellectual property within the discipline of International Political Economy (IPE). Since its publication, intellectual property has continued to rise up the global agenda, reflecting expanding interest in the area among policy-makers and advocacy groups, linked to the increasingly fraught politics of the global governance of IPRs. Significantly revised and updated to take account of developments within the World Trade Organization and the World Intellectual Property Organization, this edition incorporates the author's recent research on IPRs. It retains the theoretical and analytical elements of the first edition, whilst offering students and researchers a detailed analysis of how intellectual property is politically constructed, and how it is linked to the economics of knowledge and information in the contemporary global political economy. Rapidly-developing issues addressed in the work include: arguments around the implementation of the Agreement on Trade Related Aspects of IPRs (TRIPs) the WIPO Development agenda and the 'resistance' to socialization programmes the AIDS crisis and the pharmaceutical industry Digital Rights Management This book will be of interest to students and researchers of international political economy, international relations and intellectual property law.

Clignet's analysis of inheritance patterns in modern America is the fi rst sustained treatment of the subject by a sociologist. Clignet shows that even today inheritance serves to perpetuate both familial wealth and familial relations. He examines what leads decedents to chose particular legal instruments (wills, trusts, insurance policies, gifts "inter vivos") and how, in turn, the instrument chosen helps explain the extent and the form of inequalities in bequests, of a result of the gender or matrimonial status of the beneficiaries.

The author's major is to identify and explain the most signifi cant sources of variations in the amount and the direction of transfers of wealth after death in the United States. He uses two kinds of primary data: estate tax returns fi led by a sample of male and female benefi ciaries to estates in 1920 and 1944, representing two successive generations of estate transfers, and publicly recorded legal instruments such as wills and trusts. In addition, Clignet draws widely on secondary sources in the fi elds of anthropology, economics, and history. His fi ndings reflect substantive and methodological concerns. Th e analysis underlines the need to rethink the sociology of generational bonds, as it is informed by age and gender.

"Death, Deeds, and Descendants" underscores the variety of forms of inequality that bequests take and highlights the complexity of interrelations between the cultures of the decedents' nationalities and issues like occupation and gender. Inheritance is viewed as a way of illuminating the subtle tensions between continuity and change in American society. This book is an important contribution to the study of the relationship between sociology of the family and sociology of social stratification.

This book is a highly readable and entertaining account of the co-evolution of the patent system and the life science industries since the mid-19th century. The pharmaceutical industries have their origins in advances in synthetic chemistry and in natural products research. Both approaches to drug discovery and business have shaped patent law, as have the lobbying activities of the firms involved and their supporters in the legal profession. In turn, patent law has impacted on the life science industries. Compared to the first edition, which told this story for the first time, the present edition focuses more on specific businesses, products and technologies, including Bayer, Pfizer, GlaxoSmithKline, aspirin, penicillin, monoclonal antibodies and polymerase chain reaction. Another difference is that this second edition also looks into the future, addressing new areas such as systems biology, stem cell research, and synthetic biology, which promises to enable scientists to invent life forms from scratch.

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.

The Unrealized Promise of the Next Great Copyright Act provides a unique perspective on one of the most active periods of copyright policy discourse in the United States since the enactment of the Copyright Act of 1976. Using the then-Register of Copyrights Maria Pallante's landmark speech of 2013 The Next Great Copyright Act as a catalyst, Christopher S. Reed documents and assesses the major issues confronting the U.S. copyright system today. The book offers an inside view of the Copyright Office's attempts at reform as part of a comprehensive account of the complex dynamics between key stakeholder communities, government and legislation. Chapters also explore relevant areas of copyright such as orphan works and mass digitization, online copyright enforcement, visual arts and music licensing, and demonstrate that despite previous difficulties the time is now ripe for an update to U.S. copyright law. This insightful book will be of great value to scholars and legal practitioners with a focus on copyright law and policy, and will also prove a useful resource for instructors teaching copyright policy at an advanced level. Others with an interest in intellectual property, technology and connected culture, or politics and government will also find this book an engaging read.

This innovative book celebrates the tri-centenary of modern copyright, which began with the enactment of the Statute of Anne by the British Parliament in 1709, and was soon followed by other copyright legislation abroad. The Statute of Anne is traditionally claimed to be the world's first copyright statute, and is thus viewed as the origin of a system of national laws that today exists in virtually all countries of the world. However, this book illustrates that while there is some truth in this claim, it is also important to treat it with caution. Written by leading experts from across the globe, this comprehensive (historical) analysis breaks new ground on modern copyright issues such as digital libraries, illegal downloading and distribution, international exhaustion and 'new formalities'. The expert contributors consider what lessons can be learnt from the achievements made during the last 300 years, and whether they can be used to overcome the new challenges facing copyright. This in-depth scientific analysis of the legacy of the Statute of Anne 300 years on from its origins will provide copyright practitioners, academics, policy makers and postgraduate students with a unique and fascinating read.

Patenting Lives includes contributions from various interests and perspectives, both in the context of current international developments in life patents and the global agenda of harmonization of international intellectual property. The book is divided into five sections reflecting the critical issues arising from patents and biotechnology - Context; Human Rights and Ethical Frameworks; Medicine and Public Health; Traditional Knowledge; and Agriculture. The international contributors from government, civil society, academia and the private sector provide diverse perspectives on life patents and the facilitation of social, cultural and economic development in the context of international principles of trade.

Copyright laws, along with other Intellectual Property Rights (IPRs), constitute the legal foundation for the "global knowledge-based economy" and copyright law now plays an increasingly important role in the creation of business fortunes, the access to and dissemination of knowledge, and human development in general.

This book examines major problems in the current IPR regime, particularly the copyright regime, in the context of digitization, knowledge economy, and globalization. The book contends that the final goals of IP law and policy-making are to enhance the progress of science and economic development, and the use and even-distribution of intellectual resource at the global level. By referring to major international IP consensus, recent developments in regional IP forums and the successful experiences of various countries, YiJun Tian is able to provide specific theoretical, policy and legislative suggestions for addressing current copyright challenges. The book contends that each nation should strengthen the coordination of its IP protection and development strategies, adopt a more systematic and heterogeneous approach, and make IP theory, policy, specific legal mechanisms, marketing forces and all other available measures work collectively to deal with digital challenges and in a way that contributes to the establishment of a knowledge equilibrium international society.

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.

3D printing poses many challenges to the traditional law of intellectual property (IP). This book develops a technical method to help overcome some of these legal challenges and difficulties. This is a collection of materials from empirical interviews, workshops and publications that have been carried out in one of the world's leading research projects into the legal impact of 3D printing. The project was designed to establish what legal challenges 3D printing companies thought they faced, and having done that, to establish a technical framework for a solution.

Intellectual Property, Medicine and Health examines critical issues and debates, including access to knowledge and medicinal products, human rights and development, innovations in life technologies and the possibility for ethical frameworks for intellectual property law and its application in public health. The second edition accounts for recent and, in some areas, extensive developments in this dynamic and fast-moving field. This edition brings together new and updated examples and analysis in competition and regulation, gene-related inventions and biotechnology, as well as significant cases, including Novartis v Union of India.

What is the relationship between creativity, cultural heritage institutions and copyright? Who owns culture and cultural heritage? The digital age has expanded the horizon of creative possibilities for artists and cultural institutions - what is the impact on legal regimes that were constructed for an analogue world? What are the tensions between the safeguarding of cultural heritage and the dissemination of knowledge about culture? Inspired by a three year research project involving leading European universities, this book explores the relationship between copyright and intellectual property, creativity and innovation, and cultural heritage institutions. Its contributors are scholars from both the humanities and the social sciences - from cultural studies to law - as well as cultural practitioners and representatives from cultural heritage institutions. They all share an interest in the contribution of intellectual property to the role of cultural institutions in making culture accessible and encouraging new creativity.

This book explores the question of whether the ideal right to science and culture exists. It proposes that the human right to science and culture is of a utopian character and argues for the necessity of the existence of such a right by developing a philosophical project situated in postmodernity, based on the assumption of 'thinking in terms of excendence'. The book brings a novel and critical approach to human rights in general and to the human right to science and culture in particular. It offers a new way of thinking about access to knowledge in the postanalogue, postmodern society. Inspired by twentieth-century critical theorists such as Levinas, Gadamer, Bauman and Habermas, the book begins by using excendence as a way of thinking about the individual, speech and text. It considers paradigms arising from postanalogue society, revealing the neglected normative content of the human right to science and culture and proposes a morality, dignity and solidarity situated in a postmodern context. Finally the book concludes by responding to questions on happiness, dignity and that which is social. Including an Annex which presents the author's private project related to thinking in the context of the journey from 'myth to reason', this book is of interest to researchers in the fields of philosophy and the theory of law, human rights, intellectual property and social theory.