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Books > Law > Laws of other jurisdictions & general law > Private, property, family law
First Published in 2000. Where a well-run society should rest on the continuum between public and private control has been the most contentious and thorny issue of legal and social theory throughout the generations. This series sets out to provide answers to this ongoing dispute contained in the five volumes of material assembled. The collection draws from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law.
This book is a reflection on domestic intellectual property lawmaking from a developing country's perspective. It focuses on Sri Lanka-a South Asian jurisdiction with a socio-economic, cultural, and political landscape similar to other developing nations in the region, but the intellectual property regime of which has been less explored. The aim of this book is to address the discrepancies, gaps, and flaws in the national intellectual property legal framework of Sri Lanka. In doing so, the book considers Sri Lanka's obligations under TRIPS and other related intellectual property treaties to which the country is a party. The book also examines approaches adopted by developing countries in the region and beyond, as well as other more developed nations, in calibrating Sri Lanka's domestic intellectual property regime to better address the country's domestic needs and national interests. The approach adopted in this book is of relevance, more generally, to policymakers, legislators, legal academics, scholars, jurists, legal practitioners and judges who are keen on exploring the extent to which domestic intellectual property legislation complies with international intellectual property norms and standards and, more importantly, the extent to which domestic law makes use of the flexibilities under international law in addressing domestic needs and national interests.
The materials in this collection are drawn from many disciplines, including economics,law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: "Liberty, Property and the Law." Stated in this general form, this topic is as broad as law itself. The relationship of liberty andproperty to the law surfaces whenever and wherever people interact with each otherunder the command and control of the sovereign. Those who hold sovereign power may choose to protect liberty and property or to undermine it. But the regrettably high frequency of political abuse throughout the world does not justify the exercise ofarbitrary legal power; nor does it limit human aspirations for a sound legal and socialorder to block political excesses. First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
The Joint Contracts Tribunal's Standard Form of Building Contract is the most common contract used in the UK to procure building work. Understanding it is a core part of any construction student's degree and a vital part of the working life of professionals in the construction industry. 'The JCT98 Building Contract' works through the contract systematically explaining it in easy-to-follow language, covering all contract issues thoroughly and illustrating with case law examples the current situation and latest amendments. It is ideal reading for both the student of construction and the professional seeking to update their knowledge.
The phenomenal growth of the media and entertainment industries has contributed to a fragmented approach to intellectual property rights. Written by a range of experts in the field, this Handbook deals with contemporary aspects of intellectual property law (IP), and examines how they relate to different facets of media and entertainment. A stimulating array of chapters cover topics such as: IP rights in the news, spectacles and other ephemera; copyright and fan activities; performers' and moral rights; IP protection of television formats; publicity and personality rights; trade marks in entertainment products; traditional knowledge, and the global digital distribution of media content. Highlighting the need for the law to accommodate a rapidly expanding and modernizing industry, suggestions are made for future developments. Novel and contemporary, this Handbook will appeal to both academics and students across the field of IP, particularly in relation to media and entertainment. Its practical focus will also appeal to both practitioners and judges looking to work within and develop this most fascinating and topical area of the law. Contributors include: E. Adeney, T. Aplin, G. Austin, D.S. Caudill, M. de Zwart, G. Dinwoodie, S. Frankel, J. Ginsburg, L. Golding, J. Griffiths, M. Handler, D. Hunter, D. Mac Sithigh, M. Richardon, S. Ricketson, M. Rimmer, D. Tan, J. Thomas, P.K. Yu, M. Williams
Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world's biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while in the EU, the CJEU's interpretation of the pan-European design rights system has created significant overlap with copyright law and risks leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters, that can also help create a fair equilibrium between protection and borrowing in fashion design.
First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.
The Hague Agreement has provided international protection for
industrial designs since 1925. The latest of several revisions,
agreed upon at Geneva in 1999, is operational as of April 1, 2004,
under the administration of the World Intellectual Property
Organization (WIPO). The global protection of industrial designs,
accommodating all forms of national protection systems, will be
based on this treaty. This in-depth analysis by William T.
Fryer, III, a well-known Professor of Law and patent attorney
who participated [and participant] in the meetings and diplomatic
conference that led up to the 1999 Act (as well as in subsequent
user meetings), is unlikely to be superseded. It presents a
detailed drafting history and expert analysis, as well as
incomparable strategic guidance for attorneys, businesses, and
governments in the implementation of the Act's provisions. Readers
can expect all of the following and more: an overall understanding
of how the 1999 Act operates to amend and update the Hague
Agreement;
First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.
A comprehensive review of the practical implications of the numerous recent cases on swaps and derivatives.
First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.
First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
The foundations of tort law in various European legal systems vary considerably. Until now, there has not been an attempt to harmonize the entire field of tort law in a consistent manner. To rectify this, a group of tort lawyers has proposed to address the fundamental questions underlying every tort law system. The result is this important book, which searches for a common law of Europe without the necessity yet to lay these principles down in formal legal texts, such as a European civil code. Identifying the most relevant factors in establishing liability as wrongfulness, causation, damage, fault, and the area of strict liability, the authors concentrate on the topic of 'wrongfulness', trying to combine theoretical abstract analysis with the discussion of concrete cases. Each author gives an overview of wrongfulness under his or her national legal system, primarily by working out the concept and its importance in establishing liability - and then applies the analysis to actual cases. The subsequent conclusions aim at the coordination of the results and other important factors. In addition, some members of the group work out the nature of protected interests and important reasons for the extent of protection, and discuss the overlap of contractual and tortious liability. In summary, the book not only explores the common ground underlying all the legal systems concerned with respect to the concept of wrongfulness, but also informs academics and practitioners of the fundamental questions of wrongfulness underlying the law of tort in various distinct jurisdictions.
First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
First published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.
The family and the law, with its attendant legal systems, share a pervasive connectedness. With this new volume, family practitioners and scholars can begin to increase the family?s position in relation to the law and legal system. The contributing authors bring to light the power of laws and the ways to influence them,for the benefit of the family.
Volume one of this set of two texts presents a detailed exposition of the relevant EC rules in contract law that are applicable throughout the European Union, regardless of the national law of the contract. No commentary has been added to the text, which should be regarded as an account of the present state of the law. The use of EC regulations and directives in private law is a relatively novel concept. A growing body of EC legislation has been adopted with a view to determining various contractual obligations which must be complied with. The book is divided into seven chapters, each covering a separate aspect of contractual relations. In each of these chapters, the content reflects as closely as possible the precise wording of the EC legislation, together with the precise wording of any relevant dicta of the European Court of Justice. The legislation relating to matters which are not strictly contractual, such as intellectual property, company law and taxation, have been excluded. Where legislation has been amended by subsequent treaties, regulations or directives, the amendments are incorporated in the text. The legislation in this volume is that which is available and published in the Official Journal of the European Communities as at 1 May 1997.
Winner of the 2010 Distinguished Book Award from the American Psychological Association's 44th Division (the Society for the Psychological Study of Lesbian, Gay, Bisexual and Transgender Issues) An in-depth, transnational primer on the current state of same-sex marriage post legalization The summer of 2008 was the summer of love and commitment for gays and lesbians in the United States. Thousands of same-sex couples stood in line for wedding licenses all over California in the first few days after same-sex marriage was legalized. On the other side of the country, Massachusetts, the very first state to give gay couples marriage rights, took the last step to full equality by allowing same-sex couples from other states to marry there as well. These happy times for same-sex couples were the hallmark of true equality for some, yet others questioned whether the very bedrock of society was crumbling. What would this new step portend? In order to find out the impact of same-sex marriage, M. V. Lee Badgett traveled to a land where it has been legal for same-sex couples to marry since 2001: the Netherlands. Badgett interviews gay couples to find out how this step has affected their lives. We learn about the often surprising changes to their relationships, the reactions of their families, and work colleagues. Moreover, Badgett is interested in the ways that the institution itself has been altered for the larger society. How has the concept of marriage changed? When Gay People Get Married gives readers a primer on the current state of the same-sex marriage debate, and a new way of framing the issue that provides valuable new insights into the political, social, and personal stakes involved. The experiences of other countries and these pioneering American states serve as a crystal ball as we grapple with this polarizing issue in the American context. The evidence shows both that marriage changes gay people more than gay people change marriage, and that it is the most liberal countries and states making the first move to recognize gay couples. In the end, Badgett compellingly shows that allowing gay couples to marry does not destroy the institution of marriage and that many gay couples do benefit, in expected as well as surprising ways, from the legal, social, and political rights that the institution offers.
The growth of data-collecting goods and services, such as ehealth and mhealth apps, smart watches, mobile fitness and dieting apps, electronic skin and ingestible tech, combined with recent technological developments such as increased capacity of data storage, artificial intelligence and smart algorithms, has spawned a big data revolution that has reshaped how we understand and approach health data. Recently the COVID-19 pandemic has foregrounded a variety of data privacy issues. The collection, storage, sharing and analysis of health- related data raises major legal and ethical questions relating to privacy, data protection, profiling, discrimination, surveillance, personal autonomy and dignity. This book examines health privacy questions in light of the General Data Protection Regulation (GDPR) and the general data privacy legal framework of the European Union (EU). The GDPR is a complex and evolving body of law that aims to deal with several technological and societal health data privacy problems, while safeguarding public health interests and addressing its internal gaps and uncertainties. The book answers a diverse range of questions including: What role can the GDPR play in regulating health surveillance and big (health) data analytics? Can it catch up with internet-age developments? Are the solutions to the challenges posed by big health data to be found in the law? Does the GDPR provide adequate tools and mechanisms to ensure public health objectives and the effective protection of privacy? How does the GDPR deal with data that concern children's health and academic research? By analysing a number of diverse questions concerning big health data under the GDPR from various perspectives, this book will appeal to those interested in privacy, data protection, big data, health sciences, information technology, the GDPR, EU and human rights law.
This edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements - agreements that are formed between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements. Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law. |
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