*Presents a user-friendly wealth of useable, practical, and viable malpractice solutions *Explains in-depth advice on avoiding malpractice claims and their negative consequences for doctors in every field *Offers a valuable resource of precise and practical strategies to prepare for depositions, court testimony, and a doctor's defense in the event of litigation

Domestic Violence, Family Law and School discusses the ways in which domestic violence can impact on children's lives at pre-school and school. Disputes over parental responsibility, living arrangements or child contact can create difficulties not just for the child of disputing parents, but for all children at preschool or school, as well as for staff. This book uncovers new research on an under-explored area of children's lives and social work with vulnerable children and is shaped by a comparative lens that brings both similarities and differences between England, Wales and Sweden into focus. A theoretical framework for analyses of how welfare systems tackle domestic violence is elaborated and lessons for practice that can be drawn from the findings presented are highlighted.

This commentary offers the definitive guide to supplementary protection certificates (SPC); a key element in the regulation of the pharmaceutical and medical market within Europe. Beyond providing an overview of the European legislation and the CJEU case-law on SPCs, it also depicts and summarises national law and jurisprudence on leading pharmaceutical markets such as Germany, France and the United Kingdom as well as The Netherlands, Italy and Switzerland. Patent lawyers, those practising in the medical and pharmaceutical field as well as judges and academics will find this an invaluable resource.

'Ventose makes a fresh, lively and incredibly thorough contribution to the literature in this work. He canvasses the European, English and American authorities in a systematic, methodical and - dare I say - surgical manner. The book is a 'must read' for practitioners, academics and students alike interested in patentable subject matter, public policy and medico-legal ethics. It will be a welcome addition to any legal collection.' Emir Aly, University of Windsor, Barrister & Solicitor, Law Society of Upper Canada and Co-Founder and Co-Chair, Harold G. Fox Intellectual Property Moot 'Medical patents are a matter of life and death. Such patents have a critical impact upon patient care, medical research, and the administration of healthcare (and, indeed, are in part responsible for ballooning health care budgets). This comprehensive book by Eddy D. Ventose provides a systematic comparative analysis of medical patents. The work explores the historical taboo against patenting methods of human treatment; charts the spectrum of policy positions on medical patents, ranging from permissive to prohibitive; and examines contemporary battles over patenting methods of medical correlation in the Supreme Court of United States.' Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia This book provides a detailed and comparative examination of medical patent law and the issues at the heart of the medical treatment exclusion for therapeutic treatments, surgical treatments and diagnostic methods. It first considers the historical basis for exclusion and the development of law and policy in Europe, the United States and other commonwealth countries. The book goes on to provide a detailed analysis of the issues related to new medical technologies, such as gene therapy, dosage regimes, and medical diagnostics, in light of the medical treatment exclusion. Medical Patent Law will strongly appeal to patent agents and attorneys, solicitors and barristers working in patent and intellectual property law and medical law worldwide, as well as medical practitioners and healthcare professionals; scientists, researchers and managers in the chemicals, medical; pharmaceuticals and biotechnology industries. Postgraduates on LLM medical law and intellectual property courses and academics specializing in medical law or patent law, will also find much to interest them.

Key Facts Key Cases: Contract Law will ensure you grasp the main concepts of your Contract Law module with ease. This book explains in concise and straightforward terms: The rules regarding formation of contracts The contents of a contract Vitiating factors, factors which invalidate an otherwise validly formed contract The rules on discharge of contractual obligations Available remedies Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses and professional courses such as ILEX. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall of the essential points charts and tables to break down more complex information Where relevant, chapters also contain a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. Essential and leading cases are explained The style, layout and explanations are user friendly Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition

Key Facts Key Cases: Land Law will ensure you grasp the main concepts of your Land Law module with ease. This book explains the facts and associated case law for: The definition of land The registered land system Co-ownership Express, resulting and constructive trusts in land Leases Key rights in land such as easements and covenants Mortgages Proprietary estoppel and licences. Adverse possession Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall of the essential points charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. Essential and leading cases are explained The style, layout and explanations are user friendly Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition

The Supreme Court of the United States in Feist v. Rural (1991) required that databases must have a minimal degree of creativity for copyright. The judgment was highly significant and the subsequent period is understood as the post-Feist era. It has been globally influential. However, the decision is extremely complex and remains unsatisfactorily interpreted. In particular, it has been impossible to illuminate the creativity requirement. The book gives an account of the decision's conceptual structure, focusing on its full delineation of the opposite to creativity. In a radical and unprecedented innovation, it is correlated with an automatic computational process. Creativity itself is understood as non-computational or directly human activity concerned with meaning. Determining the presence of creativity is reduced to a four-stage test. This work then has acute practical current relevance to property in data in the digital age; it will also be of theoretical interest to, and is aimed at, researchers in, practitioners, and students of intellectual property worldwide.

New innovations are created every day, but today's business leaders are focused on finding disruptive innovations which are cheaper and lower performing than upmarket technologies. They create new markets, and challenge the status quo of existing technological thinking creating uncertainty both in the future of the innovation and the outcome of the market upheaval. Disruptive innovation is an influential innovation theory in business, but how does it affect the law? Several of these technologies have brought new ways for individuals to deal with copyright works while disrupting existing market expectations, while their ability to spawn social norms has presented challenges for legislation. Considering disruptive innovation as a class, this book examines innovations that have impacted copyright in the past, what lessons can be learned from how the law interacted with them, and how the law can successfully deal with them going forward. Creating comprehensive guidance that can be used when faced with disruptive innovations with the aim of more successful legislation, it considers whether copyright law itself has been disrupted through these innovations. Exploring whether disruptive innovations as a class have unique properties that necessitate action by legislators and whether these properties have the possibility to disrupt the law itself, this book theorises how the law should deal with disruptive innovations in general, going beyond a discussion of the regulation of specific innovations to develop a framework for how law makers should deal with disruptive innovations when faced by one.

Arguing that the translation of scientific and technical learning materials, and the publication of these translations in a timely and affordable manner, is crucially important in promoting access to scientific and technical knowledge in the developing world, this book examines the relationship between copyright law, translation and access to knowledge. Taking Sri Lanka as a case study in comparison with India and Bangladesh, it identifies factors that have contributed to the unfavourable relationship between copyright law and the timely and affordable translation of scientific and technical learning materials, such as colonisation, international copyright law, the trade interests of the developing economies and a lack of expertise and general lack of awareness surrounding copyright law in the developing world. Highlighting the need to reform international copyright law to promote the needs and interests of developing countries such as Sri Lanka, the book points to a possible way forward for developing countries to achieve this and to address the problem of striking a proper and delicate balance in their copyright laws between the protection of translation rights and the ability of people to access translations of copyright protected scientific and technical learning materials.

The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law. Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a grasp of the law of torts. This material is drawn together in support of a single argument in a provocative and accessible style, and puts forward a new theoretical model for analysing the law of torts, providing an overarching framework for radically reconceiving the subject.

Intellectual property rights are essential for a firm's competitive edge and success and form the significant assets for many firms. The authors of this book argue that intellectual property is a complex phenomenon, which inevitably requires a combination of both economic and legal considerations, because the lack of understanding of the mechanisms for the protection and preservation of IP can serve to undermine any of the potential economic benefits. The book outlines the opportunities that can be derived from the use of IP in business and also identifies the rules necessary for their implementation. It offers a comprehensive, systemic research of intellectual property based on the most up-to-date legislation and cases of IP use in Russia. Such an approach will allow readers to fully understand the peculiarities of IP as a special phenomenon of the Russian market. There is a good balance between theoretical knowledge and practical implementation, and the plain language and unique approach to structuring information make the book accessible and easy to understand. It contains a special glossary of terms to facilitate the understanding of the material presented in the book. Although the book looks specifically at the Russian case, it will have international appeal, since intellectual property, by its very nature, has become a transnational phenomenon. Moreover, the international regulatory framework provides for the similarity of legal regulation of IP. The book will find an audience among researchers concerned with the economics and law of intellectual property, as well as, policymakers and practitioners involved in business IP.

The book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation with a twofold aim: first, to understand the extent to which the Directive has influenced and will influence fundamental notions and principles of contract law in the domestic legal systems of the Member States; second, it examines the extent to which the domestic legal traditions of the Member States have influenced the process of drafting of the Directive and, more importantly, will affect the way that the Directive is interpreted and applied in national courts. The focus is mainly on English law (including the 2005 Unfair Terms in Contracts Bill) and on Italian law, but frequent references are made to the French and the German systems. At the same time, the book has a broader, more 'European' concern, in that it aims to distill from the existing Community acquis and from the history and rationale of Directive 93/13 notions and concepts that could guide its interpretation. It is well known that Community law uses terminology which is peculiar to it, and that legal concepts do not necessarily have the same meaning in EC law and in the law of the various Member States: every provision of Community law must be placed in its context and interpreted in the light of its own objectives and rationale, and of the objectives and rationale of Community law as a whole. In this respect, this book aims to identify the contours and features of the emerging European legal tradition, and to assess the impact that this may have on the domestic traditions.

Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes. This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage. Considering all forms of intellectual property, including patents, copyright, design rights, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars, and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies, and anthropology.

Provides a comprehensive list of the reference material that needs to be considered for more than 15 jurisdictions within this geographical region. Each jurisdiction chapter is written by a well-known practitioner experienced in the application of FIDIC contracts in the specific jurisdiction. The material is closely aligned with FIDIC publications and provides practical guidance on the application of FIDIC's recent second editions which is not available elsewhere.

Recent years have seen a gathering interest in the importance of real estate development to the growth and development of cities. This has included theoretical work on such topics as land rent and property rights as well as empirical studies on property investments, assetization, securitization, and the effects of changing property values on economic growth and the global status of cities. In the field of urban political economy, attention has turned particularly to the financialization of land and the built environment and to the globalization of property ownership, real estate development, and architectural design. This edited volume brings together a collection of original investigations of the current thinking on three broad themes: the assetization of land and buildings, the relationship of land rent to valuation and speculation in the markets for private and public properties, and the different ways in which land functions as a social relation. In order to ground the discussion, each chapter combines a theoretical perspective with empirical evidence. And, to convey a sense of the global nature of these phenomena, the book includes cases from Finland, India, Spain, Singapore, Hong Kong, Japan, Italy, China, and the United States. Although its prime goal is to solidify and extend the political economy of land, this book is also a celebration of the Finnish scholar Anne Haila who was a major contributor to this literature and, specifically, to the work of this book's authors. Prior to her sudden death in 2019, she was a key figure in the discussions that are at the core of the political economy of land: this book, in part, is a public acknowledgement of her contributions.

Contaminated land policy is a key concern of governments and policy makers across the globe, yet discussion has traditionally focused on the particular experience of the United States. This major new book develops a framework for assessing laws and regulations regarding contaminated land and polluted properties, their clean up and reuse, and the assignment of costs and responsibilities for reclamation.In Contaminated Land, the authors, a European and two Americans, lay out a framework for cross- national comparisons of policy contexts as well as ways of examining the outcomes of different approaches to contaminated land and systematically compare approaches to this issue in both the EU and US. The use of this framework leads to a reassessment of specific policies, such as the polluter pays principle, which may be more successful in the EU than it has been in the US, and subsidiarity which, while problematic in Europe, may hold promise in a US application. Specific issues discussed include the nature and extent of the contaminated land problem, legal implications, regulation in the US, the 1980 Comprehensive Environmental Liability, Compensation and Reclamation Act, European experience and EU environmental policy, integrated comparative analysis and some lessons for the future. Contaminated Land offers valuable insights on policy responses to the problem of badly polluted land from the perspectives of planning, economics and sociology. In particular, this volume offers frameworks for comparison of different national settings to help determine the preferred and most promising approaches to contaminated land in any social, economic and legal policy context.

Understanding Contract Law provides an accessible, in-depth analysis of the purpose of contracting and the role of the law of contract, as well as theories that inform it. Assessing the historical development of this cornerstone of law, the book provides detailed analysis of some of the leading theoretical explanations, and how they are applied in jurisdictions throughout the world. With a new chapter examining the impact of globalization on contract law, this new edition also includes recent behavioural research around responses to contract breach. The book's accessibility is enhanced by text boxes defining key concepts and terms, and biographical notes of leading figures and scholars. This ensures that readers are able to gain a clear understanding of the narratives and theories explained in the book, and to appreciate how contract law has evolved. Uniquely, the book is not limited to one jurisdiction, making this an essential text for students wishing to expand their knowledge of this fundamental area of law around the world.

This significantly updated second edition of the Research Handbook on Patent Law and Theory provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan. Leading patent scholars and practitioners provide an innovative comparative analysis of fundamental issues such as patentability, examination procedure and the scope of patent protection, with current issues such as patent protection for industry standards, computer software and business methods. Updates to this second edition reflect on the dramatic changes that have taken place in the US Patent System since the first edition, including the American Invents Act that has introduced the first-inventor-to-file policy and post-issuance proceedings to challenge validity. Current topics such as the Unified Patent Court, patent litigation updates reform in the US, design patents and patent inventions in medical science are also addressed. Providing a strong scholarly foundation, as well as useful tips for practitioners to protect their intellectual assets in technologies effectively in the global market, this Research Handbook will be of great interest to legal scholars and students, as well as lawyers and patent attorneys. Contributors include: J.N. Adams, C. Appelt, R.C. Dreyfuss, H. Goddar, H.P. Goeetting, O. Granstrand, S. Hetmank, C.M. Ho, C.M. Holman, C. Karl, J.B. Krauss, A.L. Landers, S. Luginbuehl, T. Miyamoto, T. Muller-Stoy, X.T. Nguyen, S. Ono, C. Rademacher, G. Reilly, S. Schohe, D. Stauder, T. Takenaka, J. Thomas

Intellectual property rights (IPRs) are increasingly significant elements of economic policy: they are vital to developed countries in an age of global trade. Today's astounding new technologies, stemming from the digital and biotechological revolutions are creating new problems. William Cornish focusses upon the major dilemmas that currently enmesh the subject: the omnipresent spread of IPRs across some recent technologies, the distraction caused by rights that achieve little of their intended purpose, and the seeming irrelevance of IPRs in the face of new technologies such as the internet. What IPRs are good for, and what they should achieve depends upon the law which defines them. There is great international, as well as national pressure for new laws, and in Europe, the EU is now the dominant force in shaping IP policy. Against this background, William Cornish surveys current arguments over legal policy in this field. How can the the issues raised by advances in human genetics be reconciled with the potential for diagnostic and therapeutic advances, and the patenting of molecules, genes, and even organisms by biotechnology and pharmaceutical companies? How can this new field be fairly protected through the existing requirements of patent law; and who should be responsible for effecting this result? Copyright is the traditional buttress of publishing, computer programming, and record and film production. It now faces a life-sapping threat from free and ready access to material via the Internet and other digital resources. How can a mixture of legal rights and technological barriers to access give reasonable protection to investment in new intellectual products without becoming an inordinate instrument of control? Trade marks are the crux of branding: a cornerstone of marketing that often eclipses even the very things being sold. How can we reconcile the tension between those intent on legal protection for every element of investment in branding, and those concerned to balance freedom to compete against the drive for 'fair trading'?

The law and economics of intellectual property is attracting increased attention as technological innovation continues to have a major impact on economic growth. This authoritative two-volume set brings together the most significant scholarship on intellectual property. It provides comprehensive coverage, with a mix of theory, empirics and institutional details. The emphasis is on more recent writings, although it also includes some early work that continues to provide the platform for contemporary scholarship.This book will be an essential source of reference for both academics, students and practitioners concerned with this exciting new field of research.

Collection of diverse perspectives, major topics and multiple approaches to property. Multidisciplinary approach to the subject matter. Comprehensive and accessible survey of current research at the interface of property, society and the environment. Of interest to students and researchers across a range of disciplines including law, sociology, geography, history, and economics.

Since the mid-twentieth century, Western societies have seen an unprecedented increase in movements, demands, and policies in favor of reparations. The historical catastrophes that shook the last century are both the immediate origin of this groundswell and its founding paradigm. The Reparable and the Irreparable: Being Human in the Age of Vulnerability places reparation within a wider contemporary context and describes it in its full anthropological depth. Repair is a global phenomenon that does not present itself in a unified way. Ideas of repair and reparation are expressed at different levels; for instance, one can mend a damaged object, heal a wound, redress an injury, or make amends for an offence. Johann Michel explores how repair and reparation tell us about human beings' (natural) vulnerability, our (moral) fallibility, and our (social) incompleteness, but also about the many capabilities we draw upon to mitigate these shortcomings. It is from the heart of human finitude that repair and reparation draw meaning, and the irreparable-whether due to time or to a debt that can never be repaid-haunt any policy of reparation. Such are the challenges to be addressed by a philosophy of repair and reparation constructed in renewed dialogue with the social sciences.

Animal law is a growing discipline, as is animal ethics. In this wide-ranging book, scholars from around the world address the intersections between the two. Specifically, this collection focuses on pressing moral issues and how law can protect animals from cruelty and abuse. A project of the Oxford Centre for Animal Ethics, the book is edited by the Oxford Centre's directors, Andrew Linzey and Clair Linzey, and features contributions from many of its fellows. Divided into three sections, the work explores historical perspectives and ethical-legal issues such as "personhood" and "property" before focusing on five practical case studies. The volume introduces readers to the interweaving between these subjects and should act as a spur to further interdisciplinary work.