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.

Thirty years after the adoption of the UN Convention of the Rights of the Child, this book provides diverse perspectives from countries and regions across the globe on its implementation, critique and potential for reform. The book revolves around key issues including progress in implementing the CRC worldwide; how to include children in legal proceedings; how to uphold children's various civil rights; how to best assist children at risk; and discussions surrounding children's identity rights in a changing familial order. Discussion of the CRC is both compelling and polarizing and the book portrays the enthusiasm around these topics through contrasting and comparative opinions on a range of topics. The work provides varying perspectives from many different countries and regions, offering a wealth of insight on topics that will be of significant interest to scholars and practitioners working in the areas of children's rights and justice.

Ideas are the fuel of industry and the entertainment business. Likewise, manufacturers receive suggestions for new products or improvements to existing products, and retailers frequently receive ideas for new marketing campaigns. Many ideas are not new and may be used by anyone without the risk of incurring any legal liability, but some ideas are novel and valuable. If the originator of a potentially useful idea does not have the financial resources to exploit the idea, he or she may submit it to another, with the expectation of receiving compensation if the idea is used. Although an extensive body of intellectual property law exists to protect the rights of inventors, authors, and businesses that own valuable brands or confidential proprietary information, raw ideas receive no protection. Nevertheless, the originator of a potentially useful and marketable idea is not without legal recourse. The courts have developed, through a long line of common law precedents, legal protection for novel and concrete ideas under certain circumstances. The originator of an idea can rely on contract law, whereby the recipient may expressly or impliedly agree to pay for the idea. Alternatively, if the idea is disclosed in confidence, its unauthorized use by the recipient allows the originator of the idea to recover compensation. Finally, some courts have treated the ownership of ideas as quasi-property rights.

Contemporary copyright was born in a heroic era of human history when technologies facilitated idea dissemination through the book trade reaching out mass readership. This book provides insights on the copyright evolution and how proprietary individual expression's copyright protection forms an integral part of our knowing in being, driven by the advances of technology through the proliferating trading frameworks. The book captures what is central in the process of copyright evolution which is an "onto-epistemological offset". It goes on to explain that copyright's protection of knowing in originality's delineation of expression and fair use/dealing's legitimization of unauthorized use and being are not isolatable, but rather mutually implicated. While the classic strict determinism has been subject to an onto-epistemological challenge, the book looks at the proliferation of global trade and advent of information technology and how they show us the beauty and possibility of intra-dependence between copyright authorship, entrepreneurship, and readership, which calls for a fresh copyright onto-epistemology. Building on its onto-epistemological critiques on the stakeholder, force, and mechanism of copyright evolution, the book helps readers understand why, not only copyright, but also law in general, and justice too, need to be onto-epistemologically balanced, as this is categorically imperative for being, the fundamental law of nature.

This collection comprises eighteen contemporary articles on an often overlooked, but important, field of intellectual property law: trade secrets and undisclosed information. Divided into five parts, the selected articles examine various aspects of trade secret law, including its historical development and the range of theories and justifications for trade secret protection. The material also provides a detailed exploration of the scope and limits of trade secret protection, and addresses how trade secret issues arise in a number of contexts, including employment, governmental relations, and the internet. Including an original introduction by the editors, Trade Secrets and Undisclosed Information brings this significant subject into the forefront of discussion, and will be an invaluable resource to students, scholars and practitioners alike.

This study examines the legal discrimination suffered in the United States by children born out of wedlock. The authors analyze the Supreme Court's equal protection birth status decisions from 1968 to 1992 and, in a case-by-case analysis, trace the development of the Court's rulings, examine the pattern of equal protection tests utilized, and evaluate the consistency of the Court's position. In addition, the work examines the related discrimination suffered by the families of non-marital children, especially single parents and alternative family units, and concludes that it is impossible to gain full equality for children born out of wedlock unless equality is also gained for their family unit. Toward these ends, the authors suggest a feminist jurisprudence as a methodology for addressing the underlying issue at the crux of birth status distinctions.

Succession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person's estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator's capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentially contentious issues that are becoming more central to professional work in the field of succession.

This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.

Whale oil lit the cities and greased the machines of the Industrial Revolution. In light of its importance, competition between whalers was high. Far from courts and law enforcement, competing crews of American whalers not known for their gentility and armed with harpoons tended to resolve disputes at sea over ownership of whales. Left to settle arguments on their own, whalemen created norms and customs to decide ownership of whales pursued by multiple crews. The Law of the Whale Hunt provides an innovative examination of how property law was created in the absence of formal legal institutions regulating the American whaling industry in the eighteenth and nineteenth centuries. Using depositions, court testimony, logbooks, and other previously unused primary sources, Robert Deal tells an exciting story of American whalers hunting in waters from the North Atlantic to the South Pacific and the Sea of Okhotsk.

In Antitrust Law and Intellectual Property Rights: Cases and Materials, Christopher R. Leslie describes how patents, copyrights, and trademarks confer exclusionary rights on their owners, and how firms sometimes exercise this exclusionary power in ways that exceed the legitimate bounds of their intellectual property rights. Leslie explains that while substantive intellectual property law defines the scope of the exclusionary rights, antitrust law often provides the most important consequences when owners of intellectual property misuse their rights in a way that harms consumers or illegitimately excludes competitors. Antitrust law defines the limits of what intellectual property owners can do with their IP rights. In this book, Leslie explores what conduct firms can and cannot engage in while acquiring and exploiting their intellectual property rights, and surveys those aspects of antitrust law that are necessary for both antitrust practitioners and intellectual property attorneys to understand. This book is ideal for an advanced antitrust course in a JD program. In addition to building on basic antitrust concepts, it fills in a gap that is often missing in basic antitrust courses yet critical for an intellectual property lawyer: the intersection of intellectual property and antitrust law. The relationship between intellectual property and antitrust is particularly valuable as an increasing number of law schools offer specializations and LLMs in intellectual property. This book also provides meaningful material for both undergraduate and graduate business schools programs because it explains how antitrust law limits the marshalling of intellectual property rights.

The legal protection of geographical indications (GIs) is characterised by a variety of approaches which translates the many objectives attached to them. These range from protection of the consumers and producers' interests against unfair competition practices, to territorial development, to preservation of cultural heritage and natural resources. Looking beyond formal legal protection for GIs, this book seeks to re-draw attention to what happens in the real world by exploring the opportunities and constraints which influence whether regional product branding initiatives are successful. It asks: what makes GIs work in practice and does the type of legal protection matter? To answer these questions, this book takes a comparative case study approach and draws upon empirical data collected from 12 GI initiatives in two countries, France and Vietnam. In doing so, this book not only provides new insights and perspectives to the ongoing international legal dispute over GIs, it also contributes to unpacking the factors that make GIs work in practice to bring about economic and non-economic benefits and ultimately support the empowerment of local producers. This book will be of interest to legal academics and practitioners as well as food sociologists, economists, anthropologists and rural development experts.

*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

Managing risk is a requirement of the SRA Handbook and quality schemes. Land law in England and Wales remains complex and to a large extent uncodified and claims against solicitors for negligence form the largest number of all claims against solicitors. This unique new book examines the specific issues that may arise at different stages in the acquisition and conveyance of land and identifies the problems, pitfalls and risks faced when acting for the buyer, seller and lender which may give rise to liability in negligence. As well as covering routine matters such as compliance with CML Conditions, it includes chapters on discrete issues, such as options or environmental matters, which will be of particular help to non-specialist practitioners.

In today's highly globalized and regulated economy, private and public organizations face myriad complex laws and regulations. A process designed to detect and prevent regulatory compliance failures is vital. However, such an effective process cannot succeed without development and maintenance of a strong compliance and legal risk management culture. This wide-ranging handbook pulls together work from experts across universities and industries around the world in a variety of key disciplines such as law, management, and business ethics. It provides an all-inclusive resource, specifying what needs to be known and what needs to be further pursued in these developing areas. With no such single text currently available, the book fills a gap in our current understanding of legal risk management, regulatory compliance, and ethics, offering the potential to advance research efforts and enhance our approaches to effective legal risk management practices. Edited by an expert on legal risk management, this book is an essential reference for students, researchers, and professionals with an interest in business law, risk management, strategic management, and business ethics.

The 3rd edition of Farlam and Hathaway's popular case book on the law of contract builds an extensive series of notes, central materials and commentary upon its solid foundation of cases.

This innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national, European and international levels, the chapters critically examine the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to undertake measures in the public interest. Internationally renowned contributors analyse high profile cases in the framework of global legal forums and agreements, such as the Global Agreement on Tariffs and Trade and the WTO. Exploring the significance of fundamental human rights and ethical concerns, this Research Handbook will provide critical insight into intellectual property law, particularly with respect to the protection of IP as an investment, and its adjudication in the context of investor-state dispute settlement (ISDS) mechanisms. Comprehensive and engaging, academics and higher-level students working on intellectual property, investment law, European law and international law, will benefit from this Research Handbook. Specialized lawyers and practitioners, as well as organizations or governments involved in IP regulation, will also take advantage from its insight. Contributors include: E. Bonadio, G. Cook, C. Correa, T. Cottier, R.C. Dreyfuss, S. Frankel, S. Gaspar-Szilagyi, C. Geiger, R. Geiger, D. Gervais, H. Grosse Ruse-Khan, C.M. Ho, M. Husovec, S. Klopschinski, A. Marsoof, B. Mercurio, T. Mylly, R.L. Okediji, P. Roffe, D. Segoin, X. Seuba, P.N. Upreti, L. Vanhonnaeker, H. Wager, P.K. Yu

This global primer surveys international initiatives on traditional knowledge, folklore, cultural heritage and genetic resources, and describes in a comprehensive manner regional and national principles of protection in Asia, Europe, Africa, Oceania, the Middle East, the United States and the Americas. The most innovative parts of the book discuss three key approaches. First, the book highlights the relevance of customary law, describes how it is recognized and applied in legal systems and assesses its effectiveness as an enforcement mechanism. Second, through selected cases, the book illustrates the problem of biopiracy to which the disclosure requirement has been proposed as a policy response. It traces the origins of the disclosure requirement to instruments developed jointly by WIPO and UNESCO. Third, the book proposes a novel approach to protecting traditional knowledge premised on the principle of reciprocity and the use of mutual recognition agreements (MRAs) and assesses the scope of such MRAs. Libraries and universities will find this work is an invaluable resource for scholars and researchers. The material will also be important for government officials and organizations developing policy. Furthermore, the information available in these pages can empower indigenous peoples and local communities looking to promote awareness and protect traditional knowledge.

A History of American Land Law is the only comprehensive treatise on this important subject. In Volume 1: English Origins and the American Colonial Experience, the author traces the rise of land-related customs and laws in western civilization generally and in the British Isles specifically. The evolution of Celtic, Roman, Anglo-Saxon and Norman laws into the celebrated English common law, and the transmission of this law to the English North American colonies, are described in detail. The narrative reveals the many ways this centuries-long story touched the lives of ordinary people. In Volume 2: Land Law in the American States, the text describes and documents for each state to what extent the English common law and land law became part of that state's basic jurisprudence. In addition, one chapter shows how American states have considered comprehensively reforming certain areas of land law, and the final chapter describes the development of and changes in dozens of American land law topics in modern times. About the author: David A. Thomas is Rex E. Lee Endowed Chair and Professor of Law Emeritus at Brigham Young University's J. Reuben Clark Law School, where he taught from 1974-2012. He has written approximately 50 books and dozens of law review articles, mostly in the areas of property law, legal history, real estate finance, legal history, civil procedure, federal courts and legal education. He is the editor-in-chief and principal author of the 15-volume national property law treatise Thompson on Real Property, Thomas Editions. During his career he received five professor of the year recognitions. He was educated at Brigham Young University (B.A., 1967; M.L.S., 1977) and Duke University (J.D., 1972). His legal education was interrupted for military service, and he returned to law school as a decorated veteran of the U.S. Army's 1st Infantry Division in Vietnam. He and his wife Paula have eight children and live in Orem, Utah.

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.

First published in 1985, Women-in-Law is a collection of essays examining the complex interactions of law, sexuality, and the family. It explores the ways in which legal ideology and practice affect women and looks at issues such as child custody, domestic violence and prostitution in the light of new research. The contributors review the history of feminist involvement with the law and analyse the law's fundamental failure to improve the status of women. They also assess strategies for change in view of the current backlash against women's rights and the traditional role of law in the subjugation of women. This book will be of interest to students of law, political science, sociology, gender studies, and sexuality studies.

This book builds an empirical basis towards creating broader prevention and intervention programs in curbing digital piracy. It addresses the psychosocial, cultural and criminological factors associated with digital piracy to construct more efficient problem-solving mechanisms. Digital piracy including online piracy involves illegal copying of copyrighted materials. This practice costs the software industry, entertainment industry, and governments billions of dollars every year. Reports of the World Intellectual Property Organization (WIPO) and Business Software Alliance (BSA) view piracy largely in the light of economic factors; the assumption being that only those who cannot afford legitimate copies of software, music, and movies indulge in it. Drawing on research and theories from various disciplines like psychology, sociology, criminology, and law, the authors have designed an empirical study to understand the contribution of psychological, cultural and criminological factors to digital piracy. The chapters include data from India and China, which continue to be on the Special 301 report priority watch list of the WIPO, and Serbia, which has been on the watch list 4 times. They examine the role of self-control, self-efficacy, perceived punishment severity, awareness about digital piracy, peer influence, neutralization techniques, novelty seeking, pro-industry factors and other socio-demographic factors in predicting digital piracy. This book addresses a large readership, comprising academics and researchers in psychology, criminology and criminal justice, law and intellectual property rights, social sciences, and IT, as well as policymakers, to better understand and deal with the phenomenon of digital piracy.

The fourth edition of Housing Policy in the United States refreshes its classic, foundational coverage of the field with new data, analysis, and comparative focus. This landmark volume offers a broad overview that synthesizes a wide range of material to highlight the significant problems, concepts, programs and debates that all defi ne the aims, challenges, and milestones within and involving housing policy. Expanded discussion in this edition centers on state and local activity to produce and preserve affordable housing, the impact and the implications of reduced fi nancial incentives for homeowners. Other features of this new edition include: * Analysis of the impact of the Tax Cuts and Jobs Act of 2017 on housing- related tax expenditures; * Review of the state of fair housing programs in the wake of the Trump Administration's rollback of several key programs and policies; * Cross- examination of U.S. housing policy and conditions in an international context. Featuring the latest available data on housing patterns and conditions, this is an excellent companion for graduate and advanced undergraduate courses in urban studies, urban planning, sociology and social policy, and housing policy.