This book covers a broad range of legal topics relating to the fields of bioinformatics and medical informatics, which relate to the intersection of biomedical information and computer programming within the contexts of scientific research, product development and healthcare delivery. A number of usually distinct bodies of legal doctrine come together in this area, sometimes overlapping, sometimes colliding in unexpected ways. Key issues discussed in the book include: An overview of the current landscape of bioinformatics and medical informatics A focus on the legal issues arising from the development and acquisition of informatics tools for use in a laboratory or healthcare setting Developments in patent and innovation law that are important for informatics applications A discussion of institutions and collaborative arrangements in which informatics applications are developed and used today Data protection and privacy issues applicable to informatics applications in the U.S. and Europe. While no single work can cover the entire set of legal issues arising from large, dynamic and complex fields such as bioinformatics and medical informatics, this book strives to offer the reader insight into some of the major legal trends and considerations applicable to these fields today.

Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits' unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts. Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.

This work is the undisputed authority in its field. In the two decades since it was first published in 1980, two supplements were produced to update the contents. The long-awaited second edition incorporates the important legislation relating to wills and intestate succession enacted over the last twenty years, and takes note of significant judgments and new literature on the subject. It reflects the law as at 1 June 2001. Authored by a former Chief Justice of South Africa, a practising senior counsel and an eminent academic, The Law of Succession in South Africa draws on an unusually wide range of legal experiences. It should form part of every law library. Indispensable work of reference. Comprehensive discussion of all aspects of the law of succession. Includes chapters on litigation in succession matters. Deals with the conflict of laws.

Biotechnology is a field that inspires complex legal and ethical debates on an international scale. Taking a fresh approach to the subject, Matthias Herdegen provides a comprehensive assessment of the regulation of biotechnology processes and products from an international and comparative perspective. Herdegen explores how regulatory approaches to controversial issues such as: stem cell research and cloning and gene therapy differ across jurisdictions due to conflicting values and risk perceptions. The book goes on to examine how international regulatory instruments aim to address these conflicting perspectives and provide judgments based on broad international consensus. Chapters explore the interaction between biotechnology and different fields of law including: human rights, intellectual property, trade law and environmental law. In doing so, a number of complex issues are raised such as the need to balance commercial interests with socio-cultural considerations and the need to ensure respect for human dignity in the pursuit of biomedical research. Providing a concise and accessible guide to a complex field of international law, this book will be of great value to those researching the law and regulation of biotechnology, biomedicine and biodiversity both within the EU and on an international scale. The book will also be a useful resource for practicing lawyers as it includes sources from a diverse range of legal systems and analyses relevant decisions by international adjudicatory bodies.

This comprehensive Commentary presents a contemporary legal perspective on the inherently interdisciplinary field of children's rights. Chapters analyse each article of the Convention on the Rights of the Child, along with its Optional Protocols, providing contextualised information on the interpretation and implementation of the children's rights provisions therein. A detailed introduction examines the history of the Convention and places it within the wider landscape of human rights and other disciplinary approaches such as the sociology of childhood. The Commentary critically engages with the text of the Convention, exploring commonly used concepts and defining pertinent terminology. The authors draw on multiple perspectives and refer to disciplines outside of law to enrich the analysis of the articles, their interpretation and the study of children's rights as a discipline. Featuring examples of case law from regional human rights systems this Commentary provides a well-rounded insight into the status of children's rights on a global scale. Written in an accessible style, this Commentary will be a valuable reference work for students, researchers, practitioners and policymakers alike. The Commentary will be of great interest to those working within children's rights law and human rights law. Researchers in politics, sociology and international studies who are seeking further information and insight on the rights of children will also find this Commentary to be a useful point of reference.

Climate Change, Sustainable Development and Cleantech envisions both global cleantech development and international cleantech transfer as crucial means to address climate change and secure sustainable development for planet earth. The book examines what it takes to attract foreign cleantech and encourage domestic cleantech innovation. The author proposes a pathway for developing countries that includes international aid, mutually beneficial international cleantech cooperation and domestic cleantech innovation. Prior to becoming an academician, the author garnered over fifteen years' practical experience as a software engineer and attorney at law. The author has drawn on this experience to examine empirical analysis of factual data such as global R&D data, global patenting data, international surveys concerning cleantech transfer and domestic cleantech innovation and proposes effective solutions to address climate change and achieve sustainable development. This book's interdisciplinary and empirical-based analysis and recommendations will be most valuable to policymakers working in climate change, sustainable development, cleantech development or deployment, intellectual property and innovation policy.

This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law. Offering a critical understanding of the legal regulation of institutions in national legal systems, the book identifies distinct concepts of the law of obligations that emerge from them and explains their underlying motives. The author provides valuable insights into how differently basic legal institutions are regulated across national borders, as well as unveiling the roots of legal institutions of the utmost significance in international trade such as contracts, pre-contractual liability, liability for torts and restitution of unjust enrichment. This book will be a helpful resource for academics and practitioners involved in international litigation and arbitration proceedings concerning contracts, torts and other sources of obligations.

Discussing how intellectual property (IP) rights play a role in tackling the challenge of securing sustainable development, renowned scholars consider how the core objective of IP rights to promote innovation and development of new knowledge aligns with the UN Sustainable Development Goals (SDGs). This authoritative book provides an in-depth analysis of the multi-faceted interface between this core objective and the SDGs. Chapters analyse selected interrelations between IP law and other areas of law, including energy and financial law. Contributors explore the dimension of social development through timely examples such as the global solar photovoltaic market, the trend towards reusing and recycling, and the digital distribution of news services. This thought-provoking book argues for sustainable markets as an overreaching and contextual approach to the role of IP rights in tackling the challenges of the UN SDGs. Taking a market-based approach to IP rights and the SDGs, this engaging book will be of value to students and scholars of intellectual property and environmental law, as well as policymakers, practitioners and NGOs concerned with corporate social and environmental responsibility.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Presenting a concise, yet wide-ranging and contemporary overview of the field, this Advanced Introduction to Privacy Law focuses on how we arrived at our privacy laws, and how the law can deal with new and emerging challenges from digital technologies, social networks and public health crises. This illuminating and interdisciplinary book demonstrates how the history of privacy law has been one of constant adaptation to emerging challenges, illustrating the primacy of the right to privacy amidst a changing social and cultural landscape. Key features include: Incisive analysis of the meaning and value of privacy and the ways in which legal, social and economic institutions respond to our understanding of privacy in contemporary society A uniquely concise, contextual approach to privacy law, examining privacy as a constantly evolving social phenomenon and the legal implications of its mutability Historical and comparative insights into privacy and data protection laws across the common law world. This richly detailed book is an informative and thought-provoking resource for students, academics and practitioners of privacy and data protection law. Its interdisciplinary insights will also appeal to those working in legal history, media and cultural studies, economics and political science.

This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe. The book highlights the various options that have been explored in the past decades for the creation of a centralised and specialised European patent court. Chapters retrace the most developed proposals for the establishment of a patent court, assess their impact on judicial coherence and identify potential weaknesses and room for improvement. The UPC Agreement has a central role in this analysis as it is the most advanced proposal and is currently in its implementation phase. Providing a comparative analysis of the US and Japanese patent systems and identifying the potential for improvements, this timely book will be a valuable resource for scholars, students and policymakers in the fields of IP law, governance and political science.

The law of passing off protects traders from a form of misrepresentation that harms their goodwill, and consumers from the market distortion that may result. This carefully-crafted work seeks to delineate two intertwined aspects of goodwill: substantive and structural goodwill. It argues that the law of passing off should focus on protecting structural goodwill, and that this in turn allows traders' authentic voices to help shape the substantive goodwill to attract custom for them in the marketplace. The author clarifies the concept of 'goodwill', and examines this concept in the context of the common law jurisdictions of Australia, Canada, England and Wales as well as of relevant case law under 43(a)(1)(A) of the US Lanham Act. The book analyses the application of the law of passing off within the multi-directional social exchanges that traders, consumers and commentators engage in, as well as challenges the current consumer search costs theory that underpins the law of passing off and trademark laws. Providing a fresh look at this ever-changing aspect of law, this book will be key reading for legal scholars and students for its examination of inconsistencies in current law. Legal practitioners will also find this an invaluable resource as it considers the diverse application of the law.

This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a 'common good'. Featuring an excellent combination of contributions from leading experts, chapters offer insights into relevant cutting-edge issues that still remain unsettled. Divided into three main parts, it focuses on how IP can work as a tool for cultural heritage protection and, in particular, intangible cultural heritage, and discusses the politics and policies in this area, including whether such protection is fit for purpose. The final section explores special issues of intersection between the two, making it relevant to cultural heritage institutions such as museums, galleries, auction houses, libraries, and platforms, including issues of cultural heritage and IP management. Encompassing the latest developments and debates in the area, this Research Handbook will be key reading for academics, postgraduate students, and researchers in the fields of cultural heritage and art law, cultural heritage management, and intellectual property law. It will also be relevant for practitioners, policymakers, cultural heritage institutions, and content platforms.

Creativity has been integral to the development of the modern State, and yet it is becoming increasingly sidelined, especially as a result of the development of new machinic technologies including 3D printing. Arguing that inner creativity has been endangered by the rise of administrative regulation, James Griffin explores a number of reforms to ensure that upcoming regulations do take creativity into account. The State of Creativity examines how the State has become distanced from individual processes of creativity. This book investigates how the failure to incorporate creativity into administrative regulation is, in fact, adversely impacting the regulation of new technologies such as 3D and 4D printing and augmented reality, by focusing on issues concerning copyright and patents. This is an important read for intellectual property law scholars, as well as those studying computer science who wish to gain a more in-depth understanding of the current laws surrounding digital technologies such as 3D printing in our modern world. Legal practitioners wanting to remain abreast of developments surrounding 3D printing will also benefit from this book.

This incisive book examines the role of Intellectual Property (IP) as a complex adaptive system in innovation and the lifecycle of IP intensive assets. Discussing recent innovation trends, it places emphasis on how different forms of intellectual property law can facilitate these trends. Inventors and entrepreneurs are guided through the lifecycle of IP intensive assets that commercialise human creativity. Utilising a range of sector-specific, interdisciplinary and actor-focused approaches, each contribution offers suggestions on how Europe's capacity to foster innovation-based sustainable economic growth can be enhanced on a global scale. This comprehensive book addresses the role of IP in public-private partnerships and business transactions and further explores how IP law can uphold distributive justice in the innovation society. Chapters span a range of topics of great societal interest, including standard essential patent licensing in the Internet of Things, patent quality concerns under competition law and the role of market-driven and legislative solutions to online music licensing. Intellectual Property as a Complex Adaptive System will be a key resource for students and scholars of IP law, innovation and economics. It will also be vital reading for practitioners, knowledge-intensive industry representatives and innovation and technology transfer specialists.

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline. The essays in this 5th volume in the series come from authors who, after a lifelong engagement with various fields of intellectual property (including its socio-economic foundations), reflect on the events and processes that, in their scholarly experience, most significantly impacted on the great evolutionary trends in their particular fields. These reflections span a wide arc from the contradictory history of the regulation of employee inventions and works, to the status of intellectual property as market regulation under public international law; from the trajectories of trade mark protection in the European Union, to the paradigmatic changes copyright law has undergone as a result of technological change; from the influence of the human rights movement on perceptions of intellectual property, to the pendulum swings of patent protection in gene technology inventions; and finally, from the impact of the TRIPS Agreement and bilateral TRIPS plus agreements on IP in the pharmaceutical sector, to the continuing development of copyright for works of art and of the resale right in the PR China. With contributions from: Niklas Bruun, Thomas Cottier, Annette Kur, Hector L. MacQueen, Sam Ricketson, Dianne Nicol, Jayashree Watal, Zhou Lin

Written by expert scholars and practitioners, this unique Research Handbook presents the state of the art in research on, and the practice of, international design law. Combining cutting-edge research with a practical approach, it examines key trends and covers key cases, regional and national laws, as well as concepts of international design protection. In particular, the U.S. framework is compared with the regime of the EU, and issues relating to the Hague Agreement are also covered. Split across five thematic parts, this Research Handbook examines the foundations of, and methodological perspectives on, design law, the establishment and enforcement of protection, as well as many other critical issues, addressed from a transnational and comparative approach. Chapters consider protection of three-dimensional trade marks, graphical user interfaces, spare parts, protection of designs on the basis of use, priority issues under the Community design scheme, and cross-border copyright protection in Europe. Clear and accessible, the Research Handbook on Design Law will be of value to emerging and established scholars and students of international design law, while also being a key resource for practitioners and policy makers seeking to react and adapt to the rapid emergence of global developments.

Examining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK-EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property. Providing a detailed assessment of the continuing role of EU standards in the UK, Phillip Johnson highlights how the UK has played an active role in shaping EU intellectual property law and policy. He explores the extent to which the UK's "new" trade agreements are tied to existing EU law and how this will preserve those standards in the UK, and how this might been received both nationally and globally. An extensive range of critical issues is covered, including copyright, patents, designs, trade marks, border control and technology transfer as well as featuring a calendar of EU laws which are replicated in the UK's current free trade agreements. This authoritative book will be an important source of reference for academics and practitioners seeking to understand the role of intellectual property law in UK and EU free trade agreements, as well as scholars and students of intellectual property, trade laws, and European Law.

Owning the Masters provides the first in-depth history of sound recording copyright. It is this form of intellectual property that underpins the workings of the recording industry. Rather than being focused on the manufacture of goods, this industry is centred on the creation, exploitation and protection of rights. The development and control of these rights has not been straightforward. This book explores the lobbying activities of record companies: the principal creators, owners and defenders of sound recording copyright. It addresses the counter-activity of recording artists, in particular those who have fought against the legislative and contractual practices of record companies to claim these master rights for themselves. In addition, this book looks at the activities of the listening public, large numbers of whom have been labelled 'pirates' for trespassing on these rights. The public has played its own part in shaping copyright legislation. This is an essential subject for an understanding of the economic, artistic and political value of recorded sound.

This fresh and insightful Research Handbook delivers global perspectives on information law and governance, delving into principles of information law in the areas of trade secrecy, privacy, data protection and cybersecurity. Providing US, Japanese and European perspectives, this Research Handbook presents an overview of legal regimes concerning the protection of information, with a particular focus on trade secrecy protection. Top international contributors offer analyses of general principles of information law, rights in data, the tension between trade secrecy and the freedom of information and the cross-fertilisation between national and regional data protection regimes. Presenting an interdisciplinary and holistic approach to information law and governance, this innovative Research Handbook will be useful to those researching trade secrets, privacy and data security laws. The broad range of perspectives will also appeal to attorneys and information professionals who are engaged in information governance activities on behalf of their clients or employers.

This authoritative set of best practice guidelines has been comprehensively updated to cover all the changes since 2010 and includes two new chapters on forced marriage and alternative pathways to parenthood. Endorsed by the President of the Family Division, the Protocol is the standard by which members of the Law Society and Resolution are judged.The fourth edition of this indispensible book takes account of significant developments including:* changes to public funding in family law proceedings* private family law arrangements for children and parental involvement* new legislation on honour-based violence and forced marriage* alternative pathways to parenthood including adoption and surrogacy.Developed by the Law Society in association with Resolution and other leading organisations, interest groups and figures in the field, this is the go-to text for family law practitioners.

This comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law. Leading academic experts examine the most crucial building blocks of the regulation of employee IP, such as authorship, inventorship and creatorship, as well as individual, corporate and collective works. Chapters focus on US and European law, but also offer insights from Chinese, Japanese and Korean law. The Research Handbook also tackles new and developing global challenges in the field, including labour mobility, trade secrets, non-compete clauses, university employees, cross-border business matters, and choice of law issues. Scholars and students in both IP and labour law, and particularly those working at the intersection of these fields, will find this Research Handbook invaluable. It will also provide important insights for legislators, business practitioners and university management.

This timely book investigates the issue of counterfeit and falsified medicines (CFM) in the EU, identifying that this is a problem that lies at the intersection of three spheres of law - medicine, intellectual property (IP), and criminal law. The book highlights key issues such as infiltration of the legal supply chain and the involvement of organised crime, analysing relevant EU law and demonstrating the challenges of CFM. Using examples from several case studies, Vishv Priya Kohli reveals the gaps in the current legal framework, underlining the particular difficulties created by the interplay between different areas of law as well as the lack of criminal penalties. The author explores areas where improvements have already been made, in particular through the Falsified Medicines Directive, and articulates a number of recommendations to fill in the gaps, for example by harmonizing criminal law and building synergies within law enforcement. Counterfeit and Falsified Medicines in the EU will be of great interest to academics and students in IP, health and medical law, and criminal law in the EU. It will also prove valuable for practitioners and policymakers working in and with enforcement authorities in the EU, as well as those working in the medical field itself.

This forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights. Featuring contributions from leading scholars from across the globe, the book focuses on four main themes, beginning with an examination of reforms to fundamental aspects of IP. Part II explores the emergence of artificial intelligence and the data on which it relies, offering timely new thinking on the impact of this significant new aspect of IP. Chapters then discuss specific ideas for reform in relation to copyright and trademarks in Part III, and in respect of geographical names and indications in Part IV. This book will prove crucial reading for scholars and researchers of intellectual property, particularly those working on reform and the effects of technology. It will also be useful for policymakers seeking to understand the potential impacts of new policies and legislation.

Advocating a style of law and a role for legal agency which returns to its essential humanist ideology and represents public spiritedness, this unique book confronts the myths surrounding globalisation, advancing the role for law as a change agent unburdened from its current market functionality. Mark Findlay argues that law has a new and urgent relevance to confront the absence of resilience in self-determined market places, and to make coherent the anarchic forces which are running, and ruining the world. The inevitability of law's re-invention during global crises is considered, offering a critical evaluation of the future of legal agency, service delivery and access to justice. Chapters also engage with citizen-centric surveillance society to examine the dangers to personal data, individual integrity, and work-life quality from unregulated mass data sharing. Exciting and thought-provoking, this book will be critical reading for scholars and students in law, economics and governance interested in globalisation and crises, such as pandemics, as well as populist politics and anxiety governance.