This book examines the interconnections between artificial intelligence, data governance and private law rules with a comparative focus on selected jurisdictions in the Asia-Pacific region. The chapters discuss the myriad challenges of translating and adapting theory, doctrines and concepts to practice in the Asia-Pacific region given their differing circumstances, challenges and national interests. The contributors are legal experts from the UK, Israel, Korea, and Singapore with extensive academic and practical experience. The essays in this collection cover a wide range of topics, including data protection and governance, data trusts, information fiduciaries, medical AI, the regulation of autonomous vehicles, the use of blockchain technology in land administration, the regulation of digital assets and contract formation issues arising from AI applications. The book will be of interest to members of the judiciary, policy makers and academics who specialise in AI, data governance and/or private law or who work at the intersection of these three areas, as well as legal technologists and practising lawyers in the Asia-Pacific, the UK and the US.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.

This accessible and innovative textbook adopts a practical, transactions-centered approach to contract law by using contract clauses to explain doctrinal concepts. While reading this book, students will gain a working knowledge of important contract provisions and learn how to use contracts to prevent problems, reduce risks, and add value to transactions. This textbook contains unique features including reflection prompts, case highlights, and ''applying what you learned'' exercises to reinforce learning and help students gain essential transactional skills. Law professor and contracts expert Nancy Kim focuses on litigation prevention with a problem-solving approach. She offers helpful tips to avoid potential pitfalls in drafting contracts and provides explanations for common contract clauses and their meanings. Access to a digital teacher's manual is available upon purchase of the book. The Fundamentals of Contract Law and Clauses will be an invaluable resource for both law and business students, specifically in contracts, commercial law, business law and other transactions-oriented classes. Contents: PART I INTRODUCTION PART II A ROADMAP TO A CONTRACT 1. The Purpose of a Contract and Contract Clauses 2. The Anatomy of a Contract 3. A Very Brief Overview of Contract Law PART III CONTRACT CLAUSES AND CONTRACT DOCTRINE 4. Common Contract Clauses Involving Contract Formation 5. Contract Clauses and Contract Enforceability 6. Contract Clauses and Issues Related to Performance and Breach 7. Contract Clauses and Parties Other Than the Original Parties to the Contract 8. Contract Clauses Addressing Remedies Index

This Research Handbook explores issues related to the principle of exhaustion of intellectual property rights. To date, the application of this principle continues to vary from country to country, and there is increasing pressure to clarify the extent of its application both at the national level and in the context of international trade with respect to parallel imports. Notably, from the Americas to the European Union, Asia-Pacific, and Africa, courts and policy makers are asking similar questions: Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the 'Internet of things' redefined the concept of exhaustion in cyberspace? The goal of this book is to explore these questions. The book also highlights how a one-size answer may not fit all the current challenges that the courts and policy makers are facing in this area. This Research Handbook will be of interest to academics, judges and other practitioners looking for an in-depth study on the topic, offering both of detailed analysis of the current state of play, and a discussion of the challenges that arise on a global scale. Contributors include: F.M. Abbott, I. Calboli, V. Chiappetta, A.G. Chronopoulos, C.M. Correa, J.I. Correa, J. Drexl, S. Frankel, D.J. Gervais, S. Ghosh, C. Heath, R.M. Hilty, A. Katz, B. Kim, M. LaFrance, E. Lee, Y.J. Liebesman, K.-C. Liu, N.-L.W. Loon, S.M. Maniatis, K.E. Maskus, P.-E. Moyse, Y. Pai, A. Perzanowski, J.H. Reichmann, J.A. Rothchild, J. Schultz, C.M. Stothers, M. Trimble, M.S. Van Houweling, S.R. Wasserman Rajec, G. Westkamp, B. Wilson, C. Yin, X. Yu

Reconciling Copyright with Cumulative Creativity: The Third Paradigm examines the long history of creativity, from cave art to digital remix, in order to demonstrate a consistent disparity between the traditional cumulative mechanics of creativity and modern copyright policies. From Platonic mimesis to Shakespeare's 'borrowed feathers', culture was produced under a paradigm in which imitation, plagiarism, and social authorship formed key elements of the creative moment (the 1st paradigm). However, the cumulative nature of creativity is rarely accounted for in modern copyright policies, which build upon a post-Romantic individualistic view emphasizing absolute originality rather than imitation (the 2nd paradigm). Today, in an era of networked mass collaboration and user-based creativity, the enclosure of knowledge brought about by an ever-expanding copyright paradigm seems archaic, and a deliberate defiance of inevitable cultural evolution. Giancarlo Frosio calls for returning creativity to an inclusive rather than exclusive process, so that the 1st and 2nd creative paradigms can be reconciled into an emerging third paradigm. This ground-breaking work will appeal to those interested in both the history and future of creativity and copyright.

'A refreshing and thought-provoking addition to IP scholarship, Booton offers an analysis of the rule-standard tension that lies within IP law. With its sweep of key issues in copyright, patent and trade mark laws (and the role played by equity in this area) he offers a new perspective on familiar material. The book ultimately explores the hypothesis that rules relate to certainty and securing claims while standards constrain the scope of rights and facilitate public access.' - Hazel Carty, University of Manchester, UK Form in Intellectual Property Law sets out to expose, analyse and evaluate conflicting conceptions of legal judgement that operate in intellectual property (IP) law. Its central theme is the opposition between law-making through creation of general rules and law-making at the point of application through case-by-case decisions. sing examples drawn from statutory and common law materials, the book offers a critical analysis of the factors that influence the form of legal directions in IP law. Through an exploration of form, the work provides insights into how the law balances the interests of rights owners and users and, more broadly, how it serves the public interest. These insights provide a basis for the evaluation of the contemporary economic and ethical justifications that are commonly advanced in support of IP law. This book provides an original perspective on the significance of form in the law and will appeal to both academics and advanced students of IP law, as well as those interested in the law-making process, especially judicial decision-making and the exercise of judicial discretion.

Irene Calboli and Jacques de Werra have put together a comprehensive look at trademark transactions throughout the world. Essential reading for specialists in international trademark law and for anyone who wants to understand more about laws other than their own.' - Mark A. Lemley, William H. Neukom Professor, Stanford Law School, US'Commercial transactions involving trademarks, especially across borders, have received scant in-depth attention in law literature. With insights from the emerging markets of Brazil, China and India to the EU and USA via Australia and Japan, this book deals with the multifarious aspects. The reader will finish it not only with their knowledge greatly enhanced but convinced that, at least in this field, the world most certainly is not flat.' - David Llewelyn, Singapore Management University and King's College London, UK 'An incisive, must-have book for every practitioner or scholar who is serious about trademark transactions. The key areas of this crucial subject are compellingly unpacked by famous authors from around the globe in a user-friendly format. Outstanding scholarship and presentation.' - Frederick Mostert, University of Oxford, UK and Past President of the International Trademark Association The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: - A comprehensive overview of legal and policy-related issues - A blend of approaches underpinning strategic considerations with analytical rigour - Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions - Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field. Contributors: L. Anderson, N. Binctin, G. Buhler, R. Burrell, I. Calboli, C. Czychowski, L. Dal Molin, R.P. D'Souza, D.J. Gervais, S. Ghosh, J.C. Ginsburg, H. Guo, M. Handler, M. Hoepperger, R. Jacob, S.H.S. Leong, C. Manara, J.-F. Maraia, R. Mittal, X.-T. Nguyen, A. Nordemann, M. Senftleben, S. Teramoto, J.C. Vaz e Dias, J. de Werra, N. Wilkof, D. Yokomizo

The Research Handbook on EU Tort Law critically examines tort liability arising from EU law. It brings together for the first time different elements of EU tort law to provide a comprehensive overview of the institutional liability of the EU, member state liability and liability arising from a variety of EU legislation. Contributors are experts in their field and range from the UK and Ireland to France, Germany, the Netherlands and Hungary. The impact of EU tort law on national legal systems is wide-ranging. It extends to areas as diverse as consumer law, competition law, data protection law, employment law, insurance law and financial services law. The Research Handbook provides a detailed analysis of these areas of law and considers the extent to which we can now identify an emerging European culture of tort law. It further analyzes the impact of proposals to harmonise European tort law and considers the impact of Brexit on EU tort law. The Research Handbook offers an authoritative reference point for academics, students and practitioners studying or working in EU law, private law and comparative law. Comprehensive and informative, it is also accessible for those approaching the subject for the first time. Contributors include: J. Blackie, J. Davey, M. Faure, P. Giliker, M.-P. Granger, K. Gutman, J. Knetsch, D. Leczykiewicz, M. Martin-Casals, J. Mulder, L. Niglia, O. Odudu, C. Riefa, S. Saintier, A. Sanchez-Graells, K. Stanton, M. Stauch, F. White

The legal issues surrounding the online distribution of content have recently gained prominence due to the European Commission's commitment to the Digital Single Market (DSM). This book is one of the first to provide highly topical analysis of the key legal challenges surrounding the online distribution of content, with particular focus on intellectual property rights, competition law and the regulation of new technologies. Central to the book is the question of whether the Commission's proposed legislative solutions will lead to a more coherent, or more fragmented, legal framework at both EU and member state level. Experts within the field assess how current legislation can be effectively applied and look ahead to examine how potential issues raised by emerging technologies, and the need to develop the online content market beyond the DSM proposal, can be anticipated and addressed. Providing a well-rounded view of the subject, this book will be of interest to scholars working within copyright, competition, and consumer law as well as those researching the development of the internal market more widely. Practising lawyers and in-house counsel who work on licensing and distribution agreements within Europe will also benefit from the analysis of new DSM legislation and associated case studies. Contributors include: A. Alen-Savikko, R.M. Ballardini, M.C. Gamito, K. Havu, K. He, O. Honkkila, M. Kivistoe, T. Knapstad, G. Mazziotti, D. Mendis, P. Mezei, V. Moscon, M. Oker-Blom, T. Pihlajarinne, T. Roos, J. Vesala, K. Weckstroem Lindroos

At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.

Oscar Wilde had one of literary history's most explosive love affairs with Lord Alfred "Bosie" Douglas. In 1895, Bosie's father, the Marquess of Queensberry, delivered a note to the Albemarle Club addressed to "Oscar Wilde posing as sodomite." With Bosie's encouragement, Wilde sued the Marquess for libel. He not only lost but he was tried twice for "gross indecency" and sent to prison with two years' hard labor. With this publication of the uncensored trial transcripts, readers can for the first time in more than a century hear Wilde at his most articulate and brilliant. The Real Trial of Oscar Wilde documents an alarmingly swift fall from grace; it is also a supremely moving testament to the right to live, work, and love as one's heart dictates.

Engaging and innovative, User Generated Law offers a new perspective on the study of intellectual property law. Shifting research away from the study of statutory law, contributions from leading scholars explore why and how self-regulation of intellectual property rights in a knowledge society emerges and develops. Analyzing examples of self-regulation in the intellectual property law-based industries such as collective management of copyrights and patent rights, open source licenses, domain name law and enforcement of intellectual property rights, this book evaluates to what extent user generated law is an accurate model for explaining and understanding this process. It also considers its interaction with the framework conditions of the statutory law upon which it is built and the subsequent redefinition of legal positions for affected parties. With its original stance on understanding and construing intellectual property law, User Generated Law will appeal to students and scholars studying in this area as well as in legal governance and legal theory. Its evaluative approach also lends itself to policy makers and practitioners. Contributors include: O. Kokoulina, B. Lundqvist, M.J. Madison, T. Minssen, C.S. Petersen, T. Riis, O.-A. Rognstad, J. Schovsbo, S.F. Schwemer, H. Udsen, E. van Zimmeren

This volume thoroughly covers and systematically displays the three main areas of intellectual property law - patents, trade marks and copyright - without leaving other rights of the intellectual property family aside, as it also explores geographical indications, industrial designs, trade secrets and databases. The book offers a full and complete picture of European intellectual property law, discussing the treatment of intrinsic issues on harmonization, transborder disputes, collectiveness and individualization in the different fields of intellectual property law. With an original introduction by the editor, this book has been carefully designed to offer law students as well as practitioners a valuable instrument to understand contemporary intellectual property law within the EU.

The music business is a multifaceted, transnational industry that operates within complex and rapidly changing political, economic, cultural and technological contexts. The mode and manner of how music is created, obtained, consumed and exploited is evolving rapidly. It is based on relationships that can be both complimentary and at times confrontational, and around roles that interact, overlap and sometimes merge, reflecting the competing and coinciding interests of creative artists and music industry professionals. It falls to music law and legal practice to provide the underpinning framework to enable these complex relationships to flourish, to provide a means to resolve disputes, and to facilitate commerce in a challenging and dynamic business environment. The Present and Future of Music Law presents thirteen case studies written by experts in their fields, examining a range of key topics at the points where music law and the post-digital music industry intersect, offering a timely exploration of the current landscape and insights into the future shape of the interface between music business and music law.

This is a practical and comprehensive guide to making a claim under the government's tariff based scheme for compensating victims of violent crime. This new edition uniquely pulls together, in one handy volume, the original 1996 tariff based scheme, the 2001 scheme, the 2008 scheme and the tribunal rules that accompany it, as well as the latest 2012 scheme. Divided into three sections - eligibility, assessment of compensation, and the procedural aspects of the scheme - this text provides a one-stop source of information for all those practising in this field. Considered the definitive book on the subject, its key features include: * commentary on all the recent judicial review decisions * detailed guidance on the approach of the authority and the First Tier Tribunal to some of the more difficult issues of interpretation of the schemes * specific guidance on the approach to and calculation of an applicants' losses * detailed summaries of relevant case law * practical advice on preparing, obtaining evidence for and presenting claims * detailed reference to the procedural rules, practice directions and the Guides to each Scheme. This is essential reading for practitioners looking to improve their applicants' chances of receiving the appropriate compensation.

This research review, made possible by the recent convergence of intellectual property and private international law as critical disciplines, explores the most important papers on these now linked subjects. More and more issues of private international law arise in the area of intellectual property, and the articles selected chart the route that both disciplines have covered together, discussing both bridges built and 'dead-ends' reached. Looking forward also to the future of the subject, Professor Paul Torremans' Intellectual Property and Private International Law will prove to be an essential research tool for all students, academics and practitioners working in this fast-developing area.

In an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Cafe de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge.The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use. This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource. Contributors include: E. Barham, D. Barjolle, L. Berard, D.S. Gangjee, D. Gervais, M. Geuze, B. Goebel, M. Groeschl, M. Handler, C. Heath, D. Marie-Vivien, J.M.C. Martin, P. Mukhopadhyay, D. Rangnekar, B. Sherman, A. Stanziani, S. Stern, A. Taubman, L. Wiseman, H. Zheng