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.

'This is the best industry-focussed legal textbook I've seen. Rosie covers a lot of ground and navigates complex areas of law in plain English. The book is accessible, well-structured and highly relevant.' - James Sweeting, Senior IP Counsel, Superdry PLC 'A refreshingly insightful overview of the legal challenges and opportunities facing fashion businesses operating today in Europe. It condenses vast realms of information into digestible and practical summaries, all written in a modern and commercial voice that enthuses passion for this fabulous industry.' - Head of Legal, Online Fashion Business, UK European Fashion Law: A Practical Guide from Start-up to Global Success provides an accessible guide to the legal issues associated with running a fashion business in Europe. This concise book follows the lifecycle of a fashion business from protecting initial designs through to global expansion. Readers will benefit from: The logical and easy-to-follow structure which highlights relevant legal considerations at each stage in the development of a fashion business First-hand, practical guidance on commercial issues associated with the fashion industry, including: how to avoid costly legal disputes, launching a website and working with third parties Advice on how to protect a company's intellectual property at each stage of business development: from registering designs to combating counterfeits A concise overview of relevant EU legislation and case law as it applies in practice. This inherently practical book will be a helpful go-to guide for those running a fashion business and for their in-house legal teams. For lawyers in practice the book will be useful point of reference when advising fashion and retail clients. For students of fashion, design, retail, or intellectual property, this book will provide a practical grounding to accompany academic studies.

This fully updated book offers a compact and accessible account of EU intellectual property law and policy. The digital age brings many opportunities, but also presents continuing challenges to IP law as the EU's programme of harmonisation unfolds. As well as addressing the main IP rights (copyright, patents, designs, trade marks and related rights), the book also considers IP's relationship with the EU's rules on free movement of goods and competition, as well as examining the enforcement of IP rights. Taking account of numerous changes, this timely second edition covers the substantive provisions and procedures which apply throughout the EU, making extensive reference to the case law. The author considers how the exploitation of intellectual property is increasingly global; harmonisation, in contrast, is only partial, even at the EU level. In response, the book sets EU IP law in its wider international context. It also seeks to highlight policy issues and arguments of relevance to the EU, in its relations both within the Union and with the rest of the world. Designed as a compact and approachable account of these difficult and technical areas, and with advice on further reading and research, this unique book is useful both as a work of reference and for more general study. It is essential reading for postgraduate students, academic researchers and legal practitioners alike.

This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action. Promoting a 'learning-by-doing' approach to comparative contract law and comparative methodology, this unique guide to European and international contract law is marked out by the following features: A comparative perspective on highly topical, real-life issues of contract law; Materials from some 30 jurisdictions in both their original languages and in high quality translations, with information on smaller and medium-sized jurisdictions further diversified; An opportunity for students to solve scenarios according to the laws of different jurisdictions, to compare and evaluate the solutions and approaches they identify, and to better understand the diverse approaches to modern contract law; NEW! Concise introductions to the history of each country and its private law system, informing readers about the key data before they are invited to work with material from that jurisdiction; NEW! A chapter on 'contractual penalty clauses', a frequent occurrence in contractual practice; NEW! Full integration of the Chinese Civil Code which entered into force in 2021. Essential reading for all students of comparative contract law and methodology, thi the s third edition remains a vital teaching and learning resource, and a practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law.

Analyzing sex offense laws and false claims, this book shows that laws based on vengeance rather than justice or evidence create new forms of harm while failing to address the real and pervasive problem of sexual violence. In this timely and extensively researched book, sociologist Emily Horowitz shows how current sex offense policies in the United States create new forms of harm and prevent those who have caused harm from the process of constructive repentance or contributing to society after punishment. Horowitz also illustrates the failure of criminal justice responses to social problems. Sharing detailed narratives from the experiences of those on registries and their loved ones, Horowitz reveals the social impact and cycle of violence that results from dehumanizing and banishing those who have already been held accountable. From Rage to Reason offers a new perspective on how and why false claims about sex offenses became so pervasive and how these myths fostered ineffective policies that have little to do with the reality of most sexual abuse. It argues that to truly prevent sexual abuse, we must unearth the sources of these misunderstandings, debunk these claims in a systematic way, and have frank and genuine discussions about the limits of legal responses to complex social problems. Analyzes the human impact of retributive justice Assesses the indirect harm caused by sex offense policies Offers new insight into the lived experiences of those convicted of sex offenses Considers how sex offense laws and regulations create new forms of violence Critiques the extent to which social problems can be addressed via the criminal justice system

Lord Justice Jackson's retirement in March 2018 concluded a career of almost 20 years on the bench. His judicial career has seen a remarkable transformation of construction law, construction law litigation and the litigation landscape more generally. Drawing the Threads Together is a Festschrift which considers many of the important developments in these areas during the Jackson era. The Festschrift discusses most of the leading construction cases decided by Lord Justice Jackson, with subject matter including statutory adjudication, fitness for purpose obligations, consideration, delays and extensions of time, liquidated damages, time bar provisions, the prevention principle, neighbour rights, limitation clauses, negligence, good faith, bonds and guarantees and concurrent duties of care. It also includes a discussion of the background to the Jackson Review of Civil Litigation Costs (2009-2010) and its impact on litigation, as well as considering the development of the Technology and Construction Court during and subsequent to Mr Justice Jackson's tenure as judge in charge of that court.

The regulation and flow of information continues to have a critical impact upon how people live their lives and the way society functions. In recent times, disinformation and privacy violation have become the 'information pollution' of the 21st century. This book explores ways and means of protecting the 'information environment' by drawing upon four theories of contemporary environmentalism: welfare economics, the commons, ecology, and public choice theory. Welfare economics highlights the need to focus on costs (as well as benefits) when evaluating regulatory structures. The commons encourages queries about the validity of propertisation. Ecology speaks to the importance of diversity and resilience. And public choice theory hazards against the regulatory effect of concentrated interests. The lessons from each inspire the proposed information environmental governance framework. By neatly capturing the metaphorical relationship between the physical environment and the information environment, Robert Cunningham explores progressive regulatory pathways for the digital age. This book will be a thought-provoking read for scholars and students with an interest in intellectual property or the regulation of information.

Knowledge commons facilitate voluntary private interactions in markets and societies. These shared pools of knowledge consist of intellectual and legal infrastructures that both enable and constrain private initiatives. This volume brings together theoretical and empirical approaches that develop and apply the Governing Knowledge Commons framework to the evolution of various kinds of shared knowledge structures that underpin exchanges of goods, services, and ideas. Chapters offer vivid and illuminating case studies that illustrate this conceptual framework. How did pooling scientific knowledge enable the Industrial Revolution? How do social networks underpin the credit system enabling the Agra footwear market? How did the market category Scotch whisky emerge and who has access to it? What is the potential of blockchain-ledgers as shared knowledge repositories? This volume demonstrates the importance of shared knowledge in modern society.

For the average person, genetic testing has two very different faces. The rise of genetic testing is often promoted as the democratization of genetics by enabling individuals to gain insights into their unique makeup. At the same time, many have raised concerns that genetic testing and sequencing reveal intensely personal and private information. As these technologies become increasingly available as consumer products, the ethical, legal, and regulatory challenges presented by genomics are ever looming. Assembling multidisciplinary experts, this volume evaluates the different models used to deliver consumer genetics and considers a number of key questions: How should we mediate privacy and other ethical concerns around genetic databases? Does aggregating data from genetic testing turn people into products by commercializing their data? How might this data reduce or exacerbate existing healthcare disparities? Contributing authors also provide guidance on protecting consumer privacy and safety while promoting innovation.

Unrecognized in the United States and resisted in many wealthy, industrialized nations, children's rights to participation and self-determination are easily disregarded in the name of protection. In literature, the needs of children are often obscured by protectionist narratives, which redirect attention to parents by mythologizing the supposed innocence, victimization, and vulnerability of children rather than potential agency. In Perils of Protection: Shipwrecks, Orphans, and Children's Rights, author Susan Honeyman traces how the best of intentions to protect children can nonetheless hurt them when leaving them unprepared to act on their own behalf. Honeyman utilizes literary parallels and discursive analysis to highlight the unchecked protectionism that has left minors increasingly isolated in dwindling social units and vulnerable to multiple injustices made possible by eroded or unrecognized participatory rights. Each chapter centers on a perilous pattern in a different context: ""women and children first"" rescue hierarchies, geographic restriction, abandonment, censorship, and illness. Analysis from adventures real and fictionalized will offer the reader high jinx and heroism at sea, the rush of risk, finding new families, resisting censorship through discovering shared political identity, and breaking the pretenses of sentimentality.

This important research review considers the seminal legal articles in property law and its subtopics published during the 20th and 21st centuries. The coverage is broad, as comprehensive as possible, ranging from theoretical to practical and doctrinal. The authors of the pieces under discussion are primarily American and all stand as leading figures in their respective fields. The text places its focus on topics of current interest, including economic and non-economic theories of property, the takings problem, and the reform of the law of land-use servitudes.

The world of intellectual property (patents, trade marks, copyrights, et cetera) is becoming increasingly international. More and more frequently, disputes about intellectual property have an international character. This inevitably raises questions of private international law: which national court is competent to adjudicate an international dispute of this kind? And which national law should be applied to an international case of this kind? Since the 1990s, the first question in particular has attracted attention; in recent years, the focus has shifted to the second question: which national law is applicable? Opinions differ widely on this matter today. The controversy focuses on the question whether the Berne Convention and the Paris Convention, the two most important treaties on intellectual property, contain a rule that designates the applicable law. In other words: do these treaties contain a 'conflict-of-law rule' as it is called? This question, which concerns nearly all countries in the world, is nowadays considered to be 'heftig umstritten' (fiercely contested) and 'tres difficile' (very difficult). And that is where we come across something strange: today it may be fiercely contested whether these treaties contain a conflict-of-law rule, but in the past, for the nineteenth-century authors of these treaties, it was perfectly self-evident that these treaties contain a conflict-of-law rule, namely in the 'principle of national treatment' as it is called. How is that possible? These are the fundamental questions at the heart of this book: does the principle of national treatment in the Berne Convention and the Paris Convention contain a conflict-of-law rule? And if so, why do we no longer understand this conflict-of-law rule today? This book is an English translation of Sierd J. Schaafsma's groundbreaking book, which appeared in Dutch in 2009 (now updated with the most significant case law and legislation). Key features include: provides deep insight into the current state of affairs in international intellectual property law extensive and groundbreaking analysis of the principle of national treatment in the Berne Convention and the Paris Convention detailed and authoritative explanation of the intersection of the conflicts of law and intellectual property law.

Principles of the Law of Sale and Lease sets out concisely the general principles relating to these specific contracts.

Written by experts in the field, the third edition will assist practitioners and law students alike to understand and apply the law relating to these specific contracts.

The book is organised in two parts, integrating the common-law principles as well as the recently introduced consumer protectionist statutory provisions on sale and lease.

Contents Include:

Sale
- Definition of Contract of Sale
- Sources of Law of Sale
- Contract of Sale and Transfer of Rights in Property Sold
- Requirements for a Valid Sale Contract
- Seller’s and Buyer’s Rights and Obligations
- Pre-Contractual Obligations
- Formalities, Content and Interpretation
- Seller’s and Buyer’s Residual and Statutory Obligations
- Particular Contracts of Sale

Lease
- Introduction
- Sources of Law
- Definition and Essentials of a Lease
- Duties of the Lessor
- Duties of the Lessee
- Subletting, Cession and Assignment
- Transfer of the Lessor’s Title: Huur Gaat Voor Koop
- Termination of a Lease
- Lessee’s Right to Compensation for Improvements
- Residential Lease and the Rental Housing Act 50 of 1999