Intellectual property (IP) has become one of the most influential and controversial issues in today's knowledge-based society. This challenging book exposes the reader to key issues at the heart of the public debate now taking place in the field of IP. It considers IP at the macro level where it affects many issues. These include: international trade policy, ownership of breakthrough technologies, foreign direct investment, innovation climates, public-private partnerships, competition rules and public health where it is strongly embedded in contemporary business decision making. Meir Pugatch has assembled an international and diverse cast of contributing authors, who offer new insights into a broad span of the most pressing IP-related issues. They shed light on the increasing dominance of IP in the design and execution of basic and applied research, the evaluation of intangible assets, and the protection and management of knowledge assets, underscoring its importance in relation to national economic development strategies and business strategies of knowledge-based industries and companies. The Intellectual Property Debate will appeal to scholars, practitioners, and government officials interested in the fields of international trade and intellectual property policy, intellectual property law, technology transfer and valuation, and international business.

This second volume contains further exploration of the themes considered in Volume 1, namely the theoretical framework of copyright, and the convergence, divergence and globalisation of copyright. New Directions in Copyright Law, Volume 2 offers valuable insights into developments in rights neighbouring on copyright, such as the EU database directive and television broadcast copyright. It also considers the protection of traditional knowledge - such as the legal protection of folklore, freedom of speech and communication channels. In addition the book investigates copyright and new technologies, taking examples from the music industry and from digital policing. Finally, the authors present views on the tension between corporate power and human rights in the context of copyright, questioning whether it is possible to strike a productive and meaningful balance. With contributions from leading copyright scholars and commentators from a diverse range of theoretical and disciplinary backgrounds, this book will be of interest to all those concerned with the problems plaguing the modern copyright system.

The Journey to Transform Local Government is about the challenges and opportunities for municipalities in South Africa as they journey towards delivering on the promise of developmental local government. It deals with various issues on the continuum of local government transformation in South Africa, for example, what does Sustainable Development Goal 11 mean for a municipality? Given that good governance is essential for success, are municipalities implementing anti-corruption policies and are the Municipal Public Accounts Committees functioning? How do we staff municipalities with professionals who see local government as their career of choice? And, given that our ageing infrastructure poses risks for the future, what should municipalities do to ensure proper maintenance? How do we manage the overlapping roles of traditional leaders and municipalities? Can traditional land use allocation and building practices co-exist with municipal planning and building regulations? And, when municipalities insist on town planning and building regulations, how does this affect local entrepreneurs? Lastly, how do we measure spatial transformation in practice? The authors grappling with these questions come from universities, government, civil society and the private sector. They fill the pages of this book with some of the latest research on local government, grounded in the reality of today's South Africa.

In modern markets innovation is at least as great a concern as price competition. The book discusses how antitrust policy and patent and copyright laws interact to create market dynamics that affect both competition and innovation. Antitrust and intellectual property policies for the most part are complementary, sharing common goals of promoting innovation and economic welfare. In some cases, however, their distinct approaches, one based on competition and the other on exclusion, come into conflict. As antitrust authorities focus increasingly on ensuring that firms do not interfere with innovation by rivals or impede the pace of technological progress in an industry, they necessarily must confront difficult questions about the strength and scope of intellectual property rights. When should private property rights give way to public competition objectives? When is it appropriate to remedy anticompetitive outcomes through access to protected intellectual property? How does antitrust enforcement or competition itself affect incentives to innovate? Leading economists and lawyers address these questions from both US and EU perspectives in discussing salient antitrust cases involving intellectual property rights such as Microsoft, Magill, Kodak, IMS and Intel. Offering a non-technical introduction to this major topic, this book will be of interest to those practitioners and legal and economic scholars who may only be aware of one side of the conflicting views on competition law and intellectual property law. It will also be of interest more generally to schools and universities of law in the EU and the US.

As Britain's leading comparative Family Law scholar, Jens Scherpe demonstrates his considerable knowledge and expertise in this, the final book, in the series on European Family Law. Drawing on the three earlier works in the series (of which he is the editor) Scherpe starts by convincingly arguing that there is such a thing as European Family Law and then examines the concept from different perspectives, namely, institutional and organic, and horizontal, vertical and individual European Family Law. He ends by speculating about future developments. Written in an easy-to-read yet not unchallenging style The Present and Future of European Family Law is a 'must read' for all those interested in Family Law particularly as the subject can no longer be sensibly studied purely from a domestic angle.' - N.V. Lowe, Cardiff University, UKThe Present and Future of European Family Law explores the essence of European family law - and what its future may be. It compares and analyzes existing laws and court decisions, identifies trends in legislation and jurisprudence, and also forecasts (and in some cases proposes) future developments. It establishes that while there is, at present, no comprehensive European family law, elements of an 'institutional European family law' have been created through decisions by the European Court on Human Rights and by the Court of Justice of the European Union as well as other EU instruments. At the same time an 'organic European family law' is beginning to emerge. The laws in many European jurisdictions have developed similarly and have 'grown together', not only as a result of the aforementioned institutional pressures, but also as a result of societal developments, and comparable reactions to medical and societal advances and changes. Hence there already is a body of institutional and organic European family law, and it will continue to grow. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.

As one of the most flexible of the intellectual property rights, copyright law is under constant pressure to adapt and expand in the face of new and sometimes unforeseen challenges and developments. This book is the first in an important new six volume series whose aim is to consider the purpose, role, function and future of the copyright system. The book, and indeed the series, comprises thoughtful, critical and often challenging contributions from an international, multidisciplinary network of scholars. It brings together perspectives on copyright from law, politics, economics, cultural studies and social theory in an effort to forge a truly coherent and meaningful agenda for the future of copyright. Volume 1 presents first a thorough re-examination of the underlying theoretical foundations of copyright law, engaging with such issues as the moral justifications for copyright, and the appropriateness of copyright in a globalised world. The book goes on to examine the convergence and divergence of intellectual property rights in the context of globalisation. Bold in its attempt to be original, this book should be read by anyone interested in the future of copyright, regardless of discipline, and in intellectual property more generally.

Presenting a selection of innovative research contributions written by some of the best-known academics in the field, The Economics of Copyright covers issues that are at the forefront of the implementation and management of copyright. The book touches on all aspects of copyright management including the effects of copyright piracy, optimal contractual arrangements between authors and publishers, copyright and antitrust issues, and collective management of copyright. This selection of papers not only shows how fruitful the study of copyright from an economic theory perspective has been, but they also clearly indicate the directions (and analytical tools) that will be of principal interest over the next few years, as research in this area flourishes. Both legal scholars specialising in intellectual property and applied economics scholars will find this book of importance, as will organisations dealing with the management and protection of intellectual property rights. The book will also be good reading for any advanced university course dealing with the economics of copyright.

This book represents a major innovation in the institutional analysis of cities and their planning, management and governance. Using concepts of transaction costs and property rights, the work shows systematically how urban order evolves as individuals co-operate in cities for mutual gain. Five kinds of urban order are examined, arising as co-operating individuals seek to reduce the costs of transacting with each other. These are organisational order (combinations of property rights), institutional order (rules and sanctions), proprietary order (fragmentation of property rights), spatial order and public domain order. Property Rights, Planning and Markets also offers an institutional interpretation of urban planning and management that challenges both the view that planning inevitably conflicts with freedom of contract and the view that its function is a means of correcting market failures. Real life examples from countries and regions around the world are used to illustrate the universal relevance of theoretical generalisations, which will be welcomed by a new generation of policymakers and students who take on a world view that goes beyond national boundaries.

Family Law in a European Perspective examines core aspects of family law from a comparative European perspective: marriage, divorce, cohabitation, same-sex relationships, the financial consequence of divorce, adoption, parentage and surrogacy, parental responsibility, the child's welfare, and law concerning older people. These topics have been the most debated in family law over the past century. They cover areas where national family laws have reacted, or will need to react, to the challenges of societal changes, medical advances and institutional pressures including decisions of the European Courts. The contributions show diversity in, as well as developments towards, a common European family law. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners. Contributors: M. Antokolskaia, P. Beaumont, I. Curry-Sumner, C. Fenton-Glynn, J. Ferrer-Riba, R. George, J. Herring, J. Miles, J.M. Scherpe, C. Soergjerd, K. Trimmings

When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions - WIPO and the WTO - in furthering such harmonization? This book explores these questions from a global welfarist, rationalist perspective. It grounds its analysis in innovation theory and a examination of patent law and prosecution, incorporating the uncertainty of patent law's impact on welfare at a detailed level, dynamic changes, the skewed nature of patent value and the difficulty of textually capturing patent concepts. Using tools from new institutional economics, it explores future design implications for international institutions, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analyses. Academics, students and practitioners interested in international economic law, specifically in respect of patents, innovation and intellectual property, the TRIPs Agreement, the WTO and WIPO will find this book essential. It will also prove insightful for researchers whose primary background is in international relations or international political economy, but are seeking an introduction to the patent and intellectual property field. Contents: Introduction Part I: Welfare-Enhancing Harmonization 1. Domestic Patent Law, Autarchic Analysis 2. The Value of Diversity: Relaxed Autarchy 3. Bases for Harmonization Part II: International Patent Law Institutions 4. History 5. International Patent Cooperation as Collective Action 6. Institutional Analysis: WIPO and the WTO Conclusions and Implications References

A New Framework for Intermediary Liability presents a step-by-step framework for determining when internet intermediaries ought to have a duty to act to prevent copyright infringement on their platforms and services. This timely book argues that intermediary liability for copyright infringement should be focused on an intermediary's actual responsibility for primary infringement and not simply its capacity to assist copyright owners in challenging infringement. Drawing on long-standing principles in the law of negligence, Kylie Pappalardo argues for a brand-new way to understand intermediary copyright liability and offers a means to distinguish innocent and responsible intermediaries at an early stage. Pappalardo reasons that a duty to act should only arise where the intermediary has causally contributed to the risk of infringement or where they have real and actual control over the actions of primary infringers. With astute consideration of the links between tort law and copyright, this book will be a compelling read for copyright scholars and researchers interested in intellectual property and technology law. Judges, lawyers and policymakers looking for guidance on how to define intermediary liability for copyright infringement will also find helpful direction in this book.

Creativity is crucial to the Information Age economy. It is the basis of production in the cultural industries. In this excellent book, Ruth Towse provides an analysis of the interaction between creativity, the law, and markets for cultural goods and services. Copyright law establishes property rights that create economic incentives to cultural production and Ruth Towse uses her analysis to draw conclusions about policy on copyright. This unique study is of interest to a range of disciplines in economics, law, cultural studies and management.

One of the major shortcomings of the current drug discovery and development process is the inability to bridge the gap between early stage discoveries and pre-clinical research to advance innovations beyond the discovery phase. This book examines a novel drug discovery and development model where the respective expertise of academia and industry are brought together to take promising discoveries through to proof of concept as a way to de-risk the drug discovery and development process. Expert author Helen Yu explores integrated drug discovery by analyzing the intersection of intellectual property law and competition law and discusses the role of stakeholders in efficient translation and commercialization of publically funded research. Considering the transactional risks associated with drug discovery and development, this book advocates for a greater emphasis on contractual freedom and economic efficiency when assessing collaborative partnerships between industry and public research organizations. This standout book bridges the gap between theoretical research and legal practice by providing a research-based applied perspective on university-industry collaborations in drug discovery and development. Achieving Proof of Concept in Drug Discovery and Development has an international appeal, especially in countries actively involved in drug discovery and development, such as the United States, the United Kingdom, Switzerland, Germany, Japan, India and China. Organizations and associations in the drug discovery and development field would likely be interested in reading a book that provides a research-based applied perspective as well.

Featuring expert contributors from around the world, this book offers insight into the vital theoretical and practical aspects of the economics of copyright. Topics discussed include fair use, performers' rights, copyright and trade, online music streaming, internet piracy, copyright and visual art markets, and open source publishing. In addition to in-depth coverage of these timely topics, the authors also offer insightful predictions and policy recommendations for the future.Each of the self-contained chapters is written by a distinguished expert and is pitched at a level designed to be accessible to advanced undergraduate and postgraduate students in economics and law. As a whole, the book covers all of the topical content that a student of copyright economics should know. Teachers and lecturers will find all the required material to provide a comprehensive overview of the subject in a single volume. For scholars with a legal background, the book will also act as an effective introduction or refresher in the economic theory underlying copyright. Contributors: D.S. Banerjee, W.J. Gordon, P.J.Heald, S.J. Liebowitz, S.E. Margolis, F. Mueller-Langer, E. Rosati, S.F. Schwemer, R. Towse, M. Waldman, R. Watt

What will European patent litigation look like in 10 years time? With the coming into force of seismic reforms, European Patent Litigation in the Shadow of the Unified Patent Court combines close analysis of the current regime with a novel use of qualitative survey data to assess the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect. Not long ago only scant data were publicly available on the subject of patent litigation in EU member states. Using recently published data, Luke McDonagh paints a detailed picture of the patent litigation system in the key European jurisdictions of the UK, Germany, France and the Netherlands. He then outlines the rationale for reform - the perceived need to provide a more efficient, cost effective, harmonious litigation system - as well as the structure of the key reformative innovations. Making use of evidence from within the business and legal communities, this book highlights the key issues concerning the new system and examines what the impact of the reforms is likely to be on Europe's patent litigation system in the near future. This illuminating book will be useful to scholars, including postgraduate students, practitioners and policy makers wishing to learn more about the future of patent litigation in Europe.

EVIDENCE AND PROCEDURES FOR BOUNDARY LOCATION THE UPDATED CLASSIC GUIDE TO LAND BOUNDARY LAW AND EVIDENCE DISCOVERY The revised Seventh Edition of Evidence and Procedures for Boundary Location serves as the seminal guide to the principles and concepts of land boundary law and evidence for accurately determining boundaries. Written by a team of noted authorities on the subject, the book presents the proven methods for the rediscovery of real property boundaries. Grounded in historical documentation, field investigation, and recreation of the original surveying methodology, the book contains the appropriate and legally defensible tools needed for the re-establishment of land boundaries. Thoroughly revised and updated, the classic text contains fresh examples of case law, the most recent developments in forensic investigation in the discovery of obscured evidence, as well as a new chapter on emerging technology used in boundary surveying. Designed for use by both working surveyors and aspiring professionals studying for the Fundamentals of Land Surveying licensure exam, this important book: Has been the leading guide to land boundary law and evidence for nearly 60 years Contains new case law examples and exhibits Offers expanded coverage on the use of forensic investigative techniques Presents a new chapter on the most recent surveying technology Written for practicing surveyors and students, the updated Seventh Edition of Evidence and Procedures for Boundary Location continues to offer an authoritative guide to the principles, laws, and latest developments in the field.

In the past, economists have not always been able to agree on the idea that copyright is an efficient way of protecting cultural intellectual property. Indeed, many economists argue that copyright is not even necessary. In Copyright and Economic Theory a rigorously extensive yet simplified economic theory of copyright piracy is presented, and used to analyse important aspects of intellectual property transactions including the royalty contract, optimal copyright law, and copyright collectives. The author also analyses important areas of discussion in copyright, such as how can it be that a certain degree of piracy is beneficial, not only socially, but also for copyright holders and producers of originals? Are linear royalty contracts optimal? How many copyright collectives should a given economy have? Would a copyright collective prefer to act as a leader or a follower in a Stackelberg duopoly? The book analyses and contrasts existing theories concerning the economic theory of copyright, and presents a simple economic model in which copyright can be effectively studied, considering all principal areas of interest in copyright. This book will be fascinating reading for academics in economics, law and industrial organisation as well as for legal professionals including lawyers, copyright collectives and relevant governmental organisations.

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. This second volume of Kritika, like the first, sees its contributors writing on core themes and concepts of intellectual property. The essays deal with the current limits of economic knowledge and approaches to intellectual property; China's approach to innovation and intellectual property; a functional and constructivist account of intellectual property rights; the evolution of the essential facilities doctrine, including in the Chinese context; the emergence of multi-layered IP protection for designed objects; the changing balance of the interests of trade mark proprietors, competitors and consumers; the interaction between place and non-agricultural geographical indications; and the trajectory of increased protection for intellectual property and some of its likely consequences. With contributions from: Giuseppe Colangelo; Vincenzo Di Cataldo; Susy Frankel; Johanna Gibson; Keith E. Maskus; Roberto Pardolesi; Thomas Riis; Jens Schovsbo; Ken Shao and Michel Vivant

This textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions. In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.

Sie sind bereits WohnungseigentA1/4mer - oder wollen es werden - und Ihre Rechte in der Gemeinschaft der WohnungseigentA1/4mer besser kennenlernen? Sie interessieren sich fA1/4r die in der EigentA1/4merversammlung oft intensiv diskutierten Themen zum Gebrauch, zur Instandhaltung oder der Jahresabrechnung in einer Wohnanlage? Der auf Wohnungseigentumsrecht spezialisierte Rechtsanwalt und Fachanwalt Dr. Ulrich Adam erklart Ihnen in diesem Buch alles, was Sie zu diesen komplizierten Fragen wissen sollten ? aber auch nicht mehr! Einfach, lesbar, verstandlich und humorvoll. Ganz so wie Sie sich das als EigentA1/4mer aus Anlass einer aktuellen Streitigkeit oder auch nur zwischendurch zur Information oder zum Nachlesen wA1/4nschen.

'This book guides us expertly through the controversial area of originality, a concept which lies at the very foundation of copyright law, but which has never before been analysed in any depth as a topic in its own right. Originality has however now become a hot topic, given the controversial recent case law of the EU Court of Justice on it, and the manner in which some national courts in the EU are seeking to apply it, which makes this book especially timely.' - Trevor Cook, Bird & Bird LLP, UK 'This text has been well drafted and documented, the legal analysis is sound and competent and the author manages to provide useful insights into UK and US law. She also manages to put her subject in perspective, taking into account the inevitable policy issues, which, however, could be extended to what the actual role of the court is in the much-debated EU copyright harmonisation. I strongly recommend reading this book.' - Irini Stamatoudi, European Intellectual Property Review Full harmonization of the copyright laws of EU Member States has long been a holy grail for copyright lawyers, but with the reality thus far being only limited harmonization resulting from ad-hoc legislative interventions, there are serious questions over the feasibility and indeed desirability of this goal. Notwithstanding, as this book makes eloquently clear, whilst legislative initiatives have been limited, the CJEU has been acting proactively, establishing through its decisional practice the de facto harmonization of an important principle of copyright: the originality requirement. Through an assessment of the originality requirement, this work guides the reader in interpreting judicial decisions which are of fundamental importance to current and future understanding of EU copyright. The book's holistic approach and methodology takes in analysis of; recent decisions of the CJEU in light of broader EU copyright reform debate; the implications of CJEU case law in Member States which have traditionally adopted different approaches to copyright (eg the UK); the originality requirement in EU, UK and continental Member States; recent UK decisions from an EU perspective; and academic copyright reform projects, both in Europe and the US. Originality in EU Copyright will appeal to academics, policymakers and EU officers, students, practitioners and in-house counsels. Contents: Foreword Table of Cases (in Chronological Order) Table of EU/EC/EEC Legislation (in Chronological Order) Table of EU/EC Policy Documents (in Chronological Order) Introduction 1. The Challenges of EU Copyright: 'United in Diversity' - Does it Work? 2. Originality as a Policy Tool: Shaping the Breadth of Protection 3. Originality in a Work, or a Work of Originality: The Effects of the Infopaq Decision 4. The CJEU Goes Ahead: The Decisions in Murphy, Painer, Football Dataco and SAS 5. Challenging the UK Understanding of Copyright: Originality and Subject-matter Categorization at the Forefront of the Debate 6. The Future of Copyright at the EU Level: The Shape of Harmonization Bibliography Index

This timely book provides the first legal and policy analysis of the intellectual property (IP) aspects of a rapidly-growing category of regulatory measures affecting the presentation and advertising of certain health-related goods. The key goods examined are tobacco, alcohol, food, and pharmaceuticals. Chapters focusing on both distinct policy areas and specific country examples serve to unearth the inherent tension emerging between these new measures as well as other categories of public health measures and IP regimes. This book discusses how to balance the legitimate interests of governments to promote human health and the protection and enforcement of IP rights. It also further explores how to amend IP regimes with a view to encouraging companies to produce and market healthier products. Comprehensive and engaging, this book will provide innovative research angles to academics and students in the areas of both health and IP law. Its wealth of examples and analytic style will also prove insightful to legal professionals who advise on issues related to IP and public health as well as policy makers, governments and NGOs. Contributors include: A. Alemanno, J. Blum, E. BonadioI, I. Calboli, I. Carreno, M. Chon, M. Davison, M. Elsmore, M.T. Fujiye, E. Laurenza, A. Marsoof, A. Mitchell, V. Vadi