This book is an essential tool for understanding the range of IP investment strategies - and how companies unlock value and profit from it. It provides a valuable tutorial for businesspeople, entrepreneurs, analysts, and dealmakers seeking better to understand, with clear examples, the components of different IP categories and their value-creating applications.

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's Principles of European Contract Law, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The Principles of European Law are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany) and Staempfli Publishers Ltd. (Switzerland).

Macroprudential policy focuses on the financial system as a whole, as distinct from individual institutions, and its objective is to limit the costs to the real economy from system-wide distress of the financial sector. This book offers a critical, contextual and comparative examination of the nature of macroprudential policy as an emerging legal domain. It explores why macroprudential policy is necessary and how best to design tailored legal, institutional and governance frameworks that support the various supervisory stages in macroprudential regimes. Questions addressed relate to the design of the macroprudential mandate and institutional structures, independence, transparency and accountability arrangements, the nature and limitations of macroprudential authorities' supervisory powers, as well as the challenges that are likely to be encountered during the generation, collection and analysis of data and the use of macroprudential tools. The book extends well beyond being a 'one-stop-shop' introduction on all aspects of macroprudential policy. It digs deeper and does the heavy lifting by analysing the unique features of macroprudential policy that set it apart from other policy areas; examining the pulling (and at times, contradicting) forces which affect it and surfacing its complex and evolutionary nature and the unique challenges confronting macroprudential authorities. In order to derive and capture the theoretical foundations of macroprudential policy and support the high-level suggestions made on how to operationalise it, the book draws on established scholarships from international law as well as theories developed in the Organisational Behaviour field. It presents and explains the law within the context of the most recent empirical research in economics, including research on the prevalent governance structure of macroprudential policy, its interaction with other policy areas and the effectiveness of macroprudential tools. The normative discussion in the book is also grounded in practical specificities through detailed critical analysis of macroprudential policy frameworks at the national level (UK and US), regional level (EU) and global level (FSB, IMF and BIS).

A groundbreaking account of the early history of rent control Written by one of the country's foremost urban historians, The Great Rent Wars tells the fascinating but little-known story of the battles between landlords and tenants in the nation's largest city from 1917 through 1929. These conflicts were triggered by the post-war housing shortage, which prompted landlords to raise rents, drove tenants to go on rent strikes, and spurred the state legislature, a conservative body dominated by upstate Republicans, to impose rent control in New York, a radical and unprecedented step that transformed landlord-tenant relations. The Great Rent Wars traces the tumultuous history of rent control in New York from its inception to its expiration as it unfolded in New York, Albany, and Washington, D.C. At the heart of this story are such memorable figures as Al Smith, Fiorello H. La Guardia, and Oliver Wendell Holmes, as well as a host of tenants, landlords, judges, and politicians who have long been forgotten. Fogelson also explores the heated debates over landlord-tenant law, housing policy, and other issues that are as controversial today as they were a century ago.

A tension lies at the heart of family law. Expressed in the language of rights and duties, it seeks to impose enforceable obligations on individuals linked to each other by ties that are usually regarded as based on love or blood. Taking a contextual approach that draws on history, sociology and social policy as well as law and legal theory, this book examines the concept of obligation as it has been developed in family law and the difficulties the law has had in translating it from a theoretical and ideological concept into the basis of enforceable actions and duties. Increasingly, the idea of commitment has been offered as the key organising principle for the recognition of family relationships, often as a means of rebutting claims that family ties are becoming attenuated, but the meaning and scope of this concept have not been explored. The book traces how the notion of commitment is understood and how far it has come to be used as a rationale for imposing the core legal obligations which underpin care and caring within families.

This new book provides a comprehensive overview of the topic of patent claim interpretation in the UK and in three other select jurisdictions. It explores territory that has great commercial significance and yet is severely under-explored in existing works. The twin issues of the function of patent law and interpretational analysis of the scope of protection have been recently reconsidered by the House of Lords, and this work not only reviews their recent cases but also looks at how the US, German and Japanese patent systems deal with the complex problems presented in this area. The book provides a balanced approach between practical, academic and theoretical approaches to claim interpretation. In doing so it provides more than a simple case analysis, as it enables the reader to consider the shape that the law should take rather than simply recounting the current position. Its novelty therefore lies in bringing the theoretical elements of the discussion together with the view of the profession charged with creating the patent documentation in the first place and then viewing this in the light of the detailed comparative studies. It is only by considering all of these elements that we begin to see a pathway for the development of the law in this area. This is a work that will be an important source of reference for academics and practitioners working in the field of patent law. Shortlisted for the 2008 Young Authors Inner Temple Book Prize

In this book leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the chapters consider broad issues such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing and the indirect effects of changes in tort law. Other chapters engage more specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analysing causation, accessory liability in tort law, the role of malice in intentional torts and the role of statutes in tort law. They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability. The chapters in this book were originally presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges and scholars across the common law world.

The Lawyers' Guide to Personal Injury Law is an instructional textbook for attorneys who want to become experts in the field of negligence law. The book provides a comprehensive analysis of the law in a multitude of areas within the field, including the various types of construction accidents, motor vehicle accidents, premises accidents, and more. The Lawyers' Guide to Personal Injury Law also provides a detailed roadmap - from intake through trial - to successfully litigating each of these claims and, ultimately, maximizing monetary compensation for accident victims and their families.

This book gives a detailed account of the current state of the law concerning good faith in contractual performance in Australia, through an empirical study on its reception and development across the various Australian jurisdictions. In Australia, good faith received wide attention after Priestly J introduced in his obiter comments in Renard Construction (ME) v Minister for Works (1992) 26 NSWLR 234.This book focuses on the attitude of the judges to good faith, the definition of good faith, and the possibility of legislating a good faith obligation in Australian contract law. This book also discusses the issues surrounding its development, its meaning, and acceptance at the international level.The empirical legal research adopted in this book will offer a significant contribution in understanding the concept of good faith in Australia from the empirical perspective.

Winner of the second SLS Peter Birks Prize for Outstanding Legal Scholarship 2010. Fiduciary Loyalty presents a comprehensive analysis of the nature and function of fiduciary duties. The concept of loyalty, which lies at the heart of fiduciary doctrine, is a form of protection which is designed to enhance the likelihood of due performance of non-fiduciary duties, by seeking to avoid influences or temptations that may distract the fiduciary from providing such proper performance. In developing this position, the book takes the novel approach of putting to one side the difficult question of when fiduciary duties arise in order to focus attention instead on what fiduciary duties do when they are owed. The issue of when fiduciary duties arise can then be returned to, and considered more profitably, once a clear view has emerged of the function that such duties perform. The analysis advanced in the book has both practical and theoretical implications for understanding fiduciary doctrine. For example, it provides a sound conceptual footing for understanding the relationship between fiduciary and non-fiduciary duties, highlighting the practical importance of analysing both forms of duties carefully when considering fiduciary claims. Further, it explains a number of tenets within fiduciary doctrine, such as the proscriptive nature of fiduciary duties and the need to obtain the principal's fully informed consent in order to avoid fiduciary liability. Understanding the relationship between fiduciary and non-fiduciary duties also provides a solid foundation for addressing issues concerning compensatory remedies for their breach and potential defences such as contributory fault. The distinctive purpose that fiduciary duties serve also provides a firm theoretical basis for maintaining their separation from other forms of civil obligation, such as those that arise under the law of contracts and of torts.

2013 was the 50th anniversary of the House of Lords' landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five of the most important jurisdictions in which the case has been received (the United Kingdom, the United States, New Zealand, Canada and Australia) to reappraise its implications from a number of complementary perspectives-historical, theoretical, conceptual, doctrinal and comparative. It explores modern developments in the law of misstatement in each of the jurisdictions; examines the case's profound effects on the conceptual apparatus of the law of negligence more generally; explores the intersections between misstatement liabilities in contract, tort, equity and under statutory consumer protection provisions; and critically assesses the ways in which advisor liabilities have come to be limited and distributed under systems of 'joint and several' and 'proportionate' liability respectively. Inspired by Hedley Byrne, the purpose of the collection is to reflect on the case's echoes, effects and analogues throughout the private law and to provide a platform for thinking about the ways in which liabilities for misstatement and pure economic loss should be modelled in the modern day.

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 unique collection of essays, written by leading practitioners, policy makers and academics, looks at patterns of landlord and tenant law: past, present and future. Each sector is explored - commercial, long residential, housing, and agricultural - by taking a look backwards and forwards. The chapters explore the role that legislative, judicial, and policy developments, and market forces have played, and will continue to play, in shaping the law. Two chapters are devoted to the seminal case of Street v Mountford and its contemporary significance. A comparison is also made with the position in Australia and the United States. The book provides a scholarly reflection on the principles of leasehold law that will be of interest to practitioners, academics, and students of landlord and tenant law.

The Foundations to Tort Law in European legal systems differ considerably. Until recently, there has been no attempt to harmonize the entire field of Tort Law in a consistent and comprehensive manner. A group of Tort Law experts, the European group on Tort Law, is currently engaged in systematically researching the most fundamental questions underlying the various tort law systems. The result of their work is this important series of books, which is intended as a contribution to a common law of Europe. In the present volume, the authors provide an overview of fault, traditionally considered the most important and most general prerequisite to, and the basis of, liability and its main criterion of imputation. It thus complements the two volumes on "Strict Liability and Liability for Damage Caused by Others" (vol. 6 and 7 of the present series), which have set forth the two other important reasons or principles by which liability is justified. The notion of fault is examined under both its philosophical and functional aspects, an approach which additionally reveals the evolution of this concept from a traditionally subjective to a modern and objectivised understanding. These divergences are reflected in the different legal systems, as demonstrated by an analysis of actual cases. Furthermore, this volume contains an appreciation of the role of fault from the perspective of the Economic Analysis of Law, as well as a comparative report which attempts to describe the most important elements identified by the individual country reports and to draw some conclusions in view of the harmonisation of fault-based liability and its relation with the other bases of liability. In summary, this volume shows the common grounds of liability based on fault in the various legal systems under examination, whilst concurrently providing the academic and the practitioner with the fundamental issues of this type of liability in the countries covered.

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

In all major industrialised countries, copyright law has fundamentally changed in the last 15 years due to the digital age, the TRIPS Agreement and the WIPO Copyright Treaties. Japan is no exception, and both legislation and case law have been most active within this period of time. "Copyright Law in Japan" contains up-to date information on such difficult issues as the new distribution right for copyrighted works, frictions between private and public interest, provisions on anti-circumvention devices, contributory infringement in a digital and non-digital environment, calculation of damages in copyright infringement cases, the fundamentals of moral rights protection, and the work quality of video games. The book is written by a number of leading Japanese and Max Planck academics, and Japanese practitioners, and thus combines practical knowledge with academic standards. The book contains the following chapters: Copyright History; General Introduction; Protected Works; Copyright Ownership; Moral Rights; Economic Rights and Limitations; Copyright Contract Law; Neighbouring Rights; and The Enforcement of Copyrights. The book is a must for all copyright owners concerned about their rights in Japan, and for private practitioners counselling their clients on potential strategies of marketing copyright material and enforcing copyrights in the Japanese market.

After an extended period in which the European Community has merely nibbled at the edges of national contract law, the bite of a 'European contract law' has lately become more pronounced. Many areas of law, from competition and consumer law to gender equality law, are now the subject of determined efforts at harmonisation, though they are perhaps often seen as peripheral to mainstream commercial contract law. Despite continuing doubts about the constitutional competence of the Commission to embark on further harmonisation in this area, European contract law is now taking shape with the Commission prompting a debate about what it might attempt. A central aspect of this book is the report of a remarkable survey carried out by the Oxford Institute of European and Comparative Law in collaboration with Clifford Chance, which sought the views of European businesses about the advantages and disadvantages of further harmonisation. The final report of this survey brings much needed empirical data to a debate that has thus far lacked clear evidence of this sort. The survey is embedded in a range of original and up-to-date essays by leading European contract scholars reviewing recent developments, questioning progress so far and suggesting areas where further analysis and research will be required

This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right. Key features include: the first book to focus on jurisdiction strategies in intellectual property litigation coverage of intellectual property and private international law analysis of the latest case law of national courts and the European Court of Justice including, Case C-523/10, Wintersteiger and Case C-360/12, Coty Prestige helpful diagrams and tables providing easy access to key information and decision points a state-of-the-art overview of the relevant legal framework, including the Unified Patent Court Jurisdiction and the new European Union Trademark Regulation. Intellectual Property Jurisdiction Strategies is an essential resource for intellectual property practitioners throughout the EU. It will also appeal to advanced students and academics needing an up-to-date reference for research into intellectual property law and policy.

This book constitutes a fascinating and in-depth analysis of the significance of the requirement of industrial application within gene patenting and how this influences innovation in Europe and the US. The author addresses an area normally overlooked in biotechnology patenting due to the predominance of the ethical debate and, in doing so, produces a unique approach to dealing with concerns in this field. Patenting Genes: The Requirement of Industrial Application is the result of extensive research into the legal history of the industrial application requirement as well as exploration of the broad range of decisions on DNA patentability. This requirement has taken a prominent role within DNA patenting decisions in Europe since the 1998 Biotech Directive, which Dr Diaz Pozo argues has worked efficiently to control claims to human gene sequences and encouraged progress in genetic research. A broad selection of decisions on the patentability of DNA in both European Union and US courts is discussed, emphasizing the mirroring of the European approach in US cases. Academics and students of patent law and biotechnology innovation, as well as policy formulators, will find this book of great interest and value. Activists and practitioners interested in the patentability of human gene inventions in Europe and the US will also benefit from this original work.

More so than in any other form of forensic evaluation, mental health professionals who conduct parenting plan evaluations must have an understanding of the most current evidence in the areas of child development, optimal parenting plans across various populations, behavioral psychology, family violence, and legal issues to inform their opinions. In addition, family law judges and legal professionals require the best available evidence to support their decisions and positions. Parenting Plan Evaluations has become the go-to source for the most current empirical evidence in the field of child custody disputes. Fully updated in this Second Edition, the volume continues its focus on translating and implementing research associated with the most important topics within the family court. It presents an organized and in-depth analysis of the latest research and offers specific recommendations for applying these findings to the issues in child custody disputes. Written by international experts in the field, chapters cover the most important and complex issues that arise in family court, such as attachment and overnight timesharing with very young children, co-parenting children with chronic medical conditions and developmental disorders, domestic violence during separation and divorce, alienation, gay and lesbian co-parents, and relocation, among others. This volume assists forensic mental health professionals to proffer empirically based opinions, conclusions, and recommendations and assists family law judges and attorneys in evaluating the reliability of the information provided to the courts by mental health professionals in their reports and testimony. Not just for forensic evaluators, Parenting Plan Evaluations is a must-read for legal practitioners, family law judges and attorneys, and other professionals seeking to understand more about the science behind parenting plan evaluations.