Our modern insistence on democratic social values has engendered an intense debate over the intersection of fundamental rights and contract law. In particular, case law in several European national jurisdictions has exerted significant pressure on traditional contract law instruments to conform more transparently with the fundamental rights enshrined in the EC Charter. This pressure is clearly evident in a number of societal areas subject to contract law, among them employment, housing, and privacy. It can even be argued, as this author does, that fundamental rights intermediate between politics and law.Taking its cue from many initiatives toward the development of a more coherent, even harmonised, European contract law, this book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: To what extent do fundamental rights affect contract law? In which types of cases can fundamental rights be applied? What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation.Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively. For its reframing of old questions and its insightful delimitations of new ones, this book offers a fresh and deeply informed new perspective on this important area of developing law. The discussion, moreover, has received an additional impulse from the debate leading up to the recent agreement on a Reform Treaty regarding the institutional settlement of the Union, which will give a legally binding status to the Nice Charter. For these reasons and others, the book will be of great value to all interested parties in government, business, and legal practice.

The TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights), signed on April 15, 1994, introduced intellectual property protection into the World Trade Organization's multilateral trading system for the first time, and it remains the most comprehensive international agreement on intellectual property to date. A Neofederalist Vision of TRIPS by Graeme B. Dinwoodie and Rochelle C. Dreyfuss examines its interpretation, its impact on the creative environment, and its effect on national and international lawmaking. It propounds a vision of TRIPS as creating a neofederalist regime, one that will ensure the resilience of the international intellectual property system in time of rapid change. In this vision, WTO members retain considerable flexibility to tailor intellectual property law to their national priorities and to experiment with changes necessary to meet new technological and social challenges, but agree to operate within an international framework. This framework, while less powerful than the central administration of a federal government, comprises a series of substantive and procedural commitments that promote the coordination of both the present intellectual property system as well as future international intellectual property lawmaking. Part I demonstrates the centrality of state autonomy throughout the history of international negotiations over intellectual property. Part II, which looks at the present, analyzes the decisions of the WTO in intellectual property cases. It concludes that the WTO has been inattentive to the benefits of promoting cultural diversity, the values inherent in intellectual property, the rich fabric of its law and lore, the necessary balance between producers and users of knowledge goods, and the relationship between the law and the technological environment in which it must operate. Looking to the future, Part III develops a framework for integrating the increasingly fragmented international system and proposes the recognition of an international intellectual property acquis, a set of longstanding principles that have informed, and should continue to inform intellectual property lawmaking. The acquis would include both express and latent components of the international regime, put access-regarding guarantees such as user rights on a par with proprietary interests and enshrine the fundamental importance of national autonomy in the international system.

This book deals with adoption laws and practices in small island developing states in the Pacific. It commences with an introductory chapter giving an overview of relevant laws and practices and pulling together the common themes and issues raised in the book. Each of the following chapters deals with adoption law and practice in a small South Pacific country. The countries in question all have plural legal systems, with systems of adoption and its closest customary law equivalent operating side by side. In most cases, there is an insufficiently developed relationship between the two systems, which has resulted in a number of problems. Additionally, international law adds another layer of complexity. Size and remoteness in the small states under discussion have a profound impact on local practices.

Combines detailed coverage of the substantive law with support for development of the key skills of problem-solving, critical analysis and application of legal authority. Clear engaging writing style which encourages students and supports learning. Contemporary every-day examples provide context and help bring contract law to life. Technical and unfamiliar terms are defined at first use and listed in an end-of-chapter glossary. Assessment tips highlight opportunities to stand out from the crowd or avoid common mistakes and help students understand what examiners are looking for.

This book discusses patent legal issues regarding inventions in the field of biotechnology. The scope of a patent is of central concern, and since biotechnology is very different from other technologies, the requirements for disclosure and infringement are in focus. Eligibility issues are touched upon, although from more of an explanatory perspective, since the law is settled in this respect. The material for the analyses includes the European practices under the EPC, those of the United Kingdom, Germany, and the US. The mandated exclusions from patentability under the European patent laws of categories of plant and animal subject matter and certain biological processes are also analysed. Claim interpretation is the common theme. The challenge has been to present a comprehensive basis for grasping the substantive law for the field of biotechnology. The book examines thoroughly the differences between practices, and the consequences of those differences for the possibility of being granted a patent for an invention, and the infringement doctrines' effects for what might be called a patent's 'after-life', i.e. the scope of its protection. As for the exclusions from patentability in Europe, the study reveals an inherent inconsistency in article 53(b) EPC, warranting an adjusted and more patent-legal understanding of the concepts. The principal message emerging in this book is the importance of relying on the policy arguments of uniformity and predictability in order to preserve a fair balance between an inventor and third parties, since in reality much of the controversy in this field turns on proper protection.

Concentrating on international intellectual property law, this volume is a collection of works by current authors in the field. Their work is supplemented by numerous essays and notes prepared by the editors. The controlling provisions of the major treaties in the field are included in a comprehensive appendix. The editors have organized the book according to the theories underlying the protection of international intellectual property rights. For example, they have considered the historical and philosophical foundation of copyright protection in the context of the protection of culture and personality, while issues regarding compulsory licensing to ensure public use of certain forms of intellectual property have been illustrated by examples drawn from patent protection. The problem of "harmonization" is addressed through many diverse examples from intellectual property protection. And the closely-related field of the protection of cultural patrimony is also included.

As a 'Specialized Agency' of the UN, the World Intellectual Property Organization aims to be the premier global forum for intellectual property services, policy, information and cooperation. Whilst many individuals, firms, institutions and governments know and use WIPO services, the ways in which it functions, how priorities are set and decisions made are less well-understood. Indeed, a diversity of WIPO's stakeholders and member governments express frustration that WIPO's governance is not only complex but at times opaque.This practical guide offers a unique insight into how WIPO is governed, described in clear, readily accessible terms for policymakers, scholars and stakeholders. The guide reviews the origins of WIPO and sets out its current functions and activities, presenting a framework for analysing WIPO's complex governance system. The core of the text will improve the reader's understanding of WIPO in five thematic areas: - Legal foundations, mandate and purpose - Decision-making structures, processes and practices - Financial arrangements (such as income sources and the budget process) - Mechanisms for accountability and control of the Secretariat (such as policies on oversight, audit and evaluation) - Transparency and external relations. The text is accompanied by a number of valuable appendices, including key documents that have, to date, not been readily available to the public. Written by a leading WIPO commentator, The World Intellectual Property Organization (WIPO): A Reference Guide is the first comprehensive reference book to illuminate the nuts and bolts of WIPO governance. It will prove an invaluable and handy resource for those who interact with WIPO on any level, as well as to researchers seeking an introduction to how the organisation works.

This book focuses on database law (a branch of intellectual property law) and further explores the legal protection currently available for data and data-related products in India. It offers a comparative study of the position of copyright law in protecting databases in the US and EU, while also presenting responses from the Indian database industry and its aspirations regarding the role of copyright law in database protection. India is undoubtedly leading the way as a knowledge economy. Its strengths are its information technology capability and its knowledge society, as well as its booming database industry - aspects that also necessitate the study of the role of law, as well as the protection of data and databases, in India. This book examines the growing importance of copyright law for protecting databases as well as for ensuring access in information societies. The book concludes with a discussion of key principles to be kept in mind in the context of drafting legal regimes for databases in India that will both benefit the database industry and ensure accessibility.

Maximise your marks for every answer you write with Law Express Question and Answer. This series is designed to help you understand what examiners are looking for, focus on the question being asked and make your answers stand out. See how an expert crafts answers to up to 50 questions on Land Law. Discover how and why different elements of the answer relate to the question in accompanying Guidance. Plan answers quickly and effectively using Answer plans and Diagram plans. Gain higher marks with tips for advanced thinking in Make your answer stand out. Avoid common pitfalls with Don't be tempted to. Compare your responses using the Try it yourself answer guidance on the companion website. Practice answering questions and discover additional resources to support you in preparing for exams on the Companion website.

This work analyses the scope of copyright protection for computer software in the United Kingdom, and examines challenges for the future. The work presents the case for the adoption and application of infringement methodology, emanating from the courts in the United States, resulting in a narrower scope of protection than is presently argued for by many UK academics, practitioners and judges alike. The work makes a careful evaluation of the efficacy of the various prevailing tests for infringement of copyright in software and their progenies, suggesting an improved formula and advocating the utility, of limiting doctrines to assist in the determination of substantial similarity of particular non-literal software elements, user interfaces and screen display protection. The monograph also contains a detailed study of reverse engineering, copyright defences, permitted acts, database protection and the copyright-contract interface in the context of computer software, not omitting crucial discussions of the internet, digital dissemination and the impact of recent treaty, and legislative initiatives on British copyright law. As such it will be an important resource for practitioners, lecturers and students alike.

Landmark Cases in Land Law is the sixth volume in the Landmark Cases series of collected essays on leading cases (previous volumes in the series having covered Restitution, Contract, Tort, Equity and Family Law). The eleven cases in this volume cover the period 1834 to 2011, although, interestingly, no fewer than six of the cases were decided or reported in the 1980s. The names of the selected cases will be familiar to property lawyers. However, individually, the essays provide a reappraisal of the cases from a wide range of perspectives - focusing on their historical, social or theoretical context, highlighting previously neglected aspects and even questioning their perceived importance. Collectively, the essays explore several common themes that pervade the law of property - the numerus clausus principle, the conclusiveness of registration, the desirability of certainty in the law and the central question of the enforceability of interests through changes in ownership of land. This volume provides a collection of essays that will be of interest to academics, students and practitioners.

This work examines the scope of authors' rights in relation to the exploitation of their works by broadcasting, whether terrestrial or by satellite, cabling or over computer networks, in three important jurisdictions and under relevant international conventions. The analysis traces the gradual expansion of the various exclusive rights granted by copyright law in response to technological developments and puts them in their modern context, focusing on the overarching right of public performance or communication. The author argues that the advent of modern technologies, which recognize no national boundaries, necessitate the adoption of an internationally harmonized concept of "communication to the public" as the primary right applicable to the dissemination of copyright works in non-material form.

The book provides a broad and topical perspective of the sources of modern contract law. It examines the creation of contract law as a multi-pronged occurrence that involves diverse types of normative content and various actors. The book encompasses both a classical perspective on contract law as a state-created edifice and also delves into the setting of contractual rules by non-state actors. In so doing, the volume thoroughly analyses present-day developments to make sense of shifting attitudes towards the overall regulatory paradigm of contract law and those that reshape the classic view of the sources of contract law. The latter concerns, in particular, the digitalisation of markets and growing trends towards granularisation and personalisation of rules. The book builds on the EU private law perspective as its primary point of reference. At the same time, its reach goes far beyond this domain to include in-depth analysis from the vantage points of general contract theory and comparative analysis. In so doing, it pays particular attention to theoretical foundations of sources of contract law and values that underpin them. By adopting such diversified perspectives, the book attempts to provide for a better understanding of the nature and functions of present-day contract law by capturing the multitude of social and economic dynamics that shape its normative landscape. The volume gathers a unique and distinguished group of contributors from the EU, USA and Israel. They bring research experience from various areas of private law and contribute with diverse conceptual perspectives.

This book is about changing the way we do public administration. It is about the wielding of administrative discretion in the implementation of a constitutional power: eminent domain, taking private property for public use. Administrative Discretion in Action: A Narrative of Eminent Domain, emphasizes the normative, constitutional perspective of public administration to study administrators' decision-making process that balances economic, political, and community interests-often in that order. It is about facilitating dialogue between public officials and the public. This book is a tool for interested scholars, practitioners, students, and community members about the dynamic of administration of public affairs in a political context. Grounded in public administration theory, this book utilizes an in-depth, comprehensive analysis of the US Supreme Court's landmark 2005 decision in Kelo v. New London-from the perspective of public officials and community members in the state of Connecticut (home of Kelo case)-to share a balanced narrative.

This book considers the case for modernising partnership rights in EC family reunification law. Existing Community law traditionally guarantees immigration rights only to spouses and yet there is a growing diversity of national laws on same-sex marriage, registered partnerships and recognition of cohabitation. The Community institutions which have recently framed new legislation seem to view this as a question that can be settled by political agreement with little or no outside constraint. The book challenges this assumption. The book outlines recent developments in national legal systems and traces the development of the recent Community legislation. Then, drawing on basic ECHR principles, the place of the ECHR in Community law, and on basic Community law principles of free movement and discrimination the book argues that the right of a migrant EU Citizen to family reunification for a cohabiting partner is presumptively protected and therefore justification for refusing to admit such partners must be provided. It also considers the possible justifications for marriage-partners only immigration policies and concludes that although possible, such justifications are far from certain to succeed. The discussion also tackles the question of whether judicial activism is appropriate or whether there should be judicial deference to the legislative process recently completed. The book concludes with a wider discussion of the proper response of Community law to the increasing diversity of Member States family laws and policies beyond the field of immigration rights. The book will be of value not only to immigration lawyers, but also to those interested in partnership rights generally, as well as to a wider audience of EU lawyers, primarily academics but also graduate students and practitioners.

The long-awaited European Unitary Patent and Unified Patent Court will soon become a reality. Companies, research institutions, and individuals will be able to obtain not only a patent title with immediate effect in 25 EU Member States, but also a court decision on (for example) infringement or validity of a European or Unitary patent with effect in the participating Member States. Everybody involved in European patenting will find enormously welcome guidance in this extraordinary book. Written by two outstanding intellectual property experts - one being a lawyer who had a hand in the development of the unitary patent and the other being a reputed Belgian intellectual property judge - it describes in detail all the provisions regarding the new patent and the new court, explaining their rationales and the processes that led to them. Although the Rules of Procedure of the Unified Patent Court still need to be finalized and adopted by the Court, the authors already unravel the proposed Draft Rules of Procedure. The book uses flowcharts as well as plain words to represent each procedural stage of the Draft Rules of Procedure. In this way, a practitioner can focus on each distinct stage as required, while also gaining a comprehensive overview of the proceedings. The complex language issues arising throughout the proceedings are analysed in detail in a supplementary part.

Since its passage in 2011, the Leahy-Smith America Invents Act ("AIA") has brought many significant changes to U.S. patent law. Accordingly, to assist readers in developing an in-depth understanding of these changes, the America Invents Act Primer provides discussions of each and every one of the AIA's substantive provisions. More specifically, and whenever possible, each discussion of the AIA's provisions includes the following key features: An identification of the AIA section's effective date, including the statutory basis for such dates; A direct comparison of relevant pre- and post-AIA statutes; An analysis of the similarities and differences between pre- and post-AIA statutes; A discussion of the legislative goals that were addressed by the AIA section; and An analysis of the practical implications of the changes made by the AIA section. The America Invents Act Primer additionally highlights a number of free resources that can be utilized by readers to attain a deeper understanding of the AIA, including resources that explain how the U.S. Patent and Trademark Office is applying the new law. Overall, the America Invents Act Primer provides a unique and practical desk reference on the AIA that is sure to be useful for years to come.

Intellectual Property Rights in a Networked World is a collection of recent essays offering some fresh perspectives on the scope and future of intellectual property rights. The tripartite division of the book is designed to make this interdisciplinary topic more accessible and intelligible to readers of diverse backgrounds. Part I consists of a single essay that provides a broad overview of the main themes in intellectual property scholarship, such as normative intellectual property theory and the legal infrastructure for property protection. The second section of the book presents several essays that are intended to deepen the reader's understanding of intellectual property theory and show how it can help us to grapple with the proper allocation of property rights in cyberspace. And the final section further develops the themes in Part II but in greater detail and with a more practical orientation. For the most part, the essays in this section illustrate the costs and benefits of applying property rights to cyberspace. While intellectual property rights create dynamic incentive effects, they also entail social costs, and they are sometimes in tension with the development of a robust public domain.

Taking the invention as its object of study, this book develops a radical new perspective on the making of modern patent law. It develops an extended historical and conceptual exploration of the invention in modern patent law. Focussing primarily on the figures that make inventions material, and on how to overcome the intangibility of ideas, this intellectual challenging book makes explicit a dimension of patent law that is not commonly found in traditional commentaries, treatises and cases. The story is told from the perspective of the material media in which the intangible form of the invention is made visible; namely, models, texts, drawings, and biological specimens. This approach brings to light for the first time some essential formative moments in the history of patent law. For example, Figures of Invention describes the central role that scale models played in the making of nineteenth-century patent jurisprudence, the largely mythical character of the nineteenth-century theory that patents texts should function as a means of disclosing inventions, and the profound conceptual changes that emerged from debates as to how to represent and disclose the first biological inventions. At the same time, this historical inquiry also reveals the basic conceptual architecture of modern patent law. The story of how inventions were represented is also the story of the formation of the modern concept of invention, or of the historical processes that shaped the terms in which patent lawyers still apprehend the intangible form of the invention. Although the analysis focuses on the history of patent law in the United States, it develops themes that illuminate the evolution of patent regimes in Europe. In combining close historical analysis with broad thematic reflection, Figures of Invention makes a distinctive contribution both to the field of patent law scholarship and to emerging interdisciplinary debates about the constitution of patent law and of intellectual property in general.

'The Handbook brings together a unique collection of world renowned experts providing detailed discussion in every chapter. The brilliance of this collective work is found in its broad two dimensional focus - beyond patents to all key IP assets on the one hand, and country specific discussion for key regions around the world on the other. . . Whether read cover-to-cover as a compilation of current best practice or used as a true reference guide, the Research Handbook on Intellectual Property Licensing is a must have for anyone seeking to capture value from intangible assets.' - From the foreword by James E. MalackowskiThe Research Handbook on Intellectual Property Licensing explores the complexities of intellectual property licensing law from a comparative perspective through the opinions of leading experts. This major research tool analyses the features of specific types of licensing agreements and also addresses other practical issues which apply across different types of licensing transactions, such as the treatment of licensing in bankruptcy and the use of arbitration for solving licensing disputes. The Handbook ultimately provides a scholarly contribution to the development of global intellectual property licensing policies. Including transversal and comparative analysis, this Handbook will appeal to intellectual property licensing practitioners, lawyers and intellectual property and contract law academics. Contributors: M. Anderson, P. Beyer, L. Brennan, P. de Miguel Asensio, J. de Werra, F. Dessemontet, J. Dodd, J.C. Ginsburg, H. Goddar, R.W. Gomulkiewicz, R.A. Hillman, J. Hull, N. Krishnamurthy, R.T. Nimmer, M.A. O'Rourke, M. Reutter, A. Strowel, S. Teramoto, B. Vanbrabant, N. Wilkof, H. Xue

Patent rights depend on many interpretive elements, including even the patent's subject matter and the question of who owns the right. Such elements lead to varying legal approaches in different countries and, since it is in the nature of inventions to be international, knowledge of patent law in a variety of national jurisdictions is an indispensable asset for patent lawyers and their clients. This book provides that essential knowledge as it relates to the patent laws of Japan together with English translations of main provisions of the Patent Law. It provides a systematic and concise analysis of theoretical issues and information of practical usefulness (such as examination guidelines of the Japanese Patent Office) as well as analysis of important case law. With detailed attention to both substantive and procedural law, the author's thorough exposition covers such features of Japanese patent law as the following: requirements for patentability; provisions for invention by employee; assignment of invention before application; application of foreign language documents; limitation on effect of patents; effects of bukken (right in rem) and saiken (person-to-person claim); procedure before the Patent Office; civil remedies for infringement of patents; case law interpreting "negligence"; measures for recovery of damage to reputation; establishment of security interests; administrative law suit procedure; appellate review; and, procedure before Japan's Intellectual Property High Court. "The Essentials of Japanese Patent Law" clearly explains the way in which patents may be registered and protected under Japanese law, and will be of inestimable value to counsel for inventors and enterprises everywhere. No patent lawyers or other intellectual property professionals will want to be without it.

This volume take the reader through the legal and accounting principles that govern the valuation of assets. A crucial problem for legal, accounting, banking and venture capital professionals, it is also important to owners and managers of IP assets.

"Softwars: The Legal Battles for Control of the Global Software Industry" explains why the future of the computer industry depends on the nature and extent of intellectual property protection for the software that controls computer hardware. The softwars it discusses are the confrontations taking place in the courtroom, in the legislative chambers and in professional symposia around the world in which the scope of intellectual property protection for computer software is being debated and, in some cases, determined. In a highly readable and entertaining series of essays, the author explains the influences of clones, hackers, vendors of proprietary systems, vendors of open systems, software patents, copyrights and trade secrets on the evolution of the industry. No other book to date has provided either as lucid a description of the major litigation involving software protection or as cogent an analysis of the economic and strategic consequences of that litigation.

"SoftwarS" is divided into five parts, each consisting of two or more essays. In Part I, the author discusses the nature of computer programs and the history of intellectual property protection for computer programs. Part II deals with the look and feel issue; it explains what constitutes infringement of rights in screen displays and other aspects of user interfaces, and the importance of the issue. Part III concerns the practice known as reverse engineering of software; who does it, why, and what the legal and economic consequences are. In Part IV, the reader is led to the boundaries of the legal debate, where the limits of the law are being tested. Part V is the author's conclusion and prognostications for the future of the computer industry and the law. Anyone interested in the intersection of law and technology, and particularly those involved in the computer industry, will find Softwars valuable and compelling reading.