Concerted efforts to enforce global intellectual property rights (IPR) continue to focus intensely on the developing countries of East Asia, and China in particular. These efforts have spawned a complex system of legal mechanisms that is still very much in process of evolution, encompassing international and regional conventions, WTO dispute settlements, bilateral and plurilateral treaties, decisions of national courts and regulatory bodies, and a welter of local laws and border controls. This hugely useful book provides more detail than will be found in any other source on the current state of all these measures and their interactions and trends, especially as they affect East Asian markets for IPR-protected products. It gathers together fourteen thoroughly researched essays by internationally-known practitioners and academics with specialties in Asian intellectual property law. In the course of their interlinked analyses they discuss such aspects as the following:; estimates of the negative impact of counterfeiting and piracy on businesses, competition, employment, consumer protection, state revenue, and foreign investment; transnational effects of IP enforcement laws of the EU, Japan, the UK, and other developed countries; enforcement provisions in Free Trade Agreements negotiated between Asian developing countries and the United States, the EU, and Japan; potential impact of the newly-released Anti-Counterfeiting Trade Agreement (ACTA); civil forfeiture vs. criminal proceedings; copyright enforcement provisions in the digital environment; counterfeit medicines and the involvement of organized crime;; interests of developing countries (for example in traditional knowledge); receiving and recovery orders; Internet service provider (ISP) liability; and impact of broad enforcement provisions on innovation and emerging creative industries. Although wide-reaching in its overall presentation, the book also deals with numerous particular applications in Cambodia, Indonesia, Brunei, Laos, Myanmar, Malaysia, The Philippines, Singapore, Thailand, Vietnam, Australia, China, and Japan. Lawyers seeking a secure foothold from which to proceed in cases of piracy, infringement, or counterfeiting will welcome this informative and up-to-date analysis and commentary. It will prove especially valuable as an early indicator of changes likely to come about as ACTA takes effect.

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.

Although recent family law debates have been predominantly paedo-centric, the founding of "bio-medically assisted families" still focuses on the individual parents' rights to reproduce. By introducing donations, the donor's genetic contribution becomes instrumental and the legal attribution of parenthood negotiated through expressed intentions. The absence of a genetic, social and legal father can only occur in single women's conceptions by choice, hence calling into question the role of the societal father.This neglects the future child's voice in private and family life issues on at least two levels: informational (lacking information about origins, often related to personal identity) and legal and functional (care provided by both parents). It furthermore emphasises the inconsistency in the treatment of "naturally" and "artificially" conceived children since the latter have restricted access to parental judicial proceedings.The conflicts between individuals in the family go beyond national family laws and become a matter of reconciling progenitors' and children's human rights. Yet the discrepancies between different civil law jurisdictions are remarkable. In addition, the sensitivity of the filiation of children conceived by sperm donation to single women requires more than legal solutions it requires an interdisciplinary approach encompassing ethics, psychology, anthropology and sociology. Moreover, by arguing and suggesting solutions the issue also becomes political. Hence, this book provokes the curious minds of lawyers, ethicists, physicians, bio-technologists and those assisting and wishing to found families. It clarifies concepts, studies the rationale behind the legal complexity in ten national European jurisdictions, and confronts the rights and responsibilities of the stakeholders, providing a balanced independent conclusion and suggestions towards international harmonisation.

This volume provides an authoritative, evenhanded overview of the Trump administration's family separation and child detention policies at the U.S.-Mexico border-and the impact of those policies and actions on children, their parents, border security, and U.S. politics. The 21st Century Turning Points series is a one-stop resource for understanding the people and events changing America today. Each volume provides readers with a clear, authoritative, and unbiased understanding of a single issue or event that is driving national debate about our nation's leaders, institutions, values, and priorities. This particular volume is devoted to the issue of child migrant detention on the U.S.-Mexico border. It provides background information on the political, social, and economic forces driving undocumented immigration into America; explains the policies and records of both the Obama and Trump administrations on immigration, deportation, and border security; summarizes current laws and regulations governing U.S. border and immigration policies; recounts President Trump's rhetoric and record on both legal and "illegal" immigration, including his promise to build a "Border Wall" with funds from Mexico; surveys living conditions in the border detention centers operated by U.S. authorities; and discusses the impact of detention and family separation on children taken into custody. Entries devoted to specific events and milestones Biographical profiles of important activists and figures Essays that explore the lasting impact of child detention on migrant children, their families, immigration trends, and American politics and society Annotated bibliography of sources for further study

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.

Balancing a child's welfare interests and rights so as to ensure recognition and respect for his or her autonomous identity, while facilitating family unity, has become a major challenge for modern family law. This book, following on from The Principle of the Welfare of the Child: A History, examines, contrasts, and compares the response of England and Wales and Ireland to that challenge. It does so by applying the same matrix of indicators to explore, in each country, the distinction between welfare interests and rights and to trace changes in the balance between them. By profiling the nations in accordance with the same indicators, it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children.

The Estates Gazette Law Reports are an indispensable reference for property law practitioners researching and advising on all aspects of landlord & tenant law, valuation, professional negligence, conveyancing, real property, leasehold enfranchisement and compensation.
Published over three volumes each year and edited by HH Judge Hazel Marshall QC, they conveniently summarise key current property cases.

This book considers how a phenomenon as complex as coercive control can be criminalised. The recognition and ensuing criminalisation of coercive control in the UK and Ireland has been the focus of considerable international attention. It has generated complex questions about the "best" way to criminalise domestic abuse. This work reviews recent domestic abuse criminal law reform in the UK and Ireland. In particular, it defines coercive control and explains why using traditional criminal law approaches to prosecute it does not work. Laws passed in England and Wales versus Scotland represent two different approaches to translating coercive control into a criminal offence. This volume explains how and why the jurisdictions have taken different approaches and examines the advantages and disadvantages of each. As jurisdictions around the world review what steps need to be taken to improve national criminal justice responses to domestic abuse, the question of what works, and why, at the intersection of domestic abuse and the criminal law has never been more important. As such, the book will be a vital resource for lawyers, policy-makers and activists with an interest in domestic abuse law reform.

John Martin's previous work Commercial Traps: 50 Traps for the Unwary provided an often-praised clarity that enabled practitioners to focus quickly on the nitty-gritty of a problem without having to read background material. This new book extends that principle. The book focuses on a number of topics that commonly arise in the drafting and negotiating of a commercial lease. Topics are dealt with at varying levels of detail: in the case of Assignment, for instance, only the tests that a landlord might seek to impose in a lease that is a new tenancy are covered. When it comes to Break Rights, on the other hand, greater depth is provided.

The explosive economic development in China over the last three decades has created social challenges unprecedented in the country's history. In response, China has overhauled its existing tort laws and even created new tort laws. By exploring its principles, theories and history, this book provides international readers a fresh outlook on China's tort law system. Granted that some concepts or theories in China's modern tort laws were "borrowed" from the west, the principles behind them can nevertheless often find their roots in ancient Chinese philosophies, concepts or even laws. This book also uses real cases to explain the courts' application of China's tort laws and the meaning of the corresponding statutes.

Modern Intellectual Property Law combines coverage of each intellectual property right granted for creations of the mind into a thoughtful, unified textbook. Deconstructing the fundamental topics into short, clear sections separated by subheadings throughout, Colston and Galloway's text is the ideal student companion to this intriguing area of the law.

This third edition has been completely revised to bring it up to date with the latest debate and changes to the law. All significant recent developments are covered including the continuing controversy over patents for computer-implemented inventions and biotechnological inventions, the House of Lords' developments of patent law, the ECJ jurisprudence relating to trade mark dilution and comparative advertising, as well as the database right, and international efforts to reconcile copyright with peer-to-peer file sharing. This text also discusses the ongoing effort to achieve an appropriate balance between intellectual property and competition law in order to protect market competition while retaining key incentives to drive the process of innovation.

Written for students, this accessible and comprehensive textbook provides the perfect starting point for anyone studying intellectual property law in the UK.

In its case law, the European Court of Human Rights has acknowledged that national courts are bound to give effect to Article 8 of the European Convention of Human Rights (ECHR) which sets out the right to private and family life, when they rule on controversies between private individuals. Article 8 of the ECHR has thus been accorded mittelbare Drittwirkung or indirect a ~third-partya (TM) effect in private law relationships.

The German law of privacy, centring on the "allgemeines PersAnlichkeitsrecht," has quite a long history, and the influence of the European Court of Human Rightsa (TM) interpretation of the ECHR has led to a strengthening of privacy protection in the German law. This book considers how English courts could possibly use and adapt structures adopted by the German legal order in response to rulings from the European Court of Human Rights, to strengthen the protection of privacy in the private sphere.

The Future of Open Data flows from a multi-year Social Sciences and Humanities Research Council (SSHRC) Partnership Grant project that set out to explore open government geospatial data from an interdisciplinary perspective. Researchers on the grant adopted a critical social science perspective grounded in the imperative that the research should be relevant to government and civil society partners in the field. This book builds on the knowledge developed during the course of the grant and asks the question, "What is the future of open data?" The contributors' insights into the future of open data combine observations from five years of research about the Canadian open data community with a critical perspective on what could and should happen as open data efforts evolve. Each of the chapters in this book addresses different issues and each is grounded in distinct disciplinary or interdisciplinary perspectives. The opening chapter reflects on the origins of open data in Canada and how it has progressed to the present date, taking into account how the Indigenous data sovereignty movement intersects with open data. A series of chapters address some of the pitfalls and opportunities of open data and consider how the changing data context may impact sources of open data, limits on open data, and even liability for open data. Another group of chapters considers new landscapes for open data, including open data in the global South, the data priorities of local governments, and the emerging context for rural open data.

Fire Safety Law provides building-owners, managers, individual leaseholders, mortgage-lenders, landlords, and anyone involved in the purchase or sale of a flat situated within a multi-occupied block, with practical, yet comprehensive and well-researched information regarding the subject of fire safety and the associated responsibilities, obligations and rights. V. Charles Ward addresses in practical legal terms the responsibilities on building-owners to ensure that buildings are fire-safe for people who are living, working, or visiting those buildings and explains what protections are available to leaseholders faced with the costs of making their buildings fire-safe. The book begins with a summary of the lessons which have come from the Grenfell Inquiry, before providing a practical overview of current fire-safety legislation relating to residential and commercial buildings. This legislative overview will include not only the 2005 Fire Safety Order, as updated by the 2021 Fire Safety Act and the Fire Safety (England) Regulations 2022, but will also include associated and emerging legislation and official guidance in relation to fire safety, including gas and electrical safety regulation, as well as the Building Safety Act 2022. The book will then pull apart a typical long-residential lease within a high-rise block to identify who is directly responsible for fire safety and explain how the costs of making good the fire-risk from defective cladding might be shared out between the ground-landlord and individual residential leaseholders. Having assessed the legal situation as regards existing high-rise leaseholders, the book then addresses the additional 'due diligence' required by prospective purchasers of individual high-rise flats, as well as estate agents, mortgage lenders, landlords and conveyancing lawyers, to ensure that what they will be buying or lending money on is 'fire-safe' and that any associated costs are fully accounted for.

--The first edition is an essential reading for planning students as it is the only text available that focuses on planning law and practice in Northern Ireland. --Updated to address consequences of BREXIT, the impact of COVID-19 on planning procedures, and the emergence of Local Development Plans within the new 2-tier planning system of Northern Ireland

The Estates Gazette Law Reports are an indispensable reference for property law practitioners researching and advising on all aspects of landlord & tenant law, valuation, professional negligence, conveyancing, real property, leasehold enfranchisement and compensation.
Published over three volumes each year and edited by HH Judge Hazel Marshall QC, they conveniently summarise key current property cases.

This book addresses the persistence of the optical media piracy trade in the Philippines and Vietnam. It goes beyond arguments of defective law enforcement and copyright legal systems by applying sociological perspectives to examine the socio-economic forces behind the advent of piracy in the region. Using documentary and ethnographic data, in addition to resistance and ecological theories in sociology of law and technology as the overall theoretical framework, the book investigates factors that contribute to this phenomenon and factors that impede the full formalization of the optical media trade in the two countries. These factors include the government's attitude towards the informal sector and strong resistance to tougher IPR protection, unstable and sometimes conflicting policies on technologies, burdensome business registration process and weak enforcement of business regulations, bureaucratic corruption and loopholes in law enforcement system as well as trade ties with China. In addition to that, the book highlights the social background of the actors behind the illegal business of counterfeit CDs and DVDs, thereby explaining the reasons they continue to persist in this type of trade. It invites policymakers, law enforcers, advocates of anti-piracy groups, and the general public to use a more holistic lens in understanding the persistence of copyright piracy in developing countries, shifting the blame from the moral defect of the traders to the current problematic copyright policy and enforcement structure, and the difficulty of crafting effective anti-piracy measures in a constantly evolving and advancing technological environment.

This illuminating research review details leading articles on the theory and practice of intellectual property law as it applies to the promotion of innovation in economic, social, and legal dimensions. Topics include the role of law and incentives, cumulative and open forms of innovation, as well as discussion of its social dimensions, relationship with market institutions and how to chart a course for future innovation policy. This review offers a compelling overview of the ideas that ignite and enliven innovation scholarship, invaluable to academics and policymakers alike.

Comparative in both approach and framework, Family Law, Sex and Society provides a critical exposition of key areas in family law, exploring their evolution and development within their historical, cultural, political and legal context.
Cross-referencing to English law throughout, this comparative textbook pays particular attention to the transformation of marriage; the development of divorce laws; matrimonial property; the legal recognition of unmarried heterosexual and same-sex cohabitants; the universal adoption of the best interests standard for children in domestic and international legislation; and the impact of the Human Rights Act 1998 on family law in a variety of jurisdictions.
Divided into different sections, Family Law, Sex and Society includes coverage of:

• a jurisdictional and historical survey of some of the main themes in Family Law, as well as consideration of the evolution of the Western family
• the English law relating to divorce, marital property and children and a comparison with the equivalent law in the civil law jurisdictions of France and Germany
• family law developments in other common law countries such as Australia and New Zealand, selected American jurisdictions, parts of Africa and some Far Eastern countries; and hybrid jurisdictions like Japan and Russia
• an analysis of the law relating to unmarried cohabitation and domestic partnerships in civil law jurisdictions such as France, Germany and Sweden in comparison to Anglo-American law
• a comparative analysis of the laws relating to domestic violence.

Family Law, Sex and Society offers valuable socio-legal and socio-cultural insights into the practice of family law, and is the only textbook that provides a unified, coherent and comparative approach to the study of family law as it operates in these particular jurisdictions.

This book is the first of its kind to teach scientists and engineers beyond simply getting a patent granted. Rather, it also introduces the basis of patent licensing and related business aspects to inventors in order to help them create better patents that can be capitalized. This book covers aspects from basic concepts of patent laws, patent preparation to patent post granting and patent licensing in an easy-to-understand language for inventors. It also provides tips and pitfalls on how an inventor should assist in all phases of patent filing, prosecution and licensing. Through the author's extensive scientific background and experience, numerous cases are provided.

This book is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context. The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib.

Who has rights to forests and forest resources? In recent years governments in the South have transferred at least 200 million hectares of forests to communities living in and around them . This book assesses the experience of what appears to be a new international trend that has substantially increased the share of the world's forests under community administration. Based on research in over 30 communities in selected countries in Asia (India, Nepal, Philippines, Laos, Indonesia), Africa (Burkina Faso, Cameroon, Ghana) and Latin America (Bolivia, Brazil, Guatemala, Nicaragua), it examines the process and outcomes of granting new rights, assessing a variety of governance issues in implementation, access to forest products and markets and outcomes for people and forests . Forest tenure reforms have been highly varied, ranging from the titling of indigenous territories to the granting of small land areas for forest regeneration or the right to a share in timber revenues. While in many cases these rights have been significant, new statutory rights do not automatically result in rights in practice, and a variety of institutional weaknesses and policy distortions have limited the impacts of change. Through the comparison of selected cases, the chapters explore the nature of forest reform, the extent and meaning of rights transferred or recognized, and the role of authority and citizens' networks in forest governance. They also assess opportunities and obstacles associated with government regulations and markets for forest products and the effects across the cases on livelihoods, forest condition and equity.Published with CIFOR