This book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). For decades, attempts have been made to address this fragmentation by introducing a unitary patent system. The most recent attempt, the EU unitary patent system, will be the first of its kind. It is expected to significantly change the EPS. However, rather than reducing existing fragmentation, it will likely add to it. Based on an analysis of the current and forthcoming system, the book argues that the inherent nature of fragmentation within the EPS needs to be recognised and suggests that a multifaceted approach is required to respond to it. Uniquely, it draws on work regarding fragmentation outside of the patent and intellectual property regimes, gaining insights from both European law-making and the international legal system. These insights are used to investigate current responses to fragmentation in the EPS. Interpretations of substantive patent law are examined, including claim construction (Actavis v Eli Lily), exceptions to patentability related to uses of human embryos for industrial or commercial purposes (WARF, Brustle, ISCC), and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective. Fragmentation and the European Patent System will be of interest to academics, students and practitioners looking for a new perspective on the EPS.

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

Winner of the 2010 Distinguished Book Award from the American Psychological Association's 44th Division (the Society for the Psychological Study of Lesbian, Gay, Bisexual and Transgender Issues) An in-depth, transnational primer on the current state of same-sex marriage post legalization The summer of 2008 was the summer of love and commitment for gays and lesbians in the United States. Thousands of same-sex couples stood in line for wedding licenses all over California in the first few days after same-sex marriage was legalized. On the other side of the country, Massachusetts, the very first state to give gay couples marriage rights, took the last step to full equality by allowing same-sex couples from other states to marry there as well. These happy times for same-sex couples were the hallmark of true equality for some, yet others questioned whether the very bedrock of society was crumbling. What would this new step portend? In order to find out the impact of same-sex marriage, M. V. Lee Badgett traveled to a land where it has been legal for same-sex couples to marry since 2001: the Netherlands. Badgett interviews gay couples to find out how this step has affected their lives. We learn about the often surprising changes to their relationships, the reactions of their families, and work colleagues. Moreover, Badgett is interested in the ways that the institution itself has been altered for the larger society. How has the concept of marriage changed? When Gay People Get Married gives readers a primer on the current state of the same-sex marriage debate, and a new way of framing the issue that provides valuable new insights into the political, social, and personal stakes involved. The experiences of other countries and these pioneering American states serve as a crystal ball as we grapple with this polarizing issue in the American context. The evidence shows both that marriage changes gay people more than gay people change marriage, and that it is the most liberal countries and states making the first move to recognize gay couples. In the end, Badgett compellingly shows that allowing gay couples to marry does not destroy the institution of marriage and that many gay couples do benefit, in expected as well as surprising ways, from the legal, social, and political rights that the institution offers.

First published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.

This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit IP rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts. Fairness, Morality and Ordre Public in Intellectual Property addresses questions about which outcomes of IP use can be defined as fair or moral, to whom they may be considered fair or unfair, and which criteria should be used to decide. Chapters examine these issues through topics such as fairness in copyright law, economic aspects of fairness, the intersection of human rights principles and indigenous peoples? heritage rights with IP, and the pricing of pharmaceutical drugs.Scholars and researchers working in IP, international trade and public international law policy will find this book to be critical reading. It will also be relevant to international IP law practitioners and policy makers.

Volume one of this set of two texts presents a detailed exposition of the relevant EC rules in contract law that are applicable throughout the European Union, regardless of the national law of the contract. No commentary has been added to the text, which should be regarded as an account of the present state of the law. The use of EC regulations and directives in private law is a relatively novel concept. A growing body of EC legislation has been adopted with a view to determining various contractual obligations which must be complied with. The book is divided into seven chapters, each covering a separate aspect of contractual relations. In each of these chapters, the content reflects as closely as possible the precise wording of the EC legislation, together with the precise wording of any relevant dicta of the European Court of Justice. The legislation relating to matters which are not strictly contractual, such as intellectual property, company law and taxation, have been excluded. Where legislation has been amended by subsequent treaties, regulations or directives, the amendments are incorporated in the text. The legislation in this volume is that which is available and published in the Official Journal of the European Communities as at 1 May 1997.

In Happily Ever After, Jack Zipes addresses his ongoing concern regarding the socialization of children, the impact of the fairy tale on children and adults, and the future development of the fairy tale as film. As a result of analyzing the historical trajectory of storytelling and the literary fairy tale, the essays in Happily Ever After move from the sixteenth century to the present, between different cultures and societies, and from specific analyses to general syntheses.

eBook available with sample pages: PB:0415918510

The family and the law, with its attendant legal systems, share a pervasive connectedness. With this new volume, family practitioners and scholars can begin to increase the family?s position in relation to the law and legal system. The contributing authors bring to light the power of laws and the ways to influence them,for the benefit of the family.

First published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.

Whatever your type of business, this practical handbook will help you to manage your premises effectively. Whether you are a tenant or an owner-occupier, it will enable you to take an informed approach to commercial property, helping you to negotiate successful transactions, deal with ongoing management issues effectively and get the most from advisers and agents. The handbook takes a practical approach using worked examples and checklists. It provides a step-by-step guide to all the stages of occupation with comprehensive coverage of all the relevant legal and technical information, including: * strategic property management * financial analysis and decision making * negotiating strategy * valuaton * accounting * tax and business rates * acquisitions * purchase and lease terms * rent reviews * service charges * insurance * repairs alterations and use * planning and environmental issues * disposal of surplus space * lease expiries and renewals * compulsory purchase.

The interaction between engineering and the law is undergoing dramatic changes. Product liability, laws have been introduced in Japan, patent claims over living organisms have been made in bioengineering and the differing national laws of copyright protection and liability are in the process of harmonisation, especially in the European Union. The pace and complexity of these changes make it essential for technologists, lawyers, engineers and insurance experts to establish a common basis for understanding, co-operation and exchange of expertise. The recently founded International Society for Technology, Law and Insurance aims to foster such co-operation. This volume features 46 selected contributions which address various topical issues and the law. The most important issues relate to engineering risks, quality assurance and assessment and legal implications assiciated with them. Recent failure cases are explained and the technical, legal and insurance-related issues discussed in detail.

This book is based on the Telecommunications Policy Research Conference which reports on research into telecommunications policy issues. While the conference is now a respectable 23 years old, this is only the second printed edition of selected papers. A new law, the Telecommunications Act of 1996, accelerated the process of integration in the communication industry and made major revisions to the Communications Act of 1934 that increase the incentive for integration within the industry. Although the papers in this volume were written prior to the passage of the new law, their importance is merely enhanced by it. They deal with fundamental, complex policy problems that arise when previously separate segments of the telecommunications industry are integrated, rather than specific regulatory rules that are likely to be changed under the new law. With the passage of this law, the timeframe for developing appropriate policies for an integrated industry has been shortened. Changes expected to occur over a period of several years will now likely occur much more rapidly. These papers provide insights to help guide the transition in the industry.
Divided into five parts, this volume:
* deals with problems of transforming local exchange telephone service from a monopoly in each geographical area to an interconnected competitive network of networks,
* considers the pricing problems that arise in an integrated network carrying traffic of different types across multiple service providers,
* examines the problem of achieving interoperability in complex networks,
* considers issues of intellectual property that arise in expected integrated networks of the future, and
* discusses electronic publication of scholarly journals, copyright protection, and the applicability of copyright law in the digital age.

The astute management of technology is essential for firms who wish to compete within the new economy. In this in-depth study, David Teece considers how firms can exploit technological innovation, protecting their intellectual capital, while staying ahead of the competition. Providing frameworks as well as practical advice, he looks in particular at the organization structures most likely to support innovation, and how managerial decisions and strategy affect the division of the gains. Essential reading for academics, managers, and students alike who want to keep abreast of contemporary strategic challenges.

First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.

This book critically investigates the patent protection of medication in light of the threats posed by HIV/AIDS, malaria and tuberculosis epidemics to the citizens of countries in Sub-Saharan Africa (hereinafter "SSA" or "Africa"). The book outlines the systemic problems associated with the prevailing globalized patent regime and the regime's inability to promote access to life-saving medication at affordable prices in SSA. It argues that for pharmaceutical patents to retain their relevance in SSA countries, human development concepts must be integrated into global patent law- and policy-making. An integrative approach implies developing additional public health and human development exceptions/limitations to the exercise of patent rights with the goal of scaling up access to medication that can treat epidemics in SSA. By drawing on multiple perspectives of laws, institutions, practices, and politics, the book suggests that SSA countries adopt an evidence-based approach to implementing global patent standards in domestic jurisdictions. This evidence-based approach would include mechanisms like local need assessments and the use of empirical data to shape domestic patent law-making endeavors. The approach also implies revising patent rules and policies with a pro-poor and pro-health emphasis, so that medication will be more affordable and accessible to the citizens of SSA countries. It also suggests considering the opinions of individuals and pro-access institutions in enacting crucial pieces of health-related statutes in SSA countries. The approach in this book is sensitive to the public health needs of the citizens affected by epidemics and to the imperative of building local manufacturing facilities for pharmaceutical research and development in SSA.

This book features 15 country reports on the patent enforcement practice of the world's most litigated countries in Europe, Asia and the Americas. Litigation strategies for both right owners and alleged infringers are explained against the background of case law on: types of action, standing to sue, jurisdiction, obtaining evidence, provisional and final measures, trial practice, types of infringement, remedies and counterclaims, costs and issues of retrial, threats and wrongful enforcement. Special chapters cover the Trade-Related Aspects of Intellectual Property Agreement provisions on enforcement, enforcement issues in the European Community, international cross-border litigation and border measures. The reports are written by patent practitioners or academic experts in the field, and the homogenous structure of the country reports allows for an easy identification of best practices and strategic considerations on the choice of jurisdiction.

Offers a guide to current environmental health and safety statutes--providing a working knowledge of the major legislations and regulations and demonstrating the steps necessary for compliance. Illustrates overall health and safety management skills for multimedia facilities.

First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.

This book considers the question of spatial justice after apartheid from several disciplinary perspectives - jurisprudence, law, literature, architecture, photography and psychoanalysis are just some of the disciplines engaged here. However, the main theoretical device on which the authors comment is the legacy of what in Carl Schmitt's terms is nomos as the spatialised normativity of sociality. Each author considers within the practical and theoretical constraints of their topic, the question of what nomos in its modern configuration may or may not contribute to a thinking of spatial justice after apartheid. On the whole, the collection forces a confrontation between law's spatiality in a "postcolonial" era, on the one hand, and the traumatic legacy of what Paul Gilroy has called the "colonial nomos", on the other hand. In the course of this confrontation, critical questions of continuation, extension, disruption and rewriting are raised and confronted in novel and innovative ways that both challenge Schmitt's account of nomos and affirm the centrality of the constitutive relation between law and space. The book promises to resituate the trajectory of nomos, while considering critical instances through which the spatial legacy of apartheid might at last be overcome. This interdisciplinary book will appeal to scholars of critical legal theory, political philosophy, aesthetics and architecture.

With cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes. Key Features: Practical analysis of the provisions of the EU Succession Regulation Consideration of issues at the intersection between cross-border successions and taxation Analysis of the specificities of the European Certificate of Succession and its interface with national laws Study of cross-border successions in the context of both estate planning and the opening and liquidation of a succession Contextualization of the EU Succession Regulation in the framework of the national law and practice of several EU Member States A comprehensive study of EU cross-border succession law with global reach, this book is an invaluable source of reference and guidance for practitioners specialising in estate planning, family law and property law, including judges, notaries, tax specialists and lawyers. Scholars of European succession law and conflict of laws will also find this book's critical analysis an instrumental tool in their research.

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

The doctrine of Direct Effect is an issue of importance to all those concerned with, or affected by the implementation of European Union directives. The doctrine of Direct Effect bestows responsibility for the implementation of directives on individual regulators, even if the member state itself has not made full arrangements for implementation. This text considers the doctrine with particular regard to the regulation of the discharge of dangerous substances to the aquatic environment in England and Wales. It contains an analysis of the evolution, applications and implications of Direct Effect.;A range of cases are studied, allowing the reader to realize the scope of this important doctrine. This book explores an area of European Law that should be understood by all those involved in the regulation of the discharge of dangerous substances.

Tunnelling is a high risk business. Success depends crucially on the nature of the ground through which the tunnel is being driven. The cost of a thorough site investigation is usually only a small fraction of the cost of the construction work but this crucial phase of a project is often given too low a priority. This text provides a review of tunnelling contracts, particularly those for sewerage and drainage tunnels. It reviews site investigation methods, contract preparation and tender evaluation, tunnel costruction, claims and records, and the post-construction phase. Examples of good and bad practice of site investigation and other aspects of tunnelling are given, and the text is supported by over 500 references. Supplementary information in the second part of the book expands on particular aspects such as ground vibration and noise. Among other topics covered are quality assurance, rock properties and testing, pollution, permeability and dewatering.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.