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.

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.

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

'Biopiracy' refers either to the unauthorized extraction of biological resources, such as plants with medicinal properties, and associated traditional knowledge from indigenous peoples and local communities, or to the patenting of spurious 'inventions' based on such knowledge or resources without compensation. Biopiracy cases continue to emerge in the media and public eye, yet they remain the source of considerable disagreement, confusion, controversy and grief. The aim of this book is to provide the most detailed, coherent analysis of the issue of biopiracy to date.

The book synthesizes the rise of the issue and increasing use of the term by activists and negotiators in the World Trade Organization (WTO) and the Convention on Biological Diversity (CBD), to form a critical understanding of the themes, implications and politics of biopiracy. Taking a case-study based approach, derived from interviews and fieldwork with researchers, government, industry, local farmers, healers and indigenous people, the author sequentially documents events that have occurred in biopiracy and bioprospecting controversies. Implications and ethical dilemmas are explored, particularly relating to work with local communities, and the power relations entailed. Detailing international debates from the WTO, CBD and other fora in an accessible manner, the book provides a unique overview of current institutional limitations and suggests ways forward. Options and solutions are suggested which are relevant for local communities, national governments, international negotiators, NGO and interest groups, researchers and industry.

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 second edition provides a systematic introduction to the work and views of the emerging patent-search research and innovation communities as well as an overview of what has been achieved and, perhaps even more importantly, of what remains to be achieved. It revises many of the contributions of the first edition and adds a significant number of new ones. The first part "Introduction to Patent Searching" includes two overview chapters on the peculiarities of patent searching and on contemporary search technology respectively, and thus sets the scene for the subsequent parts. The second part on "Evaluating Patent Retrieval" then begins with two chapters dedicated to patent evaluation campaigns, followed by two chapters discussing complementary issues from the perspective of patent searchers and from the perspective of related domains, notably legal search. "High Recall Search" includes four completely new chapters dealing with the issue of finding only the relevant documents in a reasonable time span. The last (and with six papers the largest) part on "Special Topics in Patent Information Retrieval" covers a large spectrum of research in the patent field, from classification and image processing to translation. Lastly, the book is completed by an outlook on open issues and future research. Several of the chapters have been jointly written by intellectual property and information retrieval experts. However, members of both communities with a background different to that of the primary author have reviewed the chapters, making the book accessible to both the patent search community and to the information retrieval research community. It also not only offers the latest findings for academic researchers, but is also a valuable resource for IP professionals wanting to learn about current IR approaches in the patent domain.

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 late Chief justice of South Africa, Pius Langa, was a remarkable man. He achieved so much in his life and touched many people with his quiet dignity, his generosity and his sparkling humour. As a lawyer, he had a profound impact on the establishment of South Africa's new democracy and the adoption of the country's Constitution. Through his work on the Constitutional court, he charted a path that would allow the country to reach what he called the 'vision of the Constitution'. As a man, he served as an example to many: He was strong, committed, empathetic, thoughtful and kind. A transformative justice: Essays in honour of Pius Langa and Acta Juridica 2015 pay tribute to this remarkable man and lawyer. The book has three sections: first, a series of personal tributes to Justice Langa; second, reflections on the work of the Constitutional court under Langa's leadership as well as aspects of his philosophy as a judge; and third, explorations of a variety of specific themes in his judgments, writings and speeches. The contributions to A transformative justice are written by eminent judges, academics and practitioners, many of whom worked closely with Langa. The book addresses a broad range of practical and theoretical topics, including transformative constitutionalism, judicial dissent, the role of the people in constitutionalism, and legal education, as well as the areas of customary law, contract law, delict, administrative law, criminal law and procedure, and the protection of rights to equality, freedom of religion and culture.

Volume 3 is a fully referenced compendium of the law reports published in the Estates Gazette maagazine between October and December 2008. The Estates Gazette Law Reports are an indispensable reference for property law practitioners and students researching and advising on all aspects of: landlord & tenant, valuation, professional negligence, conveyancing, real property, leasehold enfranchisement & compensation. Cases are selected by HH Judge Hazel Marshall QC, Senior Chancery Judge at the Central London County Court.

Pure economic loss is one of the most-discussed problems in the fields of tort and contract. How do we understand the various differences and similarities between these systems and what is the extent to which there is a common-core of agreement on this question? This book takes a comparative approach to the subject, exploring the principles, policies and rules governing tortious liability for pure economic loss in a number of countries and legal systems across the world. The countries covered are USA, Canada, Japan, Israel, South Africa, Japan, Romania, Croatia, Denmark and Poland, with the contributors taking a comparative fact-based approach through the use of hypothetical problems to analyze and then summarize the individual country's tort approach. Using a fact-based questionnaire, a tested taxonomy, and a sophisticated comparative law methodology, the authors convincingly demonstrate that there are liberal, pragmatic and conservative regimes throughout the world. The recoverability of pure economic loss poses a generic question for these legal systems - it is not just a civil law versus common law issue. It will be of interest to students and academics studying tort law and comparative law in the different countries covered.

This book provides new insights into the economic impacts, strategic objectives and legal structures of an emerging branch of government incentives conditioned on meeting intellectual property-related requirements. Despite becoming more common in recent years, such incentives - ranging from patent fee subsidies and patent box tax deductions to inventor remuneration schemes - are still under-researched. A diverse range of analytical methods, including econometric analyses, case studies and comparative legal analysis, are used to study these incentives in countries in Europe and China. Scholars, policymakers and practitioners can benefit from the conceptual and practical insights as well as policy recommendations provided.