|
Showing 1 - 25 of
57 matches in All Departments
In all major industrialised countries, copyright law has
fundamentally changed in the last 15 years due to the digital age,
the TRIPS Agreement and the WIPO Copyright Treaties. Japan is no
exception, and both legislation and case law have been most active
within this period of time. "Copyright Law in Japan" contains up-to
date information on such difficult issues as the new distribution
right for copyrighted works, frictions between private and public
interest, provisions on anti-circumvention devices, contributory
infringement in a digital and non-digital environment, calculation
of damages in copyright infringement cases, the fundamentals of
moral rights protection, and the work quality of video games. The
book is written by a number of leading Japanese and Max Planck
academics, and Japanese practitioners, and thus combines practical
knowledge with academic standards. The book contains the following
chapters: Copyright History; General Introduction; Protected Works;
Copyright Ownership; Moral Rights; Economic Rights and Limitations;
Copyright Contract Law; Neighbouring Rights; and The Enforcement of
Copyrights. The book is a must for all copyright owners concerned
about their rights in Japan, and for private practitioners
counselling their clients on potential strategies of marketing
copyright material and enforcing copyrights in the Japanese market.
Rather suddenly (since 1990 or so), intellectual property rights
have asserted their legal presence in countries throughout Asia.
However - even though the TRIPs agreement has in many cases been
the catalyst - their legal framework has come with complex,
inescapable influences from Asian history, including religious
factors, traditional bureaucracies, and the heritage of colonialism
and communism. More often than not, it is these distinct cultural
aspects that continue to raise difficulties for business people and
their counsel as they seek to protect their intellectual property
rights in these vibrant growing markets. This text is a
country-by-country survey of the essentials of intellectual
property law in the developed and developing nations of eastern and
southern Asia. Separate chapters, each written by an authority or
authorities in the law of the country he or she covers, clearly
explain the intellectual property law regimes in China, Taiwan,
Hong Kong, Macao, Japan, Korea, Vietnam, Singapore, Malaysia,
Thailand, The Philippines, Indonesia, and India.
Despite the harmonizing effect of TRIPS and intellectual property
law in general, technology transfer remains firmly rooted in
domestic contract law and public policy. However, similarities in
legal culture across many national borders keep this problem to a
minimum endash until we approach the technologically advanced
countries of East Asia. For practitioners worldwide working with
technology transfer in this culturally heterogeneous part of the
world, Legal Rules of Technology Transfer in Asia is a godsend. For
each of nine significant technology market jurisdictions--the PRC,
Taiwan, Japan, Korea, Vietnam, Thailand, Malaysia, Singapore and
Indonesia--this nuts-and-bolts approach to the applicable national
rules provides all necessary legal information and guidance.
Country chapters by local authorities are structured to cover the
following essential factors: + government policy on technological
research and transfer; + intellectual property system; + licensing
agreements; + registration and notification; + dispute resolution;
+ tax considerations; + transfer of patents; + choice of law
questions; + franchising; + publicity and merchandising; +
anti-trust rules. and many other invaluable details to help lawyers
and business persons avoid pitfalls and make the most of the
technology transfer opportunities available in these countries. Two
introductory chapters provide a much-needed perspective on
technology transfer in the context of the world trade regime as it
especially affects East Asia, with an emphasis on the trend to
clarify and strengthen anti-trust rules. A concluding chapter
surveys the market anthropology of the region and offers an expert
assessment of the probable future development of technology
transfer trade in the region. With its first-hand, in-depth,
country-by-country analysis, and its firm grasp on a diversity of
relevant legal and cultural issues, Legal Rules of Technology
Transfer in Asia is unexcelled for desktop use in offices handling
East Asian trade in technology products.
This is a book dedicated to the significance and legacy of landmark
cases in the field of intellectual property. Eleven well-known
scholars offer in-depth commentary and analysis of cases that have
made an impact on legal theory or critical thinking about the scope
and purpose of the protection of intellectual and industrial
creativity. All the cases covered have proven useful in developing
doctrine, even though subsequent developments have made some appear
'misleading' rather than 'leading', and for some recent cases it is
too early to say whether their approach will become mainstream.
Among the fundamental questions - all profoundly interesting, and
to which no definite answers have yet been found - arising in the
course of the analysis are the following: * Who should be master
over the reputation, esteem and legacy of authors and their works -
authors and their heirs, or subsequent copyright owners? * What, if
any, protection should be granted to achievements in the absence of
confusion? * Should prevention of unfair competition allow one to
'reap what one has not sown'? * Should we protect commercial
investment beyond the scope of defined intellectual property
rights? * Should it be considered a tort to use a well-known mark
in a way that may dilute its repute and distinctive character? *
What kinds of monopolies should be protected, if any? * Does the
patent system in its current form allow us to question the
assumption that technological progress is good per se, and that
novel and inventive solutions should thus be protected? * Should
extraneous considerations such as public good and social usefulness
be considered at the stages of grant and enforcement of patent
rights? * Should we grant patents over living organisms whose
workings and reproduction are a long way from being completely
understood? * Should the rules developed for the enforcement of
property rights limit a patentee's remedies to appropriate damages,
thereby effectively granting a compulsory licence? The book
concludes with an analysis of two case clusters remarkable for the
worldwide dimension of the dispute. The authors show how litigation
over Lego in about 30 jurisdictions and Budweiser in over 40
jurisdictions has enriched doctrine on such issues as contract,
trade marks, trade names, geographical indications, property rights
in general, human rights, and various international and bilateral
treaties, all as they impinge on the protection of intellectual
property rights. For scholars in the field, as well as for lawyers
seeking a rich vein of doctrine to buttress a case, this unusual
book will be of incomparable value. As a masterful clarification of
salient doctrine, it represents a major contribution to the legal
theory underpinning intellectual property law.
What exactly do policymakers and journalists mean when they refer
to the "information age"? What bearing do the "problems" they
describe and the "solutions" they offer have on current global
realities? Specifically, what does the Euro-American concept of
intellectual property mean in a global context? Why is the idea of
electronic commerce so difficult to "export"? These questions which
clearly identify issues of crucial importance for the coming
decades of human history are given full weight, stripped of
ideology, in this book, based on the papers presented at a seminar
sponsored by the Macau Institute of European Studies (IEEM) in June
2000. Although there are no clear answers, the accounts and
analyses presented here provide a wealth of detail that comes as
close as we can expect at this date to the facts of the case. The
focus is on East Asia, Greater China in particular, an area which
(most social theorists agree) offers the most revealing social
context for the examination of emerging global trends in this
field.
Although supplying spare and replacement parts and providing repair
services form the basis of many legitimate businesses, many
manufacturing enterprises seek to augment the competitive advantage
realized at the market stage of selling their main products by
attempting to monopolize the market for spares, repairs and
refills. Increasingly, companies are using intellectual property
laws to devise up-front business strategies to gain exclusive
rights in the components of their products. This is the first
in-depth analysis of the law in this relatively new and rapidly
developing area of practice. It sheds clear light on the
conflicting interests of manufacturers, consumers, spare parts
makers and the general public; explores the extent to which this
kind of business strategy can be more or less successful with
respect to the different rights involved, and in different
jurisdictions; and highlights the competition issues that
inevitably arise. The essays included are revised and updated
versions of papers presented at the seventh (2006) of the
innovative IP conference organized annually by the Macau Institute
of European Studies (IEEM) on intellectual property law and the
economic challenges for Asia. Among the topics and issues covered
are the following: * notions of 'repair' and 'recycle' and their
legal effects; * the limits of IP rights in relation to repair and
recycle; * legal limits of end user licence agreements (EULAs) and
technological protection measures (TPMs); * patent exhaustion on
repair and recycling; * alteration of product 'identity'; * the
concept of 'indirect' or 'contributory' infringement; * design law
strategies; and * secondary market definitions. The authors give
detailed attention to cases in various jurisdictions that have
guided and continue to guide business strategies in the field.
Jurisdictions treated include the EU, the US, the UK, Germany, the
Netherlands, China, Hong Kong, Japan, and Korea. In its
clarification of the limits and possibilities of business
strategies in this area of competition that is just beginning to
attract attention, this book will be of great value not only to
intellectual property law practitioners but to business people in
nearly any field of production, especially where cross-border
marketing is involved.
The involvement of the Institute of European Studies of Macau
(IEEM) in matters of intellectual property is based on annual
conferences that take up topical issues of intellectual property
from a comparative perspective with a particular focus on Asia and
Europe. The first of these conferences was held back in 2000, and
has meanwhile become an annual event complemented by an
Intellectual Property School and IP Master Classes. All three
venues serve as a platform for academic teaching and discussion on
intellectual property awareness and the proper place and function
of intellectual property law in the context of society and public
interest.
This is an in-depth treatment in English of Japanese law and
practice governing unfair competition. The author analyzes the
interaction of the relevant laws - and the case law derived from
each - to present a systematic description of how business
reputation, trade secrets, well-known marks, and other aspects of
business achievement and investment are protected against undue
exploitation in Japan. Prohibited acts of unfair competition
covered include: misappropriation by confusion or passing-off;
misappropriation through breach of trust or fiduciary duty; slavish
imitation of distinct product features; trade mark piracy; tortious
acts of denigration, libel, and slander; direct interference by,
e.g., boycott or bribery; undue exercise of intellectual property
rights; and misleading indications on goods and services (e.g., of
geographical origin). Several problematic areas - in particular,
the obstacles to effective enforcement, and the lack of adequate
protection for consumers against acts of unfair competition - are
given particular emphasis. The book concludes with cogent proposals
on how the Japanese system could be improved and developed,
referring to the model provisions of the World Intellectual
Property Organization and offering a new and original draft of the
Unfair Competition Act. Any business person or investor interested
in the Japanese market should benefit enormously from this
practical and insightful volume.
The book provides the reader with a complete picture of
international and regional developments in the area of
biotechnology, plant variety protection and patent protection
(these topics feature very prominently in the current discussion on
the future direction of the TRIPs Agreement), as well as the scope
of the patent right in respect of claims of invention and research
and development and places these developments in the context of
international trade and enforcement mechanism that members of the
WTO are required to incorporate. Part IV gives an outlook on
possible future development and mechanisms for the protection of
incremential innovation that are feasible for developing countries
and small industries. The book therefore covers the edges of the
current IP system (with plant varieties and utility models) as well
as the more mainstream discussion in the developed nations. All
topics are of international relevancy, while they are also of
relevance and interest to Asia. The book is part of the Max Planck
Series on Asian Intellectual Property Law.
Taiwan has made significant efforts in the last five years to
overhaul its IP system according to international standards and
since January 2002 has been a member to WTO/TRIPS. After frequent
revisions of the IP laws in the 1990s in order to gear up for WTO
accession, the legal system has now reached a certain level of
consolidation that makes publication both timely and advisable. The
more so, as there is no comprehensive book on the Taiwanese IP
system published in English. This volume is written by leading
Taiwanese academics and practitioners in the IP field and has been
edited by the Max Planck Institute. All areas of IP are covered in
around 200 pages and the appendix contains the relevant statutory
provisions. Importance is attached to the practice of the courts
and IP offices and to matters related to enforcement. An
introductory chapter puts the IP system in the context of Taiwanese
law in general. This book will appeal to practitioners and
academics alike. The book is part of the Max Planck Series on Asian
Intellectual Property Law.
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.
In the absence of international rules governing parallel imports
and exhaustion of intellectual property rights, issues arising in
this context are left to the individual countries concerned. Asian
countries, although generally more open towards parallel imports
than Europe or the U.S., show marked differences both among their
individual approaches and among the various intellectual property
rights in question. Increasingly, permitting or blocking parallel
imports of intellectually protected goods is regarded as a
political decision to accommodate foreign pressure, domestic
consumers, or right holders. Due to the diversity of legal regimes
in the jurisdictions covered, reliable information on the regimes
of parallel imports in Asia has been hard to come by. Now, Parallel
Imports in Asia brings together the insight and experience of
fourteen academics and practitioners in this specialized but highly
significant field, each highly respected in his or her particular
country. Two concise introductory chapters clearly present the
economic and legal foundations of the subject matter. Then,
thirteen chapters offer indepth analysis of exhaustion of
intellectual property rights and parallel imports for each of
twelve Asian jurisdictions-China, Taiwan, Japan, Korea, Vietnam,
Thailand, Indonesia, The Philippines, Malaysia, Singapore, Hong
Kong, and India-plus the Australasian bloc. With this book,
businesses in all of these countries-and in particular India and
the Australasian countries-can assess the strength of their IP
rights against parallel importation in other parts of Asia. All
country reports are written in a uniform structure and take into
account legal, political and economicconsiderations with respect to
the parallel importation of patented, trademarked and copyrighted
goods. A useful appendix provides a synoptically overview on the
rules of parallel importation in Asia. While academics will find
here a thought-provoking survey of an important but relatively
unstudied area of intellectual property law, Parallel Imports in
Asia will prove to be of greatest value to potential investors in
Asia, particularly with regard to market separation and licensing
agreements. It will also help practicing lawyers for globally
operating companies to appropriately counsel their clients in this
area of business decision making.
Trade mark law has become an increasingly important field of law in
the context of a rapidly globalizing economy. The promotion and
protection of marks is widely viewed as the most important tool for
a successful expansion of business, particularly in areas of
economic transformation such as the Asia-Pacific region. This
collection of essays examines the legal protection of well-known
marks both under trade mark and unfair competition law in 10
different jurisdictions of the Asia-Pacific region, analyzing the
still widespread piracy of well-known marks in the context of the
underlying legal and cultural concepts. It explores the
significance of trade marks in an information society, highlighting
the tensions between those seeking to protect their
well-established brands globally in an age of electronic commerce,
and those concerned to prevent large firms from being granted
indiscriminate control over certain marks without having made the
corresponding marketing efforts. It examines the opportunities and
problems arising from the advent of the new digital technology, and
looks at some of the issues the technology gives rise to, such as
the protection of domain names. The papers collected in this volume
are the revised and updated proceedings of a conference on Trade
Marks, Domain Names and Unfair Competition in the Information Age,
held in Taipei in January 1999, as the result of the co-operation
by the Sun Yat-Sen Institute for Social Sciences and Philosophy,
Academia Sinica, Taipei, and the Max Planck Institute, Munich.
First published in 2005, A Theory of Secession: The Case for
Political Self-Determination offers an unapologetic defense of the
right to secede. Christopher Heath Wellman argues that any group
has a moral right to secede as long as its political divorce will
leave it and the remainder state in a position to perform the
requisite political functions. He explains that there is nothing
contradictory about valuing legitimate states, while permitting
their division. Once political states are recognized as valuable
because of the functions that they are uniquely suited to perform,
it becomes apparent that the territorial boundaries of existing
states might permissably be redrawn as long as neither the process,
nor the result of this reconfiguration, interrupts the production
of the crucial political benefits. Thus, if one values
self-determination, then one has good reason to conclude that
people have a right to determine their political boundaries.
A Liberal Theory of International Justice advances a novel theory
of international justice that combines the orthodox liberal notion
that the lives of individuals are what ultimately matter morally
with the putatively antiliberal idea of an irreducibly collective
right of self-governance. The individual and her rights are placed
at center stage insofar as political states are judged legitimate
if they adequately protect the human rights of their constituents
and respect the rights of all others. Yet, the book argues that
legitimate states have a moral right to self-determination and that
this right is inherently collective, irreducible to the individual
rights of the persons who constitute them. Exploring the
implications of these ideas, A Liberal Theory of International
Justice addresses issues pertaining to democracy, secession,
international criminal law, armed intervention, political
assassination, global distributive justice, and immigration. A
number of the positions taken in the book run against the grain of
current academic opinion: there is no human right to democracy;
separatist groups can be morally entitled to secede from legitimate
states; the fact that it is a matter of brute luck whether one is
born in a wealthy state or a poorer one does not mean that economic
inequalities across states must be minimized or even kept within
certain limits; most existing states have no right against armed
intervention; and it is morally permissible for a legitimate state
to exclude all would-be immigrants.
The twin questions at the heart of political philosophy are "Why
may the state forcibly impose itself on its constituents? " and
"Why must citizens obey the state's commands? " In Liberal Rights
and Responsibilities, Christopher Heath Wellman offers original
responses to these fundamental questions and then, building upon
these answers, defends a number of distinctive positions concerning
the rights and responsibilities individual citizens, separatist
groups, and political states have regarding one another. The first
four chapters combine to critically discuss standard theories of
political obligation and then to introduce Wellman's samaritan
explanation of our duty to obey the law. The next three papers
challenge the traditional approaches to group autonomy en route to
advancing Wellman's functional account of political
self-determination. Next Wellman reviews group responsibility and
argues that, in addition to discharging our individual moral
duties, each of us must do our share to ensure that the groups to
which we belong do not perpetrate injustice. In the ninth chapter,
Wellman invokes freedom of association to provide a defense of a
legitimate state's right to unilaterally design and enforce an
exclusionary immigration policy. The last two essays are on
punishment; the first defends the rights forfeiture justification
of punishment, and the second combines this rights forfeiture
theory with the samaritan account of political legitimacy to
explain why legitimate states may permissibly assume exclusive
control over the enforcement of criminal law. Taken as a group,
these eleven essays - one new and ten previously published - aim to
vindicate a liberal political philosopher's capacity to begin with
relatively modest moral principles and still arrive at robust
conclusions in favor of the moral standing of legitimate states.
|
You may like...
Loot
Nadine Gordimer
Paperback
(2)
R383
R310
Discovery Miles 3 100
|