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This volume provides an overview of the state of
internationalisation of legal education (IOLE) in many civil law
and common law countries. It provides a picture of the status of
the debate about the shape and degree of internationalisation in
the curriculum in the different countries, and the debates
surrounding the adoption of a more international approach to legal
education in the contemporary world. It is a compilation of the
National Reports submitted for the August 2014 Congress of the IACL
held at Vienna, and contains an introductory general report.
Together, the reports examine such questions as: Why is the topic
of internationalization of legal education on the agenda now? Why
is it a relevant subject for examination today? Does the topic
generate the same level of interest everywhere in the world? Is
enthusiasm for IOLE mainly driven by the academic sector, by
government, by multinational corporations? Is the interest closely
linked with the globalization of the practice of law? Or is
globalisation of law itself something of a myth, or a reality
reserved for only a very small percentage of practising lawyers
around the world? The general and national reports make clear that
there is indeed widespread interest in IOLE, and numerous disparate
initiatives around the world. Nonetheless, some National Reporters
state that the topic is simply not on the agenda at all. All in
all, the volume shows that the approaches to internationalisation
are many and varied, but every jurisdiction recognises the
importance of introducing aspiring lawyers to a more integrated
global environment.
This is a wonderful collection of essays. The present volume
contains rich articles and conveys creative and substantive ideas
and information on the internationalization of law and legal
education and legal practice. A timely book which will serve
academics, legal professionals and policy and law makers alike in
their search to keep legal education and the legal professions up
to date to international and transnational legal and societal
developments.' - Aalt Willem Heringa, Maastricht University, The
Netherlands'Professors Hiscock and van Caenegem have drawn together
an impressive group of international experts in legal education to
take the reader on a fascinating journey. It ranges from the
historical origins of different families of law, through the
development of the institutions that support increasing connection
across borders to anticipation of where the practice of law is
heading, driven by the forces of global interconnectedness. This
volume will help shape the internationalisation of legal
education.' - Duncan Bentley, Deputy Vice-Chancellor, Victoria
University, Australia 'This is a fascinating collection of essays
on how the world of legal education is responding to the
globalisation challenge. It deserves a place on the shelf of every
legal academic and practitioner with a serious interest in legal
education. The utility of the book is enhanced by the fact that it
is written from a variety of different and critical perspectives.
It comes highly recommended.' - Gerard McCormack, School of Law,
University of Leeds, UK For graduate lawyers to succeed in a global
environment, legal education in every system must undergo
revolutionary change. Professors van Caenegem and Hiscock explore
in detail the new initiatives that are emerging as a response to
this development and the reaction from the profession to these
changes. Divided into five sections, the expert contributors of
this book provide different perspectives on legal education in an
ever-growing industry: - Dealing with the different national
philosophies of legal education - Ignoring the civil law and common
law divide - a brave new world - Evolving initiatives in legal
education for global practice - International practice - attorneys'
insights - Litigation and arbitration - international advocacy
across borders This book will be useful to scholars and
practitioners alike who are charged with teaching law students and
preparing them for the demands of practice. Contributors: J.
Basedow, L. Boo, L. Boulle, S. Chesterman, M. Coper, Justice J.
Douglas, M. Hiscock, D.X. Hop, C.-F. Lo, V.I. Lo, D. O'Donovan, A.
Petridis, R. Russell, S. Steele, G. Triggs, W. van Caenegem, B.
Wolski
This state-of-the-art study argues that reforms to intellectual
property (IP) should be based on the ways IP is interacting with
new technologies, business models, work patterns and social mores.
It identifies emerging IP reform proposals and experiments,
indicating first how more rigor and independence can be built into
the grant of IP rights so that genuine innovations are recognized.
The original contributions illustrate how IP rights can be
utilised, through open source licensing systems and private
transfers, to disseminate knowledge. Reforms are recommended. The
discussion takes in patents, copyright, trade secrets and
relational obligations, considering the design of legislative
directives, default principles, administrative practices,
contractual terms and license specifications. Providing
contemporary empirical studies and covering public administration,
collective and open approaches, and regulation of private
transactions, this comprehensive book will prove a stimulating read
for academics and students of law, business and management and
development studies. Government policy makers and regulators as
well as IP managers and advocates will also find much to provoke
thought.
This volume provides an overview of the state of
internationalisation of legal education (IOLE) in many civil law
and common law countries. It provides a picture of the status of
the debate about the shape and degree of internationalisation in
the curriculum in the different countries, and the debates
surrounding the adoption of a more international approach to legal
education in the contemporary world. It is a compilation of the
National Reports submitted for the August 2014 Congress of the IACL
held at Vienna, and contains an introductory general report.
Together, the reports examine such questions as: Why is the topic
of internationalization of legal education on the agenda now? Why
is it a relevant subject for examination today? Does the topic
generate the same level of interest everywhere in the world? Is
enthusiasm for IOLE mainly driven by the academic sector, by
government, by multinational corporations? Is the interest closely
linked with the globalization of the practice of law? Or is
globalisation of law itself something of a myth, or a reality
reserved for only a very small percentage of practising lawyers
around the world? The general and national reports make clear that
there is indeed widespread interest in IOLE, and numerous disparate
initiatives around the world. Nonetheless, some National Reporters
state that the topic is simply not on the agenda at all. All in
all, the volume shows that the approaches to internationalisation
are many and varied, but every jurisdiction recognises the
importance of introducing aspiring lawyers to a more integrated
global environment.
`This stimulating volume of essays seamlessly integrates
theoretical and practical perspectives to wrestle with fundamental
issues of law and legal education in the 21st century. Using an
integrated framework, the editors demonstrate that the challenges
raised by internationalization can no longer be left to a small
group of comparative and international lawyers, but rather require
fundamental engagement from everyone in the law. Highly
recommended.' - Thomas Ginsburg, University of Chicago Law School,
US `This is a rich and fascinating collection of essays on the
internationalisation of law. It offers an important exploration of
what lies ahead in making law, resolving disputes and researching
and teaching law in an increasingly globalising world. Academics
and practitioners all over the world will find this book immensely
useful.' - Jan M. Smits, Tilburg University, The Netherlands `This
fascinating collection of essays marks the 20th anniversary of Bond
Law School in Australia. The essays deal with the
internationalisation of law in all its dimensions, whether it be in
law teaching, legal research, legislation or attitudes to risk and
regulation which is particularly pertinent in view of the global
financial crisis. The breadth of coverage of the book increases its
appeal to scholars and policy makers from a range of
sub-disciplinary perspectives. It deserves to be read widely and is
an extremely valuable addition to any practitioner or academic
library.' - Gerard McCormack, University of Leeds, UK This
insightful book explores the acute challenges presented by the
`internationalisation' of law, a trend that has been accelerated by
the growing requirement for academics and practitioners to work and
research across countries and regions with differing legal
traditions. The authors have all confronted these challenges of
internationalisation through their extensive knowledge and
experience in civil law, common law and mixed jurisdictions around
the globe. Their analysis of the implications for researchers and
teachers, as well as practitioners, law-makers and reformers is
original and their different proposals for dealing with the
challenges are both practical and at times, radical. This book is a
must-read for those exposed to the internationalisation of law, be
they academics, cross border practitioners, judges, arbitrators, or
those engaged in legal reform and policy.
This book covers the areas of intellectual property law that are
most relevant to both product and technological innovation. It
surveys intellectual property law relevant to protecting or
monopolising the novel visual appearance, as well as the novel
functions and substantive characteristics of products. Intellectual
Property Law and Innovation deals with copyright laws as relevant
to computers, the visual design of products, registered design
laws, patent laws and the law relating to computer chip layout. It
also examines aspects of passing off and trademark laws relevant to
product appearance. The role of these different areas of law is
examined from the perspective of innovation theory, as well as from
the perspective of innovation strategy and public policy. This book
takes a comparative approach, but focuses principally on the law in
English speaking jurisdictions, especially Australia.
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