Author: Ronald A. Cass
Publisher: Harvard University Press
Release Date: 2013-01-01
Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.
Author: Keith N. Hylton
Publisher: Cambridge University Press
Release Date: 2016-06-06
Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.
This book addresses the key issues, challenges and implications arising out of changes in the copyright law and corresponding judicial responses. Using concrete examples, the book does not assume any prior knowledge of copyright law, but brings together leading intellectual property researchers to consider the significant role of copyright law in shaping the needs of the modern digital world. It provides an insight into two distinct arenas: copyright and digital media. The exponential increase in the ability to multiply and disseminate information by digital means has sparked numerous conflicts pertaining to copyright – and in turn has prompted lawmakers to expand the scope of copyright protection in the digital age. Bearing in mind the new questions that the advent of the digital age has raised on the role and function of copyright, the book presents a collection of papers largely covering new frontiers and changing horizons especially in this area. The contributions intensively address core issues including the exhaustion principle, copyright and digital media, liability of hosting service providers, the originality requirement, accessibility to published works for the visually disabled, criminalization of copyright infringement, and software protection under copyright law, among others. Consisting of 14 papers, this book will be equally interesting to researchers, policymakers, practitioners and lawmakers, especially those active in the field of Intellectual Property Rights (IPR).
Author: Nwabachili, Chudi C.
Publisher: Malthouse Press
Release Date: 2016-04-30
This book is basically about the legal protection of intellectual property in Nigeria. Its nine chapters dwell on copyright trademarks, patents, industrial designs and the legal protection of intellectual property in Nigeria. Attempt is made at providing an overview of the law relating to the subject in order to facilitate a solid grounding in the law as a starting point from which various political, theoretical or other perspectives can be developed. There is substantial reliance on the relevant Nigerian statutes on copyright, trademarks, patents and industrial designs as contained in the Laws if the Federation 2004 and also on the reported cases decided in this area of our law by Nigeria courts over the years. References have also made to the case and statutory laws in some other jurisdictions, especially where Nigerian legislative enactments need a reform. It is very simple and comprehensive and not solely aimed at providing a basis just for undergraduates but also for postgraduate courses, in addition to being useful to teachers, lawyers, judges, magistrates and even non-lawyers or general readership.
Author: Donald S. Chisum
Release Date: 2011-08-04
Understanding Intellectual Property Law, 2nd Edition covers all of the intellectual property areas and issues likely to be addressed in an intellectual property survey course. After a comprehensive Introduction in Chapter 1, the general areas covered in the remaining chapters include: • Patents • Trade Secrets • Copyright • Trademarks, and • Other Intellectual Property Rights such as: • Design Protection • Plant Protection • Semiconductor Chip Protection • False Advertising • Misappropriation • Rights of Publicity • Idea Submission This new edition also includes: • Coverage of major Supreme Court cases in intellectual property from the past decade • Changes made in response to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) • Synthesis and reorganization of materials on patentable subject matter • Developments in trade secret law, including adoption of the Uniform Trade Secrets Act (UTSA) • Synthesis and reorganization of materials on copyrightable subject matter • New material on secondary liability, including Grokster, Global-Tech, and the safe harbors and notice-and-takedown provisions for online service providers • Coverage of the Digital Millennium Copyright Act, including anti-circumvention and copyright management information • New materials on Internet technology, including streaming, search engines, keyword advertising, domain names, and cybersquatting • Completely revised coverage of trademarks, including the Federal Trademark Dilution Act and the Trademark Dilution Revision Act While Understanding Intellectual Property Law, 2nd Edition presents important updates to Patent Law since the first edition, unfortunately timing did not allow inclusion of provisions of the America Invents Act. A complimentary supplement (.pdf) addressing these provisions and the changes to Patent Law (covered in Chapter # 2) as a result of these provisions is now available. Professors can access this Supplement at: http://www.lexisnexis.com/lawschool/class/publications. Students will be able to access and download the Supplement (at no charge) at: http://www.lexisnexis.com/lawschool/study/texts. The supplement analyzes important statutory provisions and their effect on current patent law. Topics from the new Act will include: (1) the first inventor to file system and its effects on the definition of prior art; (2) the new derivation proceedings, replacing the current system of interferences, which allows a patent owner to challenge an earlier filed patent for derivation from the subsequent patent; (3) the prior commercial use defense; (4) the new procedures for inter partes review; (5) the new procedure for post-grant review; (6) the new rules for improper patent marking: (7) changes to the treatment of tax method patents; (8) the new rules pertaining to the best mode requirement; and (9) changes to the rules of jurisdiction.
Author: David E. Andersson
Publisher: Edward Elgar Publishing
Release Date: 2008-01-01
In this book David Emanuel Andersson undertakes the difficult task of reconciling institutional theories of property rights, transaction costs and norms, with Austrian economics, Lancaster s consumer theory, regional economics and evolutionary economics. The result is a success, the connections outlined make sense and convincing illustrative cases are offered. The book should be read by everyone interested in how the challenges to neoclassical equilibrium theory that have emerged since the 1960s are related. Per-Olof Bjuggren, Jönköping University, Sweden Property Rights, Consumption and the Market Process extends property rights theory in new and exciting directions by combining complementary insights from Austrian, institutional and evolutionary economics. Mainstream economics tends to analyse property rights within a static equilibrium framework. In this book David Andersson reformulates property rights theory as an evolutionary theory of the market process. This original work includes many valuable insights and new analysis such as: combining Yoram Barzel s theory of property rights, Ludwig Lachmann s theory of capital, the resource-based view of the firm and the entrepreneurship theories of Frank Knight, Joseph Schumpeter and Israel Kirzner applying Ronald Inglehart s theory of value change to discontinuities in how imitative behaviour influences consumer choice a new distributional perspective on the Hayekian knowledge problem a model of consumer choice that combines lexicographic characteristics and learning processes a methodological approach that considers the perceived causal and evidential utilities of a theory original empirical material (hedonic price functions and case studies) and new areas of application for important computer simulation results. David Andersson s book will be warmly welcomed by heterodox economists and new institutional economists, as well as economists of entrepreneurship studies, regional development and urban planning.
Author: Sean Coyle
Publisher: Hart Publishing
Release Date: 2004
Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Authors conclude, however, that environmental law must be understood as the product of sustained reflection on fundamental moral questions about the relationship between property, rights and nature.
Intellectual property law's influence extends to every aspect of human life. The markings on a can of Coca-cola, the rights in the books, music, pictures, drama, films and electronic information sources we all use, even the shape of our pen, architecture and the science behind the latest attempt on space exploration all form its subject matter. This popular text explains and examines the often complicated law which protects and preserves new ideas and outlines how intellectual property rights allow right owners to stop others taking their creations. The changes in the new edition reflect this rapidly expanding field. This textbook includes: amendments to major decisions from the House of Lords and the European Court of Justice recent legislation such as the Patents Act 2004 the effect of developments in information technology on copyright and patent principles recent case law including Kirin-Amgen Inc v Hoechst Marion Roussel Ltdand British Horseracing Board Ltd v William Hill Organization the impact of UK, EC and EU competition laws on intellectual property rights a new chapter devoted to protection for image new coverage relating to domain names an examination of the increasing attention to human rights in intellectual property law. This thoughtful and thought-provoking text is essential reading for any student of intellectual property law. With further reading at the end of each chapter, it is the ideal introduction to a thorough understanding of intellectual property law.
Author: Andrew Lang
Publisher: OUP Oxford
Release Date: 2013-01-17
The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World Trade Organization. In this book, Andrew Lang provides a new account of this transformation, and considers its enduring implications for international law. Against the commonly-held idea that 'neoliberal' policy prescriptions were encoded into WTO law, Lang argues that the last decades of the 20th century saw a reinvention of the international trade regime, and a reconstitution of its internal structures of knowledge. In addition, the book explores the way that resistance to economic liberalism was expressed and articulated over the same period in other areas of international law, most prominently international human rights law. It considers the promise and limitations of this form of 'inter-regime' contestation, arguing that measures to ensure greater collaboration and cooperation between regimes may fail in their objectives if they are not accompanied by a simultaneous destabilization of each regime's structures of knowledge and characteristic features. With that in mind, the book contributes to a full and productive contestation of the nature and purpose of global economic governance.
Author: Jennifer Davis
Publisher: Oxford University Press
Release Date: 2012-05-03
This book provides students with a basic understanding of intellectual property law. Covering the six main areas of patents, copyright, industrial designs, confidential information, unregistered and registered trademarks, it places intellectual property in its wider context.
Author: Maher M. Dabbah
Publisher: Cambridge University Press
Release Date: 2004-10-07
EC and UK Competition Law: Commentary, Cases and Materials offers a clear, concise and comprehensive account of the competition rules of the EC and the UK. EC Competition rules are an important source of consultation, increasingly serving as a model followed by many countries when adopting or developing competition rules within their domestic legal systems. This book offers a single up-to-date source of all the important cases, legislation and guidelines, clearly annotated and presented. With a detailed commentary and case studies (with model answers) throughout, this book eliminates the need for students to consult multiple sources. Key developments in EC and UK competition law are covered: Regulation 139/2004 and Guidelines on Horizontal Mergers; Regulation 772/2004 and Guidelines on Technology Transfer Agreements; the Enterprise Act 2002; and recent amendments to the Competition Act 1998. Recent EC and UK judgments and decisions are covered: Commission v Bayer; Michelin v Commission; VW v Commission; and the Microsoft decision.
Author: James L. Huston
Publisher: UNC Press Books
Release Date: 2003
While slavery is often at the heart of debates over the causes of the Civil War, historians are not agreed on precisely what aspect of slavery-with its various social, economic, political, cultural, and moral ramifications-gave rise to the sectional rift.
Since the creation of the comic book, cases of legal conflict and confusion have often arisen where concepts such as public domain, unincorporated entities and moral rights are involved. As a result, comics creators are frequently concerned about whether they are protecting themselves. There are many questions and no single place to find the answers—that is, until now. Entertaining as it instructs, this book seeks to provide those answers, examining the legal history of comics and presenting information in a way that is understandable to everyone. While not seeking to provide legal advice, this book presents the legal background in plain English, and looks at the stories behind the cases. Every lawsuit has a story and every case has lessons to be learned. As these lessons are explored, the reader will learn the importance of contracts, the basics of copyright and trademark, the precautions necessary when working with public domain characters and the effects of censorship.