Understanding Property Law

Author: W. T. Murphy,Simon Roberts

Publisher: N.A

ISBN: 9780421634909

Category: Property

Page: 273

View: 1888

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This book explains how British property law works in today's ever-changing commercial climate, and examines the impact of new technology, new precedent and European rulings on legal interpretation.

The Boundaries of Australian Property Law

Author: Hossein Esmaeili,Brendan Grigg

Publisher: Cambridge University Press

ISBN: 1107572657

Category: Law

Page: 400

View: 4588

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The Boundaries of Australian Property Law offers a unique perspective on real property law in Australia. As the overwhelming majority of land interests in Australia now fall under the Torrens title system, this book's particular focus on the development and operation of the Torrens system in Australia is both timely and welcome. Addressing the prescribed Priestly 11 requirements for a property law subject in Australia, this informative and academically rigorous book includes carefully selected statutory material and case law from all Australian jurisdictions, as well as the United Kingdom. The general law system is also discussed and referred to where necessary, to give context and depth to the analysis of real property law. Written by prominent real property law academics from law schools around Australia, and edited by Hossein Esmaeili and Brendan Grigg, this text is a modern and much-needed addition to real property law literature.

Understanding Intellectual Property Law

Author: Donald S. Chisum,Tyler T. Ochoa,Shubha Ghosh,Mary LaFrance

Publisher: LexisNexis

ISBN: 1579111432

Category: Law

Page: 828

View: 7581

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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.

Understanding Property

A Guide to Canada's Property Law

Author: Marjorie Lynne Benson,Marie-Ann Bowden,Dwight Gordon Newman

Publisher: Carswell Legal Publications

ISBN: 9780779813667

Category: Law

Page: 222

View: 3428

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"This practical guide provides a succinct overview of the principles of the common law of property in Canada's common law provinces and territories and a guide to the history and fundamental principles of Aboriginal title. This 2nd edition incorporates new and leading cases in real and personal property in context with statutes from across Canada highlighting intervening changes in the law since the publication of the first edition."--publisher.

The Constitutional Protection of Private Property in China

Historical Evolution and Comparative Research

Author: Chuanhui Wang

Publisher: Cambridge University Press

ISBN: 1316467902

Category: Law

Page: 355

View: 4097

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This timely book reviews the changes in legal reform around the constitutional protection of private property in China since 1949. Using a comparative approach, it analyses the development of property theories and the various constitutionalisation models and practices of private property in representative countries including the United States, Canada, Germany, India and China. It also explores the interwoven social forces that have been driving the evolution of the constitutional protection of private property in China. By comparing China with the United States, Germany and India, the author reveals the unfairness, unjustness and insufficiency in China's application of three constitutional doctrines – public use, just compensation and due process or procedure. The book concludes by predicting future progress and suggests feasible measures for gradual reform that will be compatible with China's existing political system.

Cases, Materials and Text on Property Law

Author: Sjef van Erp,Bram Akkermans

Publisher: Bloomsbury Publishing

ISBN: 1847319823

Category: Law

Page: 1252

View: 3923

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This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.

Property Law and Social Morality

Author: Peter M. Gerhart

Publisher: Cambridge University Press

ISBN: 1107006457

Category: Law

Page: 332

View: 9753

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Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other. By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights (when no obligation to another exists) and defines the scope of those rights (when an obligation to another does exist). By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time. The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights.

Property Rights, Economics and the Environment

Author: Michael D. Kaplowitz

Publisher: Routledge

ISBN: 1135697159

Category: Business & Economics

Page: 336

View: 8258

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This book explores how discussions of environmental policy increasingly require scholars and practitioners to integrate legal-economic analyses of property rights issues. An excellent array of contributors have come together for the first time to produce this magnificent book.

Property Law For Dummies

Author: Alan R. Romero

Publisher: John Wiley & Sons

ISBN: 1118503228

Category: Law

Page: 384

View: 1710

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The easy way to make sense of property law Understanding property law is vital for all aspiring lawyers andlegal professionals, and property courses are foundational classeswithin all law schools. Property Law For Dummies tracks to atypical property law course and introduces you to property law andtheory, exploring different types of propertyinterests—particularly "real property." In approachable For Dummies fashion, this book gives you abetter understanding of the important property law concepts andaids in the reading and analysis of cases, statutes, andregulations. Tracks to a typical property law course Plain-English explanations make it easier to grasp property lawconcepts Serves as excellent supplemental reading for anyone preparingfor their state's Bar Exam The information in Property Law For Dummies benefitsstudents enrolled in a property law course as well as non-students,landlords, small business owners, and government officials, whowant to know more about the ins and outs property law.

The International Law of Property

Author: John G. Sprankling

Publisher: OUP Oxford

ISBN: 0191502529

Category: Law

Page: 400

View: 6217

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Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

EC and UK Competition Law

Commentary, Cases and Materials

Author: Maher M. Dabbah

Publisher: Cambridge University Press

ISBN: 9780521604680

Category: Law

Page: 725

View: 8075

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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.

Understanding Biotechnology Law

Protection: Licensing and Intellectual Property Policies

Author: Gale R. Peterson

Publisher: CRC Press

ISBN: 9780824789350

Category: Science

Page: 496

View: 660

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Detailing the intellectual-property aspects of biotechnology law - from initial identification and reporting through licensing - this comprehensive reference explains the rules, regulations and procedures typically encountered by researchers in the development of their innovations.;Focusing on the fundamental legal concepts that should be understood by scientists, academicians and technicians working in the field, Understanding Biotechnology Law: considers the role of the inventor in the preparation of a patent application; describes the patent application process from discovery of an invention to issuance of a patent; discusses the law governing ownership of laboratory discoveries and products; examines intellectual-property policies, research agreements, consulting agreements, and conflicts of interest; presents the rules for determining inventorship; reviews patent infringement laws, including claim interpretation, literal infringement, and infringement under the doctrine of equivalents; and outlines modern license agreements, providing the principal terms encountered in biotechnology licenses.;Written by authorities in the field, Understanding Biotechnology Law is a reference for molecular and cell biologists, microbiologists, virologists, bioprocess technologists, biochemists, food scientists and technologists, pharmacologists, and pharmacists.

New Instruments in Spatial Planning

An International Perspective on Non-financial Compensation

Author: Leonie Janssen-Jansen,Marjolein Spaans,Menno van der Veen

Publisher: IOS Press

ISBN: 1586039784

Category: Social Science

Page: 258

View: 1175

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New Instruments in Spatial Planning addresses the topic of transferring development opportunities between areas in planning practice by a debate between academics, lawyers and planning practitioners at an international planning symposium in Annapolis, MD, USA and the Van Doorne-Habiforum conference on Transferable Development Rights a year later. The idea of transferring development opportunities between areas is more than only the transfer of development rights. It relates more to compensation: not in money, but in a non-financial perspective. A comparative study on non-financial compensation was started, funded by Habiforum and linked to a number of research projects, such as Van Der Veens and Spaans research funded by the Delft Centre for Sustainable Urban Areas and Janssen-Jansens research funded by the Dutch Scientific Organization NWO-STIP. The chapters in this publication are representative of a close cooperation between planners, economists and lawyers from both science and planning practice. The exchange of knowledge within the framework of this book has arisen from divergent paths.

Empirical Studies in Institutional Change

Author: Lee J. Alston,Þráinn Eggertsson,Thrainn Eggertsson,Douglass C. North

Publisher: Cambridge University Press

ISBN: 9780521557436

Category: Business & Economics

Page: 360

View: 1498

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This collection of empirical studies analyses historical and contemporary institutions and institutional change in various parts of the world.

Protecting Your Intellectual Property Rights

Understanding the Role of Management, Governments, Consumers and Pirates

Author: Peggy E Chaudhry,Alan Zimmerman

Publisher: Springer Science & Business Media

ISBN: 1461455685

Category: Business & Economics

Page: 230

View: 2806

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Counterfeit products represent a growing problem for a wide range of industries. There are many estimates of the size of this problem most of which coalesce around $500-billion annually on a global basis. Overall, a wide range of industries agree that there is a severe problem with the global protection of intellectual property rights (IPR), yet, there have been virtually no attempts to describe all aspects of the problem. This book aims at giving the most complete description of various characteristics of the intellectual property rights (IPR) environment in a global context. The authors believe a holistic understanding of the problem must include consumer complicity to purchase counterfeit, actions of the counterfeiters (pirates) as well as actions (or inaction) by home and host governments, and the role of international organizations and industry alliances. Only after establishing how all the actors in the IPR environment relate to one another can we describe global protection of the intellectual property rights environment and the managerial response of IPR owners and/or industry associations to combat this ongoing problem. The book concludes with pragmatic recommendations for protecting intellectual property given the recent trends discussed in the previous chapters, making it of interest to practitioners and policy-makers alike.

Property Law

Author: D. Benjamin Barros,Anna P. Hemingway

Publisher: Wolters Kluwer Law & Business

ISBN: 1454847794

Category: Law

Page: 1136

View: 4490

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An innovative Property casebook that re-imagines the law school casebook format. Covering all the major topics included in a basic 1L Property course, Property Law looks more like an undergraduate textbook than a traditional law school casebook, making use of sidebars, illustrations, and other design devices to present material more clearly. The authors present concepts simply, then move the discussion toward complexity--the opposite of the approach taken by many current texts. Clear yet sophisticated, the casebook is the perfect choice for all skill levels. Including problems that students can and should be able to do on their own, explanatory answers, and skills-based exercises, this casebook is both professor-friendly and student-friendly. Themes that run through the course are highlighted throughout the book, resulting in a casebook that clearly presents the fundamentals of property law. This allows students to develop an understanding of basic concepts on their own while allowing professors to assist their students in developing an advanced understanding of property law. Key Features: Starts from simplicity and moves to complexity: The book first provides text that explains the basic doctrine, then presents a simple case example, and finally moves to more complex issues. Cases are introduced with explanatory text discussing the law and issues surrounding the case. This radically different approach from most other casebooks allows students to have a better grasp of the concepts and themes before they even read the case. Includes problems and exercises that students can complete on their own, with explanatory answers included in an appendix. Innovative design aids student learning, with sidebars, diagrams, charts, and illustrations that make concepts clearer to students. Cases are used as examples, not introductions to legal rules. Many topics in the book feature introductory text, illustrations, and problem sets before a single case is introduced, to aid in students' legal learning. Includes sample documents, helping students to understand core concepts. Perfect for a four-credit course, the book also features a modular design that can be used in courses of varying credit size.

Laws of Creation

Property Rights in the World of Ideas

Author: Ronald A. Cass,Keith N Hylton

Publisher: Harvard University Press

ISBN: 0674067649

Category: Law

Page: 266

View: 7730

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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.


Understanding EU Law

Objectives, Principles and Methods of Community Law

Author: Norbert Reich

Publisher: Intersentia nv

ISBN: 9050953247

Category: Law

Page: 366

View: 7147

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This unique book is not an introduction to European Law. It provides an understanding of methodology, objectives and principles of EU law. It tries to explain its legal peculiarities, particularly with regard to the concept of internal market. It takes as starting point its liberal roots enshrined in the free movement, competition and autonomy provisions, but focuses equally on the development of countervailing principles about citizenship, adequate standards, and governance. It refers selectively to important secondary law, in particular directives, and to leading cases of the European Court of Justice. It is directed at all law scholars, students, practitioners, political scientists, in the old and new Member countries of the EU as well as third countries who want to understand what EU law is all about. It will allow the reader a first orientation, without suffocating him or her in too much detail.