Intellectual property rights (IPRs), conventionally seen as quite distinct, are increasingly overlapping with one another in Europe. There are several reasons for this: the expansion of IPRs beyond their traditional borders, the creation of new IPRs at the EU level, the exploitation of gaps in the law by shrewd lawyers, and the use of unfair competition as an alternative when IPRs are either not available at all or have expired. The convergence of several IPRs on the same subject-matter poses a problem. As they are normally envisaged as water-tight categories, there are very few rules which cater for the sort of regime clash that any overlap of IPRs necessarily entails. This book's examines the appropriate rules to regulate overlaps and thereby avoid regime conflicts and undue unstructured expansion of IPRs. The book looks at the practical consequences of each overlap at the international, European, and national levels (where the laws of France, the UK, and Germany are reviewed). It then analyzes the reasons for the prohibition or authorization of overlaps. This analysis enables the determination of criteria that can be used to (re)map the overlaps to achieve appropriateness and legitimacy. The overarching principle - which guides this mapping exercise, and which is common to all IPRs - is that of free competition; IPRs are an exception to this principle, though a public domain must exist.
This book constitutes volume two of a two volume examination of development community land issues in Southern Africa. Following from volume one Southern African Development Community Land Issues, this book considers the possibility of a new, sustainable land relations policy for Southern African Development Community States (SADC) that are currently mired up in land disputes that have become subject of domestic, regional and international tribunals. Chigara demonstrates that land relations in the SADC have always been, and will perhaps remain, a matter for constitutional regulation. Because constitutional laws are distinctive from other laws only by constitutional design, legal contests appear to be the least likely means for settlement in the sub-region. Only human rights inspired policies, that respond to the call for social justice by acknowledging both the current and the underlying contexts to the disputes, hold the most potential to resolve these disputes.
The book recommends efficient pedagogical counter-apartheid-rule psychological distortions regarding the significance of human dignity (PECAPDISH) as a pre-requisite and corollary to the dismantling of the salient physical legacy of apartheid-rule in affected SADC States. The book shows that PECAPDISH's potential and benefits would be enormous.
The book will be of interest to students and researchers of Property and Conveyancing Law, Human Rights Law, and Land Law.
This book explains China's intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China's compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author's critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel's property theories internalizes a theoretical paradox.
"Professor Wenwei Guan's treatment of intellectual property law and practice in the PRC offers new perspectives that enrich an already active field of study . . . This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China's intellectual property protection system and the broader process of China's international engagement."
- Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada
"Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS's 'birth defect' can be overcome and its evolution can be put back on the right track."
- Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University
Emphasizing the importance of culture in making cross-national business decisions
The Third Edition of International Management: A Cultural Approach describes the functions of management-planning, organizing, staffing, coordinating, and controlling-in an international cross-cultural context and addresses the impact of differing national cultures on the functions of management. With an abundance of practical illustrations, exercises, and case studies, author Carl Rodrigues provides a unique cross-cultural theoretical framework for conducting international business management. This novel text prepares students and future managers to be successful in the world of international business.
Key Features of the Third Edition
Instructor Resources on CDÃ¿are available to qualified adopters of International Management, Third Edition. They contain teaching notes; answers to questions, exercises, and chapter integrative cases; and a test bank that includes multiple-choice, true-false, and suggested essay questions, as well as the answers. Qualified instructors may request a copy by contacting Customer Care at 1-800-818-SAGE (7243) from 6 am - 5 pm, PST.
Intellectual property has rapidly become one of the most important, as well as most controversial, subjects in recent years amongst productive thinkers of many kinds all over the world. Scientific work and technological progress now depend largely on questions of who owns what, as do the success and profits of countless authors, artists, inventors, researchers and industrialists. Economic, legal and ethical issues play a central role in the increasingly complex balance between unilateral gains and universal benefits from the "knowledge society". Economics, Law and Intellectual Property explores the field in both depth and breadth through the latest views of leading experts in Europe and the United States. It provides a fundamental understanding of the problems and potential solutions, not only in doing practical business with ideas and innovations, but also on the level of institutions that influence such business. Addressing a range of readers from individual scholars to company managers and policy makers, it gives a unique perspective on current developments.
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