The constitutional entrenchment and protection of property rights has always been a difficult and controversial issue. This new and unique work is more than a collection of cases on constitutional property law, it is an in-depth comparison of constitutional property clauses in jurisdictions around the world. The book consists of three parts: the first chapter contains a general discussion of comparative, theoretical, and analytical issues. The second part consists of eighteen chapters on jurisdictions where the property clause has generated substantial case law and jurisprudence, meriting extensive analysis and discussion. Among the countries discussed are Australia, Japan, Canada, Germany, Switzerland and South Africa. For easy reference the structure of these country-by-country chapters is identical. These chapters not only contain practical, useful legal information but also a normative interpretation of constitutional property clauses in their national and international context. The third and final part of the book contains a collection of 86 property clauses from jurisdictions not included in the country reports. The focus of the book is on comparison, and cross-references assist the reader in finding related cases and issues in other jurisdictions. The book will be of interest to private and public lawyers engaged in international trade and business practices, as well as to scholars of comparative (constitutional) law.
nternational Intellectual Property: A Handbook of Contemporary Research aims to provide researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex field. The book combines doctrinal analysis with ground-breaking theoretical research by many of the most recognised experts in the field. At its core, it offers overviews of the structure and content of the two instruments that can undoubtedly be considered historically as the most important intellectual property treaties, namely the Berne Convention on the Protection of Literary and Artistic Works and the Paris Convention on the Protection of Industrial Property. Several chapters also discuss parts of the TRIPS Agreement. This important book will prove a valuable resource for students and academics of international intellectual property wishing to obtain useful knowledge of current issues such as, conflicts between IP (especially patents and trademark) rights, geographical indications, protection of luxury brands, orphan works and innovation.
The past 20 years have seen a revolution in the way that we live, socialise and do business around the globe. Borders and barriers have fallen, giving consumers of digital information unlimited sources of data. The Internet has created a universe of convenience for the consumer. Just as society evolves, so too must the law. The sharing of online content creates challenges for IP law, well beyond the scope of the pre-digital era. Content containing intellectual property can be shipped instantaneously around the world with the click of a mouse. We face a modern problem that our technological world accelerates at a rate that can leave our IP framework in the dust. We have seen these examples played out in the music and film industries, as well as in the electronic book publishing industry. We have also come to see that the enforcement of IP rights in cyberspace gives rise to unique cross-border enforcement issues. Edited by Neville Cordell, IP partner at international law firm Allen & Overy, this guide contains analysis and guidance on how IP laws are applied to the Internet in 19 major jurisdictions worldwide, including chapters from leading experts at Herbert Smith Freehills, Norton Rose Fulbright, Clifford Chance, Quinn Emanuel and Kim & Chang. Chapters explore, on a comparative basis, the means of protection for a range of online content offered by copyright and database rights, trademarks and patents, considering issues such as infringement, liability, possible exemptions and remedies including disclosure orders against internet service providers. This exciting new title is essential reading for lawyers, in-house counsel, media and business professionals who must deal with the challenges of managing digital intellectual property and wish to understand how best to protect such works from infringement internationally.
The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.
How To Make A Living From Property is a step-by-step guide to property investment. From buying and renovating a property to the skills needed to be a landlord
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