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Author: Sanna Wolk
Publisher: Kluwer Law International B.V.
ISBN: 9041192654
Category : Law
Languages : en
Pages : 680
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Book Description
In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities. However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth. This second edition of the book considers thirty-four different jurisdictions worldwide. The book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. Among the issues and topics covered by the forty-nine distinguished contributors are the following: • different approaches in different law systems; • choice of law for contracts; • harmonizing international jurisdiction rules; • conditions for recognition and enforcement of foreign judgments; • employees’ rights in copyright, semiconductor chips, inventions, designs, plant varieties and utility models on a country-by-country basis; • employee remuneration right; • parties’ duty to inform; and • instances for disputes. With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.
Author: Sanna Wolk
Publisher: Kluwer Law International B.V.
ISBN: 9041192654
Category : Law
Languages : en
Pages : 680
Get Book Here
Book Description
In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities. However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth. This second edition of the book considers thirty-four different jurisdictions worldwide. The book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. Among the issues and topics covered by the forty-nine distinguished contributors are the following: • different approaches in different law systems; • choice of law for contracts; • harmonizing international jurisdiction rules; • conditions for recognition and enforcement of foreign judgments; • employees’ rights in copyright, semiconductor chips, inventions, designs, plant varieties and utility models on a country-by-country basis; • employee remuneration right; • parties’ duty to inform; and • instances for disputes. With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.
Author: Howard B. Rockman
Publisher: John Wiley & Sons
ISBN: 0471697397
Category : Law
Languages : en
Pages : 541
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Book Description
An excellent text for clients to read before meeting with attorneys so they'll understand the fundamentals of patent, copyright, trade secret, trademark, mask work, and unfair competition laws. This is not a "do-it-yourself" manual but rather a ready reference tool for inventors or creators that will generate maximum efficiencies in obtaining, preserving and enforcing their intellectual property rights. It explains why they need to secure the services of IPR attorneys. Coverage includes employment contracts, including the ability of engineers to take confidential and secret knowledge to a new job, shop rights and information to help an entrepreneur establish a non-conflicting enterprise when leaving their prior employment. Sample forms of contracts, contract clauses, and points to consider before signing employment agreements are included. Coverage of copyright, software protection, and the Digital Millennium Copyright Act (DMCA) as well as the procedural variances in international intellectual property laws and procedures.
Author: Laitos
Publisher: Wolters Kluwer
ISBN: 1543802362
Category : Law
Languages : en
Pages : 1344
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Book Description
Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition is a comprehensive, up-to-date review of the on-going battle between government's desire to regulate and limit private property use, and property owners' equally powerful desire to avoid economically damaging or unreasonable or unconstitutional limitations. Federal, state, and local governments often wish to restrict or condition uses of private property, while private property owners wish to avoid or seek compensation for such regulatory controls. This battle between property and regulation is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation, at both the federal and state level, has stemmed from questions surrounding the extent to which government may restrict or even prevent certain private property uses. The relevant law is constantly changing and evolving, so count on the Law of Property Right Protection to bring you completely up to date. The book is organized according to the many ways that government powers over private property are limited, by the federal and state constitutions, the common law, and equitable principles and has been cited by the United States Supreme Court, federal courts, and state appellate courts. Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition: Analyzes relevant and current case law, and identifies (1) which challenges by private property owners were successful, (2) what facts seemed compelling to reviewing courts considering property-restrictive regulations, and (3) what arguments by property owners tend to fail in the eyes of reviewing courts. Offers advice on which property-protective provisions in constitutional law maximize the likelihood of a successful challenge to restrictive regulations, as well as advice on how to mount a legal challenge which will not be dismissed on jurisdictional or procedural grounds. Considers all of the primary limitations on government regulations of property - Takings; Due Process; Contracts Clause; Equal Protection; the Vested Rights Doctrine; Anti-Retroactivity Presumptions; Internal Limits on the Police Power Includes the full range of property interests - such as real property; contract rights; leasehold rights; unpatented mining claims; water rights; intellectual property; rights of access and entry; royalty rights; all forms of intangible property interests Using Laitos' strategic approach, and easy-to-follow organization, this book will help you formulate arguments and challenges which may overcome or invalidate onerous regulations on the use and enjoyment of private property. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, ISBN 9780735501522
Author: World Intellectual Property Organization
Publisher: Kluwer Law International
ISBN: 9789041160935
Category : Law
Languages : en
Pages : 593
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Book Description
Publisher's description: The intensification of globalization and the exponential growth of the creative economy have dramatically highlighted the importance of intellectual property (IP) to ensure freedom of competition and respect for honesty in trade. Additionally, the assets covered by IP are of crucial importance for social, technological, and economic development. This hugely valuable guide, written by specialists in the Secretariat of the World Intellectual Property Organization (WIPO), and now in its updated and expanded second edition, pays particular attention to the subject of international cooperation in IP, including discussion of the principal multilateral treaties which deal with its protection, and to the role of IP in cultural, economic, and technological development.
Author: Hong Xue
Publisher:
ISBN: 9789041133823
Category : Intellectual property
Languages : en
Pages : 0
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Book Description
The book provides a clear overview of intellectual property legislation and policy, and atthe same time offers practical guidance on which sound preliminary decisions may bebased. Lawyers representing parties with interests in China will welcome this very usefulguide, and academics and researchers will appreciate its value in the study of comparativeintellectual property law.
Author: John G. Sprankling
Publisher: OUP Oxford
ISBN: 0191502529
Category : Law
Languages : en
Pages : 457
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Book Description
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.
Author: Bronwen Leroy
Publisher:
ISBN: 9780409338102
Category : Real property
Languages : en
Pages :
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Book Description
Author: Michael G. Bridge
Publisher:
ISBN: 9780414098152
Category : Personal property
Languages : en
Pages : 0
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Book Description
Author: John A. Lovett
Publisher:
ISBN: 9781611630770
Category : Property
Languages : en
Pages : 0
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Book Description
Louisiana Property Law: The Civil Code, Cases, and Commentary is the first new case book in its field in more than a generation. Authored by three experienced scholars from Louisiana, this book presents classic and current cases in a rich contextual setting informed by contemporary property scholarship from the United States and abroad. After introducing the origins and sources of Louisiana property law, each chapter situates Louisiana property jurisprudence in its codal and doctrinal context. In addition to explaining the history, structure, and meaning of relevant provisions of the Louisiana Civil Code and ancillary statutes, the book introduces readers to property texts from mixed jurisdictions such as Québec, South Africa, and Scotland, and compares Louisiana and common law property institutions. In light of this comparative approach, the book will appeal to scholars interested in alternative regulatory models for the law of property. Specific topics include: Sources of Louisiana Property Law (Chapter 1); Ownership, Real Rights, and the Right to Exclude (Chapter 2); The Division of Things (Chapter 3); Classification of Things--Of Movables and Immovables, Corporeals and Incorporeals (Chapter 4); Voluntary Transfers of Ownership (Chapter 5); Accession (Chapter 6); Acquisition of Ownership through Occupancy (Chapter 7); Possession and the Possessory Action (Chapter 8); Acquisitive Prescription with Respect to Immovables (Chapter 9); Vindicating Ownership through Real Actions (Chapter 10); Co-Ownership (Chapter 11); Usufruct (Chapter 12); Natural and Legal Servitudes (Chapter 13); Conventional Predial Servitudes (Chapter 15); Limited Personal Servitudes--Habitation and Right of Use (Chapter 15); and Building Restrictions (Chapters 16).
Author: Graeme B. Dinwoodie
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1496
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Book Description
This clearly-written casebook discusses public international intellectual property law (the obligations regarding intellectual property protection undertaken and imposed on states) found in treaties and similar instruments. It also includes extensive discussion of the acquisition and enforcement of intellectual property rights internationally by private rights holders. This latter discussion encompasses treatment of international and regional industrial property registration agreements. The authors include materials relating to all forms of intellectual property: patents, copyrights and related rights, trademark and unfair competition, trade secrets, geographical indications, and industrial designs.
