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Law of Contract
"A contract may be defined as an agreement between two or more persons which is legally enforceable. Two or more minds will have come together and agreed upon the doing of prescribed acts by each of them. The contract can be wholly in writing or wholly oral. Or it can be a mixture of oral and written terms. A contract can even be made by gesture (as where a shopper buys goods in a shop without an exchange of words with the retailer)."Understanding contract law is essential to conducting effective business and legal practice. Law of Contract provides a clear and comprehensive discussion of the principles governing contracts. The authors outline the principles applicable to the formation, inte...
Recreating Creativity, Reinventing Inventiveness
As artificial intelligence (AI) is increasingly used to generate inventions and creative works, a critical question to be addressed is whether intellectual property (IP) laws should protect such works. This book examines the critical question of whether intellectual property laws should protect works generated by artificial intelligence. If we do not wish to use IP laws to protect such works, how can we still support research, development, and innovation in society? If we do wish to use IP laws to protect such works, should the copyright, patents, and other IP rights attach to the human creator of the AI technology or the AI system? The book explores these compelling societal, economic, and legal issues. The authors evaluate the continuing relevance of existing laws, explore the divergent approaches being debated by nations around the world, and present visions for change. The book will enable both lawyers and non-lawyers to reimagine governance frameworks to create laws that equitably balance the interests of creators, investors, and end users of AI-generated works.
Marketing Law
Marketing Law covers Australian and applicable international laws applying to manufacturing, packaging, labelling, advertising, promotion, pricing and the sale of goods and services. The authors outline the applicable legal principles and legislation, and cover the extensive case law, with extracts of critical cases.There are 12 chapters: The Expression of Ideas - Copyright, Branding, Designs and Inventions, Consumer Protection, Defamation, Confidential Information, Unfair Selling Practices, Product Liability, Arrangements Restricting Competition, Exclusive Dealing, Misuse of Market Power, and Insurance.Topics covered include:statutory frameworks applying to copyright, designs, trade marks and patents; the common law tort of passing off applying to unfair selling practices; confidential information; potential defamatory liability; legislation in relation to product quality and liability; trade practices laws and the responsibilities of marketers; restrictive trade practices, with specific emphasis on the prohibitions on arrangements restricting competition, exclusive dealing and misuse of market power.
Research Handbook on Oil and Gas Law
What does the future hold for oil and gas, what can we learn from the past and what role does law have to play in this? Using a unique temporal lens, this Research Handbook examines core themes in oil and gas regulation from historical, contemporary and forward-looking perspectives.
Law, Regulation and Governance in the Information Society
This edited collection seeks to map the landscape of contemporary informational interests, to evaluate a range of recognised and putative rights and wrongs associated with modern information societies, and to consider how law, regulation, and governance should be deployed in response. New technologies and new applications constantly disrupt our values, our framing of our world, and our sense of where we are and who we are. In our ‘information societies’, we entertain mixed hopes and expectations, as well as significant fears and concerns. At the root of these, there are a number of informational interests, on the basis of which certain rights are claimed and particular wrongs denounced. ...
Technology and Corporate Law
In light of the overwhelming impact of technology on modern life, this thought-provoking book critically analyses the interaction of innovation, technology and corporate law. It highlights the impact of artificial intelligence and distributed ledgers on corporate governance and form, examining the extent to which technology may enhance or displace conventional theories and practices concerning corporate governance and regulation. Expert contributors from multiple jurisdictions identify themes and challenges that transcend national boundaries and confront the international community as a whole.
Research Handbook on Intellectual Property and Artificial Intelligence
This incisive Handbook offers novel theoretical and doctrinal insights alongside practical guidance on some of the most challenging issues in the field of artificial intelligence and intellectual property. Featuring all original contributions from a diverse group of international thought leaders, including top academics, judges, regulators and eminent practitioners, it offers timely perspectives and research on the relationship of AI to copyright, trademark, design, patent and trade secret law.
Transnational Legality
International law can be created by other means than treaties between states. This book investigates the philosophical questions posed by the treatment of international arbitration as law, such as those relating to sovereignty and territoriality, and sets out conditions which international arbitration must meet in order to form legitimate law.
The Cambridge Handbook of Intellectual Property and Social Justice
Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.
Research Handbook on Intellectual Property Exhaustion and Parallel Imports
From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.
