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Implied Licences in Copyright Law
A person can lawfully engage in an act restricted by copyright if they have the licence of the copyright owner or if their actions are covered by a statutory exception. However, if a person has the benefit of neither of these, it may still be possible to imply a copyright licence to respond to copyright infringement. In contrast to the rigidity of the statutory exceptions, implied licences are more malleable in being able to respond to a diverse set of circumstances, as the need arises. Thus, implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of the copyright owners and content users, especially in today's dynamic technological env...
Implied Licences in Copyright Law
This book develops a systematic way of implying copyright licences and analyses the existing case law in light of these proposed frameworks to demonstrate how the court's reasoning can be made methodical and transparent, testing the methodology in relation to three essential functions on the internet - browsing, hyperlinking, and indexing.
Foundations of Indian Contract Law
This new volume analyses the central doctrines and concepts of Indian contract law and provides guidance on the interpretation of the Indian Contract Act 1872 by examining its historical, philosophical, and comparative foundations. Featuring contributions from practitioners and academics from around the world, the book follows a methodology carefully calibrated to address the shortcomings in traditional Indian contract law scholarship. The primary presuppositions of this methodology are that: (a) the answers to many difficult questions of Indian contract law can be found in the history of the Contract Act; and (b) while it is difficult to understand the Contract Act other than against the ba...
Merze Tate
A powerful and inspiring biography of Merze Tate, a trailblazing Black woman scholar and intrepid world traveler Born in rural Michigan during the Jim Crow era, the bold and irrepressible Merze Tate (1905–1996) refused to limit her intellectual ambitions, despite living in what she called a “sex and race discriminating world.” Against all odds, the brilliant and hardworking Tate earned degrees in international relations from Oxford University in 1935 and a doctorate in government from Harvard in 1941. She then joined the faculty of Howard University, where she taught for three decades of her long life spanning the tumultuous twentieth century. This book revives and critiques Tate’s p...
A Critical Introduction to Intellectual Property Law
This highly accessible and engaging introduction to IP law encourages readers to critically evaluate the ownership of intangible goods. The rigorous pedagogy, featuring many real-world cases, both historical and up-to-date, full colour images, discussion exercises, end-of-chapter questions and activities, allows readers to engage fully with the philosophical concepts foundational of the subject, while also enabling them to independently analyse key cases, texts and materials relevant to IP law in the contemporary world. This innovative textbook, written by one of the leading authorities on the subject, is the ideal route to a full understanding of copyright, patents, designs, trade marks, passing off, remedies and litigation for undergraduate and beginning graduate students in IP law.
Fairness, Morality and Ordre Public in Intellectual Property
This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit intellectual property rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts.
A Critical Mind
This book traces the academic footprint of Hanns Ullrich. Thirty contributions revolve around five central topics of his oeuvre: the European legal order, competition law, intellectual property, the regulation of new technologies, and the global market order. Acknowledging him as a trailblazer, the book aims to capture how deeply Hanns Ullrich has influenced contemporaries and subsequent generations of scholars. The contributors re-iterate the path-breaking patterns of his teachings, such as his contemplation of intellectual property as embedded in competition, the necessity of balancing private and public interests in intellectual property law, the policies of market integration, and the peculiar relationship of technological advancement and protectionism.
Intellectual Property and Emerging Technologies
This book evaluates issues and challenges emerging from the interaction between intellectual property (IP) and new technologies, namely artificial intelligence (AI), big data, social media, internet of things (IoT), metaverse, blockchain, video gaming, and voice cloning. New technologies have not only shaken the current IP system but show the limits of a framework which was designed more than three centuries ago. As technological innovations have rendered some established IP rules and principles difficult to apply, new approaches are required to adequately respond to ensuing challenges. This volume uses existing case studies and prevailing court decisions to underline the dynamic of the current system. It proposes adjustments to accommodate new technologies within the current IP structure. The book reflects on the challenges created by new technologies and explores alternative ways to respond to these issues. This book will assist IP experts, academics, professionals, and policy makers in their undertakings to understand various issues generated by new technologies. It will also be of interest to researchers in the field of IP law and the law of emerging technologies.
Small Business Management and Entrepreneurship in Hong Kong
The case studies are topically diverse, and span a range of managerial functions and sectors. This casebook is an anthology of 28 cases from the series. The cases are written with a strong management perspective to offer a practical and interesting look at how successful entrepreneur-managers in Hong Kong systematically generate innovations in the shape of successful new products, services, processes and technologies when faced with various organizational and environmental challenges. They constitute a comprehensive self-contained course of study; each case can also be considered on its own.
Copyright and Collective Authorship
Addresses the difficult question of how to determine the authorship, and ownership, of copyright in highly collaborative works.
