Emerging Markets and the World Patent Order

Edward Elgar Publishing
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The patent has emerged as a dominant force in 21st century economic policy. This book examines the impact of the BRICS and other emerging economies on the global patent framework and charts the phenomenal rise in the number of patents in some of these cou
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Additional Information

Publisher
Edward Elgar Publishing
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Published on
Dec 27, 2013
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Pages
448
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ISBN
9781783471256
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Best For
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Language
English
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Genres
Law / Administrative Law & Regulatory Practice
Law / Intellectual Property / Patent
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Content Protection
This content is DRM protected.
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Eligible for Family Library

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A practical approach to the modern management of intellectual property

The world has changed significantly in the past decade, resulting in new behavior and practice related to the ownership and management of intellectual property. This book helps executives, attorneys, accountants, managers, owners, and others understand the legal, technological, economic, and cultural changes that have affected IP ownership and management. It provides case studies, practical examples and advice from seasoned and enduring professionals who have adopted new and streamlined methods and practices whether as in-house or outside counsel, or service providers.

Provides a practical yet global approach to corporate IP management Serves as a resource for in-house and outside counsel, executives, managers, accountants, consultants and others at mid-size and large corporations Helps professionals navigate the numerous new challenges that have changed the ways in which intellectual property is obtained and managed Details the latest trends in valuation, exploitation, and protection of intellectual property Extensive coverage of the legal, financial, accounting and general business aspects of intellectual property The combined expertise of lawyers, accountants, economists and other business professionals

Timely and relevant in view of the global economic recession amidst rampant technological development, this book offers new solutions, practices, policies and strategies as a result of changes in economies and markets, laws, globalization, environment, and public perception.

INTERNATIONAL BUSINESS LAW: CASES AND MATERIALS is a timely and useful book. Uncounted millions of “international” transactions occur daily, as goods and services are purchased across the national boundaries of some 200 political units. Capital flows from nation to nation, and so—to a lesser extent—do jobs, as companies seek more favorable locations for their business operations. The “rules” (laws) governing these exchanges quickly become complex, as persons (and governments) from different countries are involved. If problems arise in a cross-border relationship, whose rules apply? What forums are available to resolve disputes? Are there tax implications to the transaction? If so, where? These and similar questions need to be factored into the decision to “go overseas.”

Each of the six chapters in this book begins with a brief overview of the subject-matter, followed by short previews of the chosen case examples. The primary content of the chapters consists of some 120 court and arbitration decisions in real disputes, between real parties. The actual text of the decisions in these cases has been edited; some excerpts are quite brief, others are more substantial. Most “background” facts have been summarized by the author, but the edited-decision part of each case is quoted from the actual recorded text of the court or arbitrator who decided it. Clearly, a minute sample from tens of thousands of cases cannot provide comprehensive coverage of what all the world’s legal rules are. Our objectives here are simply to indicate some of the major potential “flash points” of doing international business, to illustrate some of the significant differences in the applicable legal rules, and to provide an exposure to the language and process by which international business disputes are resolved. “Fore-warned is fore-armed.” Being aware of these potential trouble spots, a sensible business manager will presumably consider them in making the decision to engage in cross-border transactions, and take appropriate steps to avoid or minimize potential adverse consequences.

Chapter I of this book introduces International Law—its course of development and its two major sources (custom and treaties). Chapter II examines the use of national and international courts and arbitrators to resolve cross-border disputes. Chapter III provides basic coverage of the United Nations Convention on Contracts for the International Sale of Goods: when it applies, how the sale contract is formed, when risk of loss on the goods passes from Seller to Buyer, and what responsibilities the Seller has for the quality of the goods sold. Chapter IV looks at some of the legal questions that might arise in conducting cross-border commercial operations—employment issues, intellectual property issues, and investment issues. Chapter V considers potential questions regarding taxation of international activities, and the regulation of adverse environmental effects. Chapter VI reviews the efforts by national governments to apply their competition regulations to international business transactions, and the difficulties that private parties might have in attempting to enforce legal claims against governments and their agencies. While these are surely not the only legal issues that might arise in connection with international business, they do constitute a significant set of concerns of which managers need to be aware as they venture into the international “stream of commerce.”

In this fifth edition of his bestselling classic, Jay Feinman provides an authoritative and up-to-date overview of the American legal system. In the years since the publication of the fourth edition, there have been many important developments on the legal front. The Supreme Court has issued important decisions on presidential powers, freedom of religion, and personal liberty. Police shootings and the rise of Black Lives Matter has impacted the court system too. The rise of arbitration at the expense of jury trials has affected the rights of consumers, and internet law remains in a state of constant change. This fully updated fifth edition of Law 101 accounts for all these developments and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To illustrate how the legal system works, Feinman draws from noteworthy, infamous, and even outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is understanding legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, Feinman reveals to readers of all kinds that despite its complexities and quirks, the law can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system.
Dear Prospective Examinee:

Welcome to the exciting world of Customs!  Customs Broker is a licensed profession.  Passing the Customs Broker Examination is a prerequisite for individual’s Customs Broker license.  Passing is not easy, and many exam takers do not pass.  The primary challenge lies not in the difficulty of questions themselves, but in the amount of time customs examiners allocate to examinees.  My interaction with students with little or no customs experience shows that everyone is able to understand some of the most difficult questions.  This means it is not the difficulty of questions, but rather the amount of time provided, which leads many not to pass.  The problem, therefore, lies in time management!  Fortunately, this can be corrected.  But such correction requires dedication and practice.  Many questions you will see on exam are similar to those questions asked in previous exams.  Some are even identical.  Examinee who sees a familiar question on the exam is likely to spend less time to answering it.  This means more time being left to answer more difficult and less familiar questions, resulting in a greater likelihood of success. 

Exercise Book is designed to do just that: to help examinees pass the Customs Broker Exam.  The approach is very simple.  We take the very questions that examiners have asked before, and provide rationale for their answers.  The rationale - or reasoning - cause examinees to revisit topics tested while providing the structure and organization.  The structure helps to build a framework that can be applied to variety of questions.  During the exam, even if examinee does not recall the structure, the familiarity with the question would help.  Exercise Book consists of: Table of Contents; Table of Questions; Table of Topics; Approach to Answering Questions; Practice Exam Questions; and Practice Exam Answers.  Exercise Book is supplemented with video discussions and supplemental reading on the internet, through Web Supplements at LawCustoms.com/eb.

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