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Author: Akorede Folarin Publisher: ISBN: Category : Languages : en Pages : 24
Book Description
The Mareva and Anton Piller injunctions have been repeatedly criticized as constituting flagrant disregard for the rights of defendants because the orders are often granted at the pre-trial stage in ex parte hearings, without the defendants having the opportunity to defend themselves before some of their rights are temporarily upended as a result of the orders, and before a case is made out against them and their liability is established. It is for this reason that Lord Donaldson famously described the two orders as the law's "nuclear weapons". This paper analyzes and presents the true position of the law on both orders viz-a-viz the issue of contravention of the constitutional and other rights of defendants and concludes that, considering the strict guiding principles for the grant of both orders and how they take effect, they could not be more just and equitable.
Author: Akorede Folarin Publisher: ISBN: Category : Languages : en Pages : 24
Book Description
The Mareva and Anton Piller injunctions have been repeatedly criticized as constituting flagrant disregard for the rights of defendants because the orders are often granted at the pre-trial stage in ex parte hearings, without the defendants having the opportunity to defend themselves before some of their rights are temporarily upended as a result of the orders, and before a case is made out against them and their liability is established. It is for this reason that Lord Donaldson famously described the two orders as the law's "nuclear weapons". This paper analyzes and presents the true position of the law on both orders viz-a-viz the issue of contravention of the constitutional and other rights of defendants and concludes that, considering the strict guiding principles for the grant of both orders and how they take effect, they could not be more just and equitable.
Author: Christopher Heath Publisher: Kluwer Law International B.V. ISBN: 9041133437 Category : Law Languages : en Pages : 274
Book Description
This is a book dedicated to the significance and legacy of landmark cases in the field of intellectual property. Eleven well-known scholars offer in-depth commentary and analysis of cases that have made an impact on legal theory or critical thinking about the scope and purpose of the protection of intellectual and industrial creativity. All the cases covered have proven useful in developing doctrine, even though subsequent developments have made some appear andmisleadingand rather than andleadingand, and for some recent cases it is too early to say whether their approach will become mainstream. Among the fundamental questions and all profoundly interesting, and to which no definite answers have yet been found and arising in the course of the analysis are the following: and Who should be master over the reputation, esteem and legacy of authors and their works and authors and their heirs, or subsequent copyright owners? and What, if any, protection should be granted to achievements in the absence of confusion? and Should prevention of unfair competition allow one to andreap what one has not sownand? and Should we protect commercial investment beyond the scope of defined intellectual property rights? and Should it be considered a tort to use a well-known mark in a way that may dilute its repute and distinctive character? and What kinds of monopolies should be protected, if any? and Does the patent system in its current form allow us to question the assumption that technological progress is good per se, and that novel and inventive solutions should thus be protected? and Should extraneous considerations such as public good and social usefulness be considered at the stages of grant and enforcement of patent rights? and Should we grant patents over living organisms whose workings and reproduction are a long way from being completely understood? and Should the rules developed for the enforcement of property rights limit a patenteeands remedies to appropriate damages, thereby effectively granting a compulsory licence? The book concludes with an analysis of two case clusters remarkable for the worldwide dimension of the dispute. The authors show how litigation over Lego in about 30 jurisdictions and Budweiser in over 40 jurisdictions has enriched doctrine on such issues as contract, trade marks, trade names, geographical indications, property rights in general, human rights, and various international and bilateral treaties, all as they impinge on the protection of intellectual property rights. For scholars in the field, as well as for lawyers seeking a rich vein of doctrine to buttress a case, this unusual book will be of incomparable value. As a masterful clarification of salient doctrine, it represents a major contribution to the legal theory underpinning intellectual property law.
Author: Publisher: World Bank Publications ISBN: 082137902X Category : Law Languages : en Pages : 284
Book Description
This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.
Author: Emile van der Does de Willebois Publisher: World Bank Publications ISBN: 0821388967 Category : Law Languages : en Pages : 230
Book Description
This report examines the use of these entities in nearly all cases of corruption. It builds upon case law, interviews with investigators, corporate registries and financial institutions and a 'mystery shopping' exercise to provide evidence of this criminal practice.
Author: Jean-Pierre Brun Publisher: World Bank Publications ISBN: 0821386352 Category : Business & Economics Languages : en Pages : 286
Book Description
This handbook is designed as a 'how-to' manual that guides practitioners as they grapple with the strategic, organizational, investigative, and legal challenges of recovering assets that have been stolen by corrupt leaders and hidden abroad.
Author: Gary Born Publisher: Aspen Publishers ISBN: 9780735507555 Category : Civil procedure Languages : en Pages : 0
Book Description
"The law governing international civil litigation has changed dramatically in the five years since the fourth edition was published. Recent decisions of the United States Supreme Court have had a significant impact on fields such as personal jurisdiction, sovereign immunity, and extraterritoriality. This current edition reflects those changes and raises important questions about the broader implications of those decisions ... Developments in this field are of course not limited to the United States. While the book still focuses primarily on United States law, the current edition deliberately incorporates more excerpts, more extensive references, and more questions concerning foreign law, especially European law. In part, this reflects an important reality--that successful practice in this area, even for the United States lawyer, requires a keen understanding of other legal systems". -- PREFACE OF THE FIFTH EDITON.
Author: Richard Frimpong Oppong Publisher: Cambridge University Press ISBN: 0521199697 Category : Law Languages : en Pages : 559
Book Description
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Author: L.T.C. Harms Publisher: WIPO ISBN: 9280522493 Category : Law Languages : en Pages : 576
Book Description
With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil as well as criminal proceedings.
Author: Akorede Folarin
Author: Akorede Folarin
Author: Robert Hunter
Author: Christopher Heath
Author: 
Author: Emile van der Does de Willebois
Author: Jean-Pierre Brun
Author: Xiaodong Yang
Author: Gary Born
Author: Richard Frimpong Oppong
Author: L.T.C. Harms