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Author: Christine Godt Publisher: BRILL ISBN: 9004313524 Category : Law Languages : en Pages : 259
Book Description
In Regulatory Property Rights: The Transforming Notion of Property in Transnational Business Regulation, editor Christine Godt generates fresh impetus for rethinking modern property theory. The book’s central theme is the transformation of property in response to societal changes brought about by internationalization, digitalization and new forms of collective action. The contributions sketch a vision of modern property, which grew out of 18th and 19th century ideologies. It operates in the modern multilevel system, and is not confined to the nation state. It is conscious about the broad range of functionalities of the title holder with regard to managing international supply and distribution chains and modern rationalities of the capital market, and at the same time acknowledges the legitimate interests of third parties and modern forms of governance.
Author: Christine Godt Publisher: BRILL ISBN: 9004313524 Category : Law Languages : en Pages : 259
Book Description
In Regulatory Property Rights: The Transforming Notion of Property in Transnational Business Regulation, editor Christine Godt generates fresh impetus for rethinking modern property theory. The book’s central theme is the transformation of property in response to societal changes brought about by internationalization, digitalization and new forms of collective action. The contributions sketch a vision of modern property, which grew out of 18th and 19th century ideologies. It operates in the modern multilevel system, and is not confined to the nation state. It is conscious about the broad range of functionalities of the title holder with regard to managing international supply and distribution chains and modern rationalities of the capital market, and at the same time acknowledges the legitimate interests of third parties and modern forms of governance.
Author: Sanna Wolk Publisher: Kluwer Law International B.V. ISBN: 9041192654 Category : Law Languages : en Pages : 872
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: Laitos Publisher: Wolters Kluwer ISBN: 1543816509 Category : Law Languages : en Pages : 1254
Book Description
Law of Property Rights Protection: Limitations on Governmental Powers, Third 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, Third 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. Note: Online subscriptions are for three-month periods. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition, ISBN 9781543802368
Author: Anthony D'Amato Publisher: Springer ISBN: Category : Law Languages : en Pages : 696
Book Description
Concentrating on international intellectual property law, this volume is a collection of works by current authors in the field. Their work is supplemented by numerous essays and notes prepared by the editors. The controlling provisions of the major treaties in the field are included in a comprehensive appendix.
Author: Steven J. Eagle Publisher: ISBN: Category : Law Languages : en Pages : 1288
Book Description
This landmark work is the first book-length treatment of "regulatory taking" the controversial legal concept that governmental regulation of private property use can amount to a "taking" that requires compensation. Since a series of U.S. Supreme Court holdings in 1987, courts increasingly have given serious consideration to a rapidly expanding body of such claims. Yet, until now, there has been no detailed analysis of this clash between an expanding scope of land use regulations & the increased assertiveness of property owners. Comprehensive in scope, Regulatory Takings covers such diverse topics as: wetlands regulations; exactions on development; free speech rights in shopping malls & other private property; the Endangered Species Act; "exclusionary" zoning; asset seizures; rent controls.
Author: B. Benson Publisher: Springer ISBN: 0230107796 Category : Business & Economics Languages : en Pages : 324
Book Description
In an effort to understand the reasons for and consequences of the political backlash to the U.S. Supreme Court decision, Kelo v. New London, this book brings together a diverse group of scholars and practitioners who explore the uses and abuses of eminent domain and regulatory takings.
Author: United States. Congress. House. Committee on Resources. Task Force on Private Property Rights Publisher: ISBN: Category : Eminent domain Languages : en Pages : 356