Author: Tamás Gyulavári Publisher: Kluwer Law International B.V. ISBN: 9403502045 Category : Law Languages : en Pages : 608
Book Description
Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.
Author: Manfred Weiss Publisher: Kluwer Law International B.V. ISBN: 9041127933 Category : Law Languages : en Pages : 278
Book Description
Labour Law and Industrial Relations in Germany gives the reader a broad understanding of German labour law covering all important aspects. The book deals with the sources of labour law, individual employment relationships, collective bargaining, remuneration, working conditions, and dispute settlement.
Author: Rosa Maria Ballardini Publisher: Kluwer Law International B.V. ISBN: 9403503416 Category : Law Languages : en Pages : 511
Book Description
The digitization of industrial processes has suddenly taken a great leap forward, with burgeoning applications in manufacturing, transportation and numerous other areas. Many stakeholders, however, are uncertain about the opportunities and risks associated with it and what it really means for businesses and national economies. Clarity of legal rules is now a pressing necessity. This book, the first to deal with legal questions related to Industrial Internet, follows a multidisciplinary approach that is instructed by law concerning intellectual property, data protection, competition, contracts and licensing, focusing on business, technology and policy-driven issues. Experts in various relevant fields of science and industry measure the legal tensions created by Industrial Internet in our global economy and propose solutions that are both theoretically valuable and concretely practical, identifying workable business models and practices based on both technical and legal knowledge. Perspectives include the following: regulating Industrial Internet via intellectual property rights (IPR); data ownership versus control over data; artificial intelligence and IPR infringement; patent owning in Industrial Internet; abuse of dominance in Industrial Internet platforms; data collaboration, pooling and hoarding; legal implications of granular versioning technologies; and misuse of information for anticompetitive purposes. The book represents a record of a major collaborative project, held between 2016 and 2019 in Finland, involving a number of universities, technology firms and law firms. As Industrial Internet technologies are already being used in several businesses, it is of paramount importance for the global economy that legal, business and policy-related challenges are promptly analyzed and discussed. This crucially important book not only reveals the legal and policy-related issues that we soon will have to deal with but also facilitates the creation of legislation and policies that promote Industrial-Internet-related technologies and new business opportunities. It will be warmly welcomed by practitioners, patent and other IPR attorneys, innovation economists and companies operating in the Industrial Internet ecosystem, as well as by competition authorities and other policymakers.
Author: Christopher Heath Publisher: Kluwer Law International B.V. ISBN: 9403522135 Category : Law Languages : en Pages : 308
Book Description
The convergence of various fields of technology is changing the fabric of society. Big data and data mining, Internet of Things, artificial intelligence and blockchains are already affecting business models and leading to a social and economic transformations that have been dubbed by the fourth industrial revolution. Focusing on the framework of intellectual property rights, the contributions to this book analyse how the technical background of this massive transformation affects intellectual property law and policy and how intellectual property is likely to change in order to serve the society. Well-known authorities in intellectual property law offer in-depth chapters on the roles in this revolution of such concepts and actualities as the following: power and role of data as the raw material of the revolution; artificial inventors and creators; trade marks in the dimension of avatars and fictional game characters; concept of inventive step change where the person skilled in the art is virtual; data rights versus intellectual property rights; transparency in the context of big data; interrelations of data, technology transfer and antitrust; self-executable and ‘smart’ contracts; redefining the balance among exclusive rights, development, technology transfer and contracts; and proprietary information versus the public domain. The chapters also provide complete analyses of how big data changes decision-making processes, how sustainable development requires redefinition, how technology transfer is re-emerging as technology diffusion and how the role of contracts and blockchain as instruments of monitoring and enforcement are being defined. Offering the first in-depth legal commentary and analysis of this highly topical issue, the book approaches the fourth industrial revolution from the perspectives of technical background, society and law. Its authoritative analysis of how the data-driven economy influences innovation and technology transfer is without peer. It will be welcomed by practicing lawyers in intellectual property rights and competition law, as well as by academics, think tanks and policymakers.
Author: Brian W. Gray Publisher: Kluwer Law International B.V. ISBN: 940352555X Category : Law Languages : en Pages : 603
Book Description
This book is a revised and updated edition of a major work first published in 2001 under the auspices of the Intellectual Property Committee of the International Bar Association. As a comparative cross-jurisdictional analysis of the practice, theory, scope, and types of design protection, it will continue to be of immeasurable value to lawyers and others involved in industrial design. Industrial designs are particularly interesting because the laws in many countries attempt in different ways to find a balance between protection for the artistic creation and the freedom to use the purely functional, and between the proprietary rights of the creator and the public domain rights of the competitor. The third edition is comprised of twenty-five country reports, each written by one or more prominent intellectual property lawyer(s) in the country covered. To facilitate cross-jurisdictional comparison, each report is structured according to the following sequence of topics: new developments in each jurisdiction; conventions and legislation; definition of what constitutes a protectable design; originality /novelty; duration of protection; infringement; defences to infringement; procedures for filing application for registration; and expunging, cancelling, or varying registration. Prominent new developments covered in the third edition include new chapters from South Korea, Russia and Turkey as well as continuing coverage of the impact of the European Community Design Directive, the adoption of the Hague Agreement with corresponding major changes to US and Canadian design law and practice, the newly revised Japanese Design Law, and China’s revised Guidelines for Examination. Each jurisdiction’s currently applicable legislation, regulation, and case law is summarized and analysed.
Author: Dr. O. P. Gupta Publisher: SBPD Publishing House ISBN: 935047140X Category : Law Languages : en Pages : 262
Book Description
Industrial Law by Dr O.P. Gupta is a publication of the SBPD Publishing House, Agra. Dr. O.P. Gupta holds a M.Com., LL.B., Ex-F.C.S. and PhD degree. He was a reader at the P.G.D.A.V. College (University of Delhi), New Delhi. The author has presented the subject in a very simple language. The difficult provisions of industrial law have been illustrated with the help of Indian and International cases decided by the law courts. For thematic unity, the subject has been discussed topic-wise but for ready reference, relevant sections have been quoted. Important questions asked in various examinations have been given at the end of each chapter. To make the book more useful Objective Type Questions with their answers and Practical Problems have also been added at the end of each chapter. The book incorporates important changes made by the Employees' State Insurance (Amendment) Act, 2010. Latest amendments made in other Acts have also been incorporated in the text at relevant places. The book has been written primarily for the students of BBA Semester-V, Examination of various Universities and Intermediate Examination of the Institute of Company Secretaries of India and examinations conducted by other Professional Bodies as well.
Author: Brodie, Douglas Publisher: Edward Elgar Publishing ISBN: 178347968X Category : Law Languages : en Pages : 256
Book Description
This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship. The author concludes that these key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.
Author: Franklin M. Fisher Publisher: MIT Press (MA) ISBN: 9780262561815 Category : Business & Economics Languages : en Pages : 490
Book Description
This collection of work by economist, consultant, and expert witness Franklin M. Fisher constitutes an integrated body of the economic analysis of the law, with particular emphasis on antitrust issues. Fisher's involvement with applying economic analysis to real disputes and to problems of microeconomic policy has resulted in valuable lessons. These lessons are incorporated in themes running through many of these essays about the uses and abuses, achievements and shortcomings, of economic analysis.The book opens with a broad overview of key issues in antitrust law. Fisher stresses the importance of understanding the analytic tools used to examine monopoly and competition. He shows that the notion that simple indicators such as market share, or especially, profit rates can be used to provide an easy test for market power is badly mistaken. And he goes on to discuss oligopoly and its modern game theoretic treatment, which he sees as missing the questions that matter in real situations. Throughout, specific cases and policy issues are used to illustrate these important points.The second part of the book looks at the regulation of television, particularly cable, an area in which Fisher has been active since cable television's early days. The book concludes with a section on economic analysis and the law with essays on such matters as the uses of statistical methods and punishment as a deterrent to crime.Franklin M. Fisher is Professor of Economics at MIT. He was the lead expert economist for the defense, assisted by John J. McGowan and Joen E. Greenwood of Charles River Associates, in the major antitrust case U.S. v. IBM. John Monz is a Ph.D. candidate in economics at MIT.
Author: Tamás Gyulavári
Author: Manfred Weiss
Author: Marilyn Jane Pittard
Author: Rosa Maria Ballardini
Author: Christopher Heath
Author: Brian W. Gray
Author: Dr. O. P. Gupta
Author: Dr. H.K. Saharay
Author: Brodie, Douglas
Author: Franklin M. Fisher