Patent Misuse and Antitrust Law: Empirical, Doctrinal and Policy Perspectives

Three major contributions [of Patents Misuse and Antitrust Law] stand out. First, it illustrates as well as any other work how to bridge the study of antitrust law and patent law... A second and related feature is Professor Lim's excellent use of historical narratives to show how patent misuse concepts have developed over time... A third impressive dimension is its powerful empirical orientation. Professor Lim combines a comprehensive examination of misuse cases with extensive interviews to demonstrate how theory meets practice. In these respects and others, Patent Misuse and Antitrust Law broadens and extends the emerging path of a refreshing new scholarship that links antitrust and patent law.--From the foreword by Prof. William E. Kovacic, former Chairman of the Federal Trade Commission, Global Competition Professor of Law and Policy, George Washington University Law School 'The age old debate as to whether patents are simply a property right in that any trespassing on the property should be punishable, or whether they are tools of economic policy so that questions of misuse can arise when they are not used to encourage commercial developments of new products, has become heated with the advent of patent assertion entities and the problems that arise when use of a patented invention is necessary to comply with an industry standard. Daryl Lim's timely book provides a sober background against which to consider such ideas and possible expansion of types of action that may give rise to claims of patent misuse in the future.'- John Richards, Partner, Ladas & Parry, LLPThis unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before. Innovation and competition take place in increasingly complex environments that demand a clear understanding of where illegality ends and legitimate corporate strategy begins.The book is an essential resource for the curious, the expert and all those engaged in deciding what patent misuse means and should mean today. In addition to in-depth doctrinal and policy perspectives, it looks at patent misuse through the eyes of today's leading practitioners, judges, government officials and academics. It also presents a qualitative analysis of modern misuse case law spanning 1953 to 2012. The result is a compelling account that lays out an important doctrinal, policy and empirical framework for future cases and scholarship.Patent law students and scholars will find the author's comprehensive study of popular and actual perceptions of the misuse doctrine a valuable resource, while practitioners, government officials and judges will appreciate the predictive value of the author's findings.Contents: Foreword by William E. Kovacic Preface Prologue Introduction 1. Misuse and Antitrust 2. A Brief History of Patent Misuse 3. The Anatomy of a Defense 4. Key Objections 5. Rethinking the Future of Patent Misuse 6. The Empirical Landscape of Misuse 7. Charting the Scope of Patent Misuse 8. Conclusion Index

Patent Misuse And Antitrust Law

Lim, Daryl

Edward Elgar

This state-of-the-art Handbook encompasses theoretical and empirical research on Chinese organizational behavior over the last two decades of its renaissance, with prominent scholars providing critical reviews of empirical studies in Chinese societies on 14 important topics. This comprehensive Handbook explores limitations and challenges arising from attempts to develop indigenous theories and constructs applicable to Chinese social reality. Key contributors integrate the literature in their topic areas, providing directions for pushing forward the frontiers of research into a more culturally sensitive and powerful representation of Chinese organizational behavior. Areas examined include emotional intelligence, creativity and motivation, leadership, team conflicts, trust, power and business ethics. Experienced practitioner input is included. Scholars interested in research on international business and Chinese work behaviors and their effective management will find much of value in this compilation. Students of management, including organizational behavior, human resource management, strategic management, and international management will also find information and guidance that will prove invaluable as will practitioners who have business connections in China and other Chinese societies. Contributors: S. Aryee, M.H. Bond, P. Cardona, C.C. Chen, N.Y. Chen, X.-P. Chen, Z.X. Chen, F.M.-c. Cheung, M. Chong, W. Fan, R. Fischer, R. Friedman, P.P. Fu, D.N. Henry, S. Hornung, G.-h. Huang, X. Huang, K.-K. Hwang, T.-Y. Kim, S.J. Kulich, J.Y.M. Lai, C.K. Lam, L.W. Lam, D.C.-s. Lau, C. Lee, Y.-t. Lee, K. Leung, W. Li, W. Liu, V.M.-C. Lun, I. Ng, S.B.C. Ng, K. Peng, D.M. Rousseau, Y.F. Shang, P.B. Smith, L.J. Song, D. Tjosvold, A.S. Tsui, S.S. Wen, A. Wong, C.-S. Wong, J. Wu, M. Wu, J. Wuttke, E. Xu, J. Yao, H.H. Zhao, J. Zhou

Handbook Of Chinese Organizational Behavior

Bond, Michael Harris

Huang, Xu

This fascinating volume offers a comprehensive synthesis of the events, causes and outcomes of the major financial crises from 1929 to the present day. Beginning with an overview of the global financial system, Sara Hsu presents both theoretical and empirical evidence to explain the roots of financial crises in general. She then provides a thorough breakdown of a number of major crises of the past century, both in the United States and around the world.The book's discussion of specific crises begins with the Great Depression of 1929, which was the first crisis created within the institutions of our current financial system. The author continues with explorations of the aftermath of the Depression in the 1930s and 1940s, the inter-crisis period of the 1950s through the 1970s, and the emerging market debt default crisis of the 1980s. From there she tackles major crises in specific countries from the 1990s on, including those in Mexico, Asia (including Thailand, Indonesia, South Korea and Malaysia), Russia, Brazil and Argentina, as well as the Great Recession of 2008. The book concludes with a chapter detailing insightful policy recommendations for preventing future crises.Students and professors of economic history, financial and regulatory economics and banking will find this an invaluable resource, both for its comprehensive historical approach and its thoughtful look toward the future of the global economy.Contents: 1. The Financial System and Roots of Crisis 2. 1930s and 1940s: The Great Depression and its Aftermath 3. 1950s through 1970s: The Inter-Crisis Period 4. 1980s: Emerging Markets Debt Default Crises 5. Early 1990s: Advanced Countries Crises 6. Mid 1990s: Mexican Crisis and Asian Financial Crisis 7. Late 1990s and Early 2000s: Russian Financial Crisis, Brazilian Financial Crisis, Argentine Crisis 8. Late 2000s: The Great Recession of 2008 9. Preventing Future Crises References Index

Financial Crises, 1929 To The Present

Hsu, Sara (author.)

The Psychology of the Recession on the Workplace (New Horizons in Management series)

The psychology of the recession on the workplace

Cary L. Cooper

Alexander-Stamatios G. Antoniou

Intellectual Property in Common Law and Civil Law

'Intellectual Property in Common Law and Civil Law presents the perspectives of common as well as civil law, on global IP Law's most pertinent issues ranging from inventive step all the way to injunctive relief. Edited by Professor Takenaka, director of the University of Washington's renowned Center for Advanced Studies and Research on IP (CASRIP), the book assembles deep but easy to read essays by some of the world s leading IP scholars. In short, IP Law's most important issues from a global perspective; by the world's leading scholars, yet in a nutshell. Excellent!'- Christoph Ann, Technische Universität München, GermanyDespite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems.Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization.Containing the most current and up-to-date IP issues from a global perspective, this book will be a valuable resource for IP and comparative law academics, law students, policy makers, as well as lawyers and in-house counsels.Contributors include: M. Adelman, T. Bodewig, G.E. Evans, M. Franzosi, S. Ghosh, S.J Jong, J. Krauß, M. LaFrance, A.L. Landers, S. Mehra, S.H. Naeve, F. Pollaud-Dulian, C. Rademacher, Y. Reboul, B. Sherman, J. Straus, M.T. Sundara Rajan, T. Takenaka, M. Trimble

Intellectual property in common law and civil law

Toshiko Takenaka

Handbook on Climate Change and Human Security

The Handbook on Climate Change and Human Security is a landmark publication which links the complexities of climate change to the wellbeing and resilience of human populations.It is written in an engaging and accessible way but also conveys the state of the art on both climate change research and work into human security, utilizing both disciplinary and interdisciplinary approaches. Organized around thematic sections, each chapter is written by an acknowledged expert in the field, and discusses the key concepts and evidence base for our current policy choices, and the dilemmas of international policy in the field. The Handbook is unique in addressing sophisticated ethical and moral questions as well as new information and data from different geographical regions. It is a timely volume that makes the case for acting wisely now to avert impending crises and global environmental problems.The Handbook is international in scope and provides an assessment that will be of value to academics, students and policy professionals alike. NGOs and policy institutes which need a grasp of the specificity and range of the issues and problems will also find this book insightful.Contributors: K. Bickerstaff, H.G. Brauch, S. Dalby, G. Edwards, G. Feola, D. Gasper, N.P. Gleditsch, M. Grasso, C.M. Hall, E. Hinton, C.D. Klose, M. Mason, R. Matthew, R. Nordås, M. Nuttall, Ú. Oswald Spring, M.R. Redclift, E. Remling, J. Ribot, J.T. Roberts, J. Scheffran, D. Simon, S. Srinivasan, S. Vanderheiden, E.E. Watson, C. Webersik

Handbook On Climate Change And Human Security

Grasso, Marco

Redclift, M. R

'The present book is a much needed publication on climate change adaptation law. It is a collaborative effort of distinguished experts from around the world and adopts a holistic approach to adaptation, taking a global view, with a focus on the international, the regional and domestic levels. This publication has a wealth of information, illustrating the issue of adaptation with many examples from all over the world. One of the most valuable aspects of this book, ensuring that it will have a lasting value, is that it discusses all fields of law, which are vulnerable to climate change (such as tort law; insurance law; disaster law; marine law; water law; planning law; construction law; environmental law; forestry; energy law; biodiversity). The book also includes general issues of adaptation, such as climate justice and the relationship between adaptation and development; human rights in the context of migration law and compensation. It is written in a very accessible language and will be an indispensible reading for both scholars and practitioners. The content and structure of the book make it a definitive book on climate adaptation.'- Malgosia Fitzmaurice, Queen Mary, University of London, UK'This book indeed will become the definitive text on climate adaptation law for the coming years! From a global law perspective, Verschuuren and his team analyse in an outstanding way the legal challenges and barriers to climate change adaptation and how they can be overcome. Just like climate change, this book is here to stay!'- Kurt Deketelaere, KU Leuven/League of European Research Universities (LERU), BelgiumThis timely Research Handbook discusses the challenges brought about by the need to adapt to a changing climate. It considers how adaptation is necessary to address impacts resulting from the warming of the Earth's atmosphere which is already unavoidable due to past emissions.With adaptation policies around the world still in their infancy, the book examines the legal challenges and barriers to climate change adaptation and how can they be overcome. It brings together expert contributors to consider topics ranging across tort and insurance law, disaster law, water law, marine law, planning law, biodiversity law, green buildings, pollution control, displacement, agriculture and energy.With its transnational and multilevel approach, the Research Handbook on Climate Change Adaptation Law will be an essential resource for academics in the field of climate change policy and law, policymakers and other government officials working on climate change, and NGOs working in the field of climate change.Contributors: R.W. Adler, R. Byrne, M. Faure, M. Gromilova, K.H. Hirokawa, N. Jägers, R. Lyster, A.M. Pohrib, J. Rosenbloom, T. Stephens, A. Trouwborst, D. van Niekerk, J. Verschuuren, L.F. Wiley

Research handbook on climate change adaptation law

Jonathan Verschuuren

'This is an important and timely book which makes a really valuable contribution to corporate law scholarship. It brings together for the first time, two crucial aspects of the law in its consideration of the application of corporate governance to firms facing insolvency. In the current environment, this is a book which academics and practitioners alike will find invaluable. Professor Milman is one of Europe's foremost experts in insolvency law and his mastery of the subject is evident in this clear exposition of an important topic. I particularly liked the manner in which Professor Milman fuses theory, law and practice giving the reader the benefit of his own expert insight and experience. His style of writing makes it accessible to all readers.'- Blanaid Clarke, Trinity College Dublin, Ireland'Anglo-American corporate law scholarship focuses obsessively on the governance of large, public corporations. It has little to say about the governance of financially distressed firms and less still to say about the governance of small businesses, even though SMEs are the bedrock of any functioning national or regional economy. In the Governance of Distressed Firms, David Milman, one of the UK's leading and most influential commercial law scholars, redresses the balance. His original and timely book provides a critique of the current legal framework applicable to directors and insolvency practitioners together with a blueprint for reform. Informed by practical and comparative insights, it deserves to be widely read.'- Adrian J. Walters IIT Chicago-Kent College of Law, US'This is a bold and exciting monograph, which breaks new ground in exploring the concept of corporate governance as applied to and within insolvent firms, concentrating mainly on small firms. Intellectually acute, with deep comparative insights, Governance of Distressed Firms also has indisputable practical value, especially given the huge growth in the commitment, by dozens of countries, to business rescue and reorganization. Scholars and practitioners alike will be very indebted to David Milman for this volume.'- Harry Rajak, University of Sussex, UKThis detailed book examines how the law can provide a discrete governance regime for financially distressed firms.The concept of a distressed firm covers businesses that are struggling, but have not yet entered formal insolvency, as well as those businesses that are undergoing a formal insolvency process. With reference primarily to English law, this study encompasses both limited liability companies and limited liability partnerships with a focus on the regulation both of company directors and insolvency practitioners. It offers recommendations for improvements in governance mechanisms and notes that many of the governance shortfalls that occur can be related to the ease of access given to those who wish to trade with the benefit of limited liability.Providing an up to date analysis in a fast evolving area of law, this book will appeal to academics, postgraduate students, practitioners and policy makers.Contents: Preface 1. Introduction to Concepts and Dramatis Personae 2. The Relevance of Corporate Governance Theory and Related Issues 3. Governance in the Twilight Zone 4. Governance Post Formal Insolvency Regime Commencement 5. Comparative and EU Perspectives on the Governance of Distressed Firms 6. Reflections and Reform Bibliography Appendix I: Applicability of Selected Statutory Stewardship Obligations and Enforcement Thereof Appendix II: List of Selected Statements of Insolvency Practice Index

Governance of distressed firms

David Milman

'Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms - legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice's starting point or expert s desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.'- J.B. Ruhl, Vanderbilt University Law School, US'It is one of the world s cruelest ironies that some of the earliest effects of climate change are being felt by indigenous populations around the world, even though they contributed no more than trivial amounts of the greenhouse gases that are at the root of much of the problem, and they are so politically and economically powerless that they played no role in the decisions that have led to their plight. At the same time, many of these populations are victimized by certain actions designed to reduce emissions, such as land clearing for biofuels cultivation, and restrictions on forest use. Professors Abate and Kronk have assembled a formidable collection of experts from around the world who demonstrate the diversity of challenges facing these indigenous peoples, and the opportunities and challenges in using various international and domestic legal tools to seek redress. This book will be an invaluable resource for all those examining the legal remedies that may be available, either now or as the law develops in the years to come.'- Michael B. Gerrard, Columbia Law School, USThis timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges.Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya).This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.Contributors: R.S. Abate, D. Badrinarayana, K. Boom, M. Burkett, J.M. Cha, E. Charles-Newton, L.A. Crippa, M. Davis, P. Dong, N. Johnstone, P. Kameri-Mbote, P. Kebec, S. Krakoff, E.A. Kronk, J.-D. Lavallee, J. Liu, A. Long, L.A. Miranda, C.Y. Mulalap, E. Nyukuri, H. Osofsky, J.V. Royster, I.L. Stoyanova, V. Sutton, E.J. Techera, S. Thériault, R. Tsosie, P. Van Tuyn, W. Yu

Climate Change And Indigenous Peoples: The Search For Legal Remedies

Randall S. Abate

Elizabeth Ann Kronk

Competition, Diversity and Economic Performance: Processes, Complexities and Ecological Similarities

This thought-provoking book explores the influences of market competition and diverse behaviors of economic agents on economic performance, particularly dynamic economic performance.Clem Tisdell illustrates - within evolutionary, dynamic and static contexts - how diversity can improve or impede economic performance. He addresses the fact the role of diversity in improving economic performance has been neglected by economic theorists by making economic diversity a focal point of economic analysis. In particular, special attention is given to the value of economic diversity and economic imperfections in improving the performance of economic processes in particular identified situations. Limitations of using market-like mechanisms for managing public bodies and business firms are discussed and the value of business cooperation (economic mutualism) as a means for improving economic performance is examined. It is also observed that as economies develop, different forms of economic competition and business cooperation evolve.Challenging yet accessible, this book will prove a stimulating read for academics and students in the fields of economics, industrial organization and business and management.

C. A. Tisdell

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Books by Edward Elgar