Property Law and the Public Interest

viii PROPERTY LAW AND THE PUBLIC INTEREST Part II focuses on the variety of ways in which property is transferred from one private owner to another free from restriction while Part HI is devoted to transfers that involve something less ...

Property Law and the Public Interest


Public Interest Private Property

Law and Planning Policy in Canada Anneke Smit, Marcia Valiante ... Cherie Metcalf, “Property Law Culture: Public Law, ... “the diminution or abrogation of a property right, title or interest giving rise to compensation in law or equity.

Public Interest  Private Property

When it comes to urban planning, to what extent and under what conditions should the community’s interest prevail over the rights of private property owners? Public Interest, Private Property addresses this question at a time when pollution, urban sprawl, and condo booms are forcing municipal governments to adopt prescriptive laws and regulations. Case studies focus on spheres in which public values and private property rights collide – expropriation law, natural resources regulation, green development, and water provision – laying the groundwork for more active debates on the issues currently shaping our cities.

Property Law in Namibia

was formulated in an open textured manner, generally in terms of public interest, and in most cases no precise definition was given ofwhat constitutes public interest. Under international law, nationalisation of private property by the ...

Property Law in Namibia

Property Law in Namibia provides an autochthonous discussion of property law in Namibia. It does not only capture the constitutional, statutory and common law sources of property law in Namibia, but it also covers currently topical subjects such as property rights of women and land reform in Namibia. The publication is meant to be utilised by law academics, property law lecturers, legal practitioners and conveyancers, law students, students pursuing specialised land related programmes such as land use planning and officials in government ministries. Property Law in Namibia contains chapters on traditional concepts of property law such as the scope and nature of the law of property, classifications of things, real rights and personal rights, ownership and possession. Chapter 9 is devoted entirely to remedies, which is a departure from the norm, but where relevant, appropriate remedies are indicated in the specific parts of the text. In order to give prominence to Namibian property jurisprudence topics on the genesis of the land tenure systems of Namibia, land reform, and property rights of women in Namibia have either been dealt with in separate chapters or been included as parts of other chapters. This publication is meant to be utilised by law academics, property law lecturers, legal practitioners and conveyancers, law students, students pursuing specialised land related programmes such as land use planning and officials

Intellectual Property Law

The modern law of a public interest defence is taken as commencing with the authority of Initial Services v Putterill ( 1967 ) , where price fixing agreements contrary to law were exposed . The Court of Appeal refused to strike out a ...

Intellectual Property Law

Cavendish lawcards are complete pocket sized guides to the key examinable areas of law. Their concise text, user-friendly layout and compact format makes them the ideal revision aid for identifying, understanding and memorizing the vital aspects of each area of law. Important features of the new edtion include: New four colour text design for easier navigation throughout each book Colour coded highlighting of cases and legislation Diagrams and flowcharts Bullet points of crucial information

Copyright and the Public Interest in China

This insightful book will strongly appeal to students and researchers in IP law, comparative law, Chinese studies, international commerce and information science.

Copyright and the Public Interest in China

'This brilliant amalgam of law, history, social analysis and some Confucian philosophy argues for a distinctive Chinese approach to copyright and the public interest, aligning not only the Western commitment to individual creativity but also supporting public access to and use of works without the consent of the copyright holder. The argument involves fascinating analysis, not only of evolving Chinese attitudes to education, libraries, archives and censorship, but also of the profound significance of the Internet in China today.' Hector MacQueen, University of Edinburgh, UK 'Guan Hong Tang's book offers a fresh, insightful and scholarly treatment of the relationship between the law of copyright and the public interest in China. Copyright legislation in China is a novelty, dating from 1990, and Dr Tang provides a vivid overview of the historical and cultural tensions between traditional Chinese Confucianism and the very concept of copyright, tensions which more recent legislation and case law seek to address.' Gillian Davies, Hogarth Chambers, UK Guan Hong Tang expertly highlights how the multidimensional concept of public interest has influenced the development and limitations of Chinese copyright. Since 1990 China has awarded copyright individual rights but also provides for public, non-criminal enforcement. The author reveals that pressures of development, globalisation and participation in a world economy have hastened the loss of public interest from copyright. However, for a socialist country, placing the common ahead of the individual interest, the public interest also constitutes a phenomenological tool with which to limit copyright. The author also discusses how the rise of the Internet, which has had a major social and economic impact on China, raises problems for Chinese copyright law. Comparing Chinese copyright law with the USA and the UK, topical issues are presented in this unique book including those arising within education, library and archives sectors. This insightful book will strongly appeal to students and researchers in IP law, comparative law, Chinese studies, international commerce and information science. It will also prove invaluable for lawyers and consultants with expertise in IP and China.

Copyright Law and the Public Interest in the Nineteenth Century

The first justification is often founded upon John Locke's theory that property rights are created when goods previously held in common are mixed with labour.16 The second is also based upon the notion of labour, because it is through ...

Copyright Law and the Public Interest in the Nineteenth Century

Copyright law is commonly described as carrying out a balancing act between the interests of authors or owners and those of the public. While much academic work, both historical and contemporary, has been done on the authorship side of the equation, this book examines the notion of public interest, and the way that concepts of public interest and the rhetoric surrounding it have been involved in shaping the law of copyright. While many histories of copyright focus on the eighteenth century, this book's main concern is with the period after 1774. The nineteenth century was the period during which the boundaries of copyright, as we know it today, were drawn and ideas of “public interest” were integral to this process, but in different, and complex, ways. The book engages with this complexity by moving beyond debates about the appropriate duration of copyright, and considers the development of other important features of copyright law, such as the requirement of legal deposit, the principle that some works will not be subject to copyright protection on the grounds of public interest, and the law of infringement. While the focus of the book is on literary copyright, it also traces the expansion of copyright to cover new subject matters, such as music, dramatic works and lectures. The book concludes by examining the making of the 1911 Imperial Copyright Act – the statute upon which the law of copyright in Britain, and in all former British colonies, is based. The history traced in this book has considerable relevance to debates over the scope of copyright law in the present day; it emphasises the contingency and complexity of copyright law's development and current shape, as well as encouraging a critical approach to the justifications for copyright law.

Intellectual Property Law

(1856)) but it is now framed in terms of defence of the public interest. The key issue is what nature of public interest justifies the breach of obligations of confidence? A classic example is the case of Lion Laboratories Ltd v Evans ...

Intellectual Property Law

Routledge Q&As – your path to exam success! Has the thought of facing your law exams left you feeling completely overwhelmed? Are you staring at the mountain of revision in front of you and wondering where to start? Routledge Q&As will help guide you through the revision maze, providing essential exam practice and helping you polish your essay-writing technique. Each Routledge Q&A contains 50 essay and problem-based questions on topics commonly found on exam papers, complete with answer plans and fully worked model answers. The titles are written by lecturers who are also examiners, so you can recognise exactly what examiners are looking for in an answer. Key cases and legislation are highlighted within the text for ease of reference Boxed answer plans after each question outline the major points you should be aiming to convey within your answer The books in this series are supported by a companion web offering you bonus q&as; advice on preparing for your exams; revision checklists; discussion forums and more. But don’t just take our word for it! "The book was an answer to my prayers… I’ve been begging tutors to give us ready-made answers so we get a structure as to what we should be including and revising and the Q&As do exactly that!" Azmina Thanda, 2nd year LLB "The Routledge Q&As are very well designed and helpful, giving a good indication of what comes up in exams." Deaglan McArdle, 3rdyear LLB

Intellectual Property Law Text Cases and Materials

4.3.5 Public Interest Defence The public interest defence was originally developed in the context of the law of confidence,71 but later appeared in copyright cases, such as Beloff v Pressdram72 where Ungoed-Thomas J accepted that public ...

Intellectual Property Law  Text  Cases  and Materials

This book provides a full and clear exposition of the fundamentals of intellectual property law in the UK. It combines excerpts from cases and a broad range of secondary works with insightful commentary from the authors which will situate the law within a wider international context.

Intellectual Property Law Directions

Do the 'courts always distinguish clearly between 'in the public interest' and 'of public in terest'? the defence has been raised in many cases, not always successfully. In Lion Laboratories v Evans [1984] 2 All ER 417 publication of ...

Intellectual Property Law Directions

Intellectual Property Law is written in an informal, engaging and lively manner with an emphasis on explaining the key topics covered on intellectual property law courses with clarity. It focuses on the practical issues of United Kingdom law at the same time as demonstrating how the subject is being shaped by outside forces.

Intellectual Property Law

256 | Intellectual Property Law: Text, Cases, and Materials copyright are not capable of precise categorisation or definition. Now that the Human Rights Act 1998 is in force, there is the clearest public interest in giving effect to the ...

Intellectual Property Law

This book combines extracts from major cases and secondary materials with critical commentary to provide a complete resource for undergraduate and postgraduate students of intellectual property law. All areas of intellectual property law in the UK are covered: copyright, trademarks and passing off, confidential information, industrial designs, patent, procedure and enforcement. This book also tackles topical areas, such as the application of intellectual property law to new technologies and character merchandising. While the focus of the book is on intellectual property law in a domestic context, it provides international, EU and comparative law perspectives on major issues. It also addresses the wider policy implications of legislative and judicial developments in the area.

Australian Intellectual Property Law

in terms of being a narrow public interest defence289 that does not give an unduly wide meaning to the word 'iniquity' in Wood V-C's dictum in Gartside v Outram.290 Two cases involving actions with the Trade Practices Commission (TPC) ...

Australian Intellectual Property Law

Updated to include recent important developments in Australian intellectual property law, this is an essential text for students and professionals.

Australian Intellectual Property Law

The application of the public interest defence in the sense described above, namelyasrequiringsomebroadbalancingofinterests,hasreceived some limited support among members of the Australiajudiciary, being variously described as a ...

Australian Intellectual Property Law

Intellectual property law in Australia has changed dramatically in the last decade and continues to change. Developments in technology, the rise of the internet, the globalisation of trade and the increasing importance of 'superbrands' or trade marks with global appeal have all impacted on the laws surrounding intellectual property. Furthermore, globalisation has resulted in greater pressure to expand the rights of intellectual property owners as they endeavour to capture the potential benefits of ownership in an increasingly affluent and integrated world economy. This book provides a detailed and scholarly insight into Australian intellectual property law. It aims to offer students and legal professionals a detailed discussion of the black-letter aspects of the law, with the primary emphasis on the legal principles and complexities within.

Intellectual Property Law Essentials

it will consider whether the public interest to withhold the information outweighs the public interest to disclose) or, on the other hand, whether there are absolute exemptions which apply (ie situations where the public interest does ...

Intellectual Property Law Essentials

How does law protect your ideas and privacy in Scotland and the UK? The Scots common law of property is strongly realist in its concepts, and restricts itself to tangible objects - objects, land, things attached to the land. But what about non-physical property, such as your intellectual property and your private personal information? These types of property are of increasing importance in this technological age. From copyright to patents, from data protection to freedom of information, and from e-commerce to cybercrime, Intellectual Property Law Essentials explains how UK statue law protects and regulates your information and ideas. End-of-chapter summaries of essential facts highlight the key things you should have learned, and summaries of essential cases show how the law is enforced in practice.

Principles of Intellectual Property Law

6.5.4 Defences It is not clear whether the disclosure in the public interest provides a defence to a breach of confidence, or whether this constitutes information which is regarded as falling outside the category of information with the ...

Principles of Intellectual Property Law

First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Principles of Property Law

as landlords, 169 private sector providers and, 140 rights of, 123-125 public duty to support poor, 114 public enterprise property interest holders, 334-335 public goods, 56-57, 68 public infrastructure, 288 public interest in land ...

Principles of Property Law

Principles of Property Law offers a critical and contextual analysis of fundamental property law, providing students with the tools to enable them to make sense of English land law rules in the context of real-world applications. This new book adopts a contextual approach, placing the core elements of a qualifying law degree property and land law course in the context of general principles and practices as they have developed in the UK, and other jurisdictions in response to a changing societal relationship with a variety of factors. Also drawing on concepts of property developed by political theorists, economists and environmentalists, Principles of Property Law gives students a clear understanding of how property law works, why it matters, and how the theory connects with the real world. Suitable for undergraduates studying property and land law in England, Wales and Northern Ireland, as well as postgraduate students seeking an accessible analysis.

Intellectual Property Law

Stuart Smith L.J. agreed that the appeal should be allowed for the reasons given by Aldous L.J. It does not seem to us that those reasons depended on the precise scope of the public interest exception identified by Aldous L.J .

Intellectual Property Law

This book combines extracts from major cases and secondary materials with critical commentary to provide a complete resource for undergraduate and postgraduate students of intellectual property law. All areas of intellectual property law in the UK are covered: copyright, trade marks and passing off, confidential information, industrial designs, patent, procedure and enforcement. This book also tackles topical areas, such as the application of intellectual property law to new technologies and character merchandising. While the focus of the book is on intellectual property law in a domestic context, it provides international, EU and comparative law perspectives on major issues. It also addresses the wider policy implications of legislative and judicial developments in the area.

Property Law Current Issues and Debates

Under Article 1 the state can expropriate property in the public interest or control63 property in the general interest, but only in accordance with prevailing law. This limit upon state action only applies to statutory restrictions ...

Property Law  Current Issues and Debates

Published in 1999. Questions of human rights, changes in social structures, economic climates and technological developments all impact on property law. This edited collection provides an in-depth analysis of present law and practical proposals for the future, written by the foremost international figures in the field from a variety of theoretical and professional backgrounds.