Intellectual Property Law in Ireland, 4th edition is a detailed guide to patents, copyright and trade mark law. It covers all relevant European legislation and traces its weaving into Irish law. It details European case law together with relevant case law from commonwealth countries, as well as detailing any Irish cases on the three areas and also covers design law. It outlines the workings of the patents, copyright and trade mark offices in Ireland. It is laid out in a practical and user-friendly way, with each section separate, but cross-referenced where necessary. Since the previous edition, only six years ago, there have been a number of fundamental changes to a number of aspects of intellectual property law, which make this new edition essential. The areas that have been expanded and updated in this edition include: - The voluminous European case law on IP issues arising since 2010 - The impact of the new EU TRade Mark Regulation No 2015/2424 - Supreme Court decisions on the law of passing off (McCambridge Ltd v Joseph Brennan Bakeries) and unregistered design rights (Karen Millen Fashions v Dunnes Stores) Along with these, the book looks to future and the developments on the horizon. It tracks the ongoing domestic copyright law and Digital Single Market, as well as discussing the potential benefits of the the Trade Secrets Directive (EU) 2016/943
This is volume one of a two volume case book on admiralty and maritime law written by three leading and well known law professors at Tulane Law School.
The most useful, definitive resource available on every aspect of construction claims, including: how to present the claims how to calculate and prove the amount of damages sustained and how to prove liability It even covers the clauses that should be in every construction contract. You'll get comprehensive coverage of all the important issues -- delay claims, differing site conditions claims, claims for lost profit, international claims, and much more. Includes a variety of winning strategies, practice tips, and helpful checklists to minimize damages and maximize collectability.
The professionaland’s favored tool for over a decade, this backbone reference provides a comprehensive set of drafting elements that can be used from contract to contract. Move step-by-step through the contract-creation process and—from conducting the initial client meeting to closing the deal, with detailed discussions of the eleven, essential drafting elements, parties, recitals, subject, consideration, warranties and representations, risk allocation, conditions, performance, dates and term, boilerplate, and signatures. By Robert A. Feldman and Raymond T. Nimmer A favorite reference tool for professional drafters for over a decade, Drafting Effective Contracts combines a clear analysis of how effective agreements are structured with a practical breakdown of the essential elements of any contractand— giving you the best way to draft contracts. This completely updated practical reference guide presents a consistent structural analysis and a comprehensive set of drafting elements that can be used from contract to contract. You are led step-by-step through the process by which contracts are created, given clear sample contract provisions, and offered direction around the obstacles that may be encountered in drafting agreements for goods and services, promissory notes, guaranties, and secured transactions. Drafting Effective Contracts provides a complete handbook for drafting legal agreements that work. For starters, you get a practical and comprehensive approach to the overall contract processand—from conducting the initial client meeting to closing the deal. Youand’ll find a detailed discussion of the 11 drafting elements that every contract may have: Parties Recitals Subject Consideration Warranties and Representations Risk Allocation Conditions Performance Dates and Term Boilerplate Signatures After you get a solid explanation of these essential elements and how theyand’re assembled to create effective contracts, you get key strategies for negotiating the agreement and closing the deal. You get an overview of the legal concepts that underpin various types of agreements and—such as promissory notes, guaranties, security agreements, and agreements for the sale of goods and services. Then youand’ll see how to apply the drafting elements to create the finished contract. You also get an array of sample agreements and contracts as well as statutory material. Only Drafting Effective Contracts combines the best benefits of a forms book and a treatise to give you the most complete tool for building effective legal agreements.
Widely hailed as one of the best casebooks in legal education, this comprehensive text combines interesting cases, thoughtful analysis, notes, images, and a clear organization for an excellent teaching tool. Cartoons, illustrations, case documents, and photographs provide engaging visual commentary. Sidebars on relevant persons, places, and things provide interesting and sometimes humorous context. New to the Eleventh Edition: New section on will execution during the COVID-19 pandemic, with attention to reconciling “presence” with social distancing Updated and completely revised section on electronic or digital wills, with attention to the latest cases and statutes Updated to account for the 2021 and 2019 revisions to the Uniform Probate Code that, among other things, eliminated gender-based distinctions and expanded recognition of non-biological parent-child relationships Updated coverage of wealth and income inequality and new material on recent proposals for a wealth tax Updated and completely revised section on trust decanting, with attention to the latest statutory and case law developments Updated and completely revised section on asset protection trusts, with attention to key choice-of-law and fraudulent transfer principles Professors and students will benefit from: Unique blend of wit, erudition, insight, and playfulness retained from the late Jesse Dukeminier Organization that covers all the key topics in a logical and clear format Interesting cases that are not only fun to read, but fun to teach Cases enhanced and connected to broader legal principles by well-written connective text, notes, questions, problems, and sidebars Arresting two-color design Cartoons, illustrations, wills and other case documents, and photographs that provide visual commentary and teaching aids
This practical resource helps lawyers of all experience levels gain a firm footing in the rapidly evolving rules of claim construction with expert analysis of emerging methodologies for interpreting patents, a complete guide to the evidence, or modes of proof, accepted by the courts in applying claim construction principles and specific guidance on how the courts are likely to interpret certain phrases, terms, or forms of claims in Markman hearings. By Robert C. Kahrl. Patent Claim Construction is the first comprehensive treatise on claim construction in the U.S. Court of Appeals for the Federal Circuit. This practical resource helps lawyers of all experience levels gain a firm footing in the rapidly evolving rules of claim construction. This knowledge thereby allows for the systematic and efficient identification of the rules most advantageous to the client's position. Patent Claim Construction offers expert analysis of emerging methodologies, reflected in current case law for interpreting patents as a matter of the law and detailed descriptions of the cases applying the rule, as well as commentary describing the trend toward or away from favoring that particular rule. Additionally, the author includes a complete guide to the evidence, or modes of proof, accepted by the courts in applying claim construction principles and specific guidance on how the courts are likely to interpret certain phrases, terms, or forms of claims.
Health Care Fraud: Enforcement and Compliance focuses on fraud and abuse issues involving health care providers as well as application of the laws governing fraud and abuse to manufacturers of drugs and medical devices and other non-providers such as medical researchers.
This book was written to bring together a summary of the current knowledge on merit pay and to further advance understanding of this type of incentive pay plan. When the writing of the first edition was begun in 1989, there were no books devoted exclusively to the subject of merit pay. Thus, this book was written to fill a void in the compensation literature. Since then, surveys have shown that merit pay remains a frequently used method of incentive compensation, and research into the merit pay process continues to grow. However, other forms of incentive pay, such as gainsharing, continue to receive the most attention, as evidenced by the number of books and articles on this topic in the popular press. In response to the frequent use of merit pay in organizations and the growing body of research, a book-length treatment of merit pay was needed. What we hope to do with this second edition, beyond updating, is to link merit pay with the many changes going on in total compensation or "reward management" (R. Heneman, 2001a, 2002). We also will argue that, even among all the challenges and changes that organizations currently face, there is still "merit" in appropriately conceived and implemented merit pay plans (Bates, 2003c).
In Steamboats and the Rise of the Cotton Kingdom Robert Gudmestad offers new insights into the remarkable and significant history of transportation and commerce in the antebellum South. He examines the wide-ranging influence of steamboats on the Southern economy. From carrying cash crops to market, to contributing to slave productivity, increasing the flexibility of labor, and connecting southerners to overlapping orbits of regional, national, and international markets, steamboats not only benefitted slaveholders and northern industries but also affected cotton production.
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