Regulatory Property Rights

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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.

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Genre : Law
Author : Christine Godt
Publisher : BRILL
Release : 2016-11-21
File : 259 Pages
ISBN-13 : 9789004313521


Reform And Regulation Of Property Rights

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Genre : Industrial laws and legislation
Author :
Publisher : Taylor & Francis
Release : 1997
File : 452 Pages
ISBN-13 : 0815326858


Protecting Private Property Rights From Regulatory Takings

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Genre : Business & Economics
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher :
Release : 1996
File : 140 Pages
ISBN-13 : UCR:31210014952327


An Introduction To Legal Regulatory And Intellectual Property Rights Issues In Biotechnology

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Biotechnology, a branch of science and a fast-growing source of developing technologies, has shown immense potential for its utility across all the dimensions of our lives. Its applications range from drugs and therapeutics, industrial, household applications, biofuels, and information technology to almost all resource-based sectors, such as manufacturing, aquaculture, agriculture, and forestry. Biotechnology offers outstanding potential to meet the growing demand for food and energy production in a sustainable way. Recognizing its economic and strategic value, countries have implemented several measures to generate a homegrown biotechnology sector and help science-based companies develop. This book covers some of the most important legal issues arising in relation to biotechnology. Topics covered in chapters include 1) the historical development of a legal framework sufficient to protect public safety, 2) the current biotechnology regulatory system and the rules directing the primary agencies that regulate the products of biotechnology (namely the FDA, USDA and EPA), 3) the regulation of human genome editing and its impact on health research, 4) law and emerging genome editing technologies from recombinant DNA technology to CRISPR/Cas9 editing, 5) the development of legal principles to protect property rights in the human body and allow the efficient use of human tissue, organs, DNA, and cell-lines in medical research, and 6) legal issues arising from the use of genetic engineered plants and animals. The authors have ensured that the contents are easy to understand, making this an accessible reference for a broad range of readers. This book, therefore, serves as a quick summary of the prominent legal and regulatory issues in the biotech industry for professionals, as well as scholars in legal study programs.

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Genre : Business & Economics
Author : Alessandro Stasi
Publisher : Bentham Science Publishers
Release : 2023-01-17
File : 165 Pages
ISBN-13 : 9789815080636


Regulation Eu No 608 2013 Concerning Customs Enforcement Of Intellectual Property Rights

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

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Genre : Law
Author : Olivier Vrins
Publisher : Kluwer Law International B.V.
Release : 2024-04-17
File : 268 Pages
ISBN-13 : 9789403514987


The Constitutional Protection And Regulation Of Property And Its Influence On The Reform Of Private Law And Landownership In South Africa And Germany

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One: Research Question, Terminology and Methodology.- 1: Introduction.- 1. An Introduction to the Basic Problems.- 2. Objectives of Research.- 2.1. Motivation.- 2.2. Legal Comparison.- 2.3. Delimitation.- 3. Practical Significance of Research.- 4. Inquiry Outline.- 2: Terminology.- 1. Possible Terminological Difficulties.- 2. Ownership and Property.- 2.1. Ideological Concept.- 2.2. Legal Concept.- 2.2.1. Private Law Terminology.- 2.2.2. Terminology of the Constitution.- 2.2.3. Terminology of Reform.- 2.2.4. Polarisation of the Private Law Property and Constitutional Property.- 3. Public Interest, Common Weal and Public Purposes.- 3.1. Public Interest and Common Weal in the Constitutional Context.- 3.2. Public Interest, Public Purposes and the Property Clauses.- 3.2.1. Public Interest, Public Purposes and Expropriation.- 3.2.2. Public Interest, Public Purposes and Land Reform.- 4. The Relationship between Property and Public Interest.- 3: Legal Comparison and the Course of Inquiry.- 1. Legal Comparison as Method of Analysis.- 2. Comparative Analysis as Constitutional Directive.- 3. Possibilities for Legal Comparison.- 4. Similarities in the German and South African Property Orders.- 4.1. Bases of the Legal Systems and their Material Law.- 4.2. Corresponding Legal Problems.- 4.3. Comparable Legal Methods.- 4.4. Constitutional Principles.- 5. Differences between the German and South African Systems of Property Law.- 5.1. Drafting Circumstances.- 5.2. Wording of South African and German Property Clauses.- 6. Course of Inquiry.- Two: Background to the Constitutional Protection of Property in Germany and South Africa.- 4: The Drafting Histories of the South African and German Constitutional Property Clauses.- 1. Relevance of an Historical Inquiry.- 2. Germany: Development of Property Protection Under a Constitution.- 2.1. Historical Background of article 14 GG.- 2.1.1. First Attempts at Constitutional Protection of Property.- 2.1.2. Property Protection in the Weimar Republic and Under National-Socialism.- 2.1.3. Circumstances Influencing the Drafting of article 14 GG.- 2.1.4. Constitutional Property Protection in a Reunified Germany.- 2.2. Relevance of article 14 GG for the German Property Order.- 3. South Africa: Negotiating a Constitutional Property Clause.- 3.1. Historical Background to the Property Clauses.- 3.1.1. The Inclusion of a Property Guarantee in the Constitution.- 3.1.2. Compromises Incorporated in Section 28 IC and Section 25 FC.- 3.1.3 Certification of Section 25 FC.- 3.2. Relevance of the Constitutional Property Clauses for the South African Property Order.- 4. Constitutionalism and Socio-economic Needs.- 5: Structure of the Constitutional Protection and Regulation of Property in Germany and South Africa.- 1. External Aspects of the Constitutional Property Clauses.- 2. "Positive" and "Negative" Guarantees.- 2.1. The German Property Guarantee.- 2.2 The South African Property Guarantees.- 2.2.1. Section 28 IC.- 2.2.2. Section 25 FC.- 2.3. Legal-comparative Evaluation.- 3. Basic Structure of an Inquiry into the Constitutional Property Clause.- 3.1. Structure of Human Rights Litigation in General.- 3.2. Substantive Issues Relating to the Property Clause.- 3.2.1. Claims Arising from the Constitutional Property Clause.- 3.2.1.1. The Claim to Have Property.- 3.2.1.2. Eligibility to Hold Property.- 3.2.1.3. Insulation of Private Property from State Interference.- 3.2.1.4. Immunity against Uncompensated Expropriation.- 3.2.2. Stages of Inquiries Based on the Constitutional Property Clause.- 3.2.2.1. Inquiries into the Constitutional Validity of an Interference with Property.- 3.2.2.1.1. "Threshold Question".- 3.2.2.1.2. Infringement Question.- 3.2.2.1.3. Justifiability.- 3.2.2.2. Inquiries Regarding the Payment of Compensation.- 3.2.3. Summary: Object of Protection and Nature of Limitation.- 3.3. The Structure of the Judicial System and its Relevance for a Constitutional Property Inquiry.- 3.3.1. The South African Judicia...

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Genre : Business & Economics
Author : Hanri Mostert
Publisher : Springer Science & Business Media
Release : 2002
File : 676 Pages
ISBN-13 : 3540430067


Adapting To Sea Level Rise In The Coastal Zone

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For as long as humans have been inhabiting coastal areas and recording what occurs in their environments, coastal zones have been defined through dynamic interactions. And this is further underlined by a more recent development: observed sea level rise. In a thorough but not overly technical approach, Adapting to Sea Level Rise in the Coastal Zone: Law and Policy Considerations provides a legal-policy framework for facing the challenges of sea level rise. The book includes an analysis of sea level rise adaptation strategies that examines the legal impacts of coastal land use decisions based on the current interpretation of private property rights in relation to public control over those rights. The author discusses the science behind sea level rise and highlights policy complexities and options. He then presents an overview of related legalities, and bringing it all together, applies the principles offered in the book, concluding with strategies and solutions and a perspective on the future. If we accept the premise that sea level rise is occurring and will continue for the foreseeable future, then we must begin to consider policy responses to this risk in coastal regions. Part of any pragmatic policy response must include a review of the options available to public institutions when developing and implementing rational adaptation policies. This book offers practical legal/policy approaches to sea level rise adaptation that promotes sound planning in the face of climate change and rising seas.

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Genre : Political Science
Author : Chad J. McGuire
Publisher : CRC Press
Release : 2013-03-26
File : 225 Pages
ISBN-13 : 9781466559820


Regulation Deregulation Reregulation

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After 25 years of industry restructuring, regulatory reform and deregulation across many industrial sectors in many countries, it is an appropriate time to take stock of the impacts of these reforms on consumers, producers and overall economic performance. This book contains the latest thinking on these issues by a distinguished international group of scholars. It s a collection of essays for our time that is well worth reading. Paul L. Joskow, Massachusetts Institute of Technology, US The most exciting development in the study of regulation in the past quarter century is research on the incentives that are created by the details of the procedures for creating and enforcing regulatory rules. This book brings together a rich collection of studies that collectively advance our understanding of the effect of regulatory governance on the performance of regulated firms, with important lessons about how to design more effective regulatory instruments and processes. Roger G. Noll, Stanford University, US Cycles of poorly-designed or weakly-enforced regulation, disappointing performance and political over-reaction are now familiar to students of regulated industries. Nourished by recent developments in the economics of incentives, including their transaction costs and property rights dimensions, and written by renowned experts in the field, Regulation, Deregulation, Reregulation is a must-read for all those interested in the economics and politics of regulation. A timely book, the publication of which coincides with the designing of a post-subprime regulatory framework for the financial industry. Jean Tirole, Toulouse School of Economics, France Building on Oliver Williamson s original analysis, the contributors introduce new ideas, different perspectives and provide tools for better understanding changes in the approach to regulation, the reform of public utilities, and the complex problems of governance. They draw largely upon a transaction cost approach, highlighting the challenges faced by major economic sectors and identifying critical flaws in prevailing views on regulation. Deeply rooted in sector analysis, the book conveys a central message of new institutional economics: that theory should be continuously confronted by facts, and reformed or revolutionized accordingly. With its emphasis on the institutional embeddedness of regulatory issues and the problems generated by the benign neglect of institutional factors in the reform of major public utilities, this book will provide a wide-ranging audience with challenging views on the dynamics of regulatory approaches. Economists, political scientists, postgraduate students, researchers and policymakers with an interest in institutional economics and economic organization will find the book to be a stimulating and enlightening read.

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Genre : Business & Economics
Author : Claude Ménard
Publisher : Edward Elgar Publishing
Release : 2009
File : 405 Pages
ISBN-13 : 9781848449282


Sustainability Perspectives For Resources And Business

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Miami University in Oxford, Ohio offers a course entitled "Sustainability Perspectives," based on this text. The course was awarded "The Instructional Innovation Award" at the 1996 annual meeting of the Decision Sciences Institute, an association of Decision Science professionals headquartered at Georgia State University in Atlanta. The 1990s have seen the development of important new approaches to sustaining corporate development and protecting the environment. Corporations are beginning to realize their responsibilities for a healthy environment. Sustainable development is viewed as an integrated, ecological, economic, and social system in which both economic growth and quality-of-life improvements can occur in a unified system complementary to the maintenance of natural capital. Sustainability Perspectives for Resources and Businesses shows the reader that a sound understanding of the concepts involved in sustainable development is beneficial to businesses, natural resources, and the population in general. This textbook was written to help students and professionals involved in business, science, or engineering to understand the changes occurring in the workplace. It serves as a step toward understanding how business and science, as professional communities, are adapting to new information about risks to the environment. Various chapters are devoted to resources, values, and valuation systems. Each section develops principles such as resilience and integrity in the economy and the environment.

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Genre : Technology & Engineering
Author : Orie L. Loucks
Publisher : CRC Press
Release : 2023-07-21
File : 396 Pages
ISBN-13 : 9780429612367


China S Developing Legal Structure For Trade And Commerce

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Genre : China
Author : United States. Congress. House. Committee on Energy and Commerce. Special Subcommittee on U.S. Trade with China
Publisher :
Release : 1984
File : 518 Pages
ISBN-13 : LOC:00185445598