This chapter describes the pitfalls of linear thinking when applied in a whole system perspective. It shows how at first sight it seems so logical to fast jump directly to solutions; after all, the linear way of solving problems has worked in many situations in the past. Nowadays, however, problems are more often made up of networks of subsystems that all strongly interact with each other. This class of problem calls for a Systems Thinking approach such as the Imagineering design process. This chapter concerns the Breathing step, which follows Appreciating in the Imagineering design process. Breathing can be passive or active. Both methods will help you avoid jumping to conclusions which do not satisfy. They will also help you zoom in to devise the subsystems and interactions in the system and to zoom out to see the big picture. A dialogic tool called “actor mapping” is introduced in this chapter. This tool allows you to improve the interaction among the subsystems making the system as whole heal and improve.
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Lilian Outtes Wanderley and Fabio Campos
This chapter explores the protection of 3D models and 3D CAD files from the perspective of copyright law and considers the copyright issues associated with 3D scanning. The chapter begins with a brief overview of the protection of 3D models as artistic works before moving to a detailed consideration of the protection of CAD files from the perspective of copyright law. In doing so, the chapter explores the current debate on whether it is possible to distinguish between instructions, aesthetics and functions in copyright law, also known as ‘separability’. The EU Software Directive as well as UK cases such as Abraham Moon & Sons Ltd v Andrew Thornber and Others and the US case of Star Atheltica LLC v Varsity Brands Inc et al are drawn upon in seeking an answer. Having done so, the final section of the chapter considers the implications for copyright law as a result of 3D scanning. Arguing that the future potential of 3D scanning will only grow, the chapter ends with suggestions for the future, particularly from the perspective of enforcement.
The most recent developments in the legal framework for corporate governance increasingly focus on the monitoring role of shareholders and, more specifically, on their engagement with investee companies. These developments aim at reducing agency problems along the investment chain by enhancing equity investors' oversight and asset managers' accountability.
Christopher Teichmann and Lothar Wolff
Shareholders are to a large extent investing in companies that are not governed by their own jurisdiction. Consequently, the enforcement of shareholders’ duties arising from national law frequently involves a cross-border element. This means that within the European Union, state measures regulating and enforcing shareholder duties will have to be assessed in the light of primary EU law, which affects practically all transnational economic activities in the Common Market.
Christian A. Witting
There is intense debate in the European Union and beyond about the current responsibilities and potential liabilities of shareholders. This chapter argues for greater attention to be paid to the design of a liability regime that incen¬tivises all participants in corporate endeavours to take appropriate measures to avoid the causation of personal injuries. The appropriate liability regime should incentivise shareholders to undertake their statutorily assigned roles in the governance of investee companies - namely, through making proper appointments to corporate boards and undertaking proper monitoring of corporate risk-imposition. The chapter argues that the only incentive that is likely to ensure that shareholders do their part is a residual personal liability for unsatisfied personal injury claims.
M. June Flanders
At the Bretton Woods conference at the end of World War II, and in earlier and subsequent discussions, John Maynard Keynes, together with Harry Dexter White of the US Treasury, took the leading role in designing the post-war monetary settlement, built around the creation of the International Monetary Fund, the International Bank for Reconstruction and Development and an adjustable peg system of exchange rates.
Agents and distributors are essential to the success of the fashion industry. They enable new brands to grow and to reach new markets around the world. It is therefore important to understand the difference between the two as well as the associated legal risks, particularly in a European context. This chapter looks at the impact of the Commercial Agents Directive as well as specific agreements such as selective distribution agreements. It also considers the impact of e-commerce and in particular, the ability that some luxury businesses may have to restrict the sale of their good on popular marketplaces such as eBay and Amazon.
There is a lot of panic in many businesses about European data protection law. This chapter, introduces the key concepts and issues that businesses have to comply with under the General Data Protection Regulation (GDPR). It also dispels many myths and provides practical guidance for finding a lawful basis for processing data and conducting a data protection audit of a fashion business. It looks at data breaches and the explains why compliance with data protection law is in the interests of all businesses regardless of where they are located.
Contract laws and basic principles vary substantially in Europe particularly between countries which come from a common law compared to a civil law tradition. This chapter looks at the most important differences such as pre-contractual liability, misrepresentation, unfair contract terms, good faith and the abrupt termination of commercial relations. It guides the reader through the basic features of a contract and identifies the issues that can commonly go wrong when drafting European contracts so that the reader can avoid a similar fate.