Browse by title

You are looking at 1-10 of 18,603 items :

  • Law - Academic x
  • Chapters/Articles x
Clear All Modify Search
This content is available to you

Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio

This content is available to you

Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio

This content is available to you

Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio

This content is available to you

Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio

This content is available to you

Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio

This content is available to you

Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio

You do not have access to this content

Catharina Maracke and Axel Metzger

At first glance, voluntary patent pledges might seem to be a U.S. phenomenon. Most pledges are published and used by U.S.-based companies. Legal research has primarily focused on a U.S. perspective. However, since Germany has turned out to be the favored battleground for patent litigation in Europe, the question whether voluntary patent pledges are legally binding and enforceable under German law will become relevant.

You do not have access to this content

Daniel J. Gervais

There are many new forms of creation, especially online. Participatory creation happens by direct collaboration using online tools, reuse of materials created by others sequentially, such as reuse of material made available under a Creative Commons license allowing such use or use allowed under a fair use, fair dealing or parody defence. A common denominator of many new forms of creation is that the author is not a professional and has little time, ability or resources to devote to copyright transactions. A taxonomy of new forms of creation is proposed and used to assess the incomplete adaptation of copyright to these new phenomena, including situating the border between derivation and reproduction.

This content is available to you

Mary Jane Angelo

This chapter serves as an introduction to the issues associated with agriculture and climate change and provides context for the other chapters in the volume. It describes how, although a wide range of ideas and perspectives are presented in the volume, several common themes emerge. Climate change and agriculture are part of a complex web of science, law and policy, which extends from the global scale to the smallholder. Agriculture is a significant contributor to climate change and thus should be considered part of the solution, as well as part of the problem. Consequently changes to agricultural systems that reduce GHG emissions, sequester carbon or put land to use in ways that reduce overall atmospheric carbon can be important tools for climate change mitigation. Conversely agriculture in general and food security in particular, will suffer serious adverse impacts from climate change even with mitigation measures in place. Accordingly agricultural adaptation strategies targeted at agricultural production will be critical to ensuring food security in the future. Because of the pervasive complexity and uncertainty regarding climate change impacts on agriculture, it will be important to ensure that any adaptation efforts employ systems approaches aimed at building resiliency in agricultural production as well as in the entire agricultural value chain. In many cases resilient agricultural systems are comprised of both mitigation and adaptive elements. Thus building more resilient systems will have benefits in reducing the adverse effects of climate change as well as adapting to the inevitable effects that will occur. Although climate change will result in adverse impacts throughout the globe, disproportionate impacts will be felt by the poorest and most vulnerable populations. Regions of the developing world face the greatest threats to food security. Mitigation and adaptation strategies, including regulatory and financial policies must include measures to ensure greater food security for poor and vulnerable populations. This volume provides a number of proposals for climate change mitigation and adaptation aimed at providing food security for a growing population in an era of dramatic changes to the global environment. Key Words: food security, climate change, agriculture, resilience, adaptation, mitigation

You do not have access to this content

Duane R. Valz

The patent landscape over the past 15 years has been characterized by two major trends: (1) litigation and aggressive licensing activity by non-practicing entities (NPEs), and (2) litigation conducted by or on behalf of operating companies in high stakes emerging industry segments, such as mobile computing. Within this period of time, we have also seen the emergence of unilateral patent pledges, as described in this volume. This chapter offers a view on the motivations for patent pledges, particularly free patent pledges, paying particular attention to Google’s Open Patent Non-Assertion Pledge. The chapter also briefly addresses how patent pledges are distinguished from, yet complement, networked community cross licenses, another emerging development over the past 15 years. Finally, this chapter presents normative views on certain issues presented by unilateral patent pledges, in view of the fact that such pledges have not to date been tested in litigation.