Language : English
Published : 2017-06-06
Pages : 468
Annotated Leading Patent Cases in Major Asian Jurisdictions
The first of its kind, this book presents a comprehensive collection of leading patent cases from nine major Asian jurisdictions which are analyzed by eminent scholars and legal practitioners from Asia, Germany, and the United States. It contains thirty case reports covering six topics which best reflect the current trends in Asia in patent law, namely specialized IP court (or division), compulsory licensing, the intersection between patent law and competition law, injunction, damages, and choice of jurisdiction and law in cross-border patent litigation. Each case report explores a landmark case by deconstructing the legal background and the legal reasoning of the decisions, and then discussing the commercial and/or industrial ramifications. The present volume is a useful guide for practitioners, lawyers, and judges alike, a primer for students and businessmen entering the IP world, and a reminder for policymakers, both within Asia and further afield.
Since the publication of the first edition of Elements of Family Law in Singapore in 2007, there have been further developments in the law, both in statutory form as well as case law. This updated second edition follows the original, largely discussing, the developments and its impact on the state of the law currently. The author has striven to improve upon the discussion of the core principles in each topic in this edition.
The Court of Appeal leads the judiciary in its continuing effort to ensure that pristine common law principles are interpreted to serve local needs and circumstances as they should. The High Court has clarified the dominating role of the Women’s Charter in formation of marriages. The separate parts of the law regulating parents and their children are better rationalised to uphold the unique position of parents over other adults who may be interested in the well-being of someone else’s child. The Court of Appeal affirmed and clarified the law regulating marital agreements including pre-nuptial agreements. In the area of division of matrimonial assets, the Court of Appeal has delivered several significant decisions clarifying the law as based upon the concept of deferred community of property where equal credit should be accorded to nonfinancial contribution to acquisition as financial contribution, expounding the purposive interpretation of what properties are matrimonial assets and explaining its view of how to achieve the just and equitable proportions of division as mandated by the statutory provision.
Amongst significant statutory developments is the enactment of the International Child Abduction Act 2011 which enforces Singapore’s commitment in acceding to the Hague Convention on the Civil Aspects of International Child Abduction. New provisions for the better enforcement of orders of financial provision, whether of maintenance or division of matrimonial assets, after termination of marriages are also explained.
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The authors cover topics such as: understanding global governance, the challenges of governance, the theoretical foundations of global governance and the need for global governance.
We need a world trade organization. We just don’t need the one that we have. By pitching unequally matched states together in chaotic bouts of negotiating the global trade governance of today offers – and has consistently offered – developed countries more of the economic opportunities they already have and developing countries very little of what they desperately need. This is an unsustainable state of affairs to which the blockages in the Doha round provide ample testimony.
So far only piecemeal solutions have been offered to refine this flawed system. Radical proposals that seek to fundamentally alter trade governance or reorient its purposes around more socially progressive and egalitarian goals are thin on the ground. Yet we eschew deeper reform at our peril. In What’s Wrong with the World Trade Organization and How to Fix It Rorden Wilkinson argues that without global institutions fit for purpose, we cannot hope for the kind of fine global economic management that can put an end to major crises or promote development-for-all. Charting a different path he shows how the WTO can be transformed into an institution and a form of trade governance that fulfils its real potential and serves the needs of all.