bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Role of the Criminal Procedure Rules
Authors: Sprack John , Engelhardt–Sprack Michael 
Published: March 2021

Abstract
The procedural framework for the criminal courts is governed by various sets of rules. Of course, these rules do not always provide a clear description of what actually happens on the ground. In order to get an overall picture of the workings of the courts in practice, it is necessary to have some idea of the context in which the rules operate, the way in which they interact with the underlying principles of substantive criminal law and evidence, and the conventions which are adopted by the judges and practitioners who implement them. This book is an attempt to provide that context. But the rules themselves play an important part in setting out the duties of the parties and the court in relation to the case and the various transactions which it involves. They set deadlines, prescribe methods of performing tasks, and lay down the powers of the courts to deal with a variety of situations. They constitute the bricks with which the edifice of criminal procedure is constructed.
The Jury
Authors: Sprack John , Engelhardt–Sprack Michael 
Published: March 2021

Abstract
If the accused pleads not guilty, then, unless the prosecution chooses to offer no evidence, a trial must be held. There are now limited exceptions to the general rule that trial on indictment must be by judge and jury (see Chapter 19). Subject to those exceptional situations, a jury must be empanelled (or, more colloquially, sworn in). The law concerning juries is contained chiefly in the Juries Act 1974, which is denoted in the remainder of this Chapter by the letters JA. The relevant procedure is covered in CrimPR, rr 25.6 to 25.8 and 26.1 to 26.5. Further guidance is to be found in Criminal Practice Directions VI Part 26. Blackstone’s Criminal Practice 2019 D13 and D19 covers the law relating to juries in detail.
Determining the Sentence
Authors: Sprack John , Engelhardt–Sprack Michael 
Published: March 2021

Abstract
Chapter 22 dealt with the procedure which the court follows prior to passing sentence. The sentencer should therefore have the information upon which to decide sentence. That decision involves a choice between a series of options. In any particular case, the range of options will be in part determined by the circumstances of the offence (e.g., whether it is imprisonable and the maximum punishment which the law lays down) and of the offender (e.g., his age). Usually, however, the sentencer has a fairly wide range of possibilities for disposing of the case. The various options for sentence are considered in detail in Chapters 24 and 25. Without any attempt to be exhaustive, such options include (in roughly increasing order of gravity):
Custodial Sentences
Authors: Sprack John , Engelhardt–Sprack Michael 
Published: March 2021

Abstract
This Chapter and the one following describe the sentencing options open to the courts. The general nature of a particular sentence, the age group for which it is intended, and any restrictions on its imposition are explained. The special limitations on the powers of the magistrates’ courts, and on the powers of an adult magistrates’ court when dealing with a juvenile have already been explained (see 10.65 to 10.73, 11.29 to 11.31, and 12.02 to 12.05). This Chapter concentrates upon those sentences which can be described as ‘custodial’. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO Act 2012) made a number of changes in this field, and those changes are described in the relevant paragraphs.
Aircraft and Shipping
Authors: Lodge Hugo D 
Published: March 2021

Abstract
The core power to impose aircraft sanctions is found in section 1(5)(d) of the 2018 Act. Aircraft caught by the 2018 Act include drones and space-ships, but they must be civilian not military. Section 6(9) refers. Foreign police helicopters and aircraft could be subject to sanctions. Further, there is a broad definition of the geography of the UK for the purposes of this part of the Act, to include its territorial sea (section 6(8)).
Information and Reporting Obligations
Authors: Lodge Hugo D 
Published: March 2021

Abstract
The 2018 Act broadens the scope of reporting obligations. Since 2017, the combined effect of statute and regulations require relevant businesses and professionals (e.g. financial institutions, lawyers, and accountants) to report to the Office of Financial Sanctions Implementation (OFSI) whenever they know or suspect that a customer or counter-party is an asset-freeze target or has breached a financial sanction. Failure to do so is a criminal offence.
Organizational Structure and Functions of The Internet Corporation For Assigned Names and Numbers (ICANN)
Authors: Bettinger Torsten , Greimann Volker 
Published: March 2021

Abstract
Although the Internet Corporation for Assigned Names and Numbers (ICANN) is responsible for the management and the creation of rules with respect to a key global issue of the twenty-first century, it sets up its organizational structure and legitimating basis in a way that differs significantly from the political and organizational schemes that were used to solve similar global phenomena in the past. In terms of its organizational form, ICANN is neither an intergovernmental organization (IGO), nor a classic non-governmental organization (NGO) with individual or institutional members, but a new, unprecedented type of a private transnational organization which represents various types of stakeholders from around the world, and is made up of elected and appointed representatives of institutions, numerous ‘advisory committees’, ‘constituencies’, and ‘supporting organizations’ (SOs).
Icann’S New gTLD Program
Authors: Bettinger Torsten , Rodenbaugh Mike 
Published: March 2021

Abstract
Since its creation in 1998, the Internet Corporation for Assigned Names and Numbers (ICANN) has been responsible for ensuring free trade and marketplace competition in the sale and regulation of domain names, as well as overseeing the stability of the Domain Name System (DNS) and the creation of consistent, functional policies. Therefore, its responsibilities include assessing when, and to what degree, additional generic top-level domains (gTLDs) are needed in order to ensure the proper functioning of the DNS. In order to make such a determination, ICANN relied on the input of interested Internet stakeholders as mandated through its multi-stakeholder model, which involves interested business entities, individuals, and governments from around the world.
Australia (‘.au’)
Authors: Payne Alistair , Fixler David 
Published: March 2021

Abstract
Trade marks and trade names are protected in Australia by a combination of registered trade mark protection (Trade Marks Act 1995 (Cth) (TMA), the action in ‘passing off’ at common law and by the prohibitions on misleading or deceptive conduct and false association under the Australian Consumer Law (ACL) (Schedule 2 of the Competition and Consumer Act 2010) ss 18 and 29 (corresponding provisions under previous legislation: Trade Practices Act 1974, ss 52 and 53).
Turkey (‘.tr’)
Authors: Aksu Mustafa 
Published: March 2021

Abstract
The Trademark Decree-Law constitutes an important component in the alignment of Turkish trademark law with European laws concerning intellectual property. According to the Trademark Decree-Law, protection is only possible for registered trademarks (Trademark Decree-Law, Article 6). Unregistered trademarks must instead rely on the unfair competition law provisions of Articles 54 to 63 of the Turkish Commercial Code (hereinafter TComC).
Meaning of Key Legal Terms and Concepts
Authors: O’Dea Geoff , Long Julian , Smyth Alexandra 
Published: March 2021

Abstract
Schemes of arrangement implemented pursuant to Part 26 of the Companies Act 2006 can be used to effect a ‘compromise or arrangement’ between a company and: (i) its creditors or any class or them; or (ii) its members or any class or them. The meaning of the term ‘company’ has already been considered in Chapter 2.
Takeovers by Scheme of Arrangement
Authors: O’Dea Geoff , Long Julian , Smyth Alexandra 
Published: March 2021

Abstract
Historically, the most popular mechanism to effect a takeover of a public company incorporated in the United Kingdom (particularly one publicly traded in the United Kingdom) was via a contractual offer whereby a bidder makes a general offer to all shareholders on the register of members of the target to acquire their shares. However, as discussed in Chapter 1, this has been shifting and in more recent times schemes of arrangement appear to have become the structure of choice (at least with respect to higher value transactions) for implementing a recommended takeover of a public company that is both incorporated and traded in the United Kingdom.
National Report for Belgium
Authors: Dirix Eric , Fransis Roel 
Published: March 2021

Abstract
In contrast to other legal systems, Belgium does not have a comprehensive insolvency code that deals with all kinds of insolvency proceedings. Instead, separate legislation exists for each type of insolvency procedure: bankruptcy (Bankruptcy Law of 8 August 1997, hereafter the ‘Bankruptcy Law’), judicial reorganization (Law on the continuity of enterprises of 31 January 2009, hereafter the ‘Business Continuity Law’), debt reorganization for natural persons (articles 1675/2–17 of the Judicial Code), and voluntary winding up of companies (articles 181–196 of the Companies Code).
National Report for France
Authors: Cuniberti Gilles , Rueda Isabelle 
Published: March 2021

Abstract
France’s first specific provisions on the treatment of executory contracts in insolvency proceedings were adopted in 1967. Thereafter, French insolvency law was modified in 1985, 1994, 2005, and 2008, with all but the 2005 reform modifying the executory contracts provisions. The goal of such modifications was often to clarify the law, incorporating judicial interpretations into the statutory provisions.
National Report for Germany
Authors: Paulus Christoph G , Berberich Matthias 
Published: March 2021

Abstract
Insolvency proceedings mainly pursue the objectives of optimal creditor satisfaction by maximizing recovery rates as well as—quite equally ranking—business rescue. Since contracts concluded by the debtor prior to the opening of insolvency proceedings may constitute either an economic burden or a benefit for the estate, it is generally accepted that the debtor should adhere only to those that are beneficial, and seek relief from detrimental pre-commencement contracts—provided certain conditions are fulfilled. German insolvency law therefore allows the insolvency administrator to draw a line and to choose which pre-commencement contracts will be performed.
National Report for Sweden
Authors: Persson Annina H , Tuula Marie Karlsson 
Published: March 2021

Abstract
When a party to a mutual contractual relationship opens insolvency proceedings, the question arises of how to handle the debtor’s agreements, ie contracts which at the commencement of the proceedings have not been fully performed by both the insolvent debtor and the counterparty. Both in a bankruptcy and in a company reorganization, a debtor’s contracts are usually one of the main assets, and so usually the debtor is greatly in need of the counterparty fulfilling his obligations despite the commencement of insolvency proceedings.
Exemption Clauses And Unfair Contract Terms
Authors: Fairgrieve Duncan , Goldberg Richard 
Published: March 2021

Abstract
Parties to contracts frequently seek to exclude or modify the liabilities and remedies which would otherwise arise through breach of the express and implied terms discussed in earlier chapters. Such exemption or exclusion clauses may take a variety of forms. For example, there may be a simple statement that the goods are sold as is, or with all faults; or the clause may be exhaustively comprehensive. Similarly there may be an attempt to place a time limit on claims, to circumscribe the ability to reject defective goods, to limit the damages recoverable whether by reference to a specified sum or by excluding claims for consequential loss, or to substitute lesser obligations for those which would arise under the general law. There is nothing inherently objectionable in this where the parties are bargaining on an equal footing and the contract is the result of a genuine agreement between them. In principle commercial enterprises ought to be free to decide on the allocation of risks (and so of insurance cover) under their contract. They are unlikely to approve of well-meaning attempts to override the effect of their bargain.
Defects In Warnings And Instructions For Use
Authors: Fairgrieve Duncan , Goldberg Richard 
Published: March 2021

Abstract
It has long since been recognized that liability in negligence may be incurred where there has been a failure to warn of a product’s dangerous characteristics and there is no shortage of modern examples to illustrate the point. The lack of a warning or directions for use may also render an otherwise acceptably safe product defective for the purposes of strict liability.
The European Trade Mark System
Authors: Annette Kur , Senftleben Martin 
Published: March 2021

Abstract
Before the harmonization of trade mark law in the EU, the legal traditions in the Member States of the European Economic Community were divided into common law systems and civil law systems, with certain differences also prevailing between the latter. In all countries alike, the original objective underlying the protection of commercial signs had been to indicate property of goods offered in the marketplace or to enable national authorities to control the quality, kind, or amount of production. In the age of industrialization, the concept developed into the notion of signs indicating origin of goods stemming from private enterprises, with the accent being placed on different aspects of that concept. In civil law countries, the emphasis lay on indicating that a particular business had ‘ownership’ of a sign. Thus, the legislature saw its foremost task in establishing a secure and transparent system for the acquisition and maintenance of ownership, and offering trade mark owners the legal means necessary for defending the mark against illicit use by unauthorized others. In common law, the accent lay on the prevention of passing off, which was considered a task in the public interest rather than serving private commercial aims. In contrast to continental civil law, creating a public register and admitting private claims against infringement were not tantamount to acknowledging a proprietary right in trade marks. Instead, these measures were taken to efficiently support the public policy objectives underlying trade mark law.
Cancellation and Loss of Trade Mark Rights
Authors: Annette Kur , Senftleben Martin 
Published: March 2021

Abstract
Different from other intellectual property rights, rights vested in a trade mark do not have a finite duration; they can last ‘forever’. Under systemic aspects this is due to the fact that as long as the message conveyed by the sign is correct it would be contrary to the interest of consumers to let it lapse and fall back into the public domain. Also, from a competition point of view there is no need to terminate protection as long as the right holder keeps using the sign and the designated goods and services themselves are not subject to market exclusivity.
International Registration (Madrid System)
Authors: Annette Kur , Senftleben Martin 
Published: March 2021

Abstract
In Articles 145 to 161 of the European Union Trade Mark Regulation (EUTMR), EU trade mark law sets forth harmonized rules with regard to the international registration of marks under the Madrid System (see paragraphs 2.29–2.32). These provisions regulate the interplay between the Madrid Protocol (MP) and the EUTM system. While EU Member States may join both the Madrid Agreement (MA) and the MP, the EU—as an intergovernmental organization—only has the option of becoming a party to the MP (by virtue of Article 14(1)(b) MP). The EU accession to the MP occurred on 1 July 2004 (and entered into force on 1 October 2004).
The Nature and Origins of Patent Rights
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter begins by setting out the definition of a patent, covering issues such as exclusionary right, property right, and limited duration. It then traces the early history of patents in England. During the reign of Queen Elizabeth I, monopolies in commodities such as salt, coal, playing cards, and many others were frequently granted by letters patent either to raise revenue, or to reward royal favourites at the public expense. The first English patent granted to an inventor in the modern sense of the word appears to have been that to Giacopo Acontio in 1565 for a new type of furnace. The remainder of the chapter discusses the early histories of patents in Continental Europe (Venice, Germany, France, and the Netherlands) and North America.
Maintaining a Patent in Force and Extending the Patent Term
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter discusses the maintenance and extension of patent terms. Applicants who receive patents in the countries in which they applied must be aware that these patents do not go on indefinitely. Subject to any extension provisions, these have a fixed legal term that, in most countries, is twenty years from filing as required by the TRIPs Agreement. This means that, if a continuation or continuation-in-part application is filed after that date, the twenty-year term does not run from the filing date of that application, but from that of the parent application. It used to be that refiling an application, by delaying the granting of the patent, extended the patent term, but this is no longer the case. The remainder of the chapter covers renewal fees; the effect of changes in patent term; patent term adjustment in the US; extensions to compensate for regulatory delays; and licences of right.
Invalidity and Amendment of Granted Patents
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter focuses on the law governing the validity and amendment of patents in the UK and US. The grant of a patent does not guarantee its validity. The chance that a patent will be held to be valid if challenged depends on the completeness of the search performed; the strictness of examination of the patent in the patent office; the legal and technical competence of the patent examiner; the chance of intervention by third parties during the patent office proceedings; and the pro- or anti-patent attitude of the national courts. Patents granted by the European Patent Office (EPO), Japanese Patent Office, or US Patent and Trademark Office are subject to a relatively rigorous substantive examination. However, patents in other countries, such as South Africa, Belgium, or even the Netherlands, are granted after a formal examination, without any investigation as to whether the claimed invention meets the patentability criteria.
Patents and Competition Law—United Kingdom and European Union
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter focuses on competition law in the UK and EU. Most countries, as well as the EU, have developed a body of competition law to provide countermeasures against what are regarded as abuses of monopoly by patentees. Abuse of monopoly is the use of a patent simply to exclude others, while not working the invention oneself. Provisions of the Paris Convention enable compulsory licences to be granted if the patent is not worked within a certain time. In the UK, they may also be granted if the patentee is preventing the working of a dependent patent by refusing to grant a licence. In the EU, competition law for the internal common market is within the exclusive competence of EU institutions; the national governments of member states only assist these institutions when it comes to implementation of the legislation. The remainder of the chapter explains EU patent licence agreements.
Misuse of Private Information
Authors: Warby Mark , Garrick Adèle , Strong Chloe 
Published: March 2021

Abstract
This chapter is concerned with the cause of action known as misuse of private information. The cause of action, though closely related to traditional breach of confidence, is separate and distinct from it, and protects different interests. It is claims for misuse that are likely to be of greatest significance in most media privacy cases, but practitioners should not overlook the fact that there are overlaps between this and traditional breach of confidence.
The Privacy Codes
Authors: Takatsuki Yuli , Abbas Nigel 
Published: March 2021

Abstract
Alongside the legal framework which regulates the media’s activities, a system of regulation operates to uphold standards of journalism and programme-making and to provide at least a partial remedy for those whose privacy has been invaded by the media. Different bodies currently regulate different branches of the media. Ofcom (the Office of Communications) regulates the content of all television and radio programmes in the United Kingdom except that the BBC retains sole jurisdiction in relation to certain matters broadcast on BBC channels funded by the licence fee. The Independent Press Standards Organisation (IPSO) has recently taken over as principal regulator of the newspaper and magazine industry (although a new body, the Independent Monitor for the Press (Impress), has also recently been formed). IPSO replaced the Press Complaints Commission (PCC) in September 2014, with which has now ceased to exist, having regulated the print media industry since 1991. These bodies adjudicate upon complaints with reference to codes of practice which media falling within their regulatory remit are required to comply. The Ofcom Broadcasting Code, drawn up and regularly reviewed and revised by Ofcom, is the primary broadcasting code relating to the broadcast of television and radio programme content in the United Kingdom.
Scope and Jurisdiction
Authors: Fletcher Ian F 
Published: March 2021

Abstract
This chapter explains the scope of operation of the EC/EU Regulation on Insolvency Proceedings. It emphasizes Article 1, which defines the Regulation’s scope in terms of the type of proceedings to which it does and does not apply, and Article 3, which prescribes the rules of international jurisdiction for all cases which fall within the Regulation’s sphere of application. Article 1(1) defines the scope in positive terms, by declaring that it ‘shall apply to collective insolvency proceedings which entail the partial or total divestment of a debtor and the appointment of a liquidator’. On the other hand, Article 3 imposes a set of jurisdictional rules which are applicable to all cases under the Regulation. The chapter concludes with a summary of the principal changes which will take effect under the provisions of the Recast Regulation (RR) which was adopted on 20 May 2015.