bluuebunny/crossref_metadata_2025_split huggingface dataset:
Principles of Takeover Regulation
Authors: Kershaw David 
Published: March 2021

Abstract
Providing a clear and comprehensive exposition of takeover law in the UK, this book analyses the principles behind the Takeover Code, explaining the origin, effect, and operation of the rules and regulation with reference to practice and theory. Set in an economic context, the book includes coverage of the jurisprudence of the Takeover Panel, and offers an in-depth understanding of takeover regulation while also providing a degree of context and background to make sense of the regulation. A thoughtful explanation of takeover law, this is a valuable resource for the field of takeover law.
The Voluntary Offer
Authors: Kershaw David 
Published: March 2021

Abstract
This Chapter commences the book’s analysis of the Code’s regulation of the terms of a voluntary offer. Most importantly, this Chapter explores the role of equality of treatment in structuring these rules. It considers first the Code requirement to make an offer for all classes of shares and convertibles: a comparable offer for different classes of share, and an appropriate offer for convertibles. This first part of the Chapter explores what is required by a comparable or appropriate offer as well as the Code’s understanding of when additional rights connected to shares render such shares a separate class of shares. This section also explores the justification for the requirement to make comparable offers and finds that equal treatment does not provide a persuasive rational for the rule rather the rule is supported by an idea of minority shareholder protection and the right to exit when faced with a new controller. The second part of the Chapter considers rules that provide for equality of treatment in relation to price, the form of consideration and in relation to other arrangements between the bidder and selected shareholders. As in relation to the requirement to make an offer for all classes of shares, this Chapter is concerned to interrogate intuitive “equal protection” accounts of why we have these rules. It shows that in relation to the highest price rule equality of treatment has some, but incomplete, traction. Particularly where a target company has an existing controller, equal treatment is unpersuasive as a rational for the highest price rule and we must look elsewhere to support the rule. The Chapter considers alternative rationales for the rule, in particular, market integrity and the early-years concerns of the Panel that the market was rigged in favour of institutions to the detriment of retail investors. Finally, given its centrality to these areas of regulation, the Chapter considers the definition of the term “acting in concert” and its effect on these rules.
Country Code Top-Level Domains
Authors: Bettinger Torsten 
Published: March 2021

Abstract
In addition to the gTLDs, there are currently some 250 spaces known as ‘country code top-level domains’ (ccTLDs). ccTLDs were established at the dawn of the Internet, with the intention of facilitating and promoting the spread of the Internet globally. The ‘.us’ domain name was the first delegated ccTLD, followed by ‘.uk’ and ‘.il’ in 1985.
Domain Name Industry
Authors: Skou Jannik 
Published: March 2021

Abstract
Since the late 1990s, when domain names emerged on the consumer market with the introduction of numerous domain registrars for the ‘.com’, ‘.net’, and ‘.org’ spaces, a dynamic and fast-growing industry has emerged. During the past 20 years, this industry has grown and matured, and is now in the midst of a dramatic and unprecedented expansion. With the launch of more than 1,000 new gTLDs, of which approximately 100 are written in non-Latin scripts (so-called IDNs—Internationalized Domain Names), the Domain Name System (DNS) is on the horizon of a new era. New providers in both the primary and secondary markets have entered the marketplace, and large players are looking to secure even greater market shares.
Canada (‘.ca’)
Authors: Macramalla Eric 
Published: March 2021

Abstract
Traders need not register their trade-marks to enjoy proprietary rights in their marks, as trade-marks may also enjoy common law protection. However, there are substantial benefits to seeking a trade-mark registration in Canada. A registration provides the owner with the exclusive right to use the mark in association with the related goods or services across Canada, is prima facie evidence of ownership in Canada, and serves as a means to deter third parties from adopting similar marks by virtue of their existence on the public record. In contrast, the rights possessed by the owner of an unregistered trade-mark are limited to where the owner has managed to establish a reputation.
Hong Kong (‘.hk’)
Authors: Xue Hong 
Published: March 2021

Abstract
The current trademark law is the Trademarks Ordinance (TMO, Chapter 559) and the Trademarks Rules (Chapter 559A). The TMO is modeled on the trademark laws of the countries of the European Union, in particular, the United Kingdom Trademarks Act 1994. The relevant United Kingdom cases as well as those of other common law countries (such as Australia, New Zealand), although not binding, provide guidance on the interpretation of Hong Kong trademark law. The TMO grants exclusive rights to the owners of registered trademarks.
Rights Protection Against Registration and Use of Domain Names within a New gTLD
Authors: Bettinger Torsten , Waddell Allegra , Xue Hong 
Published: March 2021

Abstract
Pursuant to the Rights Protection Mechanisms (RPMs) implemented in the course of the New gTLD Program, registry operators of the new gTLDs are required to provide certain services designed to avoid the registration of domain names by potential trademark infringers. These RPMs include a Sunrise Registration Service, which affords trademark owners the ability to pre-emptively register domain names before registration becomes generally available. Furthermore, the Trademark Claims Service requires registry operators to notify registrants and trademark owners if the registrant applies for registration of a domain name which is identical to another’s trademark.
Other ICANN Consensus Policies
Authors: Bettinger Torsten 
Published: March 2021

Abstract
In addition to the Uniform Domain Name Dispute Resolution Policy (UDRP), ICANN has established eight other consensus policies which apply to the gTLD spaces under its purview. Consensus policies are the product of policy development processes at the Generic Names Supporting Organization (GNSO) in its function to develop and recommend to the ICANN Board substantive policies relating to generic top-level domains. They are intended to produce a consensus of Internet stakeholders and relate to issues including interoperability, security and stability of the Internet or the registry database for a TLD, the provision of registry services or operations, or the resolution of domain name disputes. Only policies which are developed through the Policy Development Process and receive appropriate approval by the GNSO Council and ICANN board may be considered consensus policies. Consensus policies are incorporated into registry contracts and in the Registrar Accreditation Agreement, ensuring that GNSO recommendations are implemented. These policies apply to different groups of individuals and/or entities and are suited to different purposes, which will be briefly outlined in the sections below.
Alternative Dispute Resolution Procedures for ccTLDs
Authors: Bettinger Torsten 
Published: March 2021

Abstract
As described in Part I, the ultimate public policy authority for the operation of ccTLDs rests with the relevant government or public authority, and how this authority is exercised is determined by applicable law. While ICANN retains the role of coordinating and ensuring the stability and security of the domain name system with regard to the gTLDs, with respect to the ccTLDs, the registries and the relevant governmental authorities retain important administration and self-determination rights. This includes the ability to determine the types of dispute resolution procedures that apply under a particular ccTLD.
National Report for Israel
Authors: Hahn David 
Published: March 2021

Abstract
Israel’s insolvency law is trifurcated and is comprised of the Bankruptcy Ordinance, the Companies Ordinance, and the Companies Act. The first of these regulates insolvency proceedings pertaining to individuals, and the other two regulate proceedings pertaining to corporations. The Companies Ordinance deals with corporate liquidation and receivership, and the Companies Act handles corporate reorganization. While certain provisions appear in all three Acts, other provisions appear only in one or two of them. The subject of executory contracts is one of the main matters with respect to which the three Acts differ. The Bankruptcy Ordinance (Pkudat Pshitat Ha-Regel) and the Companies Ordinance (Pkudat Ha-Havarot) address the issue of executory contracts within the context of onerous property. As a result, this legislation covers only the ability of the trustee to release the estate from burdensome, unprofitable contracts.
Collective Marks and Certification Marks
Authors: Annette Kur , Senftleben Martin 
Published: March 2021

Abstract
It is a defining feature of ‘ordinary’, individual trade marks that they indicate a single commercial source. Collective marks and certification marks, by contrast, are meant to signify membership in an association, or a particular quality, or compliance with other, specific conditions. Furthermore, while an individual mark’s quality function, that is, consumer expectations with regard to the quality level and the consistency of product characteristics, is in most cases only indirectly protected, meaning that competitors or members of the public cannot request sanctions under trade mark law in case that quality changes occur (see Chapter 7, sections 7.2.3 and 7.6.4.4.2), collective marks and certification marks risk losing their validity when the standards they are meant to indicate are neglected.
Administrative Measures
Authors: Annette Kur , Senftleben Martin 
Published: March 2021

Abstract
In the field of administrative measures, proceedings before the registration authorities, such as registration, opposition, and cancellation proceedings, including the possibility of appeal, are of particular importance. These administrative procedures have already been discussed in detail in Part III. Apart from these office procedures, Regulation No. 608/2013 concerning customs enforcement of intellectual property rights (hereinafter: ‘Customs Regulation’ or ‘CR’) occupies centre stage when administrative enforcement measures are sought.
Harmonization of Patent Law
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter details developments in the harmonization of patent laws. The Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement has made significant strides in harmonizing levels of patent protection. TRIPs requires practically all countries of the world to have patent systems in which compounds, including pharmaceuticals, can be patented per se for a term of at least twenty years, with no local working requirements and no routine granting of compulsory licences; with importation of a product and sale of the product or a process being clearly defined as infringement; and with clear standards for the enforcement of patent rights. Other harmonization initiatives include the Patent Law Treaty, the Substantive Patent Law Treaty, the Trilateral Cooperation, the Convention on Biological Diversity, and the Nagoya Protocol.
Chemical Inventions
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter considers the law governing the patentability of chemical inventions, including novel compounds, polymeric compounds, new salt forms, new physical forms, new synthetic processes, analogy processes, new compositions and mixtures, and new uses and new application processes. A novel compound, for instance, cannot be patented unless it is industrially applicable. Despite being new and useful, a compound may not be patentable if it is so close to the prior art that there is no inventive step involved in making it. For polymers, it is still possible to obtain new and patentable polymers using various kinds of modification, provided that these give useful and non-obvious results. If a group of compounds is new and inventive, then not only are claims to the compounds per se patentable, but also claims to the process for the preparation of the compounds, even if it is known as a method for making similar compounds.
Drafting the Patent Specification
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter explains the procedure for drafting a patent specification. When an invention of any kind has been made, the first step towards drafting a patent specification is defining the scope of the invention, or forming a mental picture of what is to be claimed. The second step is putting that mental picture into words. Once the patent attorney gains a clear picture of the correct scope of the invention, he or she can begin the task of drafting the specification and claims of the application. The remainder of the chapter discusses the structure of the patent specification; priority and foreign filing texts; sufficient requirements in the US, UK, and other countries; and special requirements for biotech inventions.
Prosecution of the Patent Application to Grant
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter considers some problems that may arise when objections of lack of unity, lack of novelty, or lack of inventive step are raised against a patent application. Objections of lack of unity are more of a nuisance than a real threat. One can avoid the problem by filing one or more divisional applications on time. Apart from questions of whether or not a citation really is prior art and whether or not it has been interpreted correctly, objections of lack of novelty are a relatively straightforward matter: either the claim is anticipated or it is not, and if it is, it must be limited accordingly. Obviousness or lack of inventive step, however, is a subjective matter and for this reason by far the greatest part of the work involved in patent prosecution is in arguing that the invention is not obvious over the citations that have been made.
Context and Background
Authors: Wolanski Adam , Shore Victoria 
Published: March 2021

Abstract
The law of privacy has come a long way since the Human Rights Act 1998 (HRA) came into force in October 2000. Before then, the prevailing view was that there was no right to privacy at common law and that it had ‘so long been disregarded here that it can be recognised only by the legislature’. Instead, indirect, piecemeal protection of privacy was afforded through existing causes of action where the facts of individual cases permitted it. Despite judicial dicta leaving the question open, this appears to have remained the position at least until the HRA came into force.
Privacy in European, Civil, and Common Law
Authors: Moreham N A , Aplin Tanya 
Published: March 2021

Abstract
The purpose of this chapter is to examine some of the external sources that influence the shape and scope of the protection of privacy in English law. Those influences are diverse. They include the jurisprudence of the European Court of Human Rights (ECtHR) and other institutions of the Council of Europe, European Union instruments, international human rights obligations, foreign common law jurisdictions, and European civil law. All of these sources form part of the multifaceted context in which English privacy protections are developing.
Harassment by Publication
Authors: Moreham N A 
Published: March 2021

Abstract
The Protection from Harassment Act 1997 (PHA) is becoming an increasingly important tool for those seeking to protect their privacy against intrusion by the media and private individuals. The Act was introduced to combat stalking, racial harassment, and disruption from neighbours but ‘harassment’ is not defined in the Act and its reach is therefore in fact much wider. As will be discussed in Chapter 10, the PHA has the potential to catch a range of media news-gathering activities including persistent photography, trailing, and door-stepping.
Remedies and Sanctions
Authors: QC Matthew Nicklin , Strong Chloe 
Published: March 2021

Abstract
This chapter considers the legal remedies that may be available to those who complain that an invasion of their privacy has occurred or is threatened by the actions of the media, as well as touching briefly on the criminal sanctions that may be applicable. Regulatory remedies under the Data Protection Act are considered in Chapter 7 and the remedies available from the media regulators in Chapter 14. Whether a remedy is sought before or after publication, and whether the complaint relates to the content of an actual or proposed publication or the method by which personal information has been obtained, it is likely that any relief granted will affect the exercise of the right to freedom of expression enshrined in Article 10 of the European Convention on Human Rights (ECHR). In such circumstances s 12 of the Human Rights Act 1998 (HRA) applies. The interpretation given to this important statutory provision by the courts is considered in Section C, but this chapter begins by looking at Parliament’s intention in enacting s 12. This is not necessarily to suggest that courts should have regard to such material as an aid to construction under the rule in Pepper v Hart but rather to explain the legislative background to this highly relevant provision.
The Problem of Public Authority Negligence Liability
Authors: Fairgrieve Duncan , Squires QC Dan 
Published: March 2021

Abstract
For a number of reasons the courts have exhibited some wariness about imposing liability on public authorities. They are concerned that the threat of negligence liability might hamper the authority in its attempt to discharge its public duties, or that the limited resources of a public authority should not be spent compensating those whom the authority failed to protect from harm. There is also a concern that decisions about the allocation of public resources should be made not by the courts at all but by the authorities themselves, which are generally answerable to political processes. It is apparent that such consideration does not arise in relation to negligence claims brought against private parties, and this book attempts to examine the principles the courts have formulated to determine how defendants’ liabilities are affected by the fact that they were discharging public obligations at the time of their alleged negligence.
Human Rights Act 1998
Authors: Fairgrieve Duncan , Squires QC Dan 
Published: March 2021

Abstract
The following chapter examines claims that can be brought under the Human Rights Act 1998 (HRA). The HRA makes it unlawful for a ‘public authority’ to breach the European Convention on Human Rights (‘the Convention’). The HRA accords to the victims of a breach of the Convention the right to pursue a claim against the offending public authority in the UK courts, when previously they were required to apply to the European Court of Human Rights in Strasbourg to vindicate their Convention rights.
The Relationship Between Children's Problematic Internet-related Behaviors and Psychological Distress During the Onset of the COVID-19 Pandemic: A Longitudinal Study
Authors: Chen Chao-Ying , Chen I-Hua , Hou Wen-Li , Potenza Marc N. , O’Brien Kerry S. , Lin Chung-Ying , Latner Janet D. 
Published: March 2021

Background:
The outbreak of the coronavirus disease 2019 (COVID-19) pandemic has generated negative effects on psychological well-being worldwide, including in schoolchildren. Government requirements to stay at home and avoid social and school settings may impact psychological well-being by modifying various behaviors such as problematic phone and Internet use, yet there is a paucity of research on this issue. This study examined whether the COVID-19 outbreak may have impacted problematic smartphone use (PSU), problematic gaming (PG), and psychological distress, specifically the pattern of relationships between PSU, PG, and psychological distress in schoolchildren.

Methods:
Longitudinal data on psychological distress, PSU, and PG were collected from 575 children in primary schools in 3 waves: Waves 1 and 2 were conducted before the COVID-19 outbreak and Wave 3 during the outbreak. Cross-lagged panel models were used to examine relationships between factors across the 3 waves.

Results:
Cross-lagged models found that higher levels of PSU were not significantly related prospectively to greater psychological distress before the COVID-19 outbreak, but this prospective relationship became significant during the COVID-19 outbreak. Whereas PG was associated prospectively with psychological distress before the COVID-19 outbreak (ie, between Waves 1 and 2), this association became nonsignificant during the COVID-19 lockdown (ie, between Waves 2 and 3).

Conclusions:
The COVID-19 outbreak has seemed to change prospective relationships between PSU and psychological distress and PG and psychological distress in schoolchildren. Future research should examine whether restrictions on or information provided to schoolchildren may exacerbate PSUs effects on psychological distress.
How to provide fertility treatment during COVID-19 pandemic
Authors: Cruz M. , Requena Antonio 
Published: March 2021

Purpose of review
The emergence of the novel coronavirus infection that arose in Wuhan, China in December 2019 has resulted in an epidemic that has quickly expanded to become one of the most significant public health threats in recent times. The objective of this review is to summarize how this pandemic has affected the activity of a Reproductive Medicine Center, which established a series of measures in parallel with governments decisions and scientific societies.

Recent findings
The control measures adopted for restarting the healthcare activity should be equitable and inclusive. Moreover, this pandemic has implied changes in treatments and strategies to be alert regarding the daily changing information. Finally, for ensuring a safe practice both for patients and staff, it is important to detect asymptomatic patients, so Reproductive Medicine centers must take special care with screening and testing procedures.

Summary
The pandemic has pushed up toward a new reality in terms of Assisted Reproductive treatments, where social distance and responsibility are protagonists. We face a new challenge of balancing between responding to the committed efforts of infertile couples to achieve pregnancy and safeguarding the health of the future parents and their children during this time of pandemic.