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Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

6. Health Research and Innovation  

A. M. Farrell and E. S. Dove

This chapter covers the regulatory environment of health research and biotechnological innovation in the UK, with some specific focus on genomics (including gene editing), artificial intelligence, and brain organoids. The Covid-19 pandemic demonstrated the limitations and strengths of a regulatory regime that enables (or thwarts) research into life-saving treatments and vaccines, as well as the importance of sharing data within and across organisations and institutions to address health emergencies. The chapter covers the governance of health research (focusing on biomedical research), the regimes that seek to promote innovation in science and medicine while accounting for the risks of biomedical research, as well as the development of research ethics codes. Following Brexit, the UK’s regulatory landscape for health research is somewhat in flux, with a flurry of policy papers and consultations regarding proposed legislative reform. As such, it remains to be seen what the contours of the landscape will be, and whether it promotes or hinders innovation—and creates fewer or greater risks for patients and research participants.

Book

Cover Contemporary Intellectual Property

Abbe Brown, Smita Kheria, Jane Cornwell, and Marta Iljadica

Contemporary Intellectual Property: Law and Policy, fifth edition, offers a unique perspective on intellectual property (IP) law, unrivalled amongst IP textbooks. An accessible introduction to IP law, it provides not only a comprehensive account of the substantive law, but also discusses the overarching policies directing the legal decision-making, as well as areas for further debate. Intellectual property law is an increasingly global subject, and the book introduces the relevant European and international dimensions to present a realistic view of the law as it actually operates. It explores IP law as an organic discipline, evaluating the success with which it has responded to new challenges. Images and diagrams, with analysis of key cases and key extracts, are all incorporated alongside the author commentary to clearly illustrate the core principles in IP law. Exercise, questions, and discussion points are provided to help the reader to engage with the material, and additional material is provided in the Online Resources. Beyond providing an up-to-date account of IP law, the text examines the complex policies that inform modern IP law at the domestic (including Scottish), European, and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to IP law and policy, and the reader is encouraged to engage critically with the text and the subject matter. The book has been carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable way.

Chapter

Cover Contemporary Intellectual Property

11. Patentability  

This chapter explores the criteria that are applied by an intellectual property office in examining a patent application. These applies to all forms for innovation and are novelty, inventive step, and industrial applicability. The chapter also explores additional requirements and barriers which apply in relation to biotechnological inventions, which has proved to be a particularly controversial issue in Europe, and the patentability of computer software and related inventions, such as business method patents. The chapter demonstrates the evolution in legal and policy thinking in these two fields, which provide a means to an understanding of developments in patent law in general.

Chapter

Cover Understanding Deviance

5. Anomie and Strain Theory  

This chapter examines the role of anomie theory in the sociology of crime and deviance. It begins by discussing Émile Durkheim’s theory of anomie before turning to Robert Merton’s Americanization of anomie, and how sociologists adapted the basic Mertonian schema and modes of adaptation, such as innovation, to explain rising rates of crime under conditions of growing prosperity but persistent inequality. It then considers the contribution of anomie to the development of post-war theories of strain, as well as the questions raised by anomie theory, particularly as the underlying concern in theories of crime, modernization, and development. It also looks at the decline in social capital that has raised concerns about the pace and direction of social and economic change, citing two major works: Robert Putnam’s Bowling Alone (2000) and Richard Sennett’s The Corrosion of Character: The Personal Consequences of Work in the New Capitalism (1998).

Chapter

Cover Environmental Law

20. New technologies  

Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

This chapter introduces some of the issues surrounding law, environmental protection, and new technologies. Using a series of examples—such as geoengineering, nanotechnology, synthetic biology, and hydraulic fracturing (‘fracking’)—it examines the relationship between environmental law and technological innovation. First, the chapter asks how well the law governs potential environmental risks posed by new technological development. Secondly, it looks at whether and how environmental law, in its regulation of new technologies, takes account of different forms of knowledge and expertise. Thirdly, it gives insights into the ways in which law can be used to incentivize the design and application of ‘green’ technologies. Finally, building on Ch. 11, it considers the potential environmental liabilities arising from new and emerging technological risks.

Chapter

Cover Contemporary Intellectual Property

11. Patentability  

This chapter explores the criteria that are applied by an intellectual property office in examining a patent application. These applies to all forms for innovation and are novelty, inventive step, and industrial applicability. The chapter also explores additional requirements and barriers which apply in relation to biotechnological inventions, which has proved to be a particularly controversial issue in Europe, and the patentability of computer software and related inventions, such as business method patents. The chapter demonstrates the evolution in legal and policy thinking in these two fields, which provide a means to an understanding of developments in patent law in general.

Chapter

Cover Contemporary Intellectual Property

17. Breach of confidence  

This chapter discusses contemporary law and policy relating to the protection of confidential information. It considers the key elements of breach of confidence: the nature of confidential information, circumstances imparting obligations of confidence, and unauthorised use of confidential information. The chapter also considers the increasing impact of the Human Rights Act 1998 (HRA 1998). The chapter summarises some key cases to give examples of the issues that arise (eg in the employment context), discusses the evolving relationship between secrecy and innovation, and the impact of other forms of information control. The impact of Trade Secrets Directive, including post-Brexit, is also discussed.

Chapter

Cover Contemporary Intellectual Property

17. Breach of confidence  

This chapter discusses contemporary law and policy relating to the protection of confidential information, under the common law. It considers the key elements of breach of confidence: the nature of confidential information, circumstances imparting obligations of confidence, and unauthorised use of confidential information. The chapter also considers the increasing impact of the Human Rights Act 1998 (HRA 1998) and the relevance of international perspectives and approaches. The chapter summarises some key cases to give examples of the issues that arise, discusses the evolving relationship between secrecy and innovation, and the impact of other forms of information control and the relevance of freedom of expression.

Chapter

Cover Concentrate Questions and Answers Equity and Trusts

2. Nature of Equity and the Law of Trusts  

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, and author commentary. This book offers advice on what to expect in exams and how best to prepare. This chapter covers questions on the nature of equity and the law of trusts.

Book

Cover Contemporary Intellectual Property

Abbe Brown, Smita Kheria, Jane Cornwell, and Marta Iljadica

Contemporary Intellectual Property: Law and Policy, sixth edition, offers a unique perspective on intellectual property (IP) law, unrivalled amongst IP textbooks. An accessible introduction to IP law, it provides not only a comprehensive account of the substantive law, but also discusses the overarching policies directing the legal decision-making, as well as areas for further debate. Intellectual property law is an increasingly global subject, and the book introduces the relevant European and international dimensions—along with the implications of Brexit—to present a realistic view of the law as it actually operates. It explores IP law as an organic discipline, evaluating the success with which it has responded to new challenges. Images and diagrams, with analysis of key cases and key extracts, are all incorporated alongside the author commentary to clearly illustrate the core principles in IP law. Exercise, questions, and discussion points are provided to help the reader to engage with the material, and additional material is provided in the Online Resources. Beyond providing an up-to-date account of IP law, the text examines the complex policies that inform modern IP law at the UK, European, and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to IP law and policy, and the reader is encouraged to engage critically with the text and the subject matter. The book has been carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable way.

Book

Cover Introduction to the English Legal System
Introduction to the English Legal System 2021–2022 has been fully updated to consider the latest developments in the English legal system. The underlying theme is change and the impact of the COVID-19 pandemic and the underlying approach is holistic. Changes to the criminal system (Chapter 5), the administrative system (Chapter 6), the family justice system (Chapter 7), and the civil and commercial (Chapter 8) justice systems are all considered. Developments in the ways in which the legal profession is regulated are also discussed (Chapter 9). Ways of funding access to justice and controlling the cost of litigating are considered (Chapter 10), as are the purposes and sources of law (Chapters 2 and 3). Chapter 11 offers a final reflection on a system in flux.

Chapter

Cover Introduction to the English Legal System

9. Providing legal services: the legal professions  

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.

Chapter

Cover Competition Law

15. Horizontal agreements (3): cooperation agreements  

This chapter is concerned with horizontal cooperation agreements which the competition authorities in the EU and the UK may be prepared to countenance. There may be circumstances in which competitors cooperate with one another in a way that delivers economic benefits, not just for themselves, but for consumer welfare as well. After a discussion of joint ventures, the chapter discusses the application of Article 101 to horizontal cooperation agreements. It refers, in particular, to the European Commission’s Guidelines on Horizontal Cooperation Agreements and discusses, in turn, information exchange, research and development agreements, production agreements, purchasing agreements, commercialisation agreements, standardisation agreements, sustainability agreements and other cases of permissible horizontal cooperation. It concludes with a brief look at the treatment of horizontal cooperation agreements under UK competition law.

Chapter

Cover Competition Law

21. Mergers (2): EU law  

This chapter examines EU merger control. The chapter is organized as follows. Section 2 provides an overview of EU merger control. Section 3 discusses the jurisdictional rules which determine whether a particular merger should be investigated by the European Commission in Brussels or by the national competition authorities (‘the NCAs’) of the Member States. Section 4 deals with the procedural considerations such as the mandatory pre-notification to the Commission of mergers that have a Union dimension and the timetable within which the Commission must operate. Section 5 discusses the substantive analysis of mergers under the EU Merger Regulation (EUMR), and section 6 explains the procedure whereby the Commission may authorise a merger on the basis of commitments, often referred to as remedies, offered by the parties to address its competition concerns. The subsequent sections describe the Commission’s powers of investigation and enforcement, judicial review of Commission decisions by the EU Courts and cooperation between the Commission and other competition authorities, both within and outside the EU. The chapter concludes with an examination of how the EUMR merger control provisions work in practice.