IP Basics: Seeking Cost-Effective Patents

This discussion briefly explores the range of intellectual property options in view of the nature of inventions and their market value, particularly for entrepreneurs. Specific strategies for controlling ever-increasing patent costs in the face of market uncertainty. It does not recommend that inventors prosecute patent applications themselves, lest they get much less than they pay for

Shares in the EMCA : the time is ripe for true no par value shares in the EU, and the 2nd directive is not an obstacle

The most interesting proposal in the draft European Model Companies Act ( EMCA) concerning shares and the focus of this Article is the recommendation to introduce true no par value shares, as they have been in use in the US for many years and were introduced in Australia, New Zealand but also Finland more recently. Contrary to what has often been assumed, the 2nd EU Company Law Directive does not preclude no par value shares. There is nothing in the wording of the Directive to suggest otherwise, and the reference in the Directive to shares without a nominal value is a reference to Belgian law, which has allowed true no par value shares in all but name since at least 1913. EU member states could therefore introduce such shares even for public companies. True no par value shares offer a far more flexible framework in case of capital increases or mergers, but since under a no par value system there is no link between par value and shareholder rights, additional disclosure about these rights might be warranted under a no par value system. Traditional par value shares offer no protection to creditors, shareholders or other stakeholders, so that their abolition should not be mourned. The threat of new share issues at an unacceptably high discount is more efficiently countered by disclosure and shareholder decision rights

Shares in the EMCA : the time is ripe for true no par value shares in the EU, and the 2nd directive is not an obstacle

The most interesting proposal in the draft European Model Companies Act ( EMCA) concerning shares and the focus of this Article is the recommendation to introduce true no par value shares, as they have been in use in the US for many years and were introduced in Australia, New Zealand but also Finland more recently. Contrary to what has often been assumed, the 2nd EU Company Law Directive does not preclude no par value shares. There is nothing in the wording of the Directive to suggest otherwise, and the reference in the Directive to shares without a nominal value is a reference to Belgian law, which has allowed true no par value shares in all but name since at least 1913. EU member states could therefore introduce such shares even for public companies. True no par value shares offer a far more flexible framework in case of capital increases or mergers, but since under a no par value system there is no link between par value and shareholder rights, additional disclosure about these rights might be warranted under a no par value system. Traditional par value shares offer no protection to creditors, shareholders or other stakeholders, so that their abolition should not be mourned. The threat of new share issues at an unacceptably high discount is more efficiently countered by disclosure and shareholder decision rights

Protecting America\u27s Cultural and Historical Patrimony

This Article suggests the procedures which the authors believe would effectively regulate the legal export of art works and be consistent with other foreign trade policies, while not unduly restricting free trade nor discouraging cultural exchange

Copyright and Promotion: Oxymoron or Opportunity?

Copyright in the cultural sphere can act as a barrier to the dissemination of high-quality information. On the other hand it protects works of art that might not be made available otherwise. This dichotomy makes the area of copyright difficult, especially when it applies to the digital arena of the web where copying is so easy and natural. Here we present a snapshot of the issues for online copyright, with particular emphasis on the relevance to cultural institutions. We concentrate on Europe and the US; as an example we include a special section dedicated to the situation in Italy.Comment: 10 pages, 0 figure

Privacy as personal resistance: exploring legal narratology and the need for a legal architecture for personal privacy rights

Different cultures produce different privacies – both architecturally and legally speaking – as well as in their different legal architectures. The ‘Simms principle’ can be harnessed to produce semi-constitutional privacy protection through statute; building on the work already done in ‘bringing rights home’ through the Human Rights Act 1998. This article attempts to set out a notion of semi-entrenched legal rights, which will help to better portray the case for architectural, constitutional privacy, following an examination of the problems with a legal narrative for privacy rights as they currently exist. I will use parallel ideas from the works of W.B. Yeats and Costas Douzinas to explore and critique these assumptions and arguments. The ultimate object of this piece is an argument for the creation of a legal instrument, namely an Act of Parliament, in the United Kingdom; the purpose of which is to protect certain notions of personal privacy from politically-motivated erosion and intrusion