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Business Law In Japan

Author: Christopher Heath
Publisher: Kluwer Law International B.V.
ISBN: 904114062X
Size: 42.18 MB
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Compilations of cases with commentary – in Japanese Hanrei Hyakusen – often provide the most practical way to obtain a quick and reliable understanding of a specific field of law, as well as guidance on how best to proceed in specific situations. In this respect, leading cases much more than statutory provisions are essential for understanding the reality of Japanese commercial law. This incomparable book compiles 72 of the most important commercially relevant Japanese court decisions in the fields of civil law, labour law, company law, financial transactions, intellectual property, antitrust, conflict of laws, and arbitration. Each decision is presented in English translation and is accompanied by a practical and explanatory commentary by an expert in the field, be it from academia or private practice. There are 50 commentators in all, brought together here to honour the 60th birthday of Harald Baum, widely regarded as one of the world’s foremost scholars on Japanese business law. The cases encompass a wide reach of causes of action in fields such as: breach of contract; tort liability; product liability; unjust enrichment; collective bargaining; shareholders’ rights; directors’ duty of care; political donations; insider trading; patent infringement; parallel imports; trade mark rights; unfair competition; publicity rights; price fixing; arbitration agreements; and recognition of foreign judgements. Whether serving as practical guidance or as a basis for academic research, this compilation will be warmly welcomed by practicing lawyers, teachers and students of Japanese and international law, and all others who need to understand the various fields of Japanese commercial law.

Business Law In Japan Cases And Comments

Author: Moritz Bälz
Publisher:
ISBN: 9789041138910
Size: 61.87 MB
Format: PDF, ePub, Docs
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Compilations of cases with commentary - in Japanese Hanrei Hyakusen - often provide the most practical way to obtain a quick and reliable understanding of a specific field of law, as well as guidance on how best to proceed in specific situations. In this

Protecting The Weak In East Asia

Author: Iwo Amelung
Publisher: Routledge
ISBN: 1351255533
Size: 35.36 MB
Format: PDF, ePub
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This book investigates public claims for the protection of weak groups and interests in Japan and China from the nineteenth century to the present day. Taking an interdisciplinary approach, it engages with ongoing global debates relevant to both Western and non-Western societies whilst also providing an historically informed analysis of contemporary issues. Using case studies on disaster victims, employee well-being, cultural heritage and animal welfare, this book analytically distinguishes between framing, mobilisation and institutionalisation processes. It examines these processes at the intersections of international and domestic spheres and, in doing so, demonstrates how drives for protection are formulated, contested and played out in practice. Ultimately however, this book argues that claims for protection do not necessarily translate into effective measures, but may in fact entail ambiguous or negative outcomes for the protected ‘weak’. Protecting the Weak in East Asia makes a significant contribution to the empirical and theoretical research into the transformation of East Asian societies. As such, it will appeal to students and scholars of Asian history, Asian culture and society and East Asian Studies more broadly.

Intellectual Property And Private International Law

Author: Toshiyuki Kono
Publisher: Bloomsbury Publishing
ISBN: 184731970X
Size: 54.22 MB
Format: PDF
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'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.

Intellectual Property And Private International Law

Author: Josef Drexl
Publisher: Bloomsbury Publishing
ISBN: 1847312411
Size: 49.92 MB
Format: PDF, Kindle
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The relationship between intellectual property and private international law is a fascinating and multi-faceted one. Both fields are inherently international, but it is the exponential increase in conflicts involving trans-border elements, in a world characterised by global trade and borderless communication structures, that has, in modern times, drawn the two disciplines close. The essays contained in this book, first presented at a Symposium in Munich, set out possible visions for a future system of international and regional jurisdiction and applicable law that is better adapted to the increasingly supranational character of IP rights. A second feature of the book is its treatment of 'harmonisation' of choice-of-law issues. Framed by these two elements - international jurisdiction on the one hand and perspectives for harmonised choice of law rules in an international context on the other - specific European themes are also addressed; jurisdiction, the establishment of a European judiciary in the patent field, the relationship between regional (European) systems and an international jurisdiction convention, and the recent proposal for a Regulation on applicable law in non-contractual relationships (Rome II).

The Principles Of European Contract Law And Dutch Law A Commentary

Author: Ewoud H. Hondius
Publisher: Kluwer Law International B.V.
ISBN: 9041117490
Size: 39.83 MB
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The topic of harmonisation of European private law, and European contract law in particular, is rapidly gaining in importance. The topic is not only widely studied by academics and students all over Europe (and even beyond), it is also on the political agenda of the European Parliament, the European Commission, and the European Council. The most important achievement in this field is no doubt the Principles of European Contract Law (PECL), drafted by the Commission on European Contract Law. The European Commission considers the PECL to be a serious option for further harmonisation of European contract law within the European Union. This publication is the first to provide a systematic overview of the PECL in comparison with Dutch contract law as a whole. The book is concise and because of its structure it is easily accessible. Amongst the contributors there are many highly distinguished contract law specialists. It may be used at universities in courses on Comparative Law, European Private Law, and European Contract Law. It may also be used by international practitioners, foreign students, and academics interested in Dutch contract law who do not have access to Dutch contract law because they have no knowledge of the Dutch language. Last but not least, the book will be of interest to all jurists interested in the harmonisation of the European Private Law.