The Comparative Law Yearbook of International Business

Name: The Comparative Law Yearbook of International Business
Brand: Kluwer Law International
Price: 452.99 EUR
Availability: OnlineOnly

Susan Meek(Herausgeber*in)

Kluwer Law International (Verlag)

Erschienen am 1. November 2002

610 Seiten

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Inhalt

Cover
Half Title Page
Title Page
Copyright Page
Table of Contents
Editor's Note
Competition Law
Spanish Competition Law
Introduction
Regulation of Competition under Law 16/89
Prohibited Practices
Merger Control
State Aid
Regulation of Unfair Competition under Law 3/1991
Acts of Unfair Competition
Legal Actions Based on Unfair Competition
Administrative Organization and General Procedure Rules
Administrative Organization
Procedure
Conclusion
Foreign Exposure to American Antitrust Laws in the Patent Context
Exposure to American Antitrust Laws
American Antitrust Laws Can Reach Overseas Conduct
Jurisdiction
Domestic Law Sets the Norms
Sources of Law
Antitrust Aspects of Patent Issues
In General
Particular Applications
The Pilkington Case
Intellectual Property Law
Amendment to the Malaysian Trademark Act 1976: An Extension of Protection of Well-Known Trademarks
Introduction
Section 57 of the Trademark Act 1976: A Limited Protection?
Distinguishing Feature and Established Goodwill
Damage to Trade and Business
Trademarks (Amendment) Act 2000 - A Wider Protection for Well-Known Trademarks?
Well-Known Trademark: How Well-Known and to Whom?
Conclusion
Trade Dress or Packaging
Introduction
Protection of Trademarks
Conclusion
Licensing Intellectual Property in Mexico
Introduction
Copyright
Industrial Property
Nature of Licensing Agreements
Definition
Relevant National Legislation
Interpretation of Licensing Agreements
Types of Licenses
Procedural Requirements
Licensing of Patent Rights
Nature and Definition
Territorial Scope
Term
Rights of Licensor
Obligations and Liabilities of Licensor
Rights of Licensee
Obligations and Liabilities of Licensee
Royalties
Extension and Amendment
Linkage with Other Intellectual Property Rights
Impact of Public Policy
Licensing of Copyright
Nature and Definition
Territorial Scope
Term
Rights of Licensor
Obligations and Liabilities of Licensor
Rights of Licensee
Obligations and Liabilities of Licensee
Royalties
Extension and Amendment
Linkage with Other Intellectual Property Rights
Impact of Public Policy
Licensing of Trademarks
Nature and Definition
Territorial Scope
Term
Rights of Licensor
Obligations and LiabiIities of Licensor
Rights of Licensee
Obligations and LiabiIities of Licensee
Royalties
Extension and Amendment
Linkage with Other Intellectual Property Rights
Impact of Public Policy
Registered Designs and Utility Models
Nature and Definition
Territorial Scope
Term
Taxation and Investment
Tax and Investment in the Czech Republic
General Information
Location and Area
Population and Language
Currency
Work and Residence Permits
Investment Factors
Government Attitude towards Foreign Investment
Economic Trends
Investment Incentives
Requirements and Regulations
Freedom of Operation
Labor
Financial Services
Exchange Control
In General
Inward Investment
Repatriation of Capital and Earnings
Import Restrietions
Outward Investment
Portfolio Investment
Establishing a Business
Commercial Code
Act on Trade
Accountancy Act
Principal Forms of Business Entities
Limited Liability Company
Corporations
Partnerships
Branch of Foreign Companies and Other Entities
Joint Ventures
Trusts
Insurance Companies
Banks
Taxation
Tax System Overview
Corporate Taxes
Withholding Taxes
Double Taxation Relief and Tax Treaties
Special Tax Situations
Taxes on Individuals
Other Taxes
APPENDIX
Sources of Business Information
International Estate Planning: The First Step to an Asset Protection Plan
Introduction
Case Study
Hypothetical Facts
Analysis
Estate Planning Dilemma
Canada
United States
Expatriation
Conclusion
Legal Regime of Foreign Investment in Colombia
Introduction
General Terms
Definitions
Principles
Foreign Investment Incentives
Expropriation
Figures
Legal Framework
International Investments Statute
Principles
Definitions
Destination, Approval Method and Registration
Authorizations
Registration
Untimely Registration
Foreign Exchange Rights and Other Guarantees
Foreign Exchange Rights Guaranteed
Qualification of Firms and Investors
Resolution of Disputes, Penalties and Controls
General Regime of Foreign Capital Investment in Portfolios
Conclusion
European Tax and Investment in Ukraine
General Information
Location and Area
Population and Language
Currency
Sources of Business Information
Work and Residence Permits
Investment Factors
Government Attitude towards Foreign Investment
Economic Trends
Investment Incentives
Requirements and Regulations
Freedom of Operation
Labor
Financial Services
Exchange Controls
In General
Inward Direct Investment
Repatriation of Funds
Imports and Exports
Outward Investment
Portfolio Investment
Establishing a Business
Principal Forms of Business Entities
Offshore Banking and Shipping
Offshore Banking Units
Shipping
Taxation
Tax System Overview
Corporate Taxes
Withholding Taxes
Double Taxation Relief and Tax Treaties
Special Tax Situation
Taxes on Individuals
Other Taxes
Telecommunications Law
Legal Strategies to Address Institutional Effects on Telecommunications Regulatory Regimes and Investment Decisions
Introduction
Institutional Endowment and Telecommunications Sector Performance
United Kingdom and Jamaica
Chile
Argentina and the Philippines
Conclusions
Legal Evaluation Based on a Nation 's Institutional Endowrnent
Conclusion
International Merger and Acquisition Career of Telecom Italia: from Hunter to Prey
The Telecoms Industry and the End of Exclusive Franchises
Convergence of Copper, Wireless and Fiber Technologies
Multinational Customers and Seamlessness Demand
Privatization Processes and Concession Auctions
Telecom Italia's First Moves: The South American Focus
Growing Older: European Deals
Management Shake Up
Being a Target: The Breakthrough of a New Era?
The Lesson: Lawyering in the Evolving Scenario
Spanish Telecommunications: A Business Case
Introduction
Liberalization of Spanish Telecommunications
Telecommunications Act
Regulatory Authorities
Authorization to Offer Telecommunications Services
Application Procedures
Interconnection and Access to the Local Loop
Numbering and Portability
Effects of Liberalization on the Market
Mobiles and Internet
Auction or Contest?
E-Commerce
Conclusion
Telecommunications in Mexico
Introduction
Regulations, Enforcement Agencies and Adherence to International Instruments
Federal Telecommunications Law
Enforcement Agencies
Permits
Rates
Infringements
Radio and Television Broadcasting
Equipment
Radiocommunication Services
Trade Competition Law in Telecommunications
Interconnection
APPENDIX A
Laws and Regulations Regarding Telecommunications
Emerging Data Protection Issues and Recent International Agreements
Introduction
Data Protection in Europe
Council of Europe Convention 108
EC Directive 95/46
Swiss Data Protection Act
The United States Approach
Data Protection and Telecommunications
Application of General Rules
EC Directive 97/66
New EC Directive on Electronic Communications
United States Telecommunications Act
European Union and United States Policy on Transborder Flow of Personal Data
Idea of a Safe Harbor
The Negotiations Procedure
The Final Agreement
Safe Habor Principles
Qualifying for Safe Harbor
Non-Compliance and Legal Sanctions
Implementation of Safe Harbor
The Future
Self Regulation or State Regulation
Today's Solution for Private Organizations
Telecommunications Liberalization and Satellites in Argentina
Telecommunications Market (1999 to 2000)
Market Profile
Market Growth Data
Regulatory Frameworks
Radio Electric Spectrum Administration
Universal Service
Licensing
Interconnection
April 2000 Public Hearing
Presentations
Deregulatory Decree
Argentine Satellites
International Cooperation
Nahuel I
Nahuel II
Globalstar
Conclusion
Telecommunications in Colombia
Introduction
History
Trends
Governmental Goals 2000 to 2002
Projected Annual Growth of Services to Year 2007
New Telecommunications Master Law
Private Participation in the Sector
Main Legal Sources of Regulation
Law 72 of 1989
Decree Law 1900 of 1990
Decree Law 1794 of 1991
Political Constitution
Law 37 of 1993
Law 142 of 1994
Law 182 of 1995
Law 335 of 1995
Resolution 87 of 1997
Law 555 of 1999
Decree 575 of 2002
Enforcement Agencies
Ministry of Communications
Regulatory Telecommunications Commission
National Television Commission
Superintendency of Public Utilities
Superintendency of Industry and Commerce
Main Actors in the Market
Empresa Nacional de Telecomunicaciones
Empresa de Telecomunicaciones de Bogotá
Empresas Publicas de Medellin
Orbitel
Cellular Operators
Adherence to International Treaties
Licensing of Telecommunications in Colombia
Licensing Policy
Grant of Licenses
Conditions and Terms of Licenses
License Fees
Modification of Licenses
Enforcement and Revocation of Licenses
Special System Licenses
Terminal Equipment
Radio Communications
Licensing of Systems
Satellite Services
Frequency Management
Broadcasting
Introduction
Regulation of Services and Installations
Foreign Satellite Broadcasts
Competition Law Aspects
Media Cross - Ownership Restrietions and Foreign Participation
License Conditions
Restrictive Practices
Monopolies and Mergers
Network Interconnection
Regulatory Background
Factors in Interconnection Agreements
Impact of Competition Law
Environmental Law
Intellectual Property
Security of Communications and Improper Use of Systems
Interconnection in Austria: Key Aspects from a European Perspective
Introduction
Regulatory Framework of the European Union
Interconnection in Austria: Practical Experience
Background
Basic Rules for Interconnection Agreements
Scope of Interconnection Obligations
Form and Content of Interconnection Agreements
Interconnection Negotiations and Proceedings
Interconnection Rates
Carrier Selection
Mobile Interconnection
Billing Issues
Legal Certainty
Main Criticisms with Respect to Austrian Interconnection Practice
Outlook: Reform of tbe European Regulatory Framework
Mergers, Acquisitions and Foreign Capital Ownership in the Brazilian Cellular Telecommunications Market
Process of Liberalization
Brazilian Mobile Communications Legal Framework
Mobile Cellular Services Legal Framework before Telecommunications Law
Impact of Law of Telecommunications on Mobile Cellular Services Framework
Impact of New Rules Enacted for Personal Mobile Service
Foreign Ownership
General Commercial Law Issues
Entertainment Law in Italy
Representation
Introduction
Agents and Legal Representatives
Managers and Promoters
Personal Rights
Introduction
Protection of Name, Likeness and Voice
Right to Privacy
Right of Publicity
Misappropriation
Unfair Competition
Defamation
Introduction
Defenses
Remedies
Copyright
Definition and Nature of Rights
Author
Economic Rights
Moral Rights
Neighboring Rights
Duration
Registration
Infringement
Remedies
Assignment and Licensing
International Conventions
Contracts in the Entertainment Industry
Formation
Offer and Acceptance
Options
Contracts of First Refusal or Pre-Emption
Contracts to Negotiate
Letters of Intent
Consideration
Formalities and Contracts Requiring Writing
Capacity
Non-Performance
Illness or Death
Additional Expenses
Delay
Economic Duress
Discharge Arising from Breach
Contracts with Minors
Personal Service Contracts
Contracts of Engagement
Pay-Per-View Agreements
Unequal Bargaining Power
Undue Influence
Restraint of Trade
Assignment and License Agreements
Breach of Confidence
Remedies
Loss of Publicity
Screen Credit
Literary Publishing
Introduction
Sources of Revenue
Contracts in Publishing
Intellectual Property Rights
Obligations of Publisher
Obligation of Author
Tortious Liabilities and Remedies
Music Industry
Introduction
Sources of Revenue
Collecting Societies
Contracts
Copyright
Live Transmission
Recording Rights
Duration of Performance Rights
Permitted Acts
Remedies for Infringement
Creative Control
Regulation of Content, Censorship and Lyric Liability
Concerts
Record Re-Releases and Cover Versions
Piracy
New Technology
Film Industry
Introduction
Financing and Sources of Revenue
Contracts
Intellectual Property Rights
Video Rights
Distribution and Antitrust Law
Piracy
New Technologies
Television and Radio
Introduction
Sources of Revenue
Public Licensee of Broadcasting Services
Other Radio-Television Operators
Contracts
Intellectual Property
Adaptation for Television
Editing and Censorship for Television
Distribution and Antitrust Law
Satellite and Cable Television
Regulation of Program Standards
New Technologies
Theatre
Introduction
Finance and Sources of Revenue
Contracts
Intellectual Property Rights
Venues
Licensing
Administration
Legislation
Theatres
Cinemas and Film Exhibitions
Music and Dancing
Terms and Conditions of Licenses
Offensive Works
Obscene Publications
Racial and Sexual Discrimination
Arbitration in Turkey
Introduction
Arbitration Taking Place in Turkey
Domestic Arbitration
International Arbitration
Arbitration outside Turkey
Enforcement of Foreign Arbitral Awards in Turkey
ARecent Enforcement Action
Legislative Changes Regarding Concession Agreements
European and American Law Affecting the Disabled Worker: A Guide for the Transnational Business
Introduction
The European Position
Council of Europe
European Communities Law and the European Union
Germany's Schwerbehindertengesetz
Who Qualifies As "Disabled"?
Duties of Employers and Penalties for Non-Compliance
Americans with Disabilities Act 1990
The Statute
Recent Decisions
Bills before Congress and the New Bush Administration's Initiative
Some Comparative Remarks
Conclusion
INDEX
Back Cover

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