The comprehensive guide to all the essential legal and business considerations in structuring domestic and international strategic business alliances. Readers are provided with a clear and concise introduction to the various domestic and international laws and regulations that impact strategic business relationships, including intellectual property law, antitrust law, commercial law, tax law, agency and distribution laws, and foreign investment laws. An indispensable resource for consummating sales representation arrangements, licensing arrangements, research and development arrangements, manufacturing and distribution arrangements, joint ventures, equity investment, and negotiated acquisitions. The book is intended for entrepreneurs, executives, and professionals.
Entrepreneurs, executives, lawyers, accounts, and others involved in structuring cooperative business arrangements will benefit from the step-by-step approach to each strategic business relationship. The book provides guidance on each of the crucial steps in the negotiation process, including the selection of the prospective strategic business partner, the protection of trade secrets and confidential information, the due diligence process, representations and warranties, and dispute resolutions. Readers will gain an understanding of the essential bodies of law that might affect a relationship, such as intellectual property law, antitrust and competition law, laws relating to the sale of goods, agency and distribution laws, tax laws, export controls and antiboycott laws, and foreign inbound investment and technology transfer laws. The book covers each basic strategic business relationship that a firm might enter into to facilitate the development, manufacture, and distribution of products and services, including long-term functional contracts and joint ventures, minority investments, and negotiated acquisitions.
China is a major civil law jurisdiction. Since the end of the 1990s great efforts have been made in China to codify the entire civil law. With the major statutes governing contracts, property, torts and conflict of laws promulgated in 1999, 2007, 2009 and 2010 respectively, the most crucial steps have been taken towards the creation of a Chinese Civil code. This book attempts to shed light on both the theoretical and the practical aspects of Chinese civil law, while extensive footnotes and a detailed bibliography and index allow for further study of specific areas and facilitate systematic research. The book addresses the following topics: Part I General, Part II Contracts, Part III Tort Law, Part IV Property Law, Part V Conflict of Laws. Main features: Combination of an overall picture of the specific field of law at issue and thorough analysis of fundamental issues. Combination of black letter law and law in action. Selected bibliography of publications in English, information on English translations of Chinese regulations available in the public domain, lists of the relevant statutes and judicial interpretations, as well as cases.
Electronic commerce is big business, and it is getting bigger: it now accounts for 7.5 percent of all retail sales in the US, and continues to expand at double-digit annual rates. The steady growth of Internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields. This authoritative Research Handbook comprises chapters by leading scholars in the field. Their explanations and insights will provide a solid foundation for newcomers to the subject, and will also broaden and deepen the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance, and privacy. With the rise of Internet commerce, this book will be an invaluable resource for business lawyers as well as legal scholars with an interest in any phase of e-commerce law.
'For the modern welfare state support' for those who are out of work through no fault of their own remains a foundation stone. Now, however, under pressure form market-driven ideology focused on business performance, its composition and the way support is delivered is in a state of flux. With the avowed objective of minimizing dependence on social benefits and increasing labour market efficiency, many national policies with varying degrees of thoroughness are shifting from a bureaucratic approach to some form of contract arrangement that demands a higher level of personal responsibility from the unemployed worker. The contractualisation process is usually administered through a 'reintegration service' that may be partly or wholly privatised. This remarkable book is the first comparative in-depth study of the process of contractualisation. It offers seventeen penetrating analyses, by leading labour market and labour law authorities, of recent policy initiatives to activate employment by contract and the implications of these initiatives from both legal and a socioeconomic perspective. Among the issue explored are the following: motivation, mobility, and flexibility in the labour market; effect of contractualisation on public accountability and responsibility; effect on the individual's statutory relationship under social security; whether and to what extent the conditions on which one country successfully introduces contractualisation apply to other countries; and, the unemployed individual as 'contract partner': What conditions can he or she set? The analyses focus on experience with contracts as service deliverance in the labour markets of eight countries: Australia, the United Kingdom, The Netherlands, Belgium, France, Germany, and Finland. Because a certain measure of experience has already been built up by governments, providers, and clients, now is the time to try and learn form good as well as bad practices in order to build coherent institutional frameworks to help the unemployed. This book is sure to bring insight and effectiveness to the work of professionals, officials, and politicians in this policy field, and will be of special practical value to labour law practitioners, academic researchers and libraries, trade unions, policymakers, and corporate counsel.
Public health, safety and access to reasonably priced medicine are common policy goals of pharmaceutical regulations. As both the context for innovation and competitive structure change, industry actors dynamically challenge the balance between the incentive for protection and the achievement of those policy goals. Considering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination. The contributors to this book, including academics, judges and practitioners from Europe, the US and Japan, explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicine and health care. Addressing fundamental questions in the field of pharmaceutical innovation, this book will appeal to scholars and practitioners in intellectual property, competition law and life sciences regulation, as well as pharmaceutical companies and regulators.
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