Frequently, practitioners encounter client queries relating to the ‘value' of their intangible asset (including, but not limited to, identifiable intangible assets other than intellectual property and goodwill, intellectual property such as trademarks, patents, copyright or indeed goodwill)....

Businesses, particularly small businesses, are in a constant struggle to market themselves effectively to increase their customer base. In order to compete with larger businesses and maximize their sites' effectiveness, some site owners have resorted to utilize more well-known trademarks into...

This article examines the ‘substance' of a discretionary unit trust and analyses Australian courts' approach to classifying beneficial entitlement under such a trust. The article concludes that there exists a fallacy in the reasoning that appears to have been adopted by judges and commentators...

Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...

Students around the world submit their essays to an online anti-plagiarism service known as Turnitin.com. Four students sued the service for copyright infringement because Turnitin added their papers to its database for use in future anti-plagiarism detection. The students lost their case, in...

Many inventions can be legally protected either by patent or by trade secrecy, and a conventional wisdom exists on how to select between them. This Article adds to that literature by showing that corporations should have an inherent preference for trade secret over patent for reasons relating to...

The recently enacted Small Business, Enterprise and Employment Act of 2015 makes sweeping changes to the insolvency framework of the United Kingdom, supplanting much of the 1986 Insolvency Act, which had already undergone substantial amendment since its original passage. These changes illustrate...

In 1944, the House of Lords held that outside of the field of charitable bequests, a testator cannot delegate the power to select who will benefit from his estate. This holding has never been called into question by English appellate courts, and has been followed in many Commonwealth...

English Abstract: Latin notaries are more and more frequently defined as gatekeepers, due to their role in providing preventive legal control (in addition to certifying documents), a role that becomes increasingly important in modern legal systems.However, applying this american term loosely to...