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Full-Text Articles in Law

Jacques De Werra (Ed.), Research Handbook On Intellectual Property Licensing, Lucie Guibault Jan 2013

Jacques De Werra (Ed.), Research Handbook On Intellectual Property Licensing, Lucie Guibault

Articles, Book Chapters, & Popular Press

In the laws of most jurisdictions in the world, IP licenses are an unnamed form of contract, most often of a hybride nature, for which no specific legal framework exists, save for rare exceptions. As a result, the formation, content and interpretation of IP licences call for the application of relevant norms from numerous other fields of the law, such as contract law, property law, commercial law, consumer law etc. Despite efforts of harmonisation at the international and regional levels, these related areas of the law remain to a large extent nationally determined, influenced by the legal tradition of each …


Digital Content Contracts For Consumers, Marco Loos, Chantal Mak, Lucie Guibault, Lodewijk Pessers, Natali Helberger Jan 2013

Digital Content Contracts For Consumers, Marco Loos, Chantal Mak, Lucie Guibault, Lodewijk Pessers, Natali Helberger

Articles, Book Chapters, & Popular Press

The application of consumer law to digital content contracts encounters a number of obstacles. Some of these are rather typical for digital content markets, e.g., the legal consequences of the classification of digital content as “goods” or “services”, and more importantly, the absence of general benchmarks to evaluate the conformity of digital content. Other problems, such as the limited usefulness of consumer information and the position of underage consumers, are not as such reserved to digital consumers, but they are amplified in the digital content markets. Moreover, particular attention is paid to the complex relationship between copyright law and consumer …


The Dilemma Of Public–Private Partnerships As A Vehicle For The Provision Of Regional Transport Infrastructure Development In Africa, Olabisi D. Akinkugbe Jan 2013

The Dilemma Of Public–Private Partnerships As A Vehicle For The Provision Of Regional Transport Infrastructure Development In Africa, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

With regional economic integration (REI) as a major strategy for development, the African continent hosts a plethora of regional economic communities of varying ambition longevity and success. While in the 1970s, political-economic ideas built mainly on the “developmental state” informed the design of most of these agreements, the change in economic thought in the 1980s which ushered in the “neoliberal turn” has since influenced the design of most REI schemes in Africa, including the New Partnership for African Development. However, among other factors, inadequate transport infrastructure linking regions poses a major impediment to regional trade and development in Africa. The …