Intellectual Property and Sports

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403537531
Total Pages : 695 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Intellectual Property and Sports by : Martin Senftleben

Download or read book Intellectual Property and Sports written by Martin Senftleben and published by Kluwer Law International B.V.. This book was released on 2021-09-02 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renowned intellectual property law expert Bernt Hugenholtz once warned, chiding the voracity of copyright, that reducing the subject matter test to mere originality and personal stamp might lead to ‘infinite expansion of the concept of the work of authorship. Anything touched by human hand, including for instance sports performances, would be deemed a work’. Indeed, the applicability of copyright law on sports events and players’ moves is one of the many topics discussed in this volume, which spans issues from those related to players and their performances and achievements, via those relevant to sports event organisers and clubs, to questions concerning event reporting and data and the growing role of AI technologies in sports. Well-known authorities in intellectual property law speculate on the nexus of sports and intellectual property in its widest sense, elucidating such aspects as the following: neighbouring rights for organisers of sports events; ethnic and cultural references in team and league branding; legality of reselling event tickets; use of artificial intelligence in refereeing; related rights protection of images; e-sports and fantasy leagues; and sports celebrities and character merchandising. There are also several intriguing comparative chapters on intellectual property aspects in such parallel domains as body art, movement, carnivals, choreography, and chess. Both profound and entertaining, this unique volume will be appreciated by practitioners, jurists, and academics interested in intellectual property rights as well as in sports law.

Intellectual Property Rights & U.S. Professional Sports

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Publisher :
ISBN 13 : 9783330343627
Total Pages : 72 pages
Book Rating : 4.3/5 (436 download)

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Book Synopsis Intellectual Property Rights & U.S. Professional Sports by : Peter Omondi-Ochieng

Download or read book Intellectual Property Rights & U.S. Professional Sports written by Peter Omondi-Ochieng and published by . This book was released on 2017-07-08 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Lack of Integrity? Rebutting the Myth that U.S. Commercial Sports Leagues Have an Intellectual Property Right to Sports Gambling Proceeds

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Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Lack of Integrity? Rebutting the Myth that U.S. Commercial Sports Leagues Have an Intellectual Property Right to Sports Gambling Proceeds by : Marc Edelman

Download or read book Lack of Integrity? Rebutting the Myth that U.S. Commercial Sports Leagues Have an Intellectual Property Right to Sports Gambling Proceeds written by Marc Edelman and published by . This book was released on 2018 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: On May 14, 2018, the U.S. Supreme Court held in Murphy v. National Collegiate Athletic Association that the Professional and Amateur Sports Protection Act (“PASPA”) violated the Tenth Amendment of the U.S. Constitution, and thus the U.S. government may not use PASPA to prevent states from legalizing commercial sports gambling. In anticipation of this ruling, four U.S. states have already passed new laws to legalize and regulate sports gambling. Meanwhile, fifteen states currently have sports gambling bills that are pending before their state legislatures.In many instances, these new sports gambling laws would include the payment of a “tax” or “royalty” that transfers some gambling-related revenues from the newly licensed sports-gambling operators to U.S. commercial sports leagues. These payments, which have sometimes been described as “integrity fees,” are explained by state legislators as arising from the purported use of commercial sports leagues' intellectual property rights in state-sponsored sports gambling. Nevertheless, the claim that state-sponsored sports gambling would infringe upon commercial sports leagues' intellectual property rights is, in earnest, dubious.This article explains that state-sponsored sports gambling is unlikely to infringe upon the intellectual property rights of U.S. commercial sports leagues, and thus there is no bona fide reason for state legislatures to mandate the payment of “integrity fees” from state-licensed sports-gambling operators to the U.S. commercial sports leagues. Part I of this article explores how federal intellectual property laws (patent, copyright and trademark) apply, if at all, in the context of state-sponsored sports gambling. Part II then looks at how two additional state intellectual property laws (the “right of publicity” and the “hot news” doctrine) would apply, if at all, in this same context.

Reference Guide to Sustaining Sport and its Development through Intellectual Property Rights.

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Author :
Publisher : WIPO
ISBN 13 :
Total Pages : 59 pages
Book Rating : 4./5 ( download)

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Book Synopsis Reference Guide to Sustaining Sport and its Development through Intellectual Property Rights. by : World Intellectual Property Organization

Download or read book Reference Guide to Sustaining Sport and its Development through Intellectual Property Rights. written by World Intellectual Property Organization and published by WIPO. This book was released on 2023-09-20 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt: The goal of this publication is to serve as a reference tool that shall help to guide the development of national strategies in order to sustain sport and its development through IP rights.

Rules of the Game

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Publisher : Rowman & Littlefield
ISBN 13 : 1442258071
Total Pages : 231 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis Rules of the Game by : Michael E. Jones

Download or read book Rules of the Game written by Michael E. Jones and published by Rowman & Littlefield. This book was released on 2016-01-21 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sports law is an ever-growing field that requires constant updates, analyses, and research. Rules of the Game: Sports Law provides the most up-to-date information on hot-button issues such as crime in sports—including sexual harassment and assault both on college campuses and in private homes—sports litigation—especially pertaining to concussions—and publicity, privacy, and defamation rights of the athlete in today’s social media-crazed world where reputations can be destroyed in an instant. Rules of the Game is an engaging and informative book written by one of the leading authorities in the field. Michael E. Jones offers readers the basics—such as how contracts are formed, the rights of athletes, labor laws, the NCAA, and copyright and trademark laws—but also covers much more. Jones discusses such essential topics as gender equity in sports, performance enhancing drugs and testing, international competition, and sports liability. The growth of multi-million and even billion dollar sports franchises requires enhanced professionalism in the area of negotiating sports and endorsement contracts, and the major players in the sports agency field are covered in full. Rules of the Game contains appendixes that offer valuable resources, including a sample drug testing consent form, a standard player contract from the NFL, and a National Football League Players Association (NFLPA) representation contract. With key words and discussion questions at the end of each chapter, this book is a comprehensive yet highly readable text for both undergraduate and graduate students.

Sports Law and Regulation

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Publisher : Aspen Publishing
ISBN 13 : 1543817130
Total Pages : 1534 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Sports Law and Regulation by : Matthew J. Mitten

Download or read book Sports Law and Regulation written by Matthew J. Mitten and published by Aspen Publishing. This book was released on 2019-11-13 with total page 1534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sports Law and Regulation explores both amateur and professional sports as well as issues common to both industries. A comprehensive collection of cases and materials provides balanced perspective and flexible coverage, while the organization provides instructors the flexibility to cover selected sections or chapters for a separate course in either Amateur Sports Law or Professional Sports Law. The fifth edition includes recent landmark sports precedents, cases, and articles. Materials examining internal governance issues of the MLB, the World Anti-doping Code applying to sports doping, the NCAA infractions process, and concussions and brain trauma have also been included in the updated edition. Sports Law and Regulation contains the appropriate amount of introductory and explanatory materials, notes, and questions to facilitate students’ understanding as well as hypothetical problems for applying new knowledge. New to the 5th Edition: New problems on sports intellectual property Recent antitrust cases challenging NCAA student-athlete eligibility rules Excerpts from recent law review articles by former MLB commissioner Bud Selig regarding MLB internal governance issues New CAS cases applying World Anti-doping Code to sports doping Landmark Castor Semenya CAS award Recent cases regarding National Governing Body (NGB) legal duty to protect athletes from sexual abuse and U.S. Safe Sport legislation Updates on tort liability of NGB for failure to have appropriate return to play protocol after athlete concussion: Mayall v USA Water Polo, Inc. Updates on the legal challenges to the use of Native American mascots in sports Professors and students will benefit from: Landmark historical cases and significant recent cases that reflect the current law regulating the sports industry Notes and Questions that suggest philosophical, sociological, psychological, and economic policy issues and themes Flexible organization supports different teaching objectives, ranging from a focus on amateur sports through to professional sports law Skill-building exercises in client counseling, negotiation, and contract drafting Teaching materials include: Teacher’s Manual Semi-annual online supplement

American Needle V. NFL

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis American Needle V. NFL by : Matt Mitten

Download or read book American Needle V. NFL written by Matt Mitten and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most difficult issues regarding the legal regulation of the United States sports industry is whether (and, if so, how) §1 of the Sherman Act, a provision of the U.S. antitrust laws prohibiting concerted action unreasonably restraining trade, applies to professional sports league rules and internal governance decisions (for example, the centralization and exclusive licensing and sale of its member clubs' intellectual property rights). In American Needle, Inc. v. National Football League, the U.S. Supreme Court recently that the National Football League (NFL) clubs' grant of an exclusive trademark license to a headwear manufacturer through National Football Club Properties (NFLP), their jointly owned intellectual property marketing and licensing agent, is not immune from judicial scrutiny under §1. The Court resolved a relatively narrow issue, but its ruling suggests that other aspects of a U.S. professional sports league's cooperative operations and internal governance also are subject to §1. This article initially will briefly describe how the four major U.S. professional sports leagues are structured and internally governed as well as their underlying business models, including revenue sharing among their respective clubs. Next it will provide a historical overview of U.S. professional sports league centralized licensing and internal regulation of intellectual property rights along with antitrust challenges thereto, which set the stage for American Needle. The article then will consider the parties' arguments and the Supreme Court's ruling in American Needle and briefly describe the author's reasons for concluding this case was decided correctly.

The Oxford Handbook of American Sports Law

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Publisher : Oxford University Press
ISBN 13 : 0190465956
Total Pages : 649 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis The Oxford Handbook of American Sports Law by : Michael A. McCann

Download or read book The Oxford Handbook of American Sports Law written by Michael A. McCann and published by Oxford University Press. This book was released on 2018 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of American Sports Law is a timely and engaging compilation of commentaries by leading experts on the most significant issues in US sports law. The book blends analysis of historical and contemporary controversies with prescriptions for how courts and lawmakers can reconcile the competing interests of leagues, owners, and players. The Handbook also establishes a foundation for future research on sports law issues. As technology and social media alter the ways fans, athletes, and team officials interact, legal doctrine will be challenged to adapt, and the Handbook both forecasts these debates and outlines where the law may be headed.

Sports Law in the United States

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041192557
Total Pages : 268 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Sports Law in the United States by : Matthew J. Mitten

Download or read book Sports Law in the United States written by Matthew J. Mitten and published by Kluwer Law International B.V.. This book was released on 2017-06-20 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in the United States deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in the United States will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.

Sports Law and Regulation

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Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 1142 pages
Book Rating : 4.8/5 (89 download)

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Book Synopsis Sports Law and Regulation by : Matthew J. Mitten

Download or read book Sports Law and Regulation written by Matthew J. Mitten and published by Aspen Publishing. This book was released on 2023-11-09 with total page 1142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sports Law and Regulation provides a comprehensive and timely discussion of youth, high school, college, Olympic, and professional sports legal issues, including gender and racial equity, health, safety, risk management, and intellectual property law issues. A comprehensive collection of cases and materials provides balanced perspectives and flexible coverage, while the organization provides instructors the flexibility to cover selected sections or chapters for a separate course in either Amateur Sports Law or Professional Sports Law. Sports Law and Regulation contains the appropriate amount of introductory and explanatory materials, notes, and questions to facilitate students’ understanding as well as hypothetical problems for applying new knowledge. New to the 6th Edition: Updated cases regarding speech and religion at the high school level including Mahanoy Area Sch. Dist. v. B.L. and Kennedy v. Bremerton School District The new NCAA Constitution and governance structure, revised NCAA bylaws, transfer eligibility, NIL, agent interactions, and amendments to the NCAA’s enforcement and penalty structure, along with NCAA v. Alston An updated comment on concussions that includes recent cases, state legislation seeking to reduce the incidence of concussions, and settlements of concussion-related disputes between claimants and the NCAA, NFL, and NHL A streamlined coaching chapter including discussion of coaches’ involvement in the college admissions and basketball scandals and an updated coaching contract negotiation exercise Provisions of the NBA, WNBA, NFL, MLB, NHL, MLS, and NWSL collective bargaining agreements; updated league regulations regarding cannabis use; discussion of minor league baseball players’ unionization; and the 2019 revisions to the Uniform Athlete Agents Act and Williamson v. Prime Sports Mktg., LLC Revised Olympic and international sports law materials, including a recent CAS award interpreting the 2021 World Anti-Doping Code, a revised anti-doping problem, a CAS award regarding the legality of excluding Russian athletes from international sports events, and a Swiss Federal Tribunal case recognizing the independence of the CAS Anti-Doping Division Updated racial demographic data for coaching and administrative positions in collegiate and professional sport and discussion of coach Brian Flores’ historic racial discrimination lawsuit against the NFL and its clubs An updated gender equity chapter that includes new Title IX regulations, sexual orientation discrimination issues, the participation rights of transgender and intersex athletes and new Olympic and NCAA policies New commentary questioning the baseball rule as applied to absolve stadium owners of liability to spectators, and recent developments regarding the standards for assessing the liability of co-participants Professors and students will benefit from: Landmark historical cases and significant recent cases that reflect the current law regulating the sports industry Notes and Questions that suggest philosophical, sociological, psychological, and economic policy issues and themes Flexible organization that supports different teaching objectives, ranging from a focus on amateur sports to professional sports law Skill-building exercises in client counseling, negotiation, and contract drafting

Sports Ethics for Sports Management Professionals

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Publisher : Jones & Bartlett Publishers
ISBN 13 : 0763743844
Total Pages : 518 pages
Book Rating : 4.7/5 (637 download)

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Book Synopsis Sports Ethics for Sports Management Professionals by : Patrick Thornton

Download or read book Sports Ethics for Sports Management Professionals written by Patrick Thornton and published by Jones & Bartlett Publishers. This book was released on 2011-04-22 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Directed at future sports executives and sports managers, the book contains numerous case studies that allow students to apply the ethical decision-making process to a sports-related ethical dispute. Unlike other texts that spend too much time discussing ethical theories, Sports Ethics for Sports Management Professionals addresses the important issues sports professionals may actually encounter during their career --Book Jacket.

Sports Law

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Publisher : Aspen Publishing
ISBN 13 : 1543821030
Total Pages : 860 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Sports Law by : Matthew J. Mitten

Download or read book Sports Law written by Matthew J. Mitten and published by Aspen Publishing. This book was released on 2020-09-14 with total page 860 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Sports Law: Governance and Regulation, Third Edition four of the nation’s leading sports law scholars have merged their expertise to produce this problem-based sports law and governance text for undergraduate and graduate students. Drawing on the work they have done in developing the field’s leading sports law casebook for law students, they present this text in the traditional law school case method style, but with an eye toward accessibility for non-law students. Whether students are interested in careers in professional or amateur sports law, this text will equip them with the foundational knowledge necessary to identify legal issues, minimize risk, and become a generation of problem solvers within the sports industry. Contracts, torts, agency, labor and employment, racial and gender equity, antitrust, and intellectual property law are all addressed, as are health and safety issues and high school, college, and international/Olympic/regulatory concerns. Moreover, the text explores the sports industry with an appreciation of its dynamism, examining topics from cutting edge issues in athlete representation to the uncertain future of big-time intercollegiate athletics. Sports Law: Governance and Regulation, Third Edition is a must for undergraduate and graduate students interested in the sports industry. New to the Third Edition: Changes to the NCAA’s governance and enforcement structures, and updated bylaws and cases related to student-athlete scholarships, transfer rights, and name, image and likeness opportunities. Coverage regarding the minimizing of health and safety risks from youth through professional sport arising from concussions and the liability of various institutions for concussion-related injuries. New sections on sexual orientation discrimination, participation rights of transgender and intersex athletes, and the obligation of organizations to protect athletes from sexual misconduct. Professional sport developments regarding the appropriate breadth of commissioner authority, updated MLB, NBA, NFL, and NHL collective bargaining agreements, and an expanded discussion of professional sports leagues’ personal conduct, disciplinary issues, and domestic violence policies. Revised Olympic and international sports issues, including anti-doping, sports globalization, and athlete exploitation materials. A unique look at negotiating sport industry contracts, including coaches’ and players’ contracts. Professors and students will benefit from: Thorough coverage of professional and amateur sports covering contracts, torts, agency, labor, employment and health and safety law as well as regulation of high school, college and Olympic sport. Compelling explanatory text, notes, questions, and review problems to train students to identify and successfully navigate legal issues encountered in a career in sports. Well-edited cases to encourage critical thinking and discussion in the classroom. Definitions of key terms to aid in comprehension. Timely website sources that support further research and classroom discussion.

Intellectual Property Protection Comes to the National Football League

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Author :
Publisher :
ISBN 13 :
Total Pages : 3 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Intellectual Property Protection Comes to the National Football League by : Joseph Michael Finger

Download or read book Intellectual Property Protection Comes to the National Football League written by Joseph Michael Finger and published by . This book was released on 2017 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some useful and productive social systems would be destroyed by the policing of intellectual property “rights” within them. This note examines how US professional (gridiron) football would be affected.

Sports and the Law

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Publisher :
ISBN 13 : 9781683288213
Total Pages : 0 pages
Book Rating : 4.2/5 (882 download)

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Book Synopsis Sports and the Law by : Peter A. Carfagna

Download or read book Sports and the Law written by Peter A. Carfagna and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.

Professional Sports and the Law

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Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Professional Sports and the Law by : United States. Congress. House. Select Committee on Professional Sports

Download or read book Professional Sports and the Law written by United States. Congress. House. Select Committee on Professional Sports and published by . This book was released on 1976 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

How to Play the Game

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Publisher : American Bar Association
ISBN 13 : 9781641050685
Total Pages : 0 pages
Book Rating : 4.0/5 (56 download)

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Book Synopsis How to Play the Game by : Darren A. Heitner

Download or read book How to Play the Game written by Darren A. Heitner and published by American Bar Association. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to Play the Game provides a basic understanding of the legal issues surrounding sports. It is the go-to source for anyone interested in getting into the field of sports law.

Intellectual Property Rights

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Publisher : Taylor & Francis
ISBN 13 : 9780415384599
Total Pages : 440 pages
Book Rating : 4.3/5 (845 download)

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Book Synopsis Intellectual Property Rights by : David Vaver

Download or read book Intellectual Property Rights written by David Vaver and published by Taylor & Francis. This book was released on 2006 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: