Abstract
This paper discusses how the law regulates the number, content, creation, transfer and extinction of absolute rights and how this favouring of certain property arrangements is known as the numerus clausus concept which is an important expression of the fundamental principle of unity that underlies modern property law. It looks at how the numerus clausus concept still plays an important role in both civil law and common law systems today and how the key legislative justification for its survival lies with the fact that limiting legal categories creates more legal security and reduces information costs.

Outline:
Introduction
The Numerus Clausus Concept
Property Rights - in Rem Nature
Property Rights - Communicative Function
Property Rights - Massive Generative Power
Property Rights - Optimal Standardisation
Property Rights - Impersonal Nature
Property Rights - Verification Function
Property Rights - Bipolar Character
Property Rights - Fragmentation
Conclusion

From the Paper
"Ultimately, Merrill & Smith propose that the numerus clausus concept leads to an 'optimal standardization' of property rights at the point where the marginal frustration and measurement costs (MC) is equivalent to the marginal benefits (MB) i.e. MC = MB. This means that there will be an optimal number of forms that will keep costs and benefits in the balance. On the contrary, if the continual availability and creation of a variety of new forms was allowed, this will be counter cost effective, where MC will increase and MB will decrease with each new form because a few property forms suffice as building blocks for the complex transactions a modern economy requires."

Tags:costs, civil, common, law

Abstract
The paper examines Section 107 of the Housing Grants Construction and Regeneration Act, passed by the United Kingdom Parliament in 1996. Specifically the paper looks at the interpretation of section 107, which deals with matters of adjudication, and how it was affected by a series of United Kingdom court cases between the years 2002 - 2007.

Outline:
Introduction
Body
Conclusion
Bibliography

From the Paper
"The Court stated that the broad interpretation of the section 107 of the HGCRA 1996 was wrong and that the Section 107 was intended by Parliament to be interpreted as meaning that the whole agreement has to be in writing, not only the basic terms. This was underlined by the fact that the time in adjudication is tight, therefore the adjudicator should not have to spend time deciding what contract terms may or may not apply. As not all terms of contract were in writing, The Court found that in the case of RJT v DM there was no right to adjudicate.
"This whole issue remains a real concern within the industry particularly given the apparently restrictive interpretation of section 107 of the Act by the Court of Appeal in the RJT case, which may mean that many industry contracts, particularly those involving small and medium-sized enterprises, will fall outside of the scope of the legislation."

Tags:law, building, contractors, contracts, disputes, design, architect, completion, payment, prepayment, industry, construction, building

Abstract
Intellectual property rights, including patents and copyrights, have been a key factor for the success of many companies. It provides them with an opportunity to protect their ideas and concepts, preventing others from copying them. The paper shows that with the boom in e-business, there have been many cases of infringement because of the relative ease in sharing information over the Internet. This paper briefly outlines the basics of intellectual property before providing a detailed discussion on e-business and intellectual property. The paper shows several cases of infringement to illustrate how intellectual property is important in e-business.

From the Paper
"Since the Internet is a huge interconnection of computers, information can be shared very easily. It is this very advantage that leads to many problems in protection of intellectual property. For example; pictures, music and literary works can be copied, modified and even distributed easily through the Internet. Such activities affect and violate copyright protection. There are several dangers in electronic business and organizations have to be very cautious and watchful. Copyright does not protect ideas but protects the forms in which they are expressed. Thus documents and material available on the Internet can be protected by copyright. According to the Copyright Act, even storing of material in a computer corresponds to reproduction of material. This implies that viewing a page on the Internet leads to infringement because the web browser would make a copy of the page in the computer."

Tags:trademark, WIPO, WCT, WPPT, ICANN, UDRP

Abstract
This paper looks at the founder of Napster, how the program works, and the problems and controversies it has created. Court disputes are discussed and the reaction of various bands to Napster. A solution to the problem is suggested as well.

From the Paper
"As the century turned, something huge emerged from the Internet: a new innovative process that allows users to receive music for free. Napster, the nickname of Shawn Fanning because of his nappy hair, "allows computer users all over the world to swap song files copied from personal CD collections, giving the average Neitzen easily searchable access to hundreds of thousands of songs instantly" (Graham 1D). The Napster emergence has instigated an unending distribution of free songs over the Internet, through the surfacing of other file swapping sites, and has spurred the future of Internet innovations."

Tags:technology, download, free, internet, mp3, ria, music, song

Abstract
In this article, the writer notes that the concept of originality is of obvious central importance in copyright law. The writer points out that for a work to be protected in the UK, it must be 'original', and this only applies to literary, dramatic, musical, and artistic works . This simply means that the work must emanate from the author as a consequence of the application of his labour, skill, or effort and it is clear that the existence of novelty or uniqueness is not implied. The writer looks at the British concept of 'originality' first, before moving on to other jurisdictions. The writer concludes that it is imperative that the UK courts decide on a particular view rather than adopting the middle ground, which is the source of its inconsistency. In view of the current situation, the writer maintains that the way forward would be to conform to the EU standard, and for Parliament to clarify the originality concept pertaining to the various categories as far and as soon as possible.

From the Paper
"A mere change in the resulting product is insufficient to confer originality. The difficulty here is deciding when transformation occurs, but it was highlighted in Interlego that an additional element of material alteration or embellishment is necessary - technically significant changes do not suffice. In this case, the Privy Council had to decide whether copyright still existed in Lego bricks which had been altered in 1973 to produce new changes to the original drawings, since its patents and designs had expired in 1975. It was held that no copyright existed in the later drawings, although the changes were technically significant and the result of considerable labour and expertise. Yet such a requirement is not really imposed on an author who makes several preliminary drawings to produce a final drawing, where each drawing appears similar but is still considered 'original' . For (3), the change must be relevant to the category of work for which protection is sought. Again, in Interlego, the changes made to the drawings were primarily written specifications, but artistic works require the change to be visually significant."

Tags:uniqueness, novel, protection, new, works

Abstract
The paper focuses on the British Landlord and Tenant Act 1954 that gives traders and professional persons a general right to retain their business premises so long as they comply with their obligations as tenants. The paper examines the case of Marion and her massage business, John and his 'mail order business' and Sheriff and his photography business. The paper clarifies the legal rights of the tenants in light of the landlord's wish to terminate the tenancies and renovate the building.

From the Paper
"The aim of the Landlord and Tenant Act 1954, Part II legislation, given by the Law Commission is to "give traders and professional persons a general right to retain their business premises so long as they comply with their obligations as tenants". Therefore, in order to ascertain whether the occupiers of Robin's flat may gain protection from the statute they must fulfil the relevant criteria stipulated in the act.
"The Law Commission also stipulates that "Landlords are not unreasonably prevented from regaining possession if they want the property for their own occupation of to redevelop it" which is relevant to Robin's intentions which may provide grounds for opposition against the tenants' potential claims."

Tags:protection, renovations, premises, compensation

Abstract
This paper compares the unregistered design right and copyright in the U.K. and discusses how copyright is incorporated into the unregistered design right and applied in practice, which is different from that in copyright.
Outline
Introduction
Similarities Between Unregistered Design and Copyright
How Unregistered Design Differs in Practice
Conclusions

From the Paper
"Innovation and creativity are essential pillars of social evolution. People began viewing adapted and applied knowledge as intangible assets from the early years of the industrial revolution. Products of aesthetic thought and expression have been more difficult to protect and defend than the outputs of scientific research and development. Problems of specification of intellectual property have become more controversial with the spread of digital technology in the form of computers. Print media have advantages that arise from their tangible form, over music, film and designs of commercial importance, though elements of subjectivity in judging whether a piece of work is a copy or essentially new, cannot be avoided altogether. The migration of mature economies from manufacturing to services has heightened the need to protect intangible assets. "

Tags:industrial, intellectual, ip, property, unregistered

Abstract
This paper examines how the idea of copyrighting television formats has become a prevalent area of debate in recent years, partly due to the increased global marketing/trade in television today and partly due to the changing nature of our television viewing habits and the types of programs on offer to the public at large. It looks at how the ingress of "Reality Television" onto our screens has sparked widespread comment on whether format rights should be available to broadcasting companies and program creators alike, in order firstly to protect them from infringement and secondly to "protect" the public from an influx of similar programs. It puts forward the author's belief that by allowing format rights in television programs, one is not only radically extending what is considered to be a dramatic work for the purposes of copyright law, but by giving this type of control to production companies one is narrowing the public's right to choose and only taking from an ever diminishing public domain.

Outline
Abstract
Introduction
Trash Television, "Tabloid Culture" and the Emergence of the "Real".
The Dramatic Work " A Reality
Opportunity Knocks"
The Consultative Document and the Possible End of Format Rights
The Format Trade
The New Breed of "Real" Format Rights
A Step Too Far
End of a Genre"
Conclusion

From the Paper
"The Format Recognition and Protection Association believes that there is no protection of formats at present which is good enough to meet the need, and their aim is "to promote to producers, broadcasters and the law, the concept of formats as unique, intellectual properties". There are however other, and possibly better ways to protect these types of programmes. Trademarks, although not able to protect the format of a show per se, will protect the titles, and it is becoming increasingly more common to do this , with shows like "Who Wants to be a Millionaire" and "The Weakest Link" which are almost internationally known brands of television. This may well have helped Hughie Green in the Opportunity Knocks Case, whose title was also used by the New Zealand Broadcasting Corp."

Tags:intellectual, law, patents, property, reality, trademarks

Abstract
This paper provides a brief overview of the British laws regarding land registration and land charges. It focuses on two cases, "Caunce vs. Caunce" [1969] and "Kingsnorth Finance vs. Tizard" [1986] and looks at which of the decisions achieved the most satisfactory outcome to reflect current social needs.

Outline:
Introduction
Legal Issues in the Caunce and Tizard Cases
The Decisions in the Caunce and Tizard Cases
Conclusion

From the Paper
"The legal issue in the Caunce1 case is whether the bank has priority over the wife's equitable interest in the house, owned and occupied by her and her husband at the time the mortgages were taken out. Since then the husband had left her, was she entitled to stay in the house even though it wasn't registered in her name? The legal issue that arises in the Tizard2 case is whether the land charge registered by the plaintiff (Kingsnorth Finance) "was subject to or could override the equitable interest, if any, of the wife" (Kingsnorth Finance v Tizard [1986] 1 WLR 783). Another issue was whether the wife was in actual occupation of the property, as the surveyor had noted that there was occupation by the husband and the children and the husband told the surveyor that his wife "had left many months ago" (Kingsnorth Finance v Tizard [1986] 1 WLR 783)."

Tags:land, overreaching, unregistered, pusine, mortgage

Abstract
This paper examines the intellectual property law of 'passing off'. The paper explains that the law of 'passing off' is a common law right of action in the law of tort and is based on the premise that 'nobody has any right to represent his goods as the goods of somebody else'. The paper looks at how the action is effectively one of unfair competition, and applies generally to situations where there is no registered trademark or any other intellectual property right. The paper then points out that a typical scenario would be when a defendant uses an unregistered trademark normally used by a claimant, and in so doing, represents the goods or services in such a way that the public is deceived into thinking that they are being offered by the claimant. The paper also explores how protection under the law of passing off is very much dependent on how much importance consumers place on the part when purchasing the product in question. In conclusion, the paper shows that the courts generally adopt a restrictive approach towards protecting the descriptive and the functional because granting such protection will have a negative effect on the market, and ultimately this is a question of fact, and the courts will look at all the circumstances of each case before making a decision.

From the Paper
"So long as these criteria are fulfilled, the claimant would have successfully established 'goodwill' for his goods or services, but a descriptive mark runs the greatest risk of becoming too distinctive over time that it is deemed generic. By losing its ability to indicate source, the claimant can no longer rely on the law of passing off to protect the mark. This danger has been highlighted by the case of Linoleum Manufacturing v Nairn [1878], where the public began using the term 'Linoleum' to refer to the product generally, without connoting the source of manufacture. As such, the courts will be reluctant to allow monopoly over such terms so as to promote healthy competition in the marketplace."

Tags:intellectual, property, copyright, patent, trade, mark