Folklore, as a specific part of the traditional heritage, forms one of the constituent elements of the cultural identity of every community. As such, expressions of folklore ought to be preserved and protected from uncontrolled and inappropriate utilisation. The problem of an adequate system of protection of folklore has been discussed over the last few decades, yet, it seems that, up to date, legislative solutions fail to entirely efficiently and comprehensively deal with this issue. At the same time, somewhat unfairly, mainly the indigenous communities have been the focus of most of these scientific and legislative approaches over the past decades. Predominant part of the existing literature and normative models of protection have used the indigenous communities as a starting point in developing folklore protection systems and schemes, leaving many other non-indigenous communities with rich folkloric opus on the margins of the attention. On account of this, one may argue that the proposed legislative solutions are not fully operational for both indigenous and non-indigenous communities. Recognising the above, and at the same time aware that folklore does not only exist in isolated parts of the world but is present in every nation and in every culture, the main focus of this thesis is to examine the protection of folklore from a specific perspective, that of the overlooked non-indigenous communities. At the same time, this thesis also looks into answering certain currently unrequited issues, aiding in that way to the development of a more globally appropriate system of protection of expressions of folklore.

Copyright law grants exclusive rights to right-holders which prevent others from exploiting copyright-protected works without authorisation. However, this right is not absolute. Legislation includes specific exceptions which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. While the parody exception is not harmonised at international level, the EU Information Society Directive offers EU Member States the option of including a parody exception within national copyright legislation as part of a harmonising framework. The UK took advantage of this option, and introduced a new copyright exception for parody in October 2014. To understand the meaning and scope of the new exception in UK copyright law and to analyse whether EU harmonisation of the parody exception is achievable, this thesis examines and compares four jurisdictions which differ in their protection of parodies: France, Australia, Canada and the United Kingdom. This thesis is concerned with finding an appropriate balance between the protection afforded to right-holders and the public interest in encouraging parody. This is achieved by analysing the parody exception to the economic rights of right-holders, the application of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this thesis considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this thesis aims to provide guidance on how to resolve conflicts where fundamental rights are in conflict.

Digital Rights Management systems (DRM) are frequently used by rightsholders in order to protect their works from the, very high indeed, possibility to be copied, altered or distributed without authorisation by users who take advantage of available state-of-the-art copying techniques. Because DRM are legally protected by anti-circumvention legislation both in the United States and in Europe, a debate goes on more than a decade now regarding their impact to the notion of “balance” among copyright stakeholders that traditionally underpinned copyright law. In this context, this study examines, in turn, the philosophical underpinnings of analogue and digital copyright law focusing of copyright exceptions, the development of a notion of a minimum of lawful personal use for the digital environment based on existing copyright exceptions and users’ expectations of personal use, and the impact of the use of DRM and of the introduction of anti-circumvention legislation to this notion. While the European Information Society Directive 2001/29/EC (EUCD) is the main legal instrument analysed and criticised, the role of other Directives is also examined to the extent they address the relationship between lawful personal use and anticircumvention legislation. Legal developments in the United States could not have been absent from this discussion since anti-circumvention legislation was introduced there much earlier than the EUCD and important case-law and legal commentaries have developed since. Following the identification of problems regarding the operation of a minimum of lawful personal use in digital settings, the proposal to introduce a right to engage in self-help circumvention afforded to users of DRM-protected works for Europe is put-forward. Such a right would not undermine rightsholders incentives to offer works online and develop new business models but would acknowledge the users’ interest to interact and tinker with digital works taking full advantage of the new possibilities offered by digitisation.

Devant les remarques critiques dont fait l’objet la profession d’agent immobilier, il a paru intéressant à un agent immobilier à la retraite de faire le point sur la fonction de l’agent dans la vente d’immeuble achevé. Le sujet ne saurait se limiter au seul examen des rapports contractuels compliqués qui se nouent entre le vendeur, l’acheteur et l’agent immobilier. En effet, en menant à bien les projets de vente ou d’achat que lui confient ses clients, l’agent ne se contente pas d’accomplir la tâche d’un intermédiaire fiable sur un marché dont il a une bonne connaissance ; il devient véritablement un rouage structurant du marché immobilier. Naturellement, après l’étude du rôle de l’agent immobilier sur le marché immobilier, c’est son rôle dans le processus qui conduit à la conclusion du contrat de vente qui mérite de retenir l’attention, et cela depuis le moment où quelqu’un lui confie un mandat, qu’il soit de vente ou de recherche, jusqu’au moment où l’une des parties à la vente, mécontente de l’opération, se retourne contre l’agent immobilier / Faced with the criticism hurled at real estate agents, it has appeared useful for a retired real estate agent to review the role of the agent in the sale of completed buildings. The topic is wider than the mere review of complex contractual relationships between seller, buyer and estate agent. As he takes care of the purchase or sale projects of his clients, the agent indeed acts as more than a reliable middleman with comprehensive knowledge of the market he operates in; he actually becomes part and parcel of the structure of the real estate market. After studying the role of the real estate agent in the real estate market, his role in the process leading to clinch a sales contract will be looked into, from the moment he is commissioned to sell or search, until the time when one of the parties in the sale turns against the estate agent in displeasure

The primary purpose of a trademark is to facilitate the communication of information between consumers and producers about their products and services to those who wish or need to buy them. The consumer needs to be able to depend on the message the mark conveys to ensure they are purchasing what will fulfil their requirements. In the modern market place, the choice appears endless, and indeed the principles of free trade espoused by the European treaties has heightened the opportunities for cross-national traders to sell their goods, and increased the options available to consumers. When this occurs, so does the availability of information which a purchaser may find the need to seek through to ascertain what he or she wants in an complex and often confusing exercise in differentiation. It is therefore in the interests of producers and customers that those who manufacture goods or provide services develop a mark which identifies their wares and helps provide feedback measured by success; consequently an exchange of information. Consumers are able to make their preferences known via choice, or otherwise, of the mark. Modern business methods and the vast array of marketing opportunities are not only placing the role and function of the trademark at the forefront of consumer protection, but also developing the concept of the mark as an asset of considerable value in itself. This increases its vulnerability to competitive interference and the proposition that it should receive enhanced protection in law. Somewhat perversely, it has resulted in a body of legislation and jurisprudence which lacks cogency and coherence. The purpose of this thesis, accordingly, is to examine the causes thereof by evaluating the current European trademarks protection system to ascertain the contribution they actually make to promotion of free competition and the movement of goods or services upon which that substantial market is predicated. It will examine the impact of the development of protection granted to the trademark with particular reference to the use of online keywords advertising service and focus on the effect of relatively new theories of what functions qualify to be shielded from harm from competitive others. This has expanded beyond the conventional boundaries of source ‘origin’ protection, espoused to primarily protect consumers from confusion in their choice making process. Advertising and investment functions as separate principle are recognised by the Court of Justice of the European Union, but do not appear to qualify for safeguarding in the context of the competitive free market. In fact, it will be shown that giving excessive shelter from harm to all functions which may affect the value of the trademark will limit, even jeopardise, third party competitor and consumer issues. It will inhibit the use of the e-commerce online keywords advertising service which assists third parties to promote alternative competing goods or services and so reduce consumer choice by restriction of online information. It is suggested that proper, clear defences must be guaranteed under the law so third parties may gauge their actions to avoid infringement of trademark owner rights whilst promoting their own products, and accordingly strike the necessary balance between the different competing interests of trademark owners, third parties competitors, and consumers.

Strong private property rights to land are recognised as fundamental to the economic growth of a country's legal system. Legal reform of inadequate and inefficient property rights laws is therefore essential. My thesis aims to address the lack of legal reform of the laws governing property rights to land in Nigeria. It does this by critically examining the Land Use Act set up as the primary body of legislation governing property rights in Nigeria.The thesis seeks to offer meaningful insights by proposing an institutional analysis of the limitations to reform of existing laws governing property rights to land in Nigeria. Several approaches of new institutionalism are explored in analysing identified constraints which exist within formal and informal institutions. Explanations of the absence of legal reform are addressed through themes examining formal and informal institutional structures which limit reform. Analyses of institutional structures highlight the significant role played by institutions in the etablishment and development of property right laws in Nigeria. An in-depth look at Nigerian private property laws and legally recognised interests on land exposes fundamental limitations to private property rights protection of individuals within the Nigerian state. The thesis provides valuable insights and addresses institutional limitations through consideration of strategies which would enable and assist legal reform of Nigeria's property rights laws. The study concludes by exploring three aspects. First, it offers reform proposals and analyses the functionality of the proposed reform suggestions. Second, it highlights principles of policy-making redesign within formal institutions. Finally, it offers strategies to assist reform within informal instituional structures.In short, the thesis focuses on enabling legal reform of Nigerian property rights laws to ensure the amendment, modification or excision of bad, inefficient laws in order to offer better protection of individuals' property rights to land.

Trade marks are information carriers through which direct contact between buyers and sellers is obtained and maintained. In today’s consumer society, which is overburdened with increasingly subtle and artificial product differentiation, most purchasing decisions would be difficult without any feedback mechanism between the products on offer and potential consumers. Accordingly, producers need a symbol that is capable of providing this feedback by conveying the relevant information about the products to consumers, without boring or over-educating them. On the other hand, consumers need a symbol to guide their choice and express their preferences. To convey this information in an effective manner there must be a clear link with the producer, or at least the commercial entity responsible for marketing the product. The most convenient and effective way of establishing this link would be through the product’s trade mark. Nonetheless, modern business and marketing practices are increasingly driving a change in the role of trade marks from consumer protection tools to investment protection tools. This significant change has created a deep tension at the heart of trade mark law and has hindered attempts to formulate a coherent body of law. Accordingly, this thesis examines the causes of this tension by evaluating the current European trade marks protection system and its contributions towards promoting free competition and enhancing social and economic welfare. In addition, this thesis tests the developing national and Community trade mark decisions against economic arguments to judge how these decisions are responding to and dealing with the tension within the law. Moreover, the thesis explores how the law can avoid the problem of over or under protection by establishing a balance between protection of and access to trade marks rights. To achieve this goal the responsible authorities must resolve the fundamental challenges of ‘what do we want to protect in a trade mark?’ and leading on from this, ‘what is the scope of an efficient system of trade marks protection?’ Furthermore, this thesis considers how the trade marks system should deal with the wider economic functions of trade marks and their implications for the specific topics of dilution, comparative advertising and parallel importation. Finally, the thesis concludes by calling for the creation of a balanced trade mark protection system through the application of the legal and economic tools indentified throughout this study.

Holders of rights sue ISPs for copyright and trademark infringement: specifically, for contributory liability through the ISP’s knowledge of user infringement. Knowledge about user infringement has been prevalently recognised as a crucial element of ISPs’ secondary liability, but the approaches concerning the knowledge standard are different in US copyright case law (traditional tort), the US Digital Millennium Copyright Act, the US Lanham Act, US trademark case law, and the EU Electronic Commerce Directive. Their differences have posed questions on the efficacy of the current knowledge standards and case law interpretations to omit legal ambiguities and offer appropriate guidance for tackling issues. This research presents that the US knowledge standards and the ECD knowledge standard apply broad knowledge standards to evaluate ISPs’ knowledge but they differ in terms of their elements and conditions for permitting ISPs and copyright holders to co-exist and combat copyright infringement. US copyright case law, the InWood knowledge standard, and the EU knowledge standard are deficient in terms of offering a suitable notice and take-down regime to reduce the duties of ISPs and to tackle the high risk of an ISP being held liable without knowledge. This is in contrast to the DMCA, which is free from such legal concerns because of its specified notice and take-down regime. Consequently, to fulfil the aims of this research, the following recommendations are made: the US copyright knowledge standard should preserve the broad knowledge standard of the DMCA, subject to implementing a compulsory notice and take-down regime, establishing a special body regarding the notification in section 512, and designing technical criteria for the ‘red flag’ test. In addition, it is recommended that the Lanham Act codify the InWood knowledge standard and the DMCA’s notice and take-down procedures. Besides, it is recommended that the ECD establish a notice and take-down regime similar to that applied by the US DMCA (subject to the above amendments).

This thesis explores the protection of ownership of corporeal moveables in Scots law with particular reference to the position of a good faith acquirer from a non-owner. It exposes three fundamental tenets of Scots property law to critical scrutiny: the sharp theoretical distinction between possession and ownership, the requirement that the owner consent to derivative transfer and the right of the owner to recover his or her property from any third party in possession. In many other civil law jurisdictions, greater protection is afforded to the bona fide purchaser. The thesis explores the historical and doctrinal reasons for the strong protection of the original owner in Scots doctrine, including an important Romanist tradition but also a significant moral and theological emphasis on the duty to restore, particularly in Viscount Stair’s influential Institutions. Utilising a historical and comparative approach, the first part of the thesis outlines the development of early Scots law and the foundation of the modern Romanist structure of the law governing transfer of moveables. It is argued that the modern patchwork of exceptions to the nemo plus rule lacks any unifying justificatory principle and produce often uncertain results. The thesis also examines the various justifications advanced for protecting good faith acquirers. The most frequently cited explanation is that of promotion of commerce, but significant difficulties are identified with this argument. It is further concluded that the publicity afforded by possession is not sufficient for it to justify protection of acquirers. In terms of security and certainty of rights, good faith acquisition is not a panacea for the problems associated with highly mobile property such as vehicles. However, in light of the deficiencies of the current Scots law rules, a clear doctrine explicitly conferring ownership in more precisely defined circumstances would be preferable.

In 2013, the US Supreme Court declared isolated gene sequences as ‘products of nature’ and hence, unpatentable subject matter. Paradoxically, the European Patent Office (EPO), relying on the EU Biotech Directive 98/44/EC, does not perceive a problem with patents on isolated human genetic sequences. However, the EPO excludes human embryonic stem cells (hESCs) from being patentable subject matter on the grounds of morality and ordre public. The controversy arises from an understanding that gene patents create a de facto tragedy of the anti-commons. This, in turn, is based on a wider belief that the current statutory regime governing the patent protection of human genetic materials creates expansive property rights, without a proper consideration of the public interest. This thesis tests this proposition by examining and revealing the contextual genesis of these bifurcated reactions by the United States and European jurists. First, it reframes the historical evolution of patented inventions within the biotechnology sector. By adopting the concept of patents as a social contract between the inventor and society, the research reasserts the fundamental aspects of patent law. Second, the subsequent chapters employ this primary premise in order to map out the theoretical arguments for propertizing genetic materials. Finally, the thesis investigates the possibility of policy guidelines by gathering an empirical dataset through questionnaires and interviews directed at key stakeholders. This work maintains that the current statutory regimes in Europe and the US governing the patent protection of human genetic materials can create acceptable property rights. But this is only possible if the regime adopts a purpose-bound approach for human genetic materials. Such an enhanced status quo approach, as adopted in some European jurisdictions, would entail the consideration of public interest values, as articulated through the empirical research, and which has been set out as a draft manifesto.