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Die Verz Gerung Der Leistung Im Europ Ischen Vertragsrecht


Die Verz Gerung Der Leistung Im Europ Ischen Vertragsrecht
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Research Handbook On Intellectual Property And Competition Law


Research Handbook On Intellectual Property And Competition Law
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Author : Josef Drexl
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01

Research Handbook On Intellectual Property And Competition Law written by Josef Drexl and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.


The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies. Ioannis Lianos, World Competition Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law. Madhu Sahni, Journal of Intellectual Property Rights This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all. IPKAT Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or. Marianne Levin, Stockholm University, Sweden This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the more economic approach and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework. These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.



Enlargement Of The European Union


Enlargement Of The European Union
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Author : Allan F. Tatham
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-26

Enlargement Of The European Union written by Allan F. Tatham and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-26 with Law categories.


The development of EU enlargement has raised many thorny issues unanticipated by the framers of the EC Treaty. A significant upshot of these issues is that the concept of European identity – defined in terms of such factors as culture, history and economics – has supplanted the long-dominant theme of ‘widening and deepening,’ particularly since the Union’s expansion has become primarily eastward. The major contribution of this important book lies in its analysis of the conceptualization and perception of enlargement from various points of view, focusing on the concerns of stakeholders and the ‘identity’ conflicts and uncertainties incurred by enlargement initiatives. In the course of its presentation, it details the actual pre-accession Europeanization process and its complex history. Among the key elements discussed are the following: the conflict between ‘widening’ and ‘deepening’ and the effect on EU institutional reform; institutional requirements on candidate countries; pre-accession criteria and negotiations; administrative capacity, judicial capacity, and legal approximation in accession states; capacity of the EU to absorb new Member States; and EC law as part of European identity. Also covered are specific historical details of particular pre-accession negotiations (e.g., Greece, Spain, Portugal, Malta, and Cyprus), the still inconclusive negotiations with Turkey and the Western Balkan states, and political factors involved in the non-accession of Norway, Iceland and Switzerland. Assembling powerful evidence and applying incisive analysis, the author’s conclusion shows that, absent further (and major) EU institutional reform, it will be difficult for an enlarging Union to continue to ‘deliver the goods.’ A watershed in the continuing great debate on the fulfilment of the EC Treaty’s determination to foster and promote ‘an ever closer union of the peoples of Europe,’ this book will prove invaluable to anybody interested in the European integration project, particularly lawyers, academics, officials and policymakers in the EU Member States.



For A European Union Energy Policy


For A European Union Energy Policy
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Author :
language : en
Publisher:
Release Date : 1995

For A European Union Energy Policy written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with categories.




Japanese And European Private International Law In Comparative Perspective


Japanese And European Private International Law In Comparative Perspective
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Author : Jürgen Basedow
language : en
Publisher: Mohr Siebeck
Release Date : 2008

Japanese And European Private International Law In Comparative Perspective written by Jürgen Basedow and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.


The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.



Judicial Sales Of Ships


Judicial Sales Of Ships
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Author : Lief Bleyen
language : en
Publisher: Springer
Release Date : 2015-12-16

Judicial Sales Of Ships written by Lief Bleyen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-16 with Law categories.


This work focuses on a specific aspect of the enforcement of maritime claims, namely judicial sales of ships, a procedure creditors typically resort to in the event of an irreversible default situation. A substantial part of the book approaches the topic from a comparative perspective, the goal being to assess the similarities and differences of the judicial sale procedure between three specific jurisdictions: Belgium, the Netherlands, and England & Wales. In this study, the comparison is used to further analyse the impacts of these differences on the effectiveness and reliability of the judicial sale procedure in each jurisdiction and also forms the basis for assessing the feasibility of harmonising judicial sale procedures and fostering their acceptance. Considering the international character typical of judicial sales of ships, conflict-of-law questions are very likely to arise during these procedures. Accordingly, the comparative study, where appropriate, is viewed against a private international law background.



Commentaries On European Contract Laws


Commentaries On European Contract Laws
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Author : Nils Jansen
language : en
Publisher: Oxford University Press
Release Date : 2018-07-13

Commentaries On European Contract Laws written by Nils Jansen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-13 with Law categories.


The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.



Law Society And Industrial Justice


Law Society And Industrial Justice
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Author : Philip Selznick
language : en
Publisher: Quid Pro Books
Release Date : 2020-05-23

Law Society And Industrial Justice written by Philip Selznick and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-23 with Law categories.


LAW, SOCIETY, AND INDUSTRIAL JUSTICE is a foundational study of workplace justice, still engaging and referenced a half-century after its original publication. The 50th Anniversary Edition adds an extensive, substantive Foreword by Berkeley’s Lauren Edelman. She writes that the book “remains important for how it conceptualizes law, for how it conceptualizes organizations, and for the theory Selznick offers regarding the moral evolution of organizations as they become ‘institutions,’ or living entities infused with values.” It is “a profound book for many reasons,” as she critically examines. Norms and values still matter in organizational governance — even in what amounts to “private government” — as this classic work reminds us. “Selznick’s classic text invites the reader to understand the interplay of formal and informal structures that produce new organizational norms, which, at their best, would replace workplace arbitrariness with due process protections like those embodied in the Rule of Law. It is not just an extraordinary contribution to the fields of sociology and jurisprudence, it is the theoretically foundational precursor to entire subfields in sociology and law.” — Laura Beth Nielsen, Chair, Department of Sociology, Northwestern University; Research Professor, ABF “Philip Selznick laid the foundation for one of law and society’s most vibrant areas of inquiry: law and organizations. Although this book has often been underappreciated, its 50th anniversary is a good opportunity to reassess its significance. Indeed, the current #MeToo movement lends more urgency to Selznick’s highly relevant ideas about conceptualizing organizations as legal orders, the importance of changing norms and values, the role of law within organizations, and organizations’ influence on the law.” — Ashley T. Rubin, Sociology, University of Hawai‘i at Manoa “Selznick’s study is undoubtedly the most erudite and imaginative example of the natural-law approach to appear. ... It is a very fine, even extraordinary piece of legal scholarship. It displays much craftsmanship, depth of learning, and creativity. It is elegant in style and graceful in presentation. Every legal sociologist should read it.” — Donald J. Black, American Journal of Sociology “A contribution, brilliant and substantial, to the literature on private government.” — Winston M. Fisk, American Political Science Review “Very enlightening and reminiscent of a good lecturer able to pull all the strings together chapter by chapter. ... The volume can be recommended to all students of law, industrial organization, and industrial relations.” — Industrial and Labor Relations Review



Regulating Contracts


Regulating Contracts
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Author : Hugh Collins
language : en
Publisher: Oxford University Press on Demand
Release Date : 2002

Regulating Contracts written by Hugh Collins and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.


Using an interdisciplinary approach involving economics, sociology and law, Regulating Contracts explores fundamental questions about the purposes and effects of legal regulation of contractual relationships. What kind of social relation do contracts create, or, more precisely, how do contracts govern social interaction. How are contractual relations, or more generally, markets constructed? Does the law play a significant role in particular practices, and in particular, what do lawyers, courts, and legal sanctions contribute to the contractual social order? For what distributive purposes does the law attempt regulation? The controversial conclusions of this study suggest that the law plays an insignificant role in the construction of markets, and that law and lawyers could provide better assistance by using indeterminate regulation that permits the recontextualization of legal reasoning. Legal regulation of contracts concerned with redistributive tasks, such as redressing unfairness, countering unjust power relations, and improving access to justice, is evaluated both with respect to the objectives of regulation and the search for the most efficient and efficacious form of regulation. The argument in the book is that control of unfairness is both desirable and practicable, that power relations should be modified for the sake of efficiency, and that better access to justice is unhelpful to the resolution of contractual disputes.



Private Enforcement Of Ec Competition Law


Private Enforcement Of Ec Competition Law
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Author : Jürgen Basedow
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2007-03-15

Private Enforcement Of Ec Competition Law written by Jürgen Basedow and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-15 with Law categories.


The European Commission’s recent Green Paper on damages actions for breach of EC antitrust rules stirred a debate across Europe on the need for legal reform that would encourage private plaintiffs to claim compensation for losses suffered as a result of anticompetitive conduct. Prominent in the wake of that initiative was the international conference convened by the Max Planck Institute for Comparative and International Private Law in Hamburg in April 2006, the papers and proceedings of which are presented in this important book. Among the topics and issues raised and discussed here are the following: – the 2001 Courage judgment of the European Court of Justice, in which the court decided that everyone who suffers losses from a violation of arts. 81 or 82 EC is entitled to compensation; – relevance of the case law that contributes to general principles of European tort law; – comparative analysis from the more comprehensive experience of national laws in the United States, Germany, France, and Italy; – calculation of damages; – passing-on of losses sustained in an upstream market to customers in a downstream market; – procedural devices which may help to overcome the lack of implementation; – duties of disclosure and the burden of proof; – collective actions that may help to overcome the rational abstention of individuals; – pitfalls of leniency programmes implemented by national competition authorities; and – issues of jurisdiction and choice of law. The lively debates that followed the presentations at the conference are also recorded here. Although more discussion will be needed before a viable legal framework in this area begins to emerge, these ground-breaking contributions by lawyers of various disciplines, jurists, economists, academics, and European policymakers take a giant step forward. For lawyers, academics, and officials engaged with this important area of international law, this book clearly improves our understanding of the economic need and legal particularities which could generate an effective European system of private antitrust litigation.



The Fundamental Principles Of Eea Law


The Fundamental Principles Of Eea Law
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Author : Carl Baudenbacher
language : en
Publisher: Springer
Release Date : 2017-10-24

The Fundamental Principles Of Eea Law written by Carl Baudenbacher and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-24 with Law categories.


This book features eleven contributions on the fundamental principles of EEA law: legislative and judicial homogeneity, reciprocity, prosperity, priority, authority, loyalty, proportionality, equality, liability and sovereignty. Written by EFTA Court and national judges, high EFTA officials, private practitioners and scholars, it raises awareness of EEA law and provides insights for EEA and EU law practitioners and researchers. It focuses on the principles at the core of EEA law, some of which are common to EU and EEA law, while others have a specific place in EEA law and some ensure consistency between the EEA Agreement and the Treaty on the Functioning of the European Union. It is the only book to focus on the fundamental principles of EEA law.