Enforcement Of Intellectual Property Rights In Dutch English And German Civil Procedure
DOWNLOAD
Download Enforcement Of Intellectual Property Rights In Dutch English And German Civil Procedure PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Enforcement Of Intellectual Property Rights In Dutch English And German Civil Procedure book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Enforcement Of Intellectual Property Rights In Dutch English And German Civil Procedure
DOWNLOAD
Author : George Cumming
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01
Enforcement Of Intellectual Property Rights In Dutch English And German Civil Procedure written by George Cumming 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 2008-01-01 with Law categories.
EU Directive 2004/48 EC obliges Member States to seek to achieve 'partial harmonization' of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level. The three authors' vastly detailed, article-by-article analysis of the fortunes of Directive 2004/48 EC in three EU jurisdictions offers enormously valuable insights into the complex ways Member States respond to Community law, and in so doing provides an important addition to the ongoing inquiry into the nature of the reciprocal tensions between EU law (both judicial and legislative) and the laws of Member States. The particular investigation undertaken here reveals three paradigmatic situations: the situation in which the Directive has not been implemented at all, either because the Member State believes that its current legislation is adequate or that the wording of the Directive is such that no special legislation is required (England); the situation in which implementation has been inadequate, because either the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain (The Netherlands); and the situation in which the relevant time for implementation for the Directive has elapsed and no specific legislation has been adopted (Germany). If there really is, as the European Commission contends, an 'enforcement deficit' in the protection of intellectual property rights by national rules of procedure, then the most effective remedial approach, Cummings shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpretation of the precise meaning of the substantive obligations under the Directive. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation of a directive, may bring an action against the State for breach of Community law. The author presents his analyses of the implementation of the Directive in Dutch and English national procedure and his proposals for German implementation as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.
Civil Procedure In Eu Competition Cases Before The English And Dutch Courts
DOWNLOAD
Author : George Cumming
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
Civil Procedure In Eu Competition Cases Before The English And Dutch Courts written by George Cumming 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 2010-01-01 with Law categories.
For decades it seemed clear that EC competition law was enforceable effectively at the national level, and ECJ case law has continued to bear this out. In recent years, however, the Commission has been proposing harmonization of national rules of procedure in competition cases, implying that procedural autonomy is insufficient on its own to produce an effective enforcement system in this area. As the authors of this book clearly demonstrate, this suggests a binary system governing the enforcement of EC Articles 81 and 82: namely, that led by the Commission through directives and eventual regulations, and that built on ECJ principles in areas not dealt with by such Community instruments. This book describes and analyzes not only the specific Commission recommendations, but also the manner and extent to which these recommendations are or may be implemented in civil procedure. In particular, the authors consider changes which may be required if these recommendations are incorporated into Dutch and English rules of civil procedure. Also addressed are elements of procedure not mentioned by the Commission but which might usefully be considered in the context of ECJ principles of effectiveness, equivalence and effective judicial protection of rights. At the heart of the study is a detailed analysis of the Commission White Paper on Damages Actions and the Commission Staff Working Paper, both issued early in 2009. The in-depth analysis ranges over procedural aspects of such elements as the following: andstanding; anddisclosure and access to evidence; andburden of proof; andfault/no fau andcosts of damages actions; andinjunctions; andcivil versus administrative enforcement; andlimitations; andleniency programmes; andcollective actions; andconfidentiality; and andforms of compensation. Anticipating as it does a looming impasse in European competition law, this remarkable book sheds defining light on the real implications of EC competition law for parties to damages actions, not only in the national systems studied but for all Member States. For practitioners and jurists it offers a particularly useful approach to the handling of cases involving European competition law, and also serves as a guide to current trends and as a clarification of doctrine.
After The Damages Directive
DOWNLOAD
Author : Andrea Biondi
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-01-11
After The Damages Directive written by Andrea Biondi 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 2022-01-11 with Law categories.
International Competition Law Series [ICLS], Volume 89 Designed to deter anticompetitive conduct and to ensure full compensation for loss and damage caused by competition infringements, the Antitrust Damages Directive has become a crucial factor in companies’ risk management planning. This first book of its kind offers a comparative overview, practical and authoritative, of the implementation and application of private enforcement rules in each EU Member State as well as in the post-Brexit United Kingdom, covering legislation and case law to date. For leading jurisdictions where practice is already well developed, there are more detailed chapters, with perspectives of judges, competition authorities, practitioners, and economists. The contributors – all experts in the use of EU competition law in their respective jurisdictions – cover the provisions of the Directive in detail, including the following: requirement of full compensation; rules preventing overcompensation; court’s power to estimate damages that cannot be precisely quantified; joint and several liability for infringing undertakings; coordination between public and private enforcement; provisions related to passing-on; certain rules on admissibility of evidence; rules on limitation periods; and consensual dispute resolution. In its detailed explanations of shared best practices and its highlighting of opportunities for convergence, the book provides much-needed insight into judicial practice and thinking, the economic approaches and strategies relevant to damages, and the coordination between public and private enforcement. These expert views will prove invaluable for practitioners wishing to see how the law and practice might evolve in their own jurisdictions, as well as into the problems that have arisen or might arise in the future.
The Enforcement Of Intellectual Property Rights A Case Book
DOWNLOAD
Author : L.T.C. Harms
language : en
Publisher: WIPO
Release Date : 2012-12
The Enforcement Of Intellectual Property Rights A Case Book written by L.T.C. Harms and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12 with Law categories.
With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil as well as criminal proceedings.
The British National Bibliography
DOWNLOAD
Author : Arthur James Wells
language : en
Publisher:
Release Date : 2009
The British National Bibliography written by Arthur James Wells and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Bibliography, National categories.
The Guide To Challenging And Enforcing Arbitration Awards
DOWNLOAD
Author : John William Rowley
language : en
Publisher:
Release Date : 2021
The Guide To Challenging And Enforcing Arbitration Awards written by John William Rowley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Arbitration agreements, Commercial categories.
The Civil Code Of The Netherlands
DOWNLOAD
Author : Netherlands
language : en
Publisher:
Release Date : 2013
The Civil Code Of The Netherlands written by Netherlands and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Civil law categories.
This second edition of The Civil Code of the Netherlands will be an invaluable tool for lawyers, businessmen and students in their practice of, research or study into Dutch Law. The first edition, published in 2009, reflected the Civil Code as in effect on 1 October 2008. Since then it has been supplemented by significant new statutory provisions, the most important of which is the addition of Book 10 (Private International Law), which entered into force on 1 January 2012. The translators, who continually strive to update, improve and modernise their translation, are Hans Warendorf, a Dutch advocaat and former senior partner of a leading Dutch law firm; Richard Thomas, a solicitor of the Supreme Court of England and Wales and London partner of the international law firm Vedder Price, both experienced cross-border legal practitioners who have worked together as a translation team for more than twenty years; and Dr. Ian Curry-Sumner, founder of the Dutch legal advice firm Voorts Legal Services in Utrecht, with more than 10 years' experience translating and lecturing Dutch family and inheritance law.
Security Rights In Intellectual Property
DOWNLOAD
Author : Eva-Maria Kieninger
language : en
Publisher: Springer Nature
Release Date : 2020-06-11
Security Rights In Intellectual Property written by Eva-Maria Kieninger and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-11 with Law categories.
This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law. In the context of business financing, intellectual property rights are still only reluctantly used as collateral, and on a small scale. If they are used at all, it is mostly done in the form of a floating charge or some other “all-asset” security right. The only sector in which security rights in intellectual property play a major role, at least in some jurisdictions, is the financing of movies. On the other hand, it is virtually undisputed that security rights in intellectual property could be economically valuable, or even crucial, for small and medium-sized enterprises – especially for start-ups, which are often very innovative and creative, but have limited access to corporate financing and must rely on capital markets (securitization, capital market). Therefore, they need to secure bank loans, yet lack their own traditional collateral, such as land.
Current Publications In Legal And Related Fields
DOWNLOAD
Author :
language : en
Publisher:
Release Date : 2009
Current Publications In Legal And Related Fields written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Bibliography categories.
Specific Performance In German French And Dutch Law In The Nineteenth Century
DOWNLOAD
Author : Janwillem Oosterhuis
language : en
Publisher: BRILL
Release Date : 2011-04-07
Specific Performance In German French And Dutch Law In The Nineteenth Century written by Janwillem Oosterhuis and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-07 with Law categories.
This book illustrates the influence of early human rights and mass industrialisation on the right to (physically) enforce performance of obligations in France, the German territories and the Netherlands during the nineteenth century. It provides background information to the harmonisation of a controversial concept in European Private Law.