Academic literature on the topic 'Intellectual property – Law and legislation – European Union countries'
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Journal articles on the topic "Intellectual property – Law and legislation – European Union countries"
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KHRIDOCHKIN, Andriy. "Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union." Scientific Bulletin of Flight Academy. Section: Economics, Management and Law 6 (2022): 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Marković, Slobodan. "Položaj Srbije u globalnoj i evropskoj harmonizaciji prava intelektualne svojine." Pravo i privreda 60, no. 3 (August 15, 2022): 425–46. http://dx.doi.org/10.55836/pip_22301a.
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The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) from 1994 triggered the process of transplantation of a neoliberal model of intellectual property protection from Western highly industrialized countries to the rest of the world, including the least developed countries. Because of its political aspirations, Serbia has the obligation to implement TRIPS and the law of the European Union. Consequently, the legal profession in Serbia is currently preoccupied with harmonization, and not with the creation of norms that are in the function of the country's development interests. Thus, the criterion for assessing the quality of regulations has become their compliance with EU law, and not their correspondence with the need for national development and well-being. With several examples of transplants of intellectual property law from the EU, the author illustrates two contradictory phenomena that characterise this process. Firstly, narrowing the space for the national legislator to adopt a norm that would correspond much better to the current national need. Secondly, leap forward of the domestic legislation on the basis of indisputable values of the European economic and cultural world.
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Kovalenko, I. "Some types of works posted on the internet, and the peculiarities of their protection by Ukrainian copyright compared to US law." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 181–85. http://dx.doi.org/10.24144/2307-3322.2022.70.26.
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The article deals with the peculiarities of protection against plagiarism of works posted on the Internet and the peculiarities of their protection by Ukrainian copyright compared with US legislation.
The ratio of features of the computer program as an object of copyright protection is analyzed. After all, the program derived from the algorithm and is in a sense, its equivalent. This means that some basic features of algorithms are inherent in programs. The program can also be considered as a means of implementing an algorithm, and as such, characterized by certain distinct features from which for the purposes of the program research as an object of copyright protection can be distinguished: unlike the algorithm, which is a sequence of logical-mathematical Transformation operations, the program contains a sequence of commands that describe the process of implementing an algorithm and provide control of this process. The objective form of expression of the program is its recording formalized language of simultaneous computers.
It is determined that the protection of computer programs by copyright norms, is a great theoretical and practical curiosity as the simplest and economical.
The jurisdictional and non-legal forms of protection of patent law are characterized, the main ways of protecting intellectual property rights are clarified. The emphasis on the judicial prohibition as a way of protecting intellectual property rights is analyzed by the international index of property rights, in particular the level of protection of intellectual property rights in Ukraine and in the United States. The fact of a low indicator of protection of intellectual property rights in our country is established compared to European countries. The main issues of protection of intellectual property rights in Ukraine are highlighted. It is emphasized the need to adapt national legislation to the legal system of the European Union. There are a number of international treaties regulating intellectual property relations at the international level. The European integration course of Ukraine indicates its desire to adapt their legal system to European standards, and therefore, concluding an Association Agreement with the EU, Ukraine has undertaken to harmonize its intellectual property legislation with European legislation. The provisions of a number of European legal acts regulating the issue of protecting intellectual property rights are given. Problems of collecting evidence base for violation of intellectual property rights remains open issues as a national judicial practice on this issue. It is necessary to create a specialized judiciary that would consider cases of violation of intellectual property rights, including on the Internet. It is necessary to enhance legal responsibility for violations in the field of intellectual property, in particular regarding the distribution of pirate products.
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Nievienhlovskyi, Adrian. "Artificial intelligence from the perspective of polish intellectual property law. Selected issues." Theory and Practice of Intellectual Property, no. 5 (December 29, 2022): 93–102. http://dx.doi.org/10.33731/52022.270901.
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Keywords: artificial intelligence, intellectual property law, copyright, industrialproperty law, computer programs
In Poland, as in other countries, there is an ongoing discussion on legal issues related to artificial intelligence. Formany people, there is no doubt that this intelligence should be protected. The problem rather narrows down to what conditions must be met for this protection. Some Polish scientists want to wait for solutions to be developed in the European Union.Poland, as a member state of the European Union, must respect the regulations emerging at the EU level. These regulations are only being planned. There is a certain risk in introducing new regulations in Poland without waiting for EU solutions.It could turn out that the laws adopted by Poland would be incompatible, not in compliance with European law.On the other hand, the software producers' communities are pushing for the introductionof relevant legislation now. They claim that this is needed to protect the funds that are being invested in artificial intelligence in Poland. In their view, without proper legislation, investors will reduce financial support for the developmentof artificial intelligence. In fact, however, the computer manufacturers' communityis not at all concerned with protecting 'mere' artificial intelligence. It is protected in Poland and can be provided by copyright law in particular. The most important issue in Poland already relates to the protection of creations generatedby artificial intelligence. This is in fact what the computer software development community and beyond cares most about.However, the protection of creations of artificial intelligence is not only about benefits, but also about threats. This will be discussed further in the article. Some lawyers are considering how to interpret the existing legislation so that the protectionof artificial intelligence creations is already possible. They want to use existing theoretical constructs to justify this protection.
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Barskyy, V. R., and D. Yu Dvornichenko. "HARMONIZATION OF UKRAINIAN AND EUROPEAN UNION LEGISLATION ON THE PROTECTION OF THE RIGHTS TO GEOGRAPHICAL INDICATIONS: BACKGROUND, SITUATION AND PROSPECTS." Constitutional State, no. 42 (July 7, 2021): 115–24. http://dx.doi.org/10.18524/2411-2054.2021.42.232407.
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The article is devoted to the issue of harmonization of the legislation of Ukraine and the European Union on geographical indications. The study of the influence of the European experience in the field of protection of geographical indications is explained by the systemic reform of this institution in Ukraine. The protection of geographical indications is becoming increasingly important in the context of a gradual increase in trade between Ukraine and the European Union. Based on the analysis of the correlation of the EU law with the legislation of its member-states in the field of protection of geographical indications, a forecast of the development of this legal field in Ukraine is provided and the current tasks related to its revision and development are determined. The system of protection of geographical indications of the European Union is constantly adapted to the needs of the market. Current trends in its development include the gradual merging of the sovereignty of member states in the field of intellectual property protection, which in the long run may lead to the disappearance of relevant areas of national legislation of individual countries. Therefore, Ukraine must adapt to this trend as soon as possible at the legislative level. The ratio of sources of national legislation of Ukraine and acts of the European Union indicates that the latter significantly affect the development and functioning of the relevant legal field of Ukraine. Firstly, the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, is an element of the national legal system and can be directly applied to the relevant legal relationship. Secondly, the acts of the European Union on the protection of geographical values determine the directions and parameters of the development of national legislation of Ukraine in the relevant field. In particular, the harmonization of the legislation of Ukraine to the European Union standards on geographical indications has led to amendments to the Civil Code, Economic Code and the adoption of a new version of the law “On legal protection of geographical indications”.
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Berdnik, I. V. "INTERNATIONAL PRINCIPLES OF CRIMINAL AND LEGAL PROTECTION OF INTELLECTUAL PROPERTY OBJECTS." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2022, no. 1 (September 2, 2022): 7–17. http://dx.doi.org/10.32755/sjcriminal.2022.01.007.
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The article is devoted to issues of international legal principles in the field of implementation and protection of intellectual property objects in the aspect of influence on the processes of law enforcement and law-making in the field of criminal law of domestic legal systems. It is determined that the following are important for the criminal protection of intellectual property rights: the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), the Convention on Cybercrime, the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the Hague Agreement Concerning the International Registration of Industrial Designs, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration to them, and others. The relevance of this issue is due to the fact that, taking into account the processes of globalization of the world economy, as well as the process of integration of the legal systems of the countries of the world, the study of the international principles of criminal and legal protection of intellectual property is of great importance at the current stage of Ukraine’s development. The author determines that the concept of “intellectual property” should be understood as a type of property as a generic concept. Based on the analysis of the norms of international acts on the criminal protection of intellectual property rights, a number of problems have been identified that must be resolved in legislation, as well as legal science and practice. These problems include: 1) the problem of determining in which sections of the criminal codes the norms establishing criminal liability for infringement of intellectual property rights should be located. It is proposed to combine the norms establishing criminal liability for infringement of intellectual property rights into one section “Criminal offenses against intellectual property” in the Criminal Code of Ukraine; 2) the problem of determining which objects of intellectual property should be protected by the norms of criminal law. Key words: criminal liability, intellectual property, criminal legal protection, World Intellectual Property Organization, European Union.
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Ivanenko, Dmytro, and Nataliia Hlushchenko. "LEGAL ASPECTS OF INTELLECTUAL PROPERTY IMPACT ON AVAILABILITY OF MEDICINES IN UKRAINE." Law Journal of Donbass 76, no. 3 (2021): 39–44. http://dx.doi.org/10.32366/2523-4269-2021-76-3-39-44.
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The right of a person to access medicines is derived from the right to health. At the time of the establishment of fundamental human rights, the issue of lack of access to medical supplies was not considered a violation of human rights. The spread of pandemics has led to the gradual recognition of the right of access to medicines. The TRIPS agreement fundamentally reformatted the discussion on access to medicines. Prior to the TRIPS Agreement, states had considerable independence in the formation and implementation of state policy in the field of intellectual property. TRIPS obliges countries to provide pharmaceutical patents. The growing influence of the international patent system has aroused widespread interest and concern about the impact on access to medicines. The Doha Declaration on the TRIPS Agreement defines the importance of the implementation and interpretation of the Agreement in the most favorable way for the protection of public health by making available to the public existing medicines and creating conditions for the production of new ones. Ukraine is on the way to creating its own legislation in the field of intellectual property. Art. 219 of the Association Agreement between Ukraine and the European Union contains provisions according to which the parties recognize the importance of the Declaration on the TRIPS Agreement in the field of health care. Positive changes in the field of intellectual property include the provisions of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on the Reform of Patent Legislation» № 816-IX as of 21.07.2020. This law limited the range of objects to be patented. The implementation of these legislative changes is impossible without a proper methodology for the examination of novelty. Reforming the national system of intellectual property protection has created good preconditions for the formation of a civilized pharmaceutical market in Ukraine. Among the areas of legislation in Ukraine, there is an urgent need to form an institution of compulsory licensing. A separate area is the introduction of the pre-grant and post-grant procedures of the opposition. An important area of legislative work is the formation of a favorable domestic policy for innovation and invention in the field of medicine and biotechnology.
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Oluwasemilore, Ifeoma Ann. "Nigerian intellectual property protection for small and medium-sized enterprise (SME) fashion designers in the digital economy." South African Intellectual Property Law Journal 10, no. 1 (2022): 38–65. http://dx.doi.org/10.47348/saipl/v10/a3.
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Nigerian fashion entrepreneurs are finding the market increasingly appealing due to the growing viability of small and medium-size enterprises (SMEs) in the fashion industry, particularly online retail fashion stores, and the easy accessibility of the Internet and digital media. However, with intellectual capital being the hallmark of the fashion industry, the nearly constant violation of intellectual property (IP) rights is a threat to the fashion sector’s continued existence and profitability in Nigeria. Fashion businesses are thwarted by an antiquated IP regime and the conflicting decisions of the courts on infringement cases which continue to frustrate the marketing of fashion brands on social media. This study used a descriptive and analytical approach, relying on both primary and secondary data, to analyse and assess the laws available for the protection of fashion designers’ intellectual works. The study also considers the various developments in fashion IP protection in more advanced countries, such as the United States and in the European Union, and makes practical recommendations to support the growth of IP law, fashion legislation and the Nigerian fashion industry in the digital economy.
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Pasechnyk, Olena. "INTERNATIONAL ASPECTS OF INTELLECTUAL PROPERTY RIGHTS PROTECTION." Baltic Journal of Economic Studies 8, no. 5 (December 30, 2022): 146–57. http://dx.doi.org/10.30525/2256-0742/2022-8-5-146-157.
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The article is devoted to the study of the main aspects of international protection of intellectual rights. The authors consider a number of international conventions and treaties, as well as the main provisions of cooperation between WIPO and the WTO under the Agreement on Trade-Related Aspects of Intellectual Property Rights. International treaties form a network that serves all member states, depriving them of the opportunity to act arbitrarily, at their discretion. They establish common norms and standards of IP protection, deviation from which is punishable by sanctions. By signing such treaties, states agree to partially abandon their own IP laws and follow the path of convergence with the laws of other countries. Such agreements exist for almost all categories of IP. The international system of public administration procedures in the field of intellectual property today is based on two conventions concluded in the late XIX century: Paris Convention for the Protection of Industrial Property of 20 March 1883 (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 (Berne Convention). These two Conventions played a fundamental role in the subsequent development of legal institutions. In the modern world, a certain system of international legal regulation of related rights has already developed, which directly affects the European related law, since, in particular, the norms of international law form the basis of the legal system of the European Union, and form international, including European, standards of intellectual property rights, including copyright and related rights. The main institutions dealing with IP protection on a global scale are the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). All member states of the European Union, as well as the European Community are members of the WTO organization, which has gained great importance in the field of intellectual property in connection with the adoption of the TRIPS Agreement. The reason that prompted states to choose a forum other than WIPO to negotiate this agreement was the growing dissatisfaction with the existing contrast between the precision, elegance, even sophistication of the treaty documents that were negotiated at WIPO and the inadequacy of the means to ensure the practical implementation and uniform interpretation of these treaties in different countries. The TRIPS Agreement addresses five important issues: the principles of the trade system and international agreements on intellectual property, the minimum level of protection of intellectual property rights, measures to enforce these rules, the procedure for resolving disputes in the field of intellectual property, as well as transitional measures during the implementation of the systems. Ukraine is a party to more than 50 multilateral and bilateral international treaties on intellectual property. Therefore, it is advisable to determine the role of international standards in the system of intellectual property rights protection as integral components of the national legal system in Ukraine. This has become especially important since 24.02.2022 due to the outbreak of a full-scale war on the territory of Ukraine. The occupation of the territory of Ukraine by Russian invaders and the theft of industrial infrastructure, cultural heritage, art objects, which are also objects of intellectual property. Absolutization of copyright and related rights protection does not automatically mean bringing such protection to international standards. Recently, in Europe and the United States there has been an understanding of the need to find a consensus between the interests of copyright and related rights holders and the interests of society for access to cultural heritage. It is necessary to amend the legislation of Ukraine in order to harmonize the interests of copyright and related rights holders and the interests of society for access to cultural heritage, in the context of introducing only the minimum requirements of international legal acts for the protection of copyright and related rights and simplifying access to copyright and related rights.
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Kosovych, V. "Evaluation concepts in the draft Law of Ukraine on Copyright and Related Rights: the- oretical and practical analysis." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 52–57. http://dx.doi.org/10.24144/2307-3322.2021.68.9.
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The article is devoted to the analysis of the draft Law of Ukraine on Copyright and Related Rights registration number 5552-4 dated 09.06.2021 (hereinafter the Draft) for the use of evaluation concepts as a language tool of rule-drafting technique. The definition of evaluation concept is given. It is stated that the use of evaluation concepts is not only a property of domestic law, but also legislation of other countries. Attention is drawn to the fact that their introduction into the texts of legislative acts is objectively inevitable, provides individualization of legal regulation and the fullest protection of the rights and interests of the subject of law, but creates conditions for possible subjective law enforcement discretion. Therefore, the quality of the Draft is determined by the proper use of evaluation concepts.
The list of evaluation concepts used in the text of the Draft is defined. The latter are compared with the corresponding concepts used in the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand (Chapter 9 «Intellectual Property») and Section 1 «Copyright and Related Rights» of Part 2 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. The conclusion is made that there is a certain correspondence and obvious regularity of the use of evaluation concepts both in the Draft and the mentioned legal acts. Many of these concepts are completely or partially duplicated, such as the «fair reward» and «normal use».
In order to promote the proper use of evaluation concepts in the text of the Draft by its designers a list of prerequisites for their introduction into the developed regulations is proposed.
It is noted that the presence of evaluation concepts in the text of normative legal acts necessitates the observance of certain rules of interpretation and application of evaluation norms. A systematic list of such rules, which in the long run will contribute to the effective use of future law to ensure the rights of intellectual property holders, is proposed.
Dissertations / Theses on the topic "Intellectual property – Law and legislation – European Union countries"
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Breindl, Yana. "Hacking the law: an analysis of internet-based campaigning on digital rights in the European Union." Doctoral thesis, Universite Libre de Bruxelles, 2011. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209836.
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Digital rights activism constitutes an exemplary case of how internet affordances can be mobilised to engender political change. The values and principles stemming from the hacker imaginaire, and free and open source software practices, underpin digital rights activism, which uses the internet as a tool, object and platform for the protection of rights in the digital realm. The analysis focuses on how digital rights activists use and adapt the political affordances of the internet to intervene in European Union policy-making. Two original case studies of internet-based campaigning at the European level (the “No Software Patents” and the “Telecoms package” campaigns) provide in-depth insight into the campaigning processes and their impact upon parliamentary politics. The cases highlight the complementarity of online and offline collective action, by examining processes of open collaboration, information disclosure and internet-assisted lobbying. The success of the “Telecoms package” campaign is then assessed, along with the perspective of the targets: members and staff of the European Parliament.The belief in values of freedom, decentralisation, openness, creativity and progress inspires a particular type of activism, which promotes autonomy, participation and efficiency. The empirical evidence suggests that this set of principles can, at times, conflict with practices observed in the field. This has to do with the particular opportunity structure of the European Union and the characteristics of the movement. The EU favours functional integration of civil society actors who are expected to contribute technical and/or legal expertise. This configuration challenges internet-based protest networks that rely on highly independent and fluctuating engagement, and suffer from a lack of diversity and cohesion. The internet does not solve all obstacles to collective action. It provides, however, a networked infrastructure and tools for organising, coordinating and campaigning. Online and offline actions are not only supportive of each other. Internet-based campaigning can be successful once it reaches out beyond the internet, and penetrates the corridors of political institutions.
Doctorat en Information et communication
info:eu-repo/semantics/nonPublished
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Volz, Eckehard. "The trade, development and cooperation agreement between the Republic of South Africa and the European Union : an analysis with special regard to the negotiating process, the contents of the agreement, the applicability of WTO law and the Port and Sherry Agreement." Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52582.
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Thesis (LLM)--University of Stellenbosch, 1999.ENGLISH ABSTRACT: This thesis deals with the Trade, Development and Cooperation Agreement (TDCA) between the European Union and the Republic of South Africa, which was concluded in October 1999. In particular, the agreement is analysed in the light of the negotiating process between the parties, the contents of the agreement, the applicability of WTO law and the compatibility of the agreement with it and the Port and Sherry Agreement. Since the EU emphasised its aim to commence economic and development cooperation with other African, Caribbean and Pacific (ACP) countries on a reciprocal basis during the negotiations for a successor of the Lomé Convention, the TDCA between the EU and South Africa had to be seen as a "pilot project" for future cooperation agreements between countries at different levels of development. The TDCA between the EU and South Africa is therefore not only very important for the two concerned parties, but could serve as an example for further negotiations between the EU and other ACP countries. Thus the purpose of this thesis is to examine the TDCA between the EU and South Africa from a wider global perspective. The thesis is divided into six Chapters: The first Chapter provides an introduction to the circumstances under which the negotiations between the EU and South Africa commenced. It deals briefly with the economic situation in South Africa during the apartheid era and presents reasons why the parties wanted to enter into bilateral negotiations. The introductory part furthermore presents an overview of the contents of the thesis. The second chapter contains a detailed description of the negotiating process that took place between the parties and shows why it took 43 months and 21 rounds of negotiations to reach a deal. South Africa's partial accession to the Lomé Convention and the conclusion of separate agreements such as the Wine and Spirits Agreement, are also analysed. Chapter three presents the various components of the TOCA and illustrates what the negotiators achieved. This chapter on the TOCA concludes with an evaluation of the Agreement and shows the potential benefits to South Africa and the EU. Since the Agreement had to satisfy international rules, the provisions of the General Agreement on Tariffs and TradelWorld Trade Organisation (GATTIWTO) were of major importance. The EC Treaty, however, does not contain any provision that indicates whether, or how, an international agreement like the GATTIWTO penetrates the Community legal order. In Chapter four, accordingly, questions are raised regarding the extent to which the bilateral agreement between South Africa and the EU was influenced by the GATTIWTO provisions and how these rules were incorporated into the agreement. Furthermore, since the parties agreed on the establishment of a free trade area, this chapter deals with the question of in how far the TOCA is in line with Article XXIV GATT. In addition to the GATT provisions, the TOCA is also affected by the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs). Therefore Chapter five deals with TRIPs in connection with the TOCA. The use of the terms "Port" and "Sherry" as the major stumbling block to the conclusion of the TOCA is analysed more closely. The final part, namely Chapter six, provides a summary of the results of the investigation. Furthermore, a conclusion is provided with regard to the question of whether the TOeA can be seen as an example for further trade relations between the EU and other ACP countries.
AFRIKAANSE OPSOMMING: Hierdie tesis is gerig op die Handels-, Ontwikkelings- en Samewerkingsooreenkoms (TDGA) tussen die Europese Unie (EU) en die Republiek van Suid Afrika wat in Oktober 1999 gesluit is. Die ooreenkoms word veral in die lig van die onderhandelingsproses tussen die partye, die inhoud van die ooreenkoms, die toepaslikheid van Wêreldhandelsorganisasiereg en die versoenbaarheid daarvan met die ooreenkoms en die Port en Sjerrie-ooreenkoms ontleed. Aangesien die EU sy oogmerk van wederkerige ekonomiese en ontwikkelings-gerigte samewerking met ander lande in Afrika en die Karibiese en Stille Oseaan-Eilande gedurende die onderhandelings vir 'n opvolger van die Lomé Konvensie beklemtoon het, moes die ooreenkoms tussen die EU en Suid-Afrika as 'n "loodsprojek" vir toekomstige samewerkingsooreenkomste tussen lande wat op verskillende vlakke van onwikkeling is, gesien word. Die Handels-, Ontwikkelings- en Samewerkingsooreenkoms tussen die EU en Suid-Afrika is dus nie net baie belangrik vir die betrokke partye nie, maar dit kan ook as 'n voorbeeld vir verdere onderhandelings tussen die EU en lande van Afrika en die Karibiese- en Stille Oseaan-Eilande dien. Die doel van dié tesis is om die Handels-, Ontwikkelings- en Samewekingsooreenkoms tussen die EU en Suid-Afrika vanuit 'n meer globale perspektief te beskou. Die tesis is in ses Hoofstukke ingedeel: Die eerste hoofstuk bied 'n inleiding tot die omstandighede waaronder die onderhandelings tussen die EU en Suid-Afrika begin het. Dit behandel die Suid- Afrikaanse ekonomiese situasie onder apartheid kortliks en toon hoekom die partye tweesydige onderhandelings wou aanknoop. Verder bied die inleidende deel 'n oorsig oor die inhoud van die tesis. Die tweede hoofstuk bevat 'n gedetailleerde beskrywing van die onderhandelingsproses wat tussen die partye plaasgevind het en toon aan waarom dit drie-en-veertig maande geduur het en een-en-twintig onderhandelingsrondtes gekos het om die saak te beklink. Suid-Afrika se gedeeltelike toetrede tot die Lomé Konvensie en die sluit van aparte ooreenkomste soos die Port- en Sjerrieooreenkoms word ook ontleed. Die daaropvolgende hoofstuk bespreek die verskillende komponente van die Handels-, Ontwikkelings- en Samewerkingsooreenkoms en toon wat die onderhandelaars bereik het. Hierdie hoofstuk oor die Ooreenkoms sluit af met 'n evaluering daarvan en dui die potensiële voordele van die Ooreenkoms vir Suid- Afrika en die EU aan. Aangesien die Ooreenkoms internasionale reëls moes tevrede stel, was die voorskrifte van die Algemene Ooreenkoms oor Tariewe en Handel (GATT) van uiterste belang. Die EG-verdrag bevat egter geen voorskrif wat aandui óf, of hoé, 'n internasionale ooreenkoms soos GATTNVTO die regsorde van die Europese Gemeenskap binnedring nie. Die vraag oor in hoeverre die tweesydige ooreenkoms tussen Suid-Afrika en die EU deur die GATTIWTO voorskrifte beïnvloed is, en oor hoe hierdie reëls in die ooreenkoms opgeneem is, word dus in Hoofstuk vier aangeraak. Aangesien die partye ooreengekom het om 'n vrye handeisarea tot stand te bring, behandel hierdie hoofstuk ook die vraag oor in hoeverre die TOGA met Artikel XXIV GATT strook. Tesame met die GATT-voorskrifte word die TOGA ook deur die Ooreenkoms ten opsigte van Handelsverwante Aspekte van Intellektuele Eiendomsreg (TRIPs) geraak. Hoofstuk vyf behandel daarom hierdie aspek ten opsigte van die TOGA. Die gebruik van die terme "Port" en "Sjerrie" as die vernaamste struikelblok tot die sluiting van die TOG-ooreenkoms word ook deegliker ontleed. Die laaste gedeelte, naamlik Hoofstuk ses, bied 'n opsomming van die resultate van die ondersoek. Verder word 'n gevolgtrekking voorsien ten opsigte van vraag of die TOGA as 'n voorbeeld vir verdere handelsverwantskappe tussen die EU en ander lande in Afrika en die Karibiese en Stille Oseaan-eilande beskou kan word.
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Van, den Haute Erik. "Harmonisation européenne du crédit hypothécaire: perspectives de droit comparé, de droit international privé et de droit européen." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210458.
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La réalisation du marché intérieur européen par une meilleure intégration des marchés financiers est aujourd’hui devenue une réalité. L'objectif est toutefois loin d'être atteint en matière de crédit hypothécaire, nonobstant de nombreuses initiatives européennes. Compte tenu de ces difficultés et du postulat selon lequel il serait impossible d'harmoniser le droit des suretés immobilières en raison de leur ancrage culturel et national, une proposition alternative consistant dans la création d'une sûreté immobilière commune (euro-hypothèque), venant se superposer aux systèmes nationaux, a été formulée depuis un certain nombre d'années. La recherche analyse dans un premier temps la réalité du postulat précité à la lumière du droit comparé et conclut qu'en réalité, les différents systèmes trouvent non seulement leur origine dans un modèle identique, fondé sur le caractère accessoire de la sûreté, mais ont en outre connu une évolution similaire au cours de ces dernières années. Il apparaît que ce modèle constitue la meilleure base pour toute harmonisation européenne. Après avoir examiné l'interaction avec le droit international privé, sous l'angle de la protection du consommateur, et le droit européen, sous l'angle de la question de la compétence communautaire et du principe de subsidiarité, des pistes sont proposés pour opérer un rapprochement des législations nationales relatives au crédit hypothécaire. La proposition consiste à intégrer dans un seul instrument juridique contraignant (une directive européenne) les différentes propositions permettant d'opérer un rapprochement des législations nationales à trois niveaux :celui de la sûreté immobilière et de la publicité foncier, celui du contrat de prêt et enfin, celui relatif à la procédure de réalisation de l'immeuble.Doctorat en droit
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FAIRCLIFFE, Sarah. "Legal protection of biotechnological inventions in the European Union." Doctoral thesis, 1995. http://hdl.handle.net/1814/5561.
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LOWRY, Marie-Louise. "Of mice and genes : ethics and European patent law on biotechnological inventions." Doctoral thesis, 1996. http://hdl.handle.net/1814/5453.
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PASSINHAS, Sandra. "Dimensions of Property under European Law. Fundamental Rights, Consumer Protection and Intellectual Property: Bridging Concepts?" Doctoral thesis, 2010. http://hdl.handle.net/1814/13759.
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Defense Date: 16 April 2010Examining Board: Prof. Christian Joerges (supervisor), University of Bremen Prof. Miguel Poiares Maduro, EUI Prof. Peter Sparkes, University of Southampton Prof. Jules Stuyck, Catholic University, Leuven
The aim of this thesis is, first, to reconsider property as a legal concept and as a social institution, by taking into consideration several insights provided by social sciences. Secondly, several regulatory measures are proposed in order to enhance an adequate protection of property. The author stars by analysing the protection of property as a fundamental right under EU law. She claims that the ECJ’s challenge is to strike the right balance between property rights and market build-up. Such a balance is to be found in the communicative network of discourses of the case-law of the ECtHR, and common traditions of Member States. Accordingly, the author suggests that the ECJ should be open to inputs from the ECtHR, namely through the ‘excessive burden’ criterion. The second regulatory analysis takes into consideration that property is intrinsically linked to consumption, and that owner is often necessarily a consumer. The function of EC consumer [protection] law, the function of European consumer policy, and the definition of the European consumer are the three interrelated questions that have guided the inquiry in Chapter III. Consumer policies, it is claimed, should be asymmetrical: they shall create benefits for those who are boundedly rational while imposing little or no harm on those who are to be considered fully rational. This distinction will provide the basis for a new standard in the assessment of the costs and benefits of regulatory options. Finally, the author inquires about situations where a conflict of properties might exist between a corporeal thing and an intellectual property right. It is claimed that lawmaking bodies must autonomously consider the interest(s) of the owner of the corporeal thing in the overall assessment of granting an intellectual property right. Before formulation of property rights, an appropriate weighing and balancing of all relevant interests is thus in need, in order to avoid normative inconsistencies.
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MAZZIOTTI, Giuseppe. "EU Digital Copyright Law and the End-User." Doctoral thesis, 2007. http://hdl.handle.net/1814/6940.
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Defence date: 18 June 2007Examining Board: Prof. Hanns Ullrich, EUI (supervisor) ; Prof. Thomas Hoeren, University of Münster ; Prof. Bernt Hugenholtz, University of Amsterdam ; Prof. Giovanni Sartor, EUI.
Made available online on 5 November 2013.
The aim of this dissertation is to analyse whether and how EU harmonisation of national copyright law in the digital environment accommodates copyright exceptions by permitting end-users to engage in both transformative and non-transformative use of copyrighted content. The dissertation uses an open notion of “end-user”. Due to the new expressive opportunities and enhanced usage expectations created by the digital environment, the single user is alternatively viewed as a potential consumer of copyrighted digital works, as a user of these works on the Internet, and as a possible follow-on creator, who wishes to build upon pre-existing materials in order to make new copyrightable creations. The thesis argues that the interface resulting from EU digital copyright law, electronic licences and technological protection, as currently envisaged by Directive 2001/29, leads to an implicit transfer - from public to private hands - of copyright regulation as formerly provided by statutory law. The encouragement of this kind of private legislation may considerably diminish the freedom of end-users to interact with copyrighted work released in digital formats, despite the enhanced possibilities that these formats present for creative expression. The dissertation is divided in four parts. Part One explains how the increasing implementation of digital right management (DRM) technologies, despite having the potential to make the access and use of digital works subject to the contractual terms which accompany the protected good, does not weaken the social desirability of exceptions which pursue public policy objectives. Part Two examines the legal framework created by the Directive 2001/29: this analysis seeks to demonstrate that the harmonisation process undertaken in the EU, while, as a matter of industrial policy, affording stronger and immediate protection to copyright holders, does, in fact, ignore the constitutional objectives laid down in the EC Treaty with regard to culture, consumer protection and Internal Market integration. Part Three examines the new condition of the end-user through two case studies which shed light on still-unsettled issues. The first case specifically relates to the Internet as a digitally networked environment where end-users are increasingly able to engage in “peer-topeer” transfer of creative works. The second scenario deals with digital settings where the use of DRM technologies may preclude the effective enforcement of statutory copyright exceptions. Finally, Part Four analyses possible reforms of the EU copyright system, in order to encourage specific solutions to the erosion of end-user opportunities for the legitimate use of copyright material, as a result of digital copyright enforcement efforts. The dissertation concludes that current EU copyright law is unfit to accommodate the legitimate interests of end-users in digital settings. Copyright exceptions should be made mandatory, and, possibly, should be given the status of subjective rights.
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HAWATMEH, Barbara A. "Pass back the parmesan! : the United States/European Union clash over geographical indication protection." Doctoral thesis, 2005. http://hdl.handle.net/1814/5541.
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LUNDQVIST, Björn. "Joint research and development and patent pools under the antitrust laws of the USA and the competition rules of the European Union." Doctoral thesis, 2010. http://hdl.handle.net/1814/14524.
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Defence Date: 10 May 2010Examining Board: Professor Hanns Ullrich, EUI (Supervisor); Professor Steven Anderman, University of Essex; Professor Gustavo Ghidini, Luiss Guido Carli University; Professor Hans-W. Micklitz, EUI
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Great prosperity is derived from innovation, which in turn prospers in an environment with a large public domain of free knowledge, property rights and unfettered competition. Generally, this was the basic theory for prosperity under the antitrust laws with reference to joint R&D, technology transfer and technology standardization in the US and Europe for many years. This perspective was slowly abandoned in the 1980s and 1990s, replaced by a belief that the greatest wealth was derived from innovators having large resources to perform R&D, the ability to cooperate with competitors and the possibility of jointly protect and exploit newly discovered knowledge through intellectual property rights, technology standardization agreements and joint licensing schemes. The antitrust policies on both sides of the Atlantic have closely and swiftly been adapted to mirror this change of theory. The thesis illustrates this transformation by analyzing the modifications and amendments made to legal acts and guidelines, and the slow shift in the scant case-law detected both under the antitrust laws of the USA and the Competition Rules of the EU. The thesis shows that the prevailing antitrust policies towards R&D collaborations, technology standardization agreements and patent pools are very similar in the US and EU and they both mirror a lenient or even supportive attitude towards collaboration between competitors in reference to creating innovation.
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Conroy, Marlize. "A comparative study of technological protection measures in copyright law." Thesis, 2006. http://hdl.handle.net/10500/2217.
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Digitisation had a profound impact on the creation, reproduction, and dissemination of works protected by copyright. Works in digital format are vulnerable to infringement, and technological protection measures are accordingly applied as protection. Technological protection measures can, however, easily be circumvented, and additional legal protection against circumvention was needed.
Article 11 of the WIPO Copyright Treaty (the WCT) obliges Member States to provide adequate legal protection against the circumvention of technological measures applied to works protected by copyright. Contracting parties must refine the provisions of Article 11 and provide for exceptions on the prohibition. Article 11 does not specify whether it pertains to only certain types of technological measures, nor does it prohibit the trafficking in circumvention devices.
The United States implemented the provisions of Article 11 of the WCT through the Digital Millennium Copyright Act of 1998 (the DMCA). Section 1201 of the DMCA prohibits the circumvention of technological measures. It is detailed and relates to two categories of technological measures - access control and copy control. It prohibits not only the act of circumvention, but also the trafficking in circumvention devices.
Article 6 of the EC Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society of 2001 implements Article 11 of the WCT. Article 6 seeks to protect Aeffective technological measures@. It prohibits both the act of circumvention and circumvention devices.
Although Article 11 of the WCT is silent on the issue of access control, it seems as if the international trend is to provide legal protection to access controls, thus indirectly creating a right to control access.
South Africa has not yet implemented Article 11 of the WCT. The South African Copyright Act of 1979 does not protect technological protection measures. The Electronic Communications and Transactions Act of 2002 (the ECT Act) provides protection against the circumvention of technological protection measures applied to digital data. The definition of Adata@ is such that it could include protected works. If applied to protected works, the anti-circumvention provisions of the ECT Act would be detrimental to user privileges.
As developing country, it seems to be in South Africa's best interest to the implement the provisions of Article 11 in such a manner that it still allows users access to and legitimate use of works protected by copyright.Jurisprudence
LL.D.
Books on the topic "Intellectual property – Law and legislation – European Union countries"
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Intellectual property, antitrust and cumulative innovation in the EU and the US. Oxford: Hart Pub., 2012.
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Broderick, Terry R. Regulation of information technology in the European Union. London: Kluwer Law International, 2000.
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Zimmer, Franz-Josef. Protecting and enforcing life science inventions in Europe under EPC and EU law: From antibodies to zebrafish. 2nd ed. München, Germany: C.H. Beck, 2015.
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EU intellectual property law and policy. Cheltenham, UK: Edward Elgar, 2009.
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Keeling, David T. Intellectual property rights in EU law. Oxford: Oxford University Press, 2003.
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Geiger, Christophe. Constructing European intellectual property: Achievements and new perspectives. Cheltenham, UK: Edward Elgar, 2013.
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Parallel importation under European Union law. 2nd ed. London: Sweet & Maxwell, 2010.
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Hays, Thomas. Parallel importation under European Union law. London: Sweet & Maxwell, 2004.
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Ghidini, Gustavo. Intellectual property and competition law: The innovation nexus. Northampton, MA: Edward Elgar, 2006.
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Thumm, Nikolaus. Intellectual property rights: National systems and harmonisation in Europe. Heidelberg: Physica-Verlag, 2000.
Find full textBook chapters on the topic "Intellectual property – Law and legislation – European Union countries"
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Karan, Ulaş. "The Impact of the Court of Justice of the European Union on the Turkish Legal System." In The Impact of the European Court of Justice on Neighbouring Countries, 115–40. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855934.003.0006.
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This chapter explores whether the case law of the Court of Justice of the European Union (CJEU) produces any impact on the Turkish legal system and, if so, its possible underlying causes. Protection of intellectual, industrial, and commercial property rights, competition, trade defence instruments, government procurement, direct and indirect taxation have been regarded as the main areas of ‘approximation of legislation’. Accordingly, laws adopted mostly in the past three decades show that the influence of EU law is valid only in certain fields of law, such as intellectual property law, labour law, and competition law, and this is also where we find most CJEU citations. This influence forms part of the EU accession process, which requires Turkey to harmonize its laws with the acquis. According to the research, despite the existence of a long-standing accession process and legislation based on the acquis in certain fields of law, on the whole, the Turkish judiciary does not seem committed to follow EU law in general or CJEU jurisprudence in particular.
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Bently, L., B. Sherman, D. Gangjee, and P. Johnson. "35. Trade mark registration." In Intellectual Property Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198769958.003.0035.
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This chapter focuses on the process of registration for trade marks in the UK, the European Union, and other countries. It begins by explaining the differences in procedures and documentation needed in filing trade mark applications at the national, regional, and international levels. The role of the European Union Intellectual Property Office (EUIPO) in processing applications in the EU is considered, along with the international filing systems established under the 1891 Madrid Agreement and the 1989 Madrid Protocol. The chapter concludes by presenting possible avenues through which to acquire trade mark protection. It briefly considers the possible impacts of Brexit.
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Aplin, Tanya, and Jennifer Davis. "6. Trade Marks I." In Intellectual Property Law:. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198743545.003.0006.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the main justifications for the protection of registered trade marks. It considers the substantive law relating to the subject matter of registration as set out in the Trade Marks Directive (2016) and its predecessor. It looks at which signs will be registered as well as the absolute grounds for refusal of registration and at the Court of Justice of the European Union and domestic case law interpreting these grounds. The practicalities of the trade mark registration process both domestically and internationally are also considered. The chapter then looks at the relationship between registered marks and the public domain.
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Aplin, Tanya, and Jennifer Davis. "6. Trade Marks I: Justifications, Registration, and Absolute Grounds for Refusal of Registration." In Intellectual Property Law, 357–412. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198842873.003.0006.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the main justifications for the protection of registered trade marks. It considers the substantive law relating to the subject matter of registration as set out in the Trade Marks Directive (2016), its predecessor and domestic law. It looks at which signs will be registered as well as the absolute grounds for refusal of registration and at the Court of Justice of the European Union and domestic case law interpreting these grounds. The practicalities of the trade mark registration process both domestically and internationally are also considered. The chapter then looks at the relationship between registered marks and the public domain.
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Frosio, Giancarlo. "Intellectual Property Law and Extra-Contractual Liability." In Handbook of Intellectual Property Research, 82–95. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198826743.003.0006.
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This chapter discusses intellectual property (IP) and extra-contractual liability by highlighting general comparative analysis issues within civil and common law systems, with some consideration given also to major theoretical clusters that might influence the different legal regimes. The chapter focuses on emerging issues of extra-contractual liability for intellectual property infringement in the platform economy, with special emphasis on copyright and trademark infringement, seeking to co-ordinate miscellaneous approaches from the United States (US), the European Union (EU), and selected European countries’ experiences. In doing so, this chapter highlights research and methodological issues related to limited harmonization at a regional level in secondary and extra-contractual liability doctrines when applied to IP. Finally, this chapter describes the World Intermediary Liability Maps (WILMap) as an attempt to provide consistency within a fragmented research framework while also presenting other miscellaneous endeavours seeking the same goal.
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Kur, Annette, and Martin Senftleben. "Limitations, Defences, and Genuine Use." In European Trade Mark Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199680443.003.0008.
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As with other intellectual property rights, the exclusive rights of the trade mark proprietor are limited in several respects. At the international level, Article 17 TRIPS offers room for the adoption of ‘limited exceptions’ in domestic legislation (see paragraphs 2.68–2.72). On this basis, Article 14 of the Trade Mark Directive (TMD) and Article 12 of the European Trade Mark Regulation (EUTMR) provide a tool for reconciling the interests of the trade mark owner with competing interests of other traders and the public at large. As explained by the Court of Justice of the European Union (CJEU), these provisions, by limiting the effects of the exclusive rights of the trade mark owner, seek ‘to reconcile the fundamental interests of trade mark protection with those of free movement of goods and freedom to provide services in the common market in such a way that trade mark rights are able to fulfil their essential role in the system of undistorted competition which the Treaty seeks to establish and maintain’.
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"While the Treaty does not affect the existence of intellectual property rights, there are nonetheless circumstances in which the exercise of such rights may be restricted by the prohibitions laid down in the treaty. 2. Article 36 permits exceptions to the free movement of goods only to the extent to which such exceptions are necessary for the purpose of safeguarding the rights that constitute the specific subject-matter of the type of intellectual property in question. Perhaps the main advantage of this formula, apart from the fact that it narrows the scope of the exceptions permitted by Article 36, is that it allows subtle distinctions to be made depending on the type of intellectual property in issue. 3. The exclusive right conferred on the owner of intellectual property is exhausted in relation to the products in question when he puts them into circulation anywhere within the Common Market. Spelt out more fully, ‘the proprietor of an industrial or commercial property right protected by the legislation of a Member State may not rely on that legislation in order to oppose the importation of a product which has lawfully been marketed in another Member State by, or with the consent of, the proprietor of the right himself or person legally or economically dependent on him’. The expression ‘industrial and commercial property’ clearly embraces patents and trademarks. It also extends to such specialised areas as plant breeders’ rights. The court has held that copyright can also be a form of industrial or commercial property because it ‘includes the protection conferred by copyright, especially when exploited commercially in the form of licences capable of affecting distribution in the various Member States of goods incorporating the protected literary or artistic work’. The principle that the Treaty does not affect the existence of industrial and commercial property rights is derived from Article 222 of the treaty. This provides that ‘the treaty shall in no way prejudice the rules in Member States governing the system of property ownership’. Consequently intellectual property rights are unaffected by the provisions of the treaty unless they hinder free movement or offend the rules of competition. In Keurkoop v Nancy Kean (see below) the design of a handbag which was manufactured in Taiwan was registered in the Benelux countries but without the authority of the actual author. In Case 78/70, Deutsche Grammophon v Metro-SB Grossmärkte [1971] ECR 487, [1971] CMLR 631, the European Court stated:." In Sourcebook on Intellectual Property Law, 110–14. Routledge-Cavendish, 1997. http://dx.doi.org/10.4324/9781843142928-23.
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Bazyler, Michael J., Kathryn Lee Boyd, Kristen L. Nelson, and Rajika L. Shah. "Lithuania." In Searching for Justice After the Holocaust, 225–40. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190923068.003.0025.
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During World War II, the independent Republic of Lithuania was attacked and formally annexed by the Soviet Union in 1940. It was subsequently invaded by Germany in 1941 until Soviet troops re-entered the country in 1944. Between 1939 and 1943, approximately 90–95 percent of Lithuania’s vibrant prewar Jewish community of 160,000 was murdered. Lithuania is one of the few European countries to enact restitution legislation since the Terezin Declaration was drafted in 2009. Despite passage of its communal property law in 2011, restitution of private and heirless property in the country is still an unsettled issue. Unlike its Baltic neighbors, Estonia and Latvia, Lithuania limits private property restitution to citizens of Lithuania. Lithuania, like its Baltic neighbors and almost all Eastern European states, has no effective heirless property legislation. Lithuania endorsed the Terezin Declaration in 2009 and the Guidelines and Best Practices in 2010.
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Marinkás, György. "Human Rights Aspects of the Acquisition of Agricultural Lands With Special Regard to the ECtHR Practice Concerning the So-Called “Visegrád Countries”, Romania, Slovenia, Croatia, and Serbia." In Acquisition of Agricultural Lands : Cross-Border Issues from a Central European Perspective, 25–53. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.jesz.aoalcbicec_2.
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The aim of the current study is to examine how the national legal rules and judicial practice regarding the acquisition and holding of agricultural land are, in the case law of the European Court of Human Rights, linked to the right to property and the right to fair trial, as granted by Article 1 of the First Protocol to the European Convention on Human Rights and Article 6 (1) of the Convention. The study is focused on the land-related issues of the so-called “Visegrád Countries”—Czech Republic, Hungary, Poland and Slovakia—and some other selected neighboring countries, namely Romania, Slovenia, Croatia, and Serbia, all of which are member states of the Council of Europe. The author identified two main categories of legal issues, which are relevant in the selected countries or constitute a distinctive feature of these countries. The category of compensation-related cases can be divided into three main subcategories: cases where the compensation system established by the state after the change of regime displayed systematic shortcomings; cases where the earlier proprietors’ or their heirs’ interests clashed with those of third parties who acquired the property in good faith; and the so-called Slovakian “Gardener cases,” as the author named them, which display similarities with the second subcategory. The other main category is the issue of agricultural land acquisition by foreign natural or legal persons. However, the ECtHR’s case law is not that elaborated in this question as the case law of the Court of Justice of the European Union, since, contrary to EU law—which as a rule obliges member states to provide the free disposal of agriculture land—Article 1 of Protocol No. 1 does not create a right to acquire property. However, a national legislation that, alone among the CoE member states, implemented land reform programs with some blanket restrictions on the sale of agricultural land is incompatible with the provisions of Article 1 of Protocol No. 1.
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Lloyd, Ian J. "14. Key elements of the patent system." In Information Technology Law, 230–45. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198830559.003.0014.
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This chapter considers the nature and manner of operation of the patent system. Patents date back to around the 14th century. For the United Kingdom they began as a means to encourage the importation of foreign skills and technology, fell into disrepute as they were used by monarchs to confer monopolies in respect of the sale of well-known objects such as playing cards and eventually from the late seventeenth century settled into their present role of granting temporary monopolies to those who make inventions. The chapter examines the criteria that will be applied in determining whether an invention is eligible for patent protection and the procedures that will required to be followed in order to obtain this. Unlike copyright which applies effectively on a global basis, the patent system has operated on a national basis. A UK patent will be valid and enforceable in the UK but nowhere else. There are international agreements, however, designed to simplify the task of obtaining protection in a range of countries and the operation of these will be considered as well as the treatment of intellectual property within the General Agreement on Trade in Services and the World Trade Organisation. Within the European Union, the possible introduction of a unitary patent has been the subject of discussion for many years and appears likely to come to fruition in the near future although the involvement of the UK post Brexit is uncertain.