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1
Tierney, Robert. "“We will never forget 1964!” Shopfloor Organisation and the Class Politics of Trade Union Officials at General Motors-Holden." Australian Journal of Politics & History 63, no. 4 (December 2017): 540–55. http://dx.doi.org/10.1111/ajph.12368.
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2
Dickens, Linda. "Collective bargaining and the promotion of gender equality at work: opportunities and challenges for trade unions." Transfer: European Review of Labour and Research 6, no. 2 (May 2000): 193–208. http://dx.doi.org/10.1177/102425890000600205.
Повний текст джерелаАнотація:
Four areas are discussed to make the case for the importance of harnessing collective bargaining for the promotion of equality. These concern contemporary European developments; advantages of collective bargaining compared with other strategies for promoting equality in employment; the benefits which can accrue to unions from making a positive link between equality and collective bargaining, and the negative consequences of failing to make such a link. The article then discusses some of the issues which harnessing collective bargaining for equality promotion raises for trade unions. These concern the content and priorities of bargaining and the identity of negotiators and union power holders. I argue that an approach which seeks simply to 'add women on' to bargaining agendas and as union members is an inadequate one and that more radical change in trade unions is required.
3
Barreau, Jocelyne, Christelle Havard, and Angélique Ngaha Bah. "Global union federations and international framework agreements: Knowledge exchange and creation." European Journal of Industrial Relations 26, no. 1 (March 11, 2019): 41–57. http://dx.doi.org/10.1177/0959680119834170.
Повний текст джерелаАнотація:
International Framework Agreements negotiated between Global Union Federations and multinational companies are a major innovation which bring collective bargaining to an international level. We focus on the role of the union negotiators and analyse two cases, drawing on studies of innovation processes in business organizations. We identify types of learning processes and the exchange and creation of knowledge, and examine relations inside international trade union networks. We find that two conditions are necessary to develop an innovatory role: international unions must coordinate exchanges between different communities, holders and creators of specific union knowledge, and must also facilitate the dissemination of knowledge by maintaining the regularity and quality of exchanges between network members.
4
López, Ángela Martínez. "Information is power: ruling C-239/18 and the informative obligation of official bodies vis-à-vis plant variety right holders within the framework of the agricultural exemption*." Journal of Intellectual Property Law & Practice 15, no. 2 (January 23, 2020): 88–90. http://dx.doi.org/10.1093/jiplp/jpz174.
Повний текст джерелаАнотація:
Abstract Case C-239/18, Saatgut-Treuhandverwaltungs GmbH v Freistaat Thüringen, Court of Justice of the European Union, judgment of 17 October 2019, EC?>LI?>:?>E?>U?>:?>C?>:?>2019:869 The Court of Justice of the European Union (CJEU), in case C-239/18 Saatgut-Treuhandverwaltungs GmbH v Freistaat Thüringen (henceforth, ‘Freistaat Thüringen’), shed light on the scope of the information that official bodies must facilitate further to the request of a plant variety right holder within the framework of the so-called ‘agricultural exemption’ (commonly referred to as ‘farm-saved-seed’ privilege). For holders, knowledge of the users (and concrete use by such) of the agricultural exemption is of paramount importance in guaranteeing a tangible base upon which to enforce their right to remuneration from these users.
5
Gall, Gregor. "Turning full circle? Changing industrial relations in the magazine industry in Britain." Personnel Review 36, no. 1 (January 2, 2007): 91–108. http://dx.doi.org/10.1108/00483480710716731.
Повний текст джерелаАнотація:
PurposeThe purpose of this article is to examine the processes and outcomes under which employers in the magazine industry in the UK ended the collective bargaining agreements for journalists with the National Union of Journalists (NUJ) and instituted a unilateral‐based regime in the employment relationship.Design/methodology/approachThe research data were generated primarily via interviews with lay office holders and full‐time paid officials of the NUJ.FindingsThe journalists' union maintained a presence despite employer hostility and has been able to use this as a basis to regain collective bargaining agreements. Nonetheless, the relative weakness of the NUJ has meant that it has been unable to date to force the magazine employers into conducting genuine collective bargaining. This represents a case of impeded but not dissipated “union renewal”, suggesting the union renewal could be termed as being of a “stunted” nature.Research limitations/implicationsThe findings of the research should be taken as being preliminary given that the NUJ has only recently regained union recognition and begun conducting collective bargaining again. A longer timescale will allow more definitive judgements to be made.Practical implicationsThe paper indicates the significant challenges that trade unions face to reassert themselves in the workplace in the face of employer ambivalence and hostility despite regaining formal union recognition rights.Originality/valueThis paper provides empirical evidence of how trade unions are progressing after regaining union recognition.
6
Meshkovskiy, A. P., N. V. Pyatigorskaya, Z. I. Aladysheva, V. V. Beregovykh, A. M. Pyatigorskiy, N. S. Nikolenko, M. M. Marshalova, and V. V. Belyaev. "Responsibilities of the Marketing Authorisation Holders in Respect of GMP Compliance (Review)." Drug development & registration 9, no. 4 (November 26, 2020): 164–70. http://dx.doi.org/10.33380/2305-2066-2020-9-4-164-170.
Повний текст джерелаАнотація:
Introduction. The article is focused on differences in quality assurance-related obligations and responsibilities between Marketing Authorisation Holders (MAHs) and manufacturing authorisation holder (manufacturers) in pharmaceutical industry. In case of outsourcing and technical agreements there is a need to differentiate responsibilities related to quality assurance between the above mentioned categories.Text. The guidelines for the pharmaceutical sector of the European Union (EU) provide guidance on the responsibilities of the MAHs in relation to the GMP rules, which are scattered throughout the various chapters of the GMP and its appendices. In addition, certain provisions on this topic are contained in the EU directives. With this in mind the European Medicines Agency (EMA) issued in January 2020 a draft Reflection paper on Good manufacturing practice and Marketing Authorisation Holders. The draft clarifies that while certain activities of an MAH may be delegated to the manufacturer, MAH retains ultimate responsibility for the performance of a medicinal product, its safety, quality and efficacy. The important obligation of MAH in this context is to facilitate GMP compliance by establishing a robust two-way communication system with national competent authorities, manufacturing sites, Qualified Persons (QPs) certifying batches before release, and other interested parties. The MAH ought to communicate to manufacturing personnel, normally through QPs, production processes and related quality control procedures, including subsequent variations, described in registration dossiers.Conclusion. A general one conclusion: in view of rapid developments in the EU GMP Guide, the Eurasian Economic Union GMP requirements ought to be updated. In respect of specific responsibilities of MAH pertaining to GMP compliance the EMA draft Reflection paper merits attention as a guidance regarding separation of obligations and responsibilities between MAH and personnel of manufacturing sights.
7
Mourell, Mark. "Accounting and Accountability for Australian Federal Unions." Economic and Labour Relations Review 16, no. 1 (July 2005): 95–115. http://dx.doi.org/10.1177/103530460501600106.
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The amendments to Schedule 1B of the Workplace Relations Act have given the government substantially new means of controlling the internal affairs of industrial organisations. At the government's behest, the Review of Current Arrangements for Governance of Industrial Organisation (the review), used concepts borrowed from the Corporations Act as a basis for recommendations regarding union accounts, accounting procedures, fiduciary obligations of office-holders and organisational rules. This study is a critique of the review and the consequent amendments. It argues that notions borrowed from the Corporations Act are inappropriate for unions and will cause problems for them. The amendments also contradict the government's avowed policy of deregulation of labour market institutions.
8
Cunningham, Barton, and Lari Mitchell. "Privatization in British Columbia: What the Experts Say Will Happen." Articles 45, no. 2 (April 12, 2005): 382–403. http://dx.doi.org/10.7202/050588ar.
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Privatization is being either implemented or investigated in over 100 countries and has become the plan of action for the B.C. government, beginningin the October, 1987. The goal of this Project was to predict the effects of privatization on labour relations in British Columbia. Specifically, it sought to understand how privatization might affect worker stability and wages, the structure and mechanisms for bargaining, the union 's structure and size, and the like. A delphi procédure was carried out in the early fall of 1988 which sought to sample three différent groups — representing union, management, and neutrals (eg., arbitrators). Those targeted were some of the highest ranking labour relations practitioners in British Columbia. The future of B.C. labour relations, based on the delphi prédiction, is one of short term instability for job holders, lower wages, and fragmentation of management's approach to bargaining. There could be increased costs for unions, more militancy, and more difficulties in improving labour relations.
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Silveira, Alessandra, and Claudia McKenny Engström. "The emerging culture of EU citizenship as “citizenship of rights” and the legal nature of the EU polity." UNIO – EU Law Journal 2 (June 1, 2016): 140–54. http://dx.doi.org/10.21814/unio.2.11.
Повний текст джерелаАнотація:
The current European crisis shows a crucial disjunction between the expectations of EU citizens and the institutional forms of political integration available to them. The crisis imposes challenges to the EU integration process, which sees its legitimacy questioned, above all in the eyes of the citizens of Member States undergoing intervention, who live with harsh restrictions and low expectations of improvement. EU citizens have never been so attentive to the developments of the EU integration – as testifies the rejection demonstrated in May 2014 elections to EU Parliament, now counting over 100 anti-EU voices. In this context, it is important to scrutinize whether the developing of an EU citizenship as “citizenship of rights” could perform some role in this scenario, putting it into perspective in order to grasp its effects on the legal nature of the EU polity. The status of EU citizenship is constructed around the paradigm of individual rights. Being an EU citizen basically means one is the holder of rights protected by the EU legal order – especially fundamental rights. Therefore, it is important to know to what extent the culture of rights has been strengthened by the change legal status of the Charter of Fundamental Rights of the European Union (CFREU) following the entry into force of the Lisbon Treaty in December 2009.1 In short, the text aims at knowing in which measure the fundamental rights dynamics in times of crisis affect the EU integration process itself.
10
Kuznetsova, E. A., and M. Yu Kot. "Russian intellectual immunities under the Eurasian Economic Union." Russian competition law and economy, no. 3 (September 30, 2019): 22–27. http://dx.doi.org/10.32686/2542-0259-2019-3-22-27.
Повний текст джерелаАнотація:
The problem of the abolishment of “intellectual immunities” has remained relevant for many years. According to Russia’s Federal Antimonopoly Service, the lack of antitrust control over the disposal of exclusive rights makes the Russian market vulnerable before foreign holders of intellectual rights. In fact, the regulator is entitled to impose antitrust restrictions on exclusive rights. This power is expressly stipulated by the Treaty on the Eurasian Economic Union, which still provides for “intellectual immunities” for foreign holders of intellectual rights. Therefore, the removal of these immunities from the law is a prerequisite for improvement of the antitrust regulation, which must be followed by systemic modification of the antitrust laws, in the first place, by expansion of competition assessment techniques in the field of intellectual property and by setting boundaries in respect of antitrust control, preserving the powers conferred on holders of intellectual rights.
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Rahayu, Siti Aisyah Tri, and Lukman Hakim. "ANALISIS PEMBENTUKAN UNI MONETER ASEAN-5 DENGAN PENDEKATAN PARITAS INTERNASIONAL DALAM HUBUNGAN KESEIMBANGAN NILAI TUKAR JANGKA PANJANG (1980.01 – 2004.12)." Jurnal Ekonomi Pembangunan: Kajian Masalah Ekonomi dan Pembangunan 8, no. 2 (December 1, 2007): 128. http://dx.doi.org/10.23917/jep.v8i2.1037.
Повний текст джерелаАнотація:
In order to strengthening cooperation regional and form the strength regional in ASEAN, likely require to relate at successful European Union in forming financial and economic market integration (EMU). ME become the “model" a success economic integration. We can conclude that to reach monetary union have to beforehand realized by economic union supported by union and strong politics willingness, where this matter have been blazed the way old in such a way by leaders of European countries of West which is merged into EMU. Intention of this research is to see the international parity condition of Purchasing Power Parity (PPP) and rate of interest parity (UIP) of among currency in ASEAN-5 with the currency of United States. Result of this research obtained is show that the goodness of theory of Purchasing Power Parity (PPP) and rate of interest parity (UIP) cannot be holded for the nations of ASEAN-5. In general, hypothesis ß 1=1 refused by existing data. This fact is indication that PPP and UIP cannot be holded during period 1980.01 until 2004.12. With do not hold of two the parity (PPP and UIP) hence possibility to existing of monetary uni ASEAN likely still will passing sufficient process.
12
Danilović, Nemanja. "The institutional mechanism of the European Union." Megatrend revija 18, no. 4 (2021): 251–68. http://dx.doi.org/10.5937/megrev2104251d.
Повний текст джерелаАнотація:
This essay deals with institutions of the European Union as a key element of its international legal personality. The European Union, as one of the most important regional international organizations, has a large number of political, advisory, financial and other institutions that support its functioning, which makes the former a true holder of international legal personality, which, thanks to the latter, is completely irrefutable. For this reason, this essay seeks to give an overall analysis of the work and functioning of the institutions, not only for the European Union, but also for the entire international community. Their influence on the entire political and international scene is crucial for a better understanding and functioning of international relations and geopolitical developments.
13
KOCHENOV, Dimitry Vladimirovich, and Jacquelyn Dietrich VERALDI. "The Commission against the Internal Market and European Union Citizens’ Rights: Trying to Shoot Down Sputnik with the “Digital Green Certificate”?" European Journal of Risk Regulation 12, no. 2 (June 2021): 404–14. http://dx.doi.org/10.1017/err.2021.22.
Повний текст джерелаАнотація:
The Digital Green Certificate (DGC) proposed by the European Commission on the basis of facilitating the free movement rights of European Union (EU) citizens will be capable of effectively serving as a COVID-19 passport. In this contribution, we cast doubt on whether the DGC is fit for purpose, highlighting in particular the potential for the DGC to in fact facilitate greater free movement restrictions for a large number of EU citizens, in particular those who have received non- European Medicines Agency (EMA)-approved vaccines such as Sputnik V in compliance with EU law. Under the proposal as amended by the European Parliament, any destination Member State that accepts proof of vaccination “in order to waive restrictions to free movement” must apply the same waiver to any DGC-holder that has received an EMA-approved vaccine and has the option of doing so for vaccines added to the World Health Organization (WHO) Emergency Use Listing; however, such equal treatment is not available for DGC-holders who have received non-EMA/WHO vaccines. While this measure was alleged to be taken on grounds of public health, a convincing public health case has not been put forward. Instead, the DGC proposal as it stands disregards the promise of the internal market and sets the stage for its fragmentation through geopolitics and bilateralism.
14
Szydło, Marek. "EU Legislation on Driving Licences: Does It Accelerate or Slow Down the Free Movement of Persons?" German Law Journal 13, no. 3 (March 2012): 345–68. http://dx.doi.org/10.1017/s2071832200020538.
Повний текст джерелаАнотація:
Driving licences, understood as an official authorisation issued by a State permitting a person to drive power-driven vehicles, belongs to those kinds of legal documents that can potentially significantly facilitate and enhance the free movement of persons (EU citizens) between Member States. Provided that a driving licence is duly recognized by Member States other than the State issuing the licence, the holder of the licence can move to those other Member States using his/her individual means of transport, and is entitled to use power-driven vehicles there while pursuing a large number of occupations as an employed or self-employed person. Thus, a driving licence duly recognized by the host Member State enables its holder to move, work, or conduct an economic activity there more effectively and gives the holder some additional options in that regard. Moreover, the driving licence recognized by the host Member State may be used by its holder while there to prove his/her identity and nationality as a Union citizen, and, consequently, it may serve as an equivalent of a passport or identity card. This is important insofar as the requirement to hold those latter documents (or their equivalents) is a formal prerequisite under the relevant EU legislation for Union citizens exercising their rights to enter and to reside in other Member States. The practical importance of driving licences and of the legislation concerning those issues in the EU, especially in the context of free movement of persons, is additionally reinforced by the fact that a valid driving licence is held by an estimated 60% of the Union's population, which means 300 million citizens. The EU and national legislation on driving licences has an undisputed direct impact on their lives.
15
Snegireva, I. I., E. O. Zhuravleva, and N. Yu Velts. "Expert Evaluation of Pharmacovigilance System Documents Included in the Registration Dossier." Safety and Risk of Pharmacotherapy 8, no. 4 (December 17, 2020): 191–97. http://dx.doi.org/10.30895/2312-7821-2020-8-4-191-197.
Повний текст джерелаАнотація:
The Russian Federation and the member states of the Eurasian Economic Union (EAEU) are working on the creation of a common pharmaceutical market. EAEU marketing authorisation may be granted to those pharmaceutical companies whose activities comply with the Good Pharmacovigilance Practice (GVP). The aim of the study was to analyse pharmacovigilance system documents submitted as part of registration dossiers of medicines and to identify problems that may arise during preparation of the pharmacovigilance system master file (PSMF). The authors analysed the PSMF, which makes part of the registration dossier, for compliance with the EAEU GVP requirements for submission, content, and completeness of all sections of the document. They identified the most common types of errors in PSMF preparation and analysed conditions when a PSMF is required or, alternatively, when a brief summary of the pharmacovigilance system of the marketing authorisation holder will suffice. The paper summarises specific aspects of incorporating pharmacovigilance system documents in regulatory submissions, as well as aspects of presenting pharmacovigilance system data when bringing the registration dossier in line with the EAEU requirements. This information may be useful for marketing authorisation holders who are the main stakeholders in the medicine authorisation process and who are directly involved in the pharmacovigilance system management during the authorisation and post-authorisation stages of the drug life-cycle.
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Landau, Elizabeth. "Inaugural Science and Policy Union Lecture to Be Given by John Holdren at Fall Meeting." Eos, Transactions American Geophysical Union 91, no. 42 (October 19, 2010): 385. http://dx.doi.org/10.1029/2010eo420009.
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Botta, Marco. "The Challenge of Sanctioning Unfair Royalty Rate by the SEP Holder: ‘When’, ‘How’ and ‘What’." World Competition 44, Issue 1 (March 1, 2021): 3–28. http://dx.doi.org/10.54648/woco2021002.
Повний текст джерелаАнотація:
The holder of a Standard Essential Patent (SEP) is usually required to license its patent to any licensee on the basis of Fair and Reasonable and Non-Discriminatory (FRAND) terms. In their recent judgments in Unwired Planet and Sisvel v. Haier, the UK Supreme Court and the German Bundesgerichtshof ruled that a ‘range’, rather than a ‘single’ royalty rate, may be considered compatible with the FRAND commitment. On the other hand, a royalty rate ‘beyond the outer boundary of the range’ would not be FRAND. In addition, an ‘unfair’ royalty rate might also be regarded as an abuse of dominant position by the SEP holder, in breach of Article 102(a) Treaty of the Functioning of the European Union (TFEU). The paper analyses whether and under what circumstances Article 102(a) TFEU could be relied on by a competition authority in Europe to sanction a case of ‘unfair’ royalty rate requested by the SEP holder to its licensees. In particular, the paper assesses ‘when’ competition policy should sanction an unfair royalty rate requested by the SEP holder, ‘how’ a competition agency should analyse the case in accordance with the case law of the EU Court of Justice concerning Article 102(a) TFEU and, eventually, ‘what’ remedies the competition authority could adopt. Standard Essential Patent; royalty rate; Fair, Reasonable and Non-Discriminatory terms; unfair pricing; Article 102(a) TFEU; EU Court of Justice; United Brands test; benchmarking methods; efficiency defence; competition law remedies
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Wahyuningtyas, Sih. "PEMBATASAN TERHADAP PERSAINGAN UNTUK MEMBENTUK PASAR DALAM KASUS STANDARD ESSENTIAL PATENT (SEP) (PERBANDINGAN HUKUM PERSAINGAN USAHA DI INDONESIA DAN UNI EROPA)." Arena Hukum 14, no. 2 (August 31, 2021): 222–44. http://dx.doi.org/10.21776/ub.arenahukum.2021.01402.2.
Повний текст джерелаАнотація:
The role of patents is complex when dealing with the problem of technological interoperability in cases where patented technology becomes standard. In such cases, a balance is needed between the protection of the interests of the inventor, i.e. the standard essential patent (SEP) holder, and of users who need the technology to enter the market. There is a susceptibility to restrictions on competition to create markets (competition for the market). Market dominance can be created by the adoption of SEP holder technology as a standard and hence, a key for other business actors to enter the market. With the potential for the formation of a dominant position in the relevant market, the competition law intervention is required when patent abuse occurs, as it appears typical in the pharmaceutical and information technology industries. The normative research examines how competition law in the European Union deals with SEP cases in comparison to Indonesian competition law.
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Pak, Yunseok. "Analysis of the German Copyright-Service Provider Act in the perspective of Korean Copyright Law." Korea Copyright Commission 139 (September 30, 2022): 123–0. http://dx.doi.org/10.30582/kdps.2022.35.3.123.
Повний текст джерелаАнотація:
Recently, some online platform regulations have been the subject of debate regarding Platform Responsibilities in the EU, U.S.A., Korea, and Japan. In 2019, the European Union introduced Article 17 of the Digital Single Market Directive that strengthens liabilities for online content-sharing services providers (OCSSP). First, in the EU, Germany enacted a new Copyright-Service Provider Act to introduce Article 17 whose directive is the OCSSPs’ direct responsibility for communicating copyright-infringing content to the public and to make their best efforts to obtain licenses from the copyright-holder to receive immunity from copyright infringement. OCSSPs must take blocking measures to prevent the continuous upload of copyright-infringing content in the future if the right-holder of the contents informs OCSSPs of the substantial information that copyright infringing content is servicing their platform. The German Act introduced some articles to respond to an overblocking measure of OCSSPs. For example, “Uses authorized by law”, “Uses presumably authorized by law”, “Minor uses”, and “Flagging of uses authorized by law” are introduced to ensure the fundamental rights of service users. In addition, OCSSPs should pay compensation to the copyright-holder and related-rights holder, if works are used for fair use. Compared to the Korean Copyright Act, OCSSPs may belong to a hosting service provider and a special type of online service provider. An obligation to obtain a license, to take notice and stay down, and to pay compensation, is necessary for debating the improvement of Korea’s online service provider immunity regulations.
20
Kapitsa, Yurii. "Unregistered industrial design: protection in the European Union and the problem of trolling in Ukraine." Theory and Practice of Intellectual Property, no. 5 (June 11, 2021): 60–71. http://dx.doi.org/10.33731/52020.233739.
Повний текст джерелаАнотація:
Kapitsa Y. Unregistered industrial design: protection in the European Union and the problem of trolling in Ukraine. The article considers a new provisions concerning unregistered industrial design (hereinafter — UD), introduced by the Law of Ukraine № 815-IX of 21.07.2020.There is an incomplete reflection in the Association Agreement between the EU and Ukraine and in the adopted Law of the provisions of Council Regulation (EC) No 6/2002 on Community designs, in particular the lack of implementation of Art. 85 (2) of the Regulation concerning the conditions under which courts consider UD to be valid; and the rulings of the Court of Justice that the right holder must provide evidence that the UD was copied by a third party, Case C-345/13 etc.This may result in trolling in Ukraine with the use of UD to prohibit the use of known products or products created independently, bypassing trademarks.It is actual to:• provide amendments to the Law of Ukraine «On protection of rights to industrial designs» concerning the provisions of Art. 85 (2) of Regulation № 6/2002 and the case law of the Court of Justice;• extend the competence of the Appeals Chamber to cases concerning the recognition of UD as invalid;• amend the Law as well Art. 139, 140 of the Code of Civil Procedure of Ukraine and Art. 151, 153 of the Economic and Procedural Code of Ukraine regarding the provisions of Art. 50 TRIPS which stipulates that judicial authorities shall have the authority to require the applicant to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant is the right holder and that the applicant’s right is being infringed or that such infringement is imminent.There is a danger of partial approximation not to the whole EU acquis governing the protection of relevant IP rights which may result in the difficulty of applying implemented provisions of EU acts and developing national case law which could contradict EU case law.Key words: unregistered industrial design, protection of intellectual property rights, approximation of legislation, trolling
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Loos, Eugène. "Language Choice, Linguistic Capital and Symbolic Domination in the European Union." Language Problems and Language Planning 24, no. 1 (December 6, 2000): 37–53. http://dx.doi.org/10.1075/lplp.24.1.04loo.
Повний текст джерелаАнотація:
The current linguistic regime in the institutions of the European Union is highly complex. The EU considers that equal status for its official languages goes to the heart of what the Union is all about. Actually, the member states are not willing to grant another language recognition. Bourdieu’s publication Language and Symbolic Power (1992) helps explain this unwillingness: an official language can be considered as “linguistic capital” which affords its holders “symbolic power”. On the other hand, when new countries join the European Union it is not inconceivable that, for reasons of a utilitarian and financial-economic nature, there will be a shift in favour of the exclusively institutional use of English in the long term. Bourdieu’s analysis of the mechanisms which underlie the process of linguistic unification during the construction of the French nation state in the nineteenth century answers the question whether the mechanisms which led to the use of French as common language for France also apply to the language choice in the EU.
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Тюнин, Михаил, and Mikhail Tyunin. "Collective Management as a Method of Implementation of Author´s and Related Rights in the Customs Union." Journal of Russian Law 3, no. 2 (February 4, 2015): 0. http://dx.doi.org/10.12737/7574.
Повний текст джерелаАнотація:
This article is devoted to the collective management of copyright and neighboring rights as one of the most important ways of their implementation in Customs Union, Common Economic Space, Eurasian Economic Union and also ensuring property rights of authors, performers, producers of phonograms and other holders of copyright and neighboring rights in cases, when their practical implementation individually is difficult. World Intellectual Property Organization and UNESCO has repeatedly emphasized the importance of collective management as the most suitable path that avoids the limitations of copyright and related rights with providing legal opportunities for mass use of intellectual property in the new high-tech areas. Questions of collective management of copyright and related rights take a significant place in the directives of the European Union adopted in the last decade. Copyright collecting agency must have the whole spectrum of rights for its operation which will allow it to conclude licensing agreements and ensure their legal clarity.
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Polat, Necati. "Identity Politics and the Domestic Context of Turkey's European Union Accession." Government and Opposition 41, no. 4 (2006): 512–33. http://dx.doi.org/10.1111/j.1477-7053.2006.00202.x.
Повний текст джерелаАнотація:
AbstractThis article observes a transformation in the largely essentializing, decontextualized form of identity politics that long defined political cosmology in Turkey, now in the process of negotiating accession to the European Union (EU). Accordingly, identity politics – not only the bread and butter of both Kurdish nationalism and Islamism, but also a justification for exhortations towards a limited, authoritarian democracy by Kemalists, the major power holders – is receding in favour of a civic, non-divisive political culture enabled by the EU anchorage. In danger of losing the longstanding centre–periphery configuration in an enhanced, participatory democracy and, concomitant with it, the periphery clientelism created by the waning identity politics, Kemalist nationalists, Islamists and Kurdish separatists appear to have stopped squabbling among themselves and joined forces against Turkey's EU bid.
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Podszun, Rupprecht. "SEP Litigation and Huawei." Antitrust Bulletin 62, no. 4 (November 14, 2017): 786–805. http://dx.doi.org/10.1177/0003603x17735195.
Повний текст джерелаАнотація:
In the 2015 case Huawei/ZTE, the Court of Justice of the European Union took one of its rare opportunities to rule on the interface of antitrust and patent law. The question before the Court was whether the holder of a standard-essential patent abuses a dominant position by seeking an injunction against a potential licensee. Regarding a previous line of cases under European law, the Court took a surprisingly easy solution by forcing the companies to get back to the negotiation table. This may be attributed to a new methodological balancing approach of the Court. While acknowledging the problem of patent thickets, the Court restrains the role of antitrust authorities in this field.
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Barani, Marie. "Hold-Out After the CJEU Huawei Decision." International Journal of Standardization Research 15, no. 2 (July 2017): 57–75. http://dx.doi.org/10.4018/ijsr.2017070104.
Повний текст джерелаАнотація:
This article describes how the Court of Justice of the European Union, with its Huawei v ZTE ruling in July 2015, has attempted to prevent abuses from SEP-holders (hold-ups) and implementers (hold-outs) by balancing the interests of both sides. This decision establishes a contractual negotiation framework both parties must comply with. However, it leaves some questions open. This article makes a review of hold-out risks under the Samsung and Motorola decisions from the European Commission and hold-out remedies under the Huawei decision and how national courts in Europe have applied it. It also examines potential improvements of competition law and the application of Article 102 of the Treaty on the Functioning of the European Union to deal with a holding-out company in Europe.
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Hamuľák, Ondrej. "Lessons from the “Constitutional Mythology” or How to Reconcile the Concept of State Sovereignty with European Intagration." DANUBE: Law and Economics Review 6, no. 2 (June 1, 2015): 75–90. http://dx.doi.org/10.1515/danb-2015-0005.
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Abstract This paper analyses the question of how to perceive the traditional theoretical concept of state sovereignty vis-á-vis European integration. Within the European project we face the paradox of having two authorities claiming autonomy and dominance. It is undisputable that the European Union is behaving like an autonomous public power - the new sovereign of its kind. But at the same time the Member States also maintain their sovereign statehood. This duality cannot be comprehended together with the old characteristics of sovereignty, which accepts only one holder of this feature. To reconcile the phenomena of European integration and the concept of sovereignty, we must shift into new definitions of the latter. This paper argues in favour of the acceptation of a shared sovereignty concept.
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Salcman, Michael. "The Act of Union between the Barbers and Surgeons of London by Hans Holbein the Younger." Neurosurgery 35, no. 6 (December 1, 1994): 1183. http://dx.doi.org/10.1227/00006123-199412000-00028.
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Salcman, Michael. "The Act of Union between the Barbers and Surgeons of London by Hans Holbein the Younger." Neurosurgery 35, no. 6 (December 1994): 1183. http://dx.doi.org/10.1097/00006123-199412000-00028.
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Gurgenidze, Miranda, and Tamaz Urtmelidze. "Aspects of Compulsory Licensing in Patent Law." Works of Georgian Technical University, no. 1(519) (March 29, 2021): 245–58. http://dx.doi.org/10.36073/1512-0996-2021-1-245-258.
Повний текст джерелаАнотація:
This issue is not new in international patent law. However, this institution was abolished in the Georgian legislation in 2010-2017 and its re-formulation has become active after it was put in the agenda in accordance with the provisions of Chapter IV (Intellectual Property Rights) of Chapter 4 (Intellectual Property Rights) between Georgia and the European Union and the European Union and their Member States. The necessity of fulfilling the undertaken liabilities and to bring the Georgian legislation in line with the above-mentioned agreement, as well as the aspects related to the intellectual property rights trade (TRIPS) and the EU legislation. The presented scientific article Aspects of Compulsory Licensing in Patent Law concerns with a topical issue such as mandatory licensing of a patented invention and / or utility model within the territory of Georgia without the permission of patent owner, which combines the principles of compulsory licensing, as well as the mentioned licensing procedures and procedure for issuing the compensation to the patent holder. The authors have studied the issues of compulsory licensing in Georgian patent law in this article, as well as the international agreements related to the issue of compulsory licensing themes. The introduction reviews the exclusive rights of the patent holder and the grounds for restricting those rights. The first chapter provides a legal analysis of the international agreements where we find the regulatory norms for involuntary / compulsory licensing of patents. The authors discuss the issues of compulsory licensing in the Georgian patent system in the second chapter. This problem is very relevant, interesting and innovative from the legal point of view, because with the issue of compulsory licensing, the rule of granting compensation to the patent owner is activated, which in itself is related to his property rights, and finally the main directions of the compulsory license that we find in the international patent and national system are reconciled and summarized.
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Cranmer, Frank. "Methodist Ministers: Employees or Office-holders?" Ecclesiastical Law Journal 15, no. 3 (August 15, 2013): 316–25. http://dx.doi.org/10.1017/s0956618x13000446.
Повний текст джерелаАнотація:
The issue of whether or not a minister of religion is an employee or an office-holder came before the Supreme Court in an action for unfair constructive dismissal against the Methodist Church. The Court held by a majority of four to one that, on the basis of the Church's Deed of Union and Standing Orders, the terms of engagement of ministers were not contractual for the purposes of employment law and that a minister's duties were not consensual. The judgment moderates somewhat the impact of the earlier judgment of the House of Lords in Percy v Board of National Mission of the Church of Scotland – and makes the employment status of ministers even more sensitive to the facts of the individual case than it was before.1
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Hultcrantz, Malin, David Kleinman, Pavandeep Ghataorhe, Astrid McKeown, Wei He, Thomas Ling, Roxanne C. Jewell, et al. "Exploring Alternative Dosing Regimens of Single-Agent Belantamab Mafodotin on Safety and Efficacy in Patients with Relapsed or Refractory Multiple Myeloma: DREAMM-14." Blood 138, Supplement 1 (November 5, 2021): 1645. http://dx.doi.org/10.1182/blood-2021-152224.
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Abstract Introduction: Belantamab mafodotin is a first-in-class, monomethyl auristatin F (MMAF)-containing, B-cell maturation antigen (BCMA)-directed antibody-drug conjugate (ADC) that is approved in the United States and European Union for adult patients with relapsed/refractory multiple myeloma (RRMM). In the pivotal Phase II DREAMM-2 study, single-agent belantamab mafodotin (2.5 mg/kg administered intravenously every 3 weeks [Q3W]) demonstrated an objective response rate of 32% with a manageable safety profile in triple-class refractory adult patients with RRMM (Lonial et al. Lancet Oncol. 2020). At 13 months of follow-up, responses were durable, with a median duration of response of 11 months and an overall survival of 13.7 months (Lonial et al. ASH 2020, Poster 1417). Corneal events are common and expected with belantamab mafodotin and other MMAF-containing ADCs. In DREAMM-2, keratopathy (a pathological eye exam finding) presented as superficial punctate keratopathy and/or microcyst-like epithelial changes. Ocular symptoms, such as decline in best-corrected visual acuity or patient-reported adverse events (eg, blurred vision or dry eye), were also common during treatment. Corneal events with or without symptoms were managed with dose modifications (delays and reductions), and clinically meaningful responses were observed even with prolonged treatment-free intervals; this suggests that alternative dosing regimens of belantamab mafodotin may lower rates of corneal events without compromising efficacy. The goal of the DREAMM-14 study is to investigate whether an improved overall benefit/risk profile of single-agent belantamab mafodotin can be achieved by modifying the belantamab mafodotin dose, schedule, or both relative to the approved dosing regimen (2.5 mg/kg Q3W). Methods: This Phase II, 5-arm, randomized, parallel, open-label multicenter study will include patients with RRMM who have received at least 3 prior lines of therapy including an anti-CD38 monoclonal antibody (mAb), an immunomodulatory agent, and a proteasome inhibitor. Patients aged ≥18 years with Eastern Cooperative Oncology Group Performance Status ≤2 and who provide informed consent will be eligible. Patients with corneal epithelial disease (except mild punctate keratopathy) or prior exposure to BCMA-targeted therapies or ADCs will be excluded. Patients will be randomized into Arms A to D (n=40 each) and arm E (n=20) in parallel and stratified by the International Staging System (ISS) for MM (I vs II vs III) and prior lines of therapy (3 vs ≥4). Single-agent belantamab mafodotin will be administered at doses and schedules as follows-Arm A: 2.5 mg/kg Q3W (control); Arm B: 1.9 mg/kg Q3W; Arm C: 2.5 mg/kg Q6W; Arm D: 1.9 mg/kg Q6W; Arm E: 1.9 mg/kg Q6W with dose modifications based on oncology staff assessment of ocular symptoms (patient-reported symptoms using the Ocular Surface Disease Index) and visual acuity. Participants in all arms will have Q3W response assessments and Q3W ophthalmic examinations and monitoring by qualified eye care specialists. Ocular event-related dose modifications for all arms except Arm E will be guided by the Keratopathy and Visual Acuity (KVA) scale. Participants in all arms will be treated until progressive disease, unacceptable toxicity, or death. The primary endpoint will be incidence of Grade ≥2 ocular adverse events according to the KVA scale. Key secondary endpoints include ocular safety and tolerability, pharmacokinetics, and efficacy outcomes of belantamab mafodotin in all arms. Follow-up for progression-free survival will be Q3W until progressive disease, start of new anticancer therapy, withdrawal of consent, end of study, or death. Follow-up for overall survival will be Q12W from treatment discontinuation. The duration of this study will be approximately 22 months. The study is planned to start in the first quarter of 2022. Funding: GSK (Study 209628); drug linker technology licensed from Seagen; mAb produced using POTELLIGENT Technology licensed from BioWa. Disclosures Hultcrantz: GlaxoSmithKline: Membership on an entity's Board of Directors or advisory committees, Research Funding; Curio Science LLC: Consultancy; Intellisphere LLC: Consultancy; Amgen: Research Funding; Daiichi Sankyo: Research Funding. Kleinman: Calm Water Therapeutics LLC: Current Employment; GlaxoSmithKline: Consultancy; Eyeon Therapeutics Inc.: Current holder of individual stocks in a privately-held company; ONL Therapeutics: Consultancy, Current holder of individual stocks in a privately-held company; Triphase Accelerator: Consultancy; Helixmith Co., Ltd: Consultancy; Aprea Therapeutics: Consultancy; Editas Medicine, Inc.: Consultancy; Olema Pharmaceuticals, Inc.: Consultancy. Ghataorhe: GlaxoSmithKline: Current Employment, Current equity holder in publicly-traded company. McKeown: GlaxoSmithKline: Current Employment, Current equity holder in publicly-traded company; AstraZeneca: Current equity holder in publicly-traded company; Novartis: Current equity holder in publicly-traded company. He: GlaxoSmithKline: Current Employment, Current equity holder in publicly-traded company. Ling: GlaxoSmithKline: Current Employment, Current equity holder in publicly-traded company. Jewell: Alcon: Current equity holder in publicly-traded company; Novartis: Current equity holder in publicly-traded company; GlaxoSmithKline: Current Employment, Current equity holder in publicly-traded company. Brunner: GlaxoSmithKline: Current Employment, Current equity holder in publicly-traded company. Byrne: GlaxoSmithKline: Current Employment, Current equity holder in publicly-traded company; Adaptimmune: Current equity holder in publicly-traded company; Novartis: Current equity holder in publicly-traded company. Eliason: GlaxoSmithKline: Current Employment, Current equity holder in publicly-traded company. Scott: GlaxoSmithKline: Current Employment, Current equity holder in publicly-traded company. Opalinska: GlaxoSmithKline: Current Employment, Current equity holder in publicly-traded company.
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Elías-Caro, Jorge Enrique. "The Banana Bank of Magdalena (Colombia) and The Union Holding: sectoral initiative - regional imperious, failed business practice , 1958-1977." Memorias, no. 28 (January 15, 2016): 263–303. http://dx.doi.org/10.14482/memor.28.8104.
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Mrutu, Lukio Lawrence. "Towards Agricultural Modernization and Industrial Development: Examining The Position of Small Holder Farmers in Tanzania." Journal of Economics Education and Entrepreneurship 3, no. 1 (April 3, 2022): 18. http://dx.doi.org/10.20527/jee.v3i1.4449.
Повний текст джерелаАнотація:
Tanzania is working towards agricultural modernization aiming and improving agricultural productivity. The aim has been to transform traditional agricultural practices with modern practices and help smallholder farmers improve their productivity. However, there has been mixed evidence on the success of such modernization efforts some showing success and others showing the failure. By using available literature, this paper aim at showing the position of smallholder farmers in agricultural modernization process. Findings shows that, agricultural modernization has left smallholder farmers under a marginalized position filled with land grabbing, problems on availability, accessibility, affordability and the quality of agricultural inputs together with the problem of market for agricultural products. As a deliberate effort to improve agriculture sector the government need to increase investment in agricultural inputs by facilitating the availability of industries which produce agricultural inputs like fertilizer. Also, the government should encourage farmers to join into cooperative unions or groups to help them have bargaining power when it comes to marketing their crops.
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Nemţoi, Gabriela. "”New” and ”Existing” Rights in the Charter of Fundamental Rights of the European Union." Logos Universality Mentality Education Novelty: Law 8, no. 1 (December 10, 2020): 16–32. http://dx.doi.org/10.18662/lumenlaw/8.1/32.
Повний текст джерелаАнотація:
Considered a fundamental document, the Charter of Fundamental Rights of the European Union aims to bring together all the civil, political, economic, social and cultural rights that citizens and residents of the Community can enjoy in order to outline the EU’s obligation to respect these fundamental rights. Thus, from the perspective of the content of the Charter, civil and political rights can be understood as those rights necessary for the assertion of the individual and defined by the action of their holder[1] and in contrast are the economic, social and cultural rights that can be understood as those rights recognized to individuals, in their capacity as members of certain social categories. Through its content, the Charter reaffirms the rights that arise from the content of national constitutions and international obligations, common to the Member States. Thus, these rights stand out as a foundation that is built on the European Convention for the Protection of Human Rights and Fundamental Freedoms, on the Social Charters adopted by the EU, on the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. In this context, it should be noted that the Charter is the first normative act that manages to codify in a single document, the main civil, political, economic and social rights[2], enshrined in previous Community Treaties. Under the auspices of the Charter, we will try to point out the innovative aspect that this document enjoys as a legal instrument for the protection of fundamental human rights.
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Alemanno, Alberto. "What Role – if any – for a Chief Scientist in the European Union System for Scientific Advice?" European Journal of Risk Regulation 5, no. 3 (September 2014): 286–92. http://dx.doi.org/10.1017/s1867299x00003792.
Повний текст джерелаАнотація:
At a time of increasing recognition worldwide of the role of Chief Science Advisers as of critical importance in improving dialogue between science and policy, the European Union, notably the European Commission, is currently considering – under the pressure of civil society organisations – whether to maintain or scrap this recently–created position. After contextualizing this debate within the broader efforts undertaken by the Barroso Commission to strengthen science in EU policymaking, this article discusses what role, if any, a Chief Scientist may play within the EU systemof scientific advice. After denouncing the lack of a public debate about the merits of this post at the time of its creation, the article takes as a point of departure the criticisms made against this position and assesses them in the light of the mandate entrusted to the Chief Scientist Advisor. It argues that the major point of disagreement on this post revolves around the question of whether the Chief Scientist Advisor, as it currently stands, helps or hinders the EU incorporating the ‘best science’ into policy. After identifying the flaws of the actual mandate and the challenges faced by the first holder of the position, it argues that the burden of proof rests with the EU Commission to prove the merits, and more specifically, the rationale for having yet another source of scientific advice in the EU.
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Morrison, Alana. "Lessons from the UK Know How Funds Initiative." Industry and Higher Education 17, no. 3 (June 2003): 199–209. http://dx.doi.org/10.5367/000000003101296855.
Повний текст джерелаАнотація:
The relationship that has existed historically between industry and higher education in Western economies is currently being mirrored in the transforming economies of the former Soviet Union. These emerging market economies have been encouraged by their association with a now obsolete British Council awards scheme to study historical and current relationships between businesses and education providers in established market economies. This paper analyses the professional and academic collaboration between a British and Russian university and their respective business networks. The case is set in the context of a UK government ‘Know How Funds’ project. The paper summarizes and analyses discursive sections of the periodic financial reports of the award holder, submitted throughout the project, to the British Council. The findings from the case study support the use of peer education and the resultant cascade of knowledge as mechanisms to drive through the transition to a market economy.
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Narożniak, Agnieszka. "Karta Polaka w systemie instytucjonalnym prawa o cudzoziemcach." Studia Prawa Publicznego, no. 4(20) (December 4, 2019): 129–64. http://dx.doi.org/10.14746/spp.2017.4.20.5.
Повний текст джерелаАнотація:
In recent years, there have been legislative cha nges as a result of which the role of the Pole’s Card in the Polish legal system has been increasing. The growing importance of the Pole’s Card requires refl ection on its place in the system of Polish law on foreigners and its relation to other institutions of this law. According to the original concept, the Pole’s Card was to be an offi cial confi rmation of the holder’s belonging to the Polish Nation and a way of granting a number of rights in order to make the foreigner’s stay in Poland easier. Today, it is justifi ed to say that the Pole’s Card has acquired a new, “stay-in” function. Although the Card on its own does not give the right to reside in Poland, it allows its holder to apply for a permanent residence permit without having to meet standard migration requirements. The changes have also made it legitimate to talk about a “repatriation” function of the Pole’s Card. It does not grant Polish citizenship, nevertheless it lets to avoid many diffi culties connected to standard procedures. As far as leaving the country is concerned, the Pole’s Card does not constitute an obstacle to the imposition on its holder of an obligation to leave Poland. However, it should be noted that while fulfi lling its functions, the Card signifi cantly reduces the likelihood of addressing a decision containing such an obligation. The attractiveness of the Pole’s Card holder status is demonstrated in practice by the growing interest in applying for this document. In the system of the law on foreigners, however, there remain some details that show that the whole concept is somehow incomplete. In practice, problems arise with the assessment of the connection to Polish culture and there are questions about the eff ects of unfair practices when applying for the Pole’s Card. Doubts are also raised by the lack of unifi cation of the Card holder status, irrespective of the possession of another privileged status: the one of a citizen of the European Union or a member of her or his family. It leads to a conclusion that legislative corrections seem necessary at some points. At the same time it is claimed that apart from the above, the quality of the application of the existing law should be improved.
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Jiménez, Javier Mendoza. "The Committee of the Regions: A Springboard for the Citizens." Baltic Journal of European Studies 3, no. 2 (October 1, 2013): 38–49. http://dx.doi.org/10.2478/bjes-2013-0012.
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AbstractThis study focuses on the relation between the Committee of the Regions (CoR), an advisory institution of the European Union defined as the political assembly of holders of a regional or local electoral mandate serving the cause of European integration, and the democratic deficit, understood as the effective ways of citizens’ participation in the institutional decision making. The work hypothesis is that the CoR, in spite of being mostly unknown to citizens, could be an effective tool for tackling the democratic deficit. Through qualitative interviews and surveys at different levels, the article analyzes the current situation and the potential opportunities of the CoR in its relation with citizens.
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RAYMOND, CHRISTOPHER M., MARK REED, CLAUDIA BIELING, GUY M. ROBINSON, and TOBIAS PLIENINGER. "Integrating different understandings of landscape stewardship into the design of agri-environmental schemes." Environmental Conservation 43, no. 4 (August 5, 2016): 350–58. http://dx.doi.org/10.1017/s037689291600031x.
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SUMMARYWhile multiple studies have identified land managers’ preferences for agri-environmental schemes (AES), few approaches exist for integrating different understandings of landscape stewardship into the design of these measures. We compared and contrasted rural land managers’ attitudes toward AES and their preferences for AES design beyond 2020 across different understandings of landscape stewardship. Forty semi-structured interviews were conducted with similar proportions of small holders, medium holders and large holders in southwest Devon, UK. Overall, respondents most frequently cited concerns related to the reduced amount of funding available for entry-level and higher-level stewardship schemes in the UK since 2008, changing funding priorities, perceived overstrict compliance and lack of support for farm succession and new entrants into farming. However, there were differences in concerns across understandings of landscape stewardship, with production respondents citing that AES do not encourage food production, whereas environmental and holistic farmers citing that AES do not support the development of a local green food culture and associated social infrastructure. These differences also emerged in preferences for AES design beyond 2020. We adapted a collaborative and coordinated approach for designing AES to account for the differing interests of land managers based on their understanding of landscape stewardship. We discuss the implications of this approach for environmental policy design in the European Union and elsewhere.
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Graves, Laura, Vineel Nagisetty, and Vijay Ganesh. "Amnesiac Machine Learning." Proceedings of the AAAI Conference on Artificial Intelligence 35, no. 13 (May 18, 2021): 11516–24. http://dx.doi.org/10.1609/aaai.v35i13.17371.
Повний текст джерелаАнотація:
The Right to be Forgotten is part of the recently enacted General Data Protection Regulation (GDPR) law that affects any data holder that has data on European Union residents. It gives EU residents the ability to request deletion of their personal data, including training records used to train machine learning models. Unfortunately, Deep Neural Network models are vulnerable to information leaking attacks such as model inversion attacks which extract class information from a trained model and membership inference attacks which determine the presence of an example in a model's training data. If a malicious party can mount an attack and learn private information that was meant to be removed, then it implies that the model owner has not properly protected their user's rights and their models may not be compliant with the GDPR law. In this paper, we present two efficient methods that address this question of how a model owner or data holder may delete personal data from models in such a way that they may not be vulnerable to model inversion and membership inference attacks while maintaining model efficacy. We start by presenting a real-world threat model that shows that simply removing training data is insufficient to protect users. We follow that up with two data removal methods, namely Unlearning and Amnesiac Unlearning, that enable model owners to protect themselves against such attacks while being compliant with regulations. We provide extensive empirical analysis that show that these methods are indeed efficient, safe to apply, effectively remove learned information about sensitive data from trained models while maintaining model efficacy.
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Lundstedt, Lydia. "AMS Neve and Others (C-172/18): Looking for a Greater ‘Degree of Consistency’ Between the Special Jurisdiction Rule for EU Trade Marks and National Trade Marks." GRUR International 69, no. 4 (April 1, 2020): 355–64. http://dx.doi.org/10.1093/grurint/ikaa032.
Повний текст джерелаАнотація:
Abstract The Court of Justice of the European Union’s (CJEU) judgment in AMS Neve and others (C-172/18) clarifies how to interpret the concept ‘the Member State in which the act of infringement has been committed or threatened’ in the rule on special jurisdiction in the European Union Trade Mark Regulation. The CJEU held that Art. 125(5) should be interpreted to mean that the right holder may bring an action before an EU trade mark court of the Member State within which the consumers or traders to whom advertising and offers for sale are directed are located, even if the defendant took decisions and steps in another Member State to bring about that electronic display. With this judgment the CJEU introduces a targeting approach, which is something it has declined to do for the corresponding rule in Art. 7(2) Brussels Recast that applies to infringements of national trade marks. While the targeting approach is encouraging, the CJEU will need to clarify it to fulfil the objective of legal certainty. In addition, the CJEU appears to have interpreted Art. 125(5) EUTMR to exclude the Member State of activation. This is in contrast to Art. 7(2) Brussels Recast, which gives a right holder a choice between the Member State of activation and the Member State where the trade mark is registered. The article concludes that there is no justification for these differences in the special rules on jurisdiction applicable to EU trade marks and national trades.
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Goloenko, N. G., R. I. Yagudina, A. Yu Kulikov, V. G. Serpik, M. V. Protsenko, and P. A. Logvinyuc. "Learning Needs as a Reflection of Professional Interests among Health Experts." Safety and Risk of Pharmacotherapy 7, no. 1 (March 25, 2019): 44–52. http://dx.doi.org/10.30895/2312-7821-2019-7-1-44-52.
Повний текст джерелаАнотація:
Eurasian Economic Union claims single rules for pharmaceutical circulation it will the ground for organizing the single pharmaceutical market. Because of such changes all the specialist from pharmaceutical market have to know all the new legislations. For the purpose of raise the organization responsibilities for quality and safety pharmaceuticals. Market autorotation holder have to create pharmacovigilance system. In connection with it the framework of the social survey was to find out the educational needs in pharmacovigilance among the health experts. The results of polling showed that experts had diffi culties in preparing pharmacovigilance documents. Major of the pollees expressed a wish to complete educational training which will be dedicated to the system of pharmacovigilance. The social survey results shows: converts educational needs among the pollees from 23 to 65 %, it points that experts want to get more additional information and some practical cases for understanding some issues in pharmacovigilance system through workshops, educational programs.
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Ongaro, Edoardo, and Ewan Ferlie. "Strategic Management in Public Organizations: Profiling the Public Entrepreneur as Strategist." American Review of Public Administration 50, no. 4-5 (March 3, 2020): 360–74. http://dx.doi.org/10.1177/0275074020909514.
Повний текст джерелаАнотація:
Our core argument is that the entrepreneurial school of thought in strategic management as conceptualized by Mintzberg and colleagues holds explanatory value for advancing knowledge about the behavior of public sector organizations, as it does for private firms, albeit with important qualifications when applied to public services: chiefly, the temporal limitation in post for the office-holder of a public organization. After describing our methods, we present qualitative data from a longitudinal case study of strategy making in an European Union (EU) agency, the European Aviation Safety Agency, which has become a key actor globally in civil aviation. Our interpretation of the case suggests the additional usefulness of the entrepreneurial school of strategy, suitably adapted for public agency settings, as an explanatory prism to enlarge the repertoire of conceptual tools for the study of public agencies. Our broader argument is that the field of strategic management may provide theoretical resources for the study of public agencies, provided its theoretical lenses are properly selected and adapted.
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Westrup, Mário Nazzari, and Silvio Parodi Oliveira Camilo. "The Dominance of Borrowers and Savers Credit Unions." Advances in Social Sciences Research Journal 9, no. 9 (October 5, 2022): 569–86. http://dx.doi.org/10.14738/assrj.99.13215.
Повний текст джерелаАнотація:
This paper addresses the determinants of dominance by resource borrowers or savers in credit unions in the southern region of Brazil. The study is a prevalence of previous and convergent work that discuss the dominance and its effects. In order to evaluate the influence of the determining factors on credit unions about the type of domination, we adopted panel date the multivariate analysis technique. The results of the study pointed out that the objects investigated present dominance of members who are credit borrowers, and present determinant factors that are significant and that influence the rate of domination of the borrower. The proposition becomes relevant by contributing with empirical evidence already existing in other contexts. Given the growing participation of credit unions in the economy, and their impact on local development. Conflict of interests of the participants allied to the analysis of an environmental, balanced or turbulent context, can influence the movements, policies or group arrangements. Investigations that deal with decisions and power relations between quota holders, whether as board members or even managers, in a dual or trial function appearing to be important in future studies.
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Sidak, J. Gregory. "Evading Portfolio Royalties for Standard-Essential Patents through Validity Challenges." World Competition 39, Issue 2 (June 1, 2016): 191–211. http://dx.doi.org/10.54648/woco2016021.
Повний текст джерелаАнотація:
A no-challenge clause prevents a patent licensee from challenging the validity of a licensed patent. In the 2014 Guidelines on Technology Transfer Block Exemption Regulation, the European Commission discouraged parties from including a no-challenge clause in a settlement and license agreement concerning standard-essential patents (SEPs).The Commission said that eliminating invalid patents serves the public interest because it promotes competition. For similar reasons, in 2014, the Advocate General of the Court of Justice of the European Union opined in Huawei Technologies Co. v. ZTE Corp. that EU competition law should allow a licensee to retain the right to challenge a licensed SEP’s validity notwithstanding that the licensee has entered into a settlement and license agreement with the SEP holder. I analyze the Commission’s and the Advocate General’s assumption that a licensee’s challenging the validity of SEPs unambiguously benefits consumers. I assess the merits of that legal proposition within the well-established economic framework of cost-benefit analysis. I particularly focus on the marginal benefits and the marginal costs that eliminating no-challenge provisions would generate for consumers. I explain that the Commission and the Advocate General exaggerated the marginal benefits and understated the marginal costs of validity challenges to licensed SEPs, particularly when the typical SEP holder repeatedly licenses its SEPs in a large portfolio to a sophisticated licensee. The discovery that several SEPs in a licensed portfolio of hundreds are invalid would neither surprise the parties nor justify reducing the portfolio royalty. The Commission and the Advocate General ignored that encouraging a licensee to challenge the validity of individual licensed SEPs invites opportunistic litigation by the licensee so as to delay paying the SEP holder the agreed-upon royalty for the use of the many more valid patents in its licensed portfolio. Thwarting the SEP holder’s ability to receive prompt compensation for its innovative contribution lessens the SEP holder’s incentive to invest in innovation and thus decreases quality of collective standard setting. Those effects in turn impose significant marginal harm on consumers. Consequently, the Commission and Advocate General erred to assume that consumers derive a net marginal benefit from the announced policy encouraging a licensee to challenge to the validity of licensed SEPs.
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Sikorski, Rafał. "Towards a More Orderly Application of Proportionality to Patent Injunctions in the European Union." IIC - International Review of Intellectual Property and Competition Law 53, no. 1 (January 2022): 31–61. http://dx.doi.org/10.1007/s40319-021-01139-6.
Повний текст джерелаАнотація:
AbstractThe intensity of IP protection has traditionally been determined by assessing the criteria that need to be satisfied for the protection to be granted, as well as the scope of rights and limitations of those rights. The enforcement stage and the remedies available to right holders have for long been, if not neglected, then certainly treated with lesser attention. The rise of aggressive litigation strategies, especially in the field of patents, has brought the enforcement stage to the forefront of the discussion about the proper level of IP protection in general and patent law in particular. Injunctions provide particularly strong leverage at the enforcement stage, allowing patentees in some cases to obtain royalties that exceed the value of the protected inventions. The principle of proportionality can play an important role as a check on excessive litigation strategies by patentees. Flexibility, however, comes at the price of uncertainty and unpredictability as to the outcome of patent disputes. Therefore, it is crucial to apply proportionality in an orderly and structured manner. For that purpose, the article identifies a set of factors that may be helpful in applying proportionality in patent disputes. That set of factors is well grounded in the traditions of the laws of the EU Member States.
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Bangun, Sabariah. "Karoja: The Unification of Culture Between Java and Karo." INTERNATIONAL JOURNAL OF MANAGEMENT SCIENCE AND BUSINESS ADMINISTRATION 3, no. 6 (2017): 19–22. http://dx.doi.org/10.18775/ijmsba.1849-5664-5419.2014.36.1002.
Повний текст джерелаАнотація:
Humans made up of different races, tribes, nations, and religions. Indonesia consists of various ethnicities or tribes so that Indonesia has a philosophy of life, unity in diversity, which means although different but still united. As a result of the diversity of ethnic groups in Indonesia, there is frequent intermarriage. This intermarriage gave the issue the cultural unification between the male and the female. One of the unification of culture studied is the marriage between Karonese and Javanese in the District of Namorambe, Deli Serdang regency – North Sumatra. The majority of people in the village Namorambe are the Karo tribe, and they have originally occupied this area. Assimilation means a process of unification of different cultures with the aim to reduce the difference between the two of them and achieve mutual interests. In contrast, acculturation involves in itself the process of assimilation to walk with their real efforts of both cultures holder. As we know, intermarriage is an example of the union of two cultures within the scope of the individual. By marrying people of different tribes with us means that we are ready to accept all differences including cultural differences. However, to build a harmonious household, usually, the pair will unify their respective cultures so that their relationship has always been good. Marriages between Karonese and Javanese tribes often occur in Namorambe areas. There are two villages patterned Java, Desa Jati Kesuma and Judi Rejo villages. Intermarriage between Karo and Java tend to prefer the lineage of the male or patrilineal. This study aims to see how the union of two cultures that Karo and Java in the Namorambe area, and what kind of results the union of two cultures. A contemporary phenomenon in the cultural unification Karo and Java is the entertainment community, which is a mixture of both cultures in the form of music with a typical arrangement Karo, however lyric in Javanese language, and the title song is ‘Karoja’.
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Herbst, F. J., and A. N. Schreuder. "The influence of marketing effectiveness on building long-term relationships in a sport environment." South African Journal of Economic and Management Sciences 2, no. 1 (March 31, 1999): 34–53. http://dx.doi.org/10.4102/sajems.v2i1.2562.
Повний текст джерелаАнотація:
The providers of professional sport are influenced by the ever-changing nature of sport as a form of entertainment and its subsequent effect on relationship building in the new millennium. The continuous aim of building relationships of high quality in a lucrative business field can only be achieved by means of effective marketing. In order to ensure marketing effectiveness, the quality of the relationship with spectators is a crucial success factor, influenced by the length of the relationship, value for money and the propensity to leave. An empirical study was undertaken in a sporting environment which investigated the quality of the clients' (season ticket holders') current relationship with the service provider (sporting union). An exposition is also given of the methods and procedures used in the study.
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Meyer, Trisha, and Leo Van Audenhove. "Graduated response and the emergence of a European surveillance society." info 12, no. 6 (September 28, 2010): 69–79. http://dx.doi.org/10.1108/14636691011086053.
Повний текст джерелаАнотація:
PurposeThis paper seeks to offer an alternative critique to graduated response, a warning and sanction mechanism aimed at fighting online piracy.Design/methodology/approachThis paper reflects on and frames graduated response in terms of theories on surveillance society and code. In particular, it analyses the graduated response debate in the European Union and the current initiatives in France and the UK.FindingsThe paper argues that graduated response portrays rights holders as being in a state of emergency, is a form of social sorting, and has a technological bias.Originality/valueThis paper contends that many objections raised to graduated response have been reduced to issues concerning the procedure rather than the principle, and that important societal questions concerning graduated response remain un(der)explored.
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HOOGHE, LIESBET. "Images of Europe: Orientations to European Integration among Senior Officials of the Commission." British Journal of Political Science 29, no. 2 (April 1999): 345–67. http://dx.doi.org/10.1017/s0007123499000150.
Повний текст джерелаАнотація:
The European Union is a polity in the making, where political actors contend about basic questions of governance. While students have begun to map contention between public parties and private interests, little attention has been paid to how office-holders in the Commission conceive of European integration. Using interview data collected from 140 senior officials of the Commission, I identify contention along four dimensions: whether the EU should have supranational or intergovernmental institutions; whether it should use democratic or technocratic decision making; whether it should promote regulated capitalism or market liberalism; and whether the elite should defend the European public good or be responsive to various interests. My findings challenge EU theories that conceive of the Commission as a unitary actor with a pro-integration agenda.