Enforcement of Intellectual Property Rights in Dutch, English and German Civil Procedure - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Enforcement of Intellectual Property Rights in Dutch, English and German Civil Procedure write by George Cumming. This book was released on 2008-01-01. Enforcement of Intellectual Property Rights in Dutch, English and German Civil Procedure available in PDF, EPUB and Kindle. EU Directive 2004/48 EC obliges Member States to seek to achieve 'partial harmonization' of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level. The three authors' vastly detailed, article-by-article analysis of the fortunes of Directive 2004/48 EC in three EU jurisdictions offers enormously valuable insights into the complex ways Member States respond to Community law, and in so doing provides an important addition to the ongoing inquiry into the nature of the reciprocal tensions between EU law (both judicial and legislative) and the laws of Member States. The particular investigation undertaken here reveals three paradigmatic situations: the situation in which the Directive has not been implemented at all, either because the Member State believes that its current legislation is adequate or that the wording of the Directive is such that no special legislation is required (England); the situation in which implementation has been inadequate, because either the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain (The Netherlands); and the situation in which the relevant time for implementation for the Directive has elapsed and no specific legislation has been adopted (Germany). If there really is, as the European Commission contends, an 'enforcement deficit' in the protection of intellectual property rights by national rules of procedure, then the most effective remedial approach, Cummings shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpretation of the precise meaning of the substantive obligations under the Directive. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation of a directive, may bring an action against the State for breach of Community law. The author presents his analyses of the implementation of the Directive in Dutch and English national procedure and his proposals for German implementation as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.
Civil Procedure in EU Competition Cases Before the English and Dutch Courts
Civil Procedure in EU Competition Cases Before the English and Dutch Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Civil Procedure in EU Competition Cases Before the English and Dutch Courts write by George Cumming. This book was released on 2010-01-01. Civil Procedure in EU Competition Cases Before the English and Dutch Courts available in PDF, EPUB and Kindle. For decades it seemed clear that EC competition law was enforceable effectively at the national level, and ECJ case law has continued to bear this out. In recent years, however, the Commission has been proposing harmonization of national rules of procedure in competition cases, implying that procedural autonomy is insufficient on its own to produce an effective enforcement system in this area. As the authors of this book clearly demonstrate, this suggests a binary system governing the enforcement of EC Articles 81 and 82: namely, that led by the Commission through directives and eventual regulations, and that built on ECJ principles in areas not dealt with by such Community instruments. This book describes and analyzes not only the specific Commission recommendations, but also the manner and extent to which these recommendations are or may be implemented in civil procedure. In particular, the authors consider changes which may be required if these recommendations are incorporated into Dutch and English rules of civil procedure. Also addressed are elements of procedure not mentioned by the Commission but which might usefully be considered in the context of ECJ principles of effectiveness, equivalence and effective judicial protection of rights. At the heart of the study is a detailed analysis of the Commission White Paper on Damages Actions and the Commission Staff Working Paper, both issued early in 2009. The in-depth analysis ranges over procedural aspects of such elements as the following: andstanding; anddisclosure and access to evidence; andburden of proof; andfault/no fau andcosts of damages actions; andinjunctions; andcivil versus administrative enforcement; andlimitations; andleniency programmes; andcollective actions; andconfidentiality; and andforms of compensation. Anticipating as it does a looming impasse in European competition law, this remarkable book sheds defining light on the real implications of EC competition law for parties to damages actions, not only in the national systems studied but for all Member States. For practitioners and jurists it offers a particularly useful approach to the handling of cases involving European competition law, and also serves as a guide to current trends and as a clarification of doctrine.
International Litigation in Intellectual Property and Information Technology
International Litigation in Intellectual Property and Information Technology - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Litigation in Intellectual Property and Information Technology write by Arnaud Nuyts. This book was released on 2008-01-01. International Litigation in Intellectual Property and Information Technology available in PDF, EPUB and Kindle. At head of title : European Commission Research Project on Judicial Cooperation in Matters of Intellectual Property and Information Technology.
The Enforcement of Intellectual Property Rights
The Enforcement of Intellectual Property Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Enforcement of Intellectual Property Rights write by L. T. C. Harms. This book was released on 2008. The Enforcement of Intellectual Property Rights available in PDF, EPUB and Kindle. This publication aims at making available for judges and lawyers a valuable tool for handling intellectual property cases in countries with the common law tradition, particularly where precedent in the intellectual property domain is rare. To that effect, the case book analyzes carefully selected court decisions. These decisions are drawn from various countries, in particular those with the common law tradition. The extracts from the decisions and accompanying comments are illustrating the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with civil and criminal proceedings involving intellectual property rights.
Merger Decisions and the Rules of Procedure of the European Community Courts
Merger Decisions and the Rules of Procedure of the European Community Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Merger Decisions and the Rules of Procedure of the European Community Courts write by George Cumming. This book was released on 2011-11-22. Merger Decisions and the Rules of Procedure of the European Community Courts available in PDF, EPUB and Kindle. Article 340 TFEU, which provides a method of compensation for victims of the Commission’s errors, is invoked as the basis for actions against Commission decisions under the Merger Control Regulation. Accordingly, the rules of procedure of the Community Courts come into play. This probing analysis asks the important questions: What limits can be imposed on the discretion of the Community Courts acting within their own rules of procedure? Is the manner in which the Court of Justice interprets those rules sufficient? Focusing on the crucial Court responsibilities of investigating facts and assessing economic damage in relation to the type of non-contractual liability apparent in antitrust cases, the author convincingly demonstrates that the scope for ‘case management’ by the Courts is strictly limited, and may engender information or evidentiary deficits that contravene ECHR Art 6.1 as well as the principles of effective judicial protection and rectitude of decision. A claim for compensation pursuant to Art 340 TFEU may be struck merely because the basic elements of the cause of action cannot be established to a minimal level.
