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This thesis is divided into 6 parts. In the 1st part, there are some general remarks concerning the rationale for the choice of topic and the methods used for researching and delimiting it. In the 2nd part, various systems of international and national legislation regulating trade marks are introduced. There is also a very short introduction to some general trade mark issues. The notion of trade m
The ongoing Europeanisation is readily identifiable in our day-to-day life. Particularly in the field of law, the elaboration of a uniform and harmonised European private law is promoted and a truly European legal science is forced. Yet, comparative law and unification of law have concentrated on certain areas, which include mainly commercial law and related areas of civil law. The main issue of t
Innovation is the source of new products and processes that expand the frontiers of competition. Advancements in technology are continuously occurring throughout the world as firms seek to develop new ideas for their products, services and markets. Most technology licensing is pro-competitive and should be encouraged by competition authorities. Nevertheless, in legal and economic spheres the conne
The present study analyzes the right to land for indigenous peoples by emphasizing its multi-dimensional perspective and its collective economic, social and cultural aspects. A conceptual framework of collective economic, social and cultural rights (ESCR approach) to the indigenous peoples' right to land is proposed, supported by international human rights standards. The possible and actual po
Parallel trade in goods is generally viewed as a positive phenomenon within the EU as a consequence of the principle free movement of goods: When traders buy goods in one part of the common market at a low price and transfer it to a higher priced area, allowing them to undercut those prices, then this will enhance competition, drive down prices and give consumers more choice- an overall positive e
One of the important problems concerning European Environmental law is the lack of coherence in the European legal system including Competition rules&semic granting state aid for environmental protection reasons is one of these problems. In this sense, after more than twenty years of community legislations in the field of environmental protection, the European commission adopts in the 1994 the
According to the ECJ, the assessment of the likelihood of confusion between two trade marks requires a consideration of numerous elements and, in particular: the degree of similarity between the trade marks and between the goods or services identified&semic the recognition of the trade mark on the market&semic the association which can be made with the used or registered sign. Moreover, it
Access to court is essential for the protection of all rights of individuals. The same holds true for the rights individuals derive from Community law. The Court of Justice of the European Communities (ECJ) is the only court competent to review the legality of acts of the Community institutions. In addition, the ECJ has the last word on the interpretation of Community law. Yet, direct access for i
My thesis deals with the VW-Gesetz and its compatibility with the free movement of capital (Art. 56 EC). The whole topic is highly political because Volkswagen is the biggest car-producer in Niedersachsen (Lower Saxony) and provides many jobs in that area. There have been attempts to takeover the company, which have not been successful because the VW-Gesetz includes several provisions, which make
The thesis deals with competition law and sport and is insofar divided into three sections. First, the Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty comes into view. This regulation was set into force on 1 May 2004 and replaced the former regulation 17/62. The main change is not the substance of
The previous substantive test in Article 2(3) of the Merger Regulation 4064/89 had as its cornerstone the concept of dominance. The test that is also referred as dominance test, declared incompatible with the common market concentrations that would create or strengthen a dominant position as a result of which competition would be significantly impeded. The wording of the Article referred initially
The objective of the present work is to study the relationship between the European Commission and the so-called ''civil society'' through policy networks. It is considered whether a fair consultation of specialized partners can increase the level of democratic legitimacy and efficiency in the European Union. This hypothesis is considered in the light of the assumption that risk ma
Design importance in product marketing has been dramatically increasing in the last few years. There is hardly a commodity available in the market which could escape the ever-growing design trend. Consumer design awareness is growing simultaneously and thus more and more companies choose to invest into researching possible design applications to their products. Currently where production costs are
The purpose of this paper is to determine whether the Treaty to Establish a Constitution for Europe contains the basic and essential constitutional values necessary to safeguard citizens' fundamental rights. This is a significant question since any legal instrument that claims to have constitutional values for the benefit of its citizens should contain certain elements that protect its citizen
Gambling and the national gambling markets has so far not been harmonised through any Community law regulation or directive. Instead gambling is covered by the general principles of Community provisions for the free movement of services article 49, and the closely connected article 43 regulating the freedom of establishment. This has been established through the case law of the ECJ. The Member Sta
In the traditional model of international law, to which however reality has never exactly corresponded, situations of armed violence fall into clearly defined categories which in their turn appertained to a certain set of rules of international law applicable. For armed conflicts between sovereign states ('war'), international humanitarian law provides a full body of rules. On the other ha
