scholarly journals The EU Embraces Enhanced Cooperation In Patent Matters: Towards A Unitary Patent Protection System

2011 ◽  
Vol 2 (3) ◽  
pp. 416-420 ◽  
Author(s):  
Enrico Bonadio
Keyword(s):  
European Union ◽  
Patent Protection ◽  
Protection System ◽  
The European Union ◽  
Legislative Proposals ◽  
A Priority ◽  
Unitary Patent ◽  
The Eu

On 13 April 2011 the Commission tabled a package of two legislative proposals implementing enhanced cooperation in the field of unitary patent protection and translation arrangements. Such proposals have subsequently been agreed upon by the EU ministers in an Extraordinary Competitiveness Council on 27 June 2011. Patent protection is indeed key to the European Union (EU) and constitutes a priority in EU institutions’ agenda, as it is capable of stimulating innovation and competitiveness.

scholarly journals From the Unitary Patent Package to a Federal EU Patent Law

2018 ◽  
Vol 10 (1) ◽  
pp. 126-146
Author(s):  
Juliana Almeida ◽  
Guilherme Oliveira e Costa
Keyword(s):  
Patent Protection ◽  
Technological Development ◽  
Patent Law ◽  
International Agreement ◽  
The European Union ◽  
Member States ◽  
Cooperation Mechanism ◽  
Unitary Patent ◽  
The Eu ◽  
Scientific And Technological Development

Abstract For the last forty years, the European Union has been pursuing the goal of a unified system of patent law, which would make it possible for an invention to be protected, by EU law, throughout the territory of the Member-States, with a single application. This would simplify the patent protection system, making it easier, less costly and more secure, and would facilitate access to the internal market and promote scientific and technological development. However, problems might arise because of the plurality of legal sources that could be involved and due to the fact that not all countries want to be part of this new system. Nevertheless, the involvement of the majority of the Member-States in the Unitary Patent Package, through participating in an international agreement and in using the EU’s enhanced cooperation mechanism, is evidence of federalist manifestations of the EU as a sui generis organisation.

scholarly journals THE PROBLEM OF THE "DEFICIT OF DEMOCRACY" AND ITS OVERCOMING IN THE EUROPEAN UNION

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Sofiia Vovk ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
National Level ◽  
Lisbon Treaty ◽  
Democratic Deficit ◽  
The European Union ◽  
European Citizenship ◽  
Legislative Proposals ◽  
Institutional System ◽  
The Eu

The article analyzes the approaches to the interpretation of the term "democracy deficit", which takes place in the modern European discourse of integration. It is concluded that in the framework of the first approach, the "deficit of democracy" is linked to the problem of the legitimacy of decisions taken by the "pan-European center". As part of the second with a number of distortions that are prone to a democratic form of government in developed democracies. The causes and conditions of the "democracy deficit" are considered. The peculiarities of legal instruments of citizens' influence on the functioning of the European Union and the problem of the "democracy deficit" at the present stage of its development are considered. The reasons and conditions of "deficit of democracy" emerged, ways of solving this problem were analyzed. The particularities of legal instruments of citizens’ influence on the functioning of European Union and the problem of «democratic deficit» at the modern stage of its development. It is emphasized in the article, that the problem of «democratic deficit» remains a key problem of the EU institutional system and EU decision-making. Legal amendments of the EU founding treaties were provided to minimize the problem of «democratic deficit». The most important changes were determined with the Lisbon Treaty, which fixed several effective legal remedies. For instance, the legislative power of the European Parliament as the unique legitimist institution elected directly by citizens was increased. Changes included the change in calculating such a majority to a new double majority based on in the principle of representation of citizens in the Council of Ministers. The Treaty of Lisbon expanded the role of Member States’ parliaments in the legislative processes of the EU by giving them a prior scrutiny of legislative proposals before the Council and the Parliament can take a position and some control powers. One of the major innovations introduced by the Lisbon Treaty and aims at involving citizens more closely in agenda-setting at EU level is the European citizens’ initiative. The specific character of the EU institutional system and lack of some legal mechanisms of citizens’ participation in the process of EU decision-making, similar to those of national level, demonstrates the existence of the problem of «democratic deficit». Nevertheless modern legislation of EU proves that there is no ground to make a conclusion about weakness of political scope of the European citizenship.

scholarly journals Protection of the Rights of Subjects of Scientific and Technological Activity: Oracle v. Google

Lex Russica ◽  
2019 ◽  
pp. 138-147
Author(s):  
A. G. Barabashev ◽  
A. M. Kamalyan ◽  
D. V. Ponomareva
Keyword(s):  
European Union ◽  
Patent Protection ◽  
The European Union ◽  
Program Code ◽  
Software Developers ◽  
Intellectual Activity ◽  
Technological Activity ◽  
Court Of Justice ◽  
The Impact ◽  
The Eu

The focus of this paper is one of the key cases in the field of protection of the results of intellectual activity considered by foreign courts in recent years — the «Oracle v. Google» case. The authors analyze the background of the case, focus on the main conclusions made by the American court in the course of the dispute. Particular attention is given to the protection of copyright in relation to the lines of code, as well as aspects of patent protection. The authors assess the conclusions of «American Themis» and forecast the impact of this decision on the protection of the rights of subjects of scientific and technological activity. In the context of Oracle v. Google the authors compare the practice of the Court of Justice of the EU as a judicial institution of the European Union. In particular, following the case of SAS Institute Inc. v World Programming Ltd, which is under consideration in the Court of the EU, the authors compare the American and European approaches to the problem of protection of the program code by legal means. In conclusion, the authors attempt to identify the possible risks for the subjects of scientific and technological activities (primarily for software developers) inherent in the decision in the case of Oracle v Google.

Did the Court of Justice of the European Union Solve the Puzzle by Declaring the Rubik’s Cube Trademark Invalid?

2020 ◽  
Vol 69 (12) ◽  
pp. 1217-1233
Author(s):  
Borbála Lili Kováts
Keyword(s):  
European Union ◽  
Patent Protection ◽  
Three Dimensional ◽  
The European Union ◽  
Distinctive Character ◽  
Court Of Justice ◽  
Rubik's Cube ◽  
Rubik’S Cube ◽  
Key Issues ◽  
The Eu

Abstract In 1995, the patent protection for the internationally famous Rubik’s Cube expired. Ernő Rubik, the Hungarian inventor of the three-dimensional puzzle, had to find an alternative way to maintain his monopoly on the market and thus had the shape of the Cube registered as a 3D Community trademark in 1996. However, the idea of perpetuating the exclusive rights related to the Rubik’s Cube only proved to be successful for ten years, as in 2006 Simba Toys GmbH & Co. KG, a German competitor of Rubik, filed an application for declaration of invalidity against the 3D Rubik’s Cube trademark. The application was based on the lack of distinctive character, descriptiveness and functionality of the 3D trademark. This was rejected by OHIM. The invalidity case ended up before the Court of Justice of the European Union, upon the appeal of the German competitor. The Court found that the Rubik’s Cube trademarks should have been declared invalid, and transferred the case back to OHIM, which then had to bring a new decision that was in line with the interpretation of the CJEU. The study analyses the two rounds of invalidity proceedings, the key issues which emerged throughout the case, the interpretation of functionality by OHIM and the CJEU, and the legal background and the prospect for 3D shape marks in the EU.

scholarly journals Problematyka wybranych zagadnień jednolitej ochrony patentowej

Radca Prawny ◽  
2021 ◽  
pp. 191-217
Author(s):  
Tomasz Orfin
Keyword(s):  
European Union ◽  
Patent Protection ◽  
Negative Impact ◽  
European Patent ◽  
The European Union ◽  
Full Implementation ◽  
Legal Structure ◽  
Proposed Model ◽  
Unified Patent Court ◽  
Unitary Patent

Problems related to selected issues of unitary patent protection Unitary patent protection is one of the key challenges for the European Union. The current initiatives, which – despite being just a short step away from full implementation due to legal and formal issues, such as the complex legal structure or non-legal claims concerning their negative impact on the economy and competitiveness of enterprises – still raise doubts and uncertainties. The aim of this article is to illustrate the problem of unitary patent protection on selected issues concerning the European patent with unitary effect and the Unified Patent Court. The obstacles that prevent the implementation of the Unified Patent Court are presented. Critical voices assessing the proposed model of unitary patent protection are also presented and discussed.

scholarly journals The future of the European Migration and Asylum Policy

2021 ◽  
pp. 54-62
Author(s):  
Judyta Cabańska
Keyword(s):  
European Union ◽  
Refugee Crisis ◽  
The European Union ◽  
Asylum Policy ◽  
New Approach ◽  
Force Majeure ◽  
The Future ◽  
Legislative Proposals ◽  
The Impact ◽  
The Eu

Purpose: Migration is acomplex issue, with many facets that need to be weighed. Five years after the 2015 refugee crisis and the European Agenda on Migration, the EU still lacks a common migration and asylum policy. The aim of the chapter is to discuss the future of the migration and asylum policy in the European Union. Design/methodology/approach: The chapter analyzes the current migration situation in Europe, the impact of Covid-19 on migratory flows in Europe, challenges faced by the EU, and legislative initiatives proposed under the New Pact on Migration and Asylum. The text indicates key challenges related to migration faced by the European Union and provides an overview of the legislative proposals that seek to address the identified gaps. Findings: Covid-19 pandemic highlighted the need for the EU to be prepared to address situations of force majeure and broader crises, which impact migration and asylum management systems. The Pact on Migration and Asylum sets out the Commission’s new approach to migration, addresses border management, and ensures more coherence to integrate the internal and external dimensions of migration policies. Originality and value: The chapter attempts to contribute to the literature on international migration by delivering analysis results of Covid-19 pandemic’s impact on the migration flows in Europe and the analysis of EU’s new approach to migration and asylum policy.

scholarly journals Government Responsiveness in the European Union: Evidence From Council Voting

2016 ◽  
Vol 50 (6) ◽  
pp. 850-876 ◽  
Author(s):  
Sara Hagemann ◽  
Sara B. Hobolt ◽  
Christopher Wratil
Keyword(s):  
European Union ◽  
Public Opinion ◽  
The European Union ◽  
Political Debate ◽  
Data Set ◽  
Public Preferences ◽  
Electoral Incentives ◽  
Legislative Proposals ◽  
Government Responsiveness ◽  
The Eu

Are governments responsive to public preferences when legislating in international organizations? This article demonstrates that governments respond to domestic public opinion even when acting at the international level. Specifically, we examine conflict in the European Union’s primary legislative body, the Council of the European Union (EU). We argue that domestic electoral incentives compel governments to react to public opinion. Analyzing a unique data set on all legislative decisions adopted in the Council since 1999, we show that governments are more likely to oppose legislative proposals that extend the level and scope of EU authority when their domestic electorates are skeptical about the EU. We also find that governments are more responsive when the issue of European integration is salient in domestic party politics. Our findings demonstrate that governments can use the international stage to signal their responsiveness to public concerns and that such signals resonate in the domestic political debate.

A New Agency Is Born in the European Union: The European Asylum Support Office

2010 ◽  
Vol 12 (4) ◽  
pp. 373-405 ◽  
Author(s):  
Françoise Comte
Keyword(s):  
European Union ◽  
Point Of View ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
Monitoring Centre ◽  
European Regulatory ◽  
Legislative Proposals ◽  
Institutional Landscape ◽  
The Eu

AbstractOn 19 May 2010, the Spanish Minister for the Interior, Alfredo Pérez Rubalcaba and the President of the European Parliament, Jerzy Buzek, signed the Regulation establishing the European Asylum Support Office. This Regulation allows the creation of a new European regulatory agency into the EU institutional landscape. The Office, a fledgling agency, is one of the active agencies in the home affairs sector: FRONTEX, the Monitoring Centre for Drugs and Drug Addiction, EUROPOL, CEPOL and EUROJUST. The founding regulation of the Office is the first legal instrument, adopted as part of legislative proposals recently introduced by the European Commission in the asylum area. This allows an old project to achieve its purpose, by creating a structure primarily designed to support Member States of the European Union in their efforts to bring closer national practices in the field of asylum. If EASO’s founding Regulation can meet this first concern of the Member States, it can also in many ways be considered as a breakthrough in European law, from an institutional, as well as from a substantive point of view. This article intends to examine these elements.

Russia - European Union: The continuation ofthe sanctions standoff

2017 ◽  
pp. 114-127
Author(s):  
M. Klinova ◽  
E. Sidorova
Keyword(s):  
European Union ◽  
Economic Recession ◽  
Economic Sanctions ◽  
Current Data ◽  
The State ◽  
The European Union ◽  
The Impact ◽  
The Eu ◽  
Year 2013

The article deals with economic sanctions and their impact on the state and prospects of the neighboring partner economies - the European Union (EU) and Russia. It provides comparisons of current data with that of the year 2013 (before sanctions) to demonstrate the impact of sanctions on both sides. Despite the fact that Russia remains the EU’s key partner, it came out of the first three partners of the EU. The current economic recession is caused by different reasons, not only by sanctions. Both the EU and Russia have internal problems, which the sanctions confrontation only exacerbates. The article emphasizes the need for a speedy restoration of cooperation.

Şura Mare cave (Romania) - the most important known hibernating roost for Pipistrellus pygmaeus Leach, 1825 (Chiroptera: Vespertilionidae)

2010 ◽  
Vol 53 (1) ◽  
pp. 329-338 ◽  
Author(s):  
Dumitru Murariu ◽  
Victor Gheorghiu
Keyword(s):  
European Union ◽  
The European Union ◽  
Rhinolophus Ferrumequinum ◽  
Pipistrellus Pipistrellus ◽  
Myotis Myotis ◽  
European Union Legislation ◽  
A Priority ◽  
Prevalent Species

Şura Mare cave (Romania) - the most important known hibernating roost for Pipistrellus pygmaeus Leach, 1825 (Chiroptera: Vespertilionidae) The Sura Mare cave from Romania is one of the largest roost for hibernating colonies of bats with more than 40,000 individuals. Pipistrellus pipistrellus and P. pygmaeus are prevalent species with more than 34,000 individuals in mixed colonies. Other 6 bat species are less represented (e.g. Rhinolophus ferrumequinum only 500 individuals) but Miniopterus schreibersii's colony counts 3,500 individuals. From the total of 8 identified bat species, 5 are a priority according to the European Union legislation: Rhinolophus ferrumequinum, Myotis myotis, M. oxygnathus, Barbastella barbastellus and Miniopterus schreibersii.

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