Spare Parts and Design Protection – Different Approaches to a Common Problem. Recent Developments from the EU and US Perspective

2020 ◽  
Vol 69 (7) ◽  
pp. 673-692
Author(s):  
Dana Beldiman ◽  
Constantin Blanke-Roeser ◽  
Anna Tischner
Keyword(s):  
Spare Part ◽  
Spare Parts ◽  
Third Party ◽  
Major Significance ◽  
The Us ◽  
Recent Developments ◽  
Eu And Us ◽  
National Economies ◽  
Design Protection ◽  
The Eu

Abstract The market for auto spare parts is of major significance to the national economies of countries with automotive industries. Because original manufacturers (OEMs) hold design protection over spare parts, they tend to monopolize the spare parts aftermarket to the exclusion of third-party producers of replica parts. Spare parts producers argue for liberalization of the market. Governments in spare-part producing countries have been open to this approach, whereas most countries with strong automotive industries have so far rejected it. However, at least on the EU front, the legal debate on whether and how to effect this liberalization, which has been ongoing for almost two decades, is getting closer to a resolution. The German legislator will soon insert a repair clause into the national DesignG on the basis of Art. 14 Design Directive. The new Sec. 40a DesignG will come into force within the first half of 2020 and will be applicable only to designs registered from that point on. The scope of the clause will be limited to form-dependent (i.e. especially must match) parts. This article compares the evolution of the EU position regarding spare parts, including the German draft, and the criticism it received among scholars, to the evolution of the spare parts situation in the US.

scholarly journals LABOUR PROVISIONS IN EU AND US MEGA-REGIONAL TRADE AGREEMENTS: RHETORIC AND REALITY

2018 ◽  
Vol 67 (1) ◽  
pp. 233-253
Author(s):  
Billy Melo Araujo
Keyword(s):  
Trade Agreements ◽  
Regional Trade Agreements ◽  
Regional Trade ◽  
The Us ◽  
Labour Standards ◽  
Eu And Us ◽  
The Eu

AbstractThe EU and the US have long called for the linking of trade and labour standards in trade agreements at both the multilateral and bilateral level. This article examines their practice of including labour provisions in trade agreements, with a particular focus on recent attempts to include such provisions on so-called ‘mega-regionals’, which were presented by their proponents as providing the benchmark for labour protection in future trade agreements. It discusses the rationale behind the inclusion of such provisions and their practical limitations, and examines the extent to which mega-regionals address these limitations. It is argued that whilst the EU and the US have been keen advocates for trade-labour linkages, there has also been an unwillingness to convert this rhetoric into practice, raising questions about the extent of their commitment to these values.

Growth and Productivity Accounts from EU KLEMS: An Overview

2007 ◽  
Vol 200 ◽  
pp. 64-78 ◽  
Author(s):  
Marcel P. Timmer ◽  
Mary O'Mahony ◽  
Bart van Ark
Keyword(s):  
Productivity Growth ◽  
Data Sources ◽  
Preliminary Results ◽  
Eu Countries ◽  
The Us ◽  
Eu And Us ◽  
The Eu

This paper gives an overview of the construction of and preliminary results from the EU KLEMS database which contains industry estimates of output, input and productivity growth for EU countries. The paper begins with a discussion of methodology and data sources covering output and intermediates, capital and labour services. The content and scope of the database is then briefly described. This is followed by a discussion of preliminary results focusing on comparisons between the EU and US. These confirm the relatively poor productivity performance of the EU relative to the US since the mid-1990s, mostly driven by low productivity growth in market services.

scholarly journals COST-EFFECTIVENESS OF POST-AUTOTRANSPLANT LENALIDOMIDE IN PERSONS WITH MULTIPLE MYELOMA.

2021 ◽  
Vol 13 (1) ◽  
Author(s):  
Monia Marchetti ◽  
Robert Peter Gale ◽  
Giovanni Barosi
Keyword(s):  
Cost Effectiveness ◽  
Progression Free Survival ◽  
Published Data ◽  
Fixed Duration ◽  
Health States ◽  
Life Years ◽  
The Us ◽  
Markov Decision Model ◽  
Eu And Us ◽  
The Eu

Considerable data indicate posttransplant lenalidomide prolongs progression-free survival and probably survival after an autotransplant for plasma cell myeloma (PCM).  However, optimal therapy duration is unknown, controversial and differs in the EU and US.  We compared outcomes and cost-effectiveness of 3 posttransplant lenalidomide strategies in EU and US settings: (1) none; (2) until failure; and (3) 2-year fixed duration.  We used a Markov decision model which included 6 health states and informed by published data.  The model estimated the strategy of lenalidomide given to failure achieved 1.06 quality-adjusted life years (QALYs) at costs per QALY gained of €29,232 in the EU   and $133,401 in the US settings.  Two-year fixed-duration lenalidomide averted €7,286 per QALY gained in the EU setting and saved 0.84 QALYs at $60,835 per QALY gained in the US setting.  These extremely divergent costs per QALY in the EU and US settings resulted from large differences in costs of posttransplant lenalidomide and of 2nd-line therapies driven by whether posttransplant failure was on- or off-lenalidomide.  In Monte Carlo simulation analyses which allowed us to account for variability of inputs, 2-year fixed-duration lenalidomide remained the preferred strategy for improving health-care sustainability in the EU and US settings.

The law applicable to third-party effects of assignments of claims: the UN Convention and the EU Commission Proposal compared

2019 ◽  
Vol 24 (4) ◽  
pp. 609-632
Author(s):  
Spyridon V Bazinas
Keyword(s):  
Third Party ◽  
The Third ◽  
The Us ◽  
United Nations Convention ◽  
The Law ◽  
The Third Party ◽  
Draft Regulation ◽  
Proposed Regulation ◽  
Eu Commission ◽  
The Eu

Abstract In October 2019, the U.S. ratified the United Nations Convention on the Assignment of Receivables in International Trade (the “Convention”) by the US, thus creating a new impetus for the broad adoption and entry into force of the Convention and with that for the facilitation of international receivables finance. In March 2018, the E.U. Commission issued a Proposal for a Regulation of the European Parliament and of the Council on the law applicable to the third-party effects of assignments of claims (the “Commission Proposal” or “Proposal”). The Commission Proposal includes a first draft of the proposed Regulation (the “draft Regulation”). An alignment of the main rule of the draft Regulation with the equivalent rule in the Convention could result in an internationally uniform conflict-of-laws rule on this matter, which would remove the legal divergences existing among legal systems and reduce the uncertainty as to the law applicable to the third-party effects of assignments of claims. The purpose of this article is to compare the relevant rules of the Convention and the draft Regulation, determine whether this coordinated approach is achieved and, if not, make suggestions as to how it can be achieved to the benefit of all parties involved in international receivables finance.

scholarly journals The Role of Political Culture in Shaping Canadian, EU and US Disarmament Initiatives

2007 ◽  
Vol 3 (3) ◽  
Author(s):  
Rouba Al-Fattal
Keyword(s):  
Political Culture ◽  
Soft Power ◽  
The European Union ◽  
Security Issues ◽  
The Past ◽  
The Us ◽  
Foreign Policies ◽  
Eu And Us ◽  
The Eu

Canada and the European Union (EU) share, to a certain extent, a similar political culture, one based on multilateralism and the use of soft power. Nevertheless, over the past fifteen years Canada has been sometimes adopting disarmament policies that are similar to those of the EU and different from those of the US, while in other times it has been adopting policies that are similar to those of the US and different from those of the EU. This indicates that similarity in political culture alone is not sufficient enough to create convergence on foreign policies and that certain conditions must first be met for political culture to take precedence over neorealist explanations when dealing with security issues. Using Canadian, EU and US decisions on the issues of anti-personnel landmines and Iranian nuclear proliferation dilemma as case studies, this article analyses the conditions under which political culture plays a role in forming similar security policies.

scholarly journals Importance and Comparative Advantages of the EU and US Agri-food Sector in World Trade in 1995-2015

2017 ◽  
Vol 17(32) (4) ◽  
pp. 236-248
Author(s):  
Karolina Pawlak
Keyword(s):  
Comparative Advantage ◽  
World Trade ◽  
Trade Balance ◽  
Animal Origin ◽  
Food Sector ◽  
Eu Countries ◽  
The Us ◽  
Comparative Advantages ◽  
Eu And Us ◽  
The Eu

The aim of the paper was to examine the evolution of the importance and comparative advantages of the EU and US agri-food sector in world trade in 1995-2015. The research is based on data from UNCTAD (United Nations Conference on Trade and Development) resources. The following indicators were used in the comparative advantage analysis: Balassa’s Revealed Comparative Advantage (RCA), Vollrath’s Revealed Competitiveness (RC), the Revealed Symmetric Comparative Advantage (RSCA), and the Lafay’s Trade Balance Index (TBI). In 1995-2015, the EU countries and the US were the largest players of world trade in agri-food products. The EU countries held comparative advantages in the global market as regards exports of products of animal origin whereas the exports of cereals, preparations of cereals, oilseeds and oleaginous fruits and meat products were the source of revealed comparative advantages for the US. Both the EU countries and the US reached high comparative advantages in trade in those assortment groups which corresponded to their highest shares in global exports and generated a high, consistently increasing positive trade balance. Therefore, their comparative advantages were the source of their favourable export specialisation profile, which is consistent with the classical comparative costs principle.

Administrative Law and Multi-Level Administration: An EU and US Comparison

2009 ◽  
Vol 11 ◽  
pp. 211-246
Author(s):  
Catherine Donnelly
Keyword(s):  
The United States ◽  
Administrative Law ◽  
The European Union ◽  
Member States ◽  
Us States ◽  
The Us ◽  
Multi Level ◽  
Eu And Us ◽  
The Impact ◽  
The Eu

AbstractThe aim of this chapter is to assess what, if anything, administrative law can demonstrate about multi-level administration in the European Union and the United States. The particular focus of the examination is not on the content of administrative law in each legal order, but rather on the impact of EU and US federal administrative law on the Member States and US States respectively. It will be seen that, while US federal administrative law has primarily only influential effect on US States, EU administrative law is often binding on Member States. This observation challenges presumptions often made, particularly in political science, as to the degrees of inter-penetration in administration in the EU and the US. It will be argued that the cause of divergence is largely derived from differing judicial attitudes as to the fundamental tenets of the co-operation between the different levels of administration, and indeed, more general understandings of federalism in the two jurisdictions. In this way, this study also provides a useful prism through which to consider integration in the EU and US more broadly.

CLIMATE GOVERNANCE TOWARDS “PARIS-2015” AND BEYOND: EU AND US PERSPECTIVES

2015 ◽  
Vol 24 (1) ◽  
pp. 143-158
Author(s):  
Christine Bakker
Keyword(s):  
Emission Trading ◽  
The United States ◽  
The European Union ◽  
Legal Norms ◽  
International Response ◽  
Adoption And Implementation ◽  
The Us ◽  
Eu And Us ◽  
Trading Scheme ◽  
The Eu

In view of the Paris Climate Conference in December 2015, where the adoption of a universal, binding climate agreement is foreseen, this note examines the respective roles of the European Union (EU) and the United States (US) in shaping the international response to climate change, and considers the prospects for the adoption and implementation of such a new climate agreement. It considers how the EU and the US have contributed to the design and implementation of the relevant international legal norms, addressing the shift in leadership from the US to the EU in the 1990s, EU activism through the Emission Trading Scheme (ETS) and ambitious emission reductions, and the renewed commitment from the Obama Administration since 2013, including US-China cooperation. This article discusses the EU and US perspectives on the adoption and implementation of a new climate agreement, focusing on its legally binding nature. The author concludes that an adequate system of monitoring and verification mechanisms at the domestic and international levels is a conditio sine qua non for any new climate agreement. A system of “checks and balances”, limiting the role of international law to one offacilitation, rather than prescription, may be the first step towards an innovative and more effective normative framework.

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