1. Introduction to intellectual property and common themes

Author(s):  
Tim Press

This book focuses on intellectual property (IP) rights as they apply in the UK, including rights created by the EU. Legal systems around the world have seen fit to create these rights or causes of action to protect intangible concepts such as inventions, literature, brands, designs, and so on. It is said that IP protects the products of the mind, but that does not really apply to brand protection or to the protection of some types of information. As IP rights are so diverse, the theoretical bases for legal protection vary and are dealt with separately in their relevant chapters. However, there are some common approaches, namely, the neo-classical micro-economic theory, rights-based, and other approaches. Common legal topics are dealt with here as they affect more than one IP right. Particular issues flowing from them will be mentioned in the following chapters.

Author(s):  
Tim Press

This book focuses on intellectual property (IP) rights as they apply in the UK, including rights created by the EU. Legal systems around the world have seen fit to create these rights or causes of action to protect intangible concepts such as inventions, literature, brands, designs, and so on. It is said that IP protects the products of the mind, but that does not really apply to brand protection or to the protection of some types of information. As IP rights are so diverse, the theoretical bases for legal protection vary and are dealt with separately in their relevant chapters. However, there are some common approaches, namely, the neo-classical micro-economic theory, rights-based, and other approaches. Common legal topics are dealt with here as they affect more than one IP right. Particular issues flowing from them will be mentioned in the following chapters.


2020 ◽  
pp. 192-217
Author(s):  
Ramunė Steponavičiūtė

Intellectual property legal protection is undoubtedly one of the most important factors and conditions of effective economic, social and cultural development in modern society. According to researchers, absolute majority of countries in the world have set criminal liability for certain crimes against intellectual property rights, including all of the European Union (hereinafter – EU) countries. One of those crimes is misappropriation of authorship. Yet the criminal laws of EU countries criminalise misappropriation of authorship very differently - some protect not only author rights but also related rights, the conditions for criminal liability in the general corpus delicti are of a very different scope as well as the punishments for those crimes differ significantly. This analysis will present the scope of criminal liability in all the EU countries, including the reasons why, as well as will try to find the answer whether ways of coping with these difficulties exist.


2020 ◽  
Vol 9 (2) ◽  
pp. 421-446
Author(s):  
Alla Kyryliuk ◽  
Viktoriia Lysenko ◽  
Alina Podolieva

The purpose of the study is to find out the place of the blog in the field of copyright; identification the most pressing problems that may arise as a result of blogging; and finding the most effective approaches and options to solve the above problems. The object of research is the system of national and foreign legislation, legal doctrine, bills in the field of intellectual property, and copyright. Empirical methods such as observation and description and theoretical methods such as analysis, synthesis, generalization, and explanation were used in this work. The work has the following structure: first, it takes care of the differences in understanding of copyright regulation in different legal systems, the world experience in regulating intellectual property, and its history. Then, blog copyrights are analyzed, as well as online copyright infringement, ways to protect content, and some other actual realities.  As a result of the study of the intellectual property legislation that governs this subject—in particular, in the field of copyright and related rights—there is a clarification of the notion of “blog” and the regulation that governs blogging in Ukraine is identified. In addition, some practical recommendations were given to bloggers on legal protection of their copyrights.


2021 ◽  
pp. 21-47
Author(s):  
Michael Dougan

This chapter sets out the basic constitutional framework, under EU law, governing the withdrawal of a Member State. Article 50 of the Treaty on European Union recognizes the sovereign right of any State to leave the EU and sets out a process for agreeing the terms of an orderly departure. But Brexit also required the EU and the UK to undertake extensive internal preparations, to ensure their own legal systems were ready for the UK’s departure. Moreover, Article 50 itself is drafted in only brief and sketchy terms, leaving many important decisions about Brexit to be worked out in practice. And EU law allows for other final outcomes to the withdrawal process—including a ‘no deal Brexit’; or the UK’s right to ‘revoke and remain’ under the Wightman ruling.


2009 ◽  
pp. 2616-2631
Author(s):  
Davide Mula ◽  
Mirko Luca Lobina

Nowadays the Web page is one of the most common medium used by people, institutions, and companies to promote themselves, to share knowledge, and to get through to every body in every part of the world. In spite of that, the Web page does not entitle one to a specific legal protection and because of this, every investment of time and money that stays off-stage is not protected by an unlawfully used. Seeing that no country in the world has a specific legislation on this issue in this chapter, we develop a theory that wants to give legal protection to Web pages using laws and treatment that are just present. In particular, we have developed a theory that considers Web pages as a database, so extends a database’s legal protection to Web pages. We start to analyze each component of a database and to find them in a Web page so that we can compare those juridical goods. After that, we analyze present legislation concerning databases and in particular, World Intellectual Property Organization Copyright Treatments and European Directive 96/92/CE, which we consider as the better legislation in this field. In the end, we line future trends that seem to appreciate and apply our theory.


2019 ◽  
Vol 11 (2) ◽  
pp. 488 ◽  
Author(s):  
Paola Fezzigna ◽  
Simone Borghesi ◽  
Dario Caro

International trade shifts production of a large amount of carbon dioxide (CO2) emissions embodied in traded goods from the importing country to the exporting country. The European Union (EU) plays a prominent role in the flow of international-related emissions as it accounts for the second largest share of global exports and imports of goods. Consumption-based accountings (CBA) emerged as alternative to the traditional emission inventories based on the Intergovernmental Panel on Climate Change (IPCC) guidelines. According to the IPCC criteria, countries where products are consumed take no responsibility for the emissions produced by exporter countries, thus neglecting the emissions embodied in trade. By taking this aspect into account, CBA are considered of great importance in revealing emissions attributed to the final consumer. Using a CBA approach, this paper evaluates the impact of international trade in the EU in terms of CO2 emissions, looking both at the internal trade flows within the EU-28 and at the external trade flows between the EU and the rest of the world during the period 2012–2015. We find that the EU is a net importer of emissions as its emissions due to consumption exceed those due to production. In particular, in 2015 the ratio between import- and export-embodied emissions was more than 3:1 for the EU-28 that imported 1317 Mt CO2 from the rest of the world (mainly from China and Russia) while exporting only 424 Mt CO2. Concerning emissions flows among EU countries, Germany represents the largest importer, followed by the UK. To get a deeper understanding on possible environmental implications of Brexit on UK emission responsibilities, the paper also advances a few hypotheses on how trade flows could change based on the existing trade patterns of the UK. Data analysis shows that a 10% shift of UK imports from EU partners to its main non-EU trading partners (India, China, and US) would increase its emission responsibility by 5%. The increase in UK emission responsibility would more than double (+11%) in case of a 30% shift of UK imports. Similar results would apply if UK replaced its current EU partners with its main Commonwealth trading partners as a result of Brexit.


Weed Science ◽  
1986 ◽  
Vol 34 (S1) ◽  
pp. 43-49 ◽  
Author(s):  
Roman Saliwanchik

Legal protection of intellectual property is a requisite to the commercialization of the intellectual property and to the conferring of proper reward to the true owner of the property. Simplistically stated, this situation with regard to intellectual property is no different from the legal protection of a variety of properties, for example, home, land, or automobile. Laws have been established in the various countries of the world that are structured specifically to attain the desired goal of legally protecting property interests. In the intellectual property field, wherein we talk about property such as new inventions, we enter an area of not only protecting the legal rights of the property owner but also insuring the position of the public with respect to the eventual unlimited use of new inventions.


2005 ◽  
Vol 8 (3) ◽  
pp. 275-285 ◽  
Author(s):  
David A. Nethercot

For more than 35 years the author has been directly involved with the preparation of Structural Steel Design Codes – both in the UK and, more widely, in the EU. This activity has also extended to include direct association with Code developments in several other countries around the world e.g. South Africa, Hong Kong etc. plus observation of the process in many places. Utilising the UK position as the timeline, this paper presents a largely personal view of developments over the past 100 years, beginning in the pre-code era and culminating in today's age of international cooperation.


2020 ◽  
Vol 83 ◽  
pp. 01013
Author(s):  
Mária Dzúrová

Consumer protection is a very wide-ranging issue and needs to be given due attention. It concerns the safety of consumers in the environment of individual countries of the world, it concerns the consumer safety of certain groups, such as the European Union. The basic frameworks of consumer protection are set by the guidelines of world organizations - the UN, WHO, but also the European Union and individual member states. In the area of consumer protection, attention is paid to major health problems caused by unsuitable food, such as food scandals, various types of diseases - mad cow disease, swine fever, covid 19.


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