scholarly journals Intellectual Property Law and Extra-Contractual Liability

2021 ◽  
pp. 82-95
Author(s):  
Giancarlo Frosio
Keyword(s):  
Intellectual Property ◽  
Common Law ◽  
The United States ◽  
The European Union ◽  
Trademark Infringement ◽  
The World ◽  
Emerging Issues ◽  
Intermediary Liability ◽  
Intellectual Property Infringement ◽  
Platform Economy

This chapter discusses intellectual property (IP) and extra-contractual liability by highlighting general comparative analysis issues within civil and common law systems, with some consideration given also to major theoretical clusters that might influence the different legal regimes. The chapter focuses on emerging issues of extra-contractual liability for intellectual property infringement in the platform economy, with special emphasis on copyright and trademark infringement, seeking to co-ordinate miscellaneous approaches from the United States (US), the European Union (EU), and selected European countries’ experiences. In doing so, this chapter highlights research and methodological issues related to limited harmonization at a regional level in secondary and extra-contractual liability doctrines when applied to IP. Finally, this chapter describes the World Intermediary Liability Maps (WILMap) as an attempt to provide consistency within a fragmented research framework while also presenting other miscellaneous endeavours seeking the same goal.

Germany's relations with the United States and China from a strategic triangle perspective

2021 ◽  
Author(s):  
Sebastian Biba
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
Great Power ◽  
The European Union ◽  
Bilateral Relations ◽  
Puzzle Piece ◽  
The Us ◽  
The World ◽  
Angela Merkel

Abstract As the Sino-American Great Power competition continues to intensify, newly-elected US President Joe Biden's administration now seeks to enlist the support of its allies and partners around the world. As Europe's largest economy and a, if not the, leading voice within the European Union, Germany represents an important puzzle-piece for Biden. But Germany, at least under outgoing chancellor Angela Merkel, has been reluctant to take sides. It is against this backdrop that this article looks into Germany's past and present trilateral relationships with the US and China through the theoretical lens of the so-called strategic triangle approach. Applying this approach, the article seeks to trace and explain German behaviour, as well as to elucidate the opportunities and pitfalls that have come with it. The article demonstrates that Germany's recently gained position as a ‘pivot’ (two positive bilateral relationships) between the US and Chinese ‘wings’ (positive bilateral relations with Germany and negative bilateral relations with each other) is desirable from the perspective of the strategic triangle. At the same time, being pivot is also challenging and hard to maintain. Alternative options, such as entering a US–German ‘marriage’ directed against China, are also problematic. The article therefore concludes that Germany has tough decisions to take going forward.

scholarly journals Cooperation and Coopetition as a Tools Which Could Improve Leading Startups all over the World

2017 ◽  
Vol 11 (2) ◽  
pp. 228
Author(s):  
Aneta Ejsmont
Keyword(s):  
United States ◽  
The United States ◽  
Good News ◽  
The European Union ◽  
The United Kingdom ◽  
The World ◽  
The Usa ◽  
Leading Position ◽  
Foreign Sale ◽  
The Moment

Building own business is a long-term and laborious process. A person who leads a startup tries to start with building own business by taking first steps toward financial independence. Analyzing conditions in Poland, on average every second startup sells its services abroad, admittedly it is good news, although half of them do not export at all. Half of the startups which export their services and goods generates more than 50% of their revenues outside Poland. Very interesting is the fact that 60% of exporters have conducted their foreign sale since the moment of establishing their business. On which markets do they sell their services? It turns out that the most popular are markets in the European Union (54%), including the United Kingdom 14% and Germany 9%. Only about 25% of Polish startups exports their products and services to the United States. Taking the United States into consideration, in 2008 the USA lost their leading position in the number of startups which are newly created and achieving success in business. Currently in terms of the number of new startups the USA is on a quite distant place after Denmark, Finland, Sweden, Hungary, New Zealand, Israel or Italy. In short, more companies were closed than created, so it was, as a matter of fact, like in Poland. Therefore, the condition to improve the development of startups both from Poland and other countries all the world is to increase cooperation and coopetition.

scholarly journals World trade and regional trade orientation in the context of forthcoming transatlantic trade and investment partnership

Equilibrium ◽  
2015 ◽  
Vol 10 (3) ◽  
pp. 105 ◽  
Author(s):  
Elżbieta Czarny ◽  
Paweł Folfas
Keyword(s):  
World Trade ◽  
World Economy ◽  
Dominant Role ◽  
The United States ◽  
The European Union ◽  
Regional Trade ◽  
The World ◽  
Trade And Investment ◽  
The U.S ◽  
The Eu

We analyse potential consequences of the forthcoming Trade and Investment Partnership between the European Union and the United States (TTIP) for trade orientation of both partners. We do it so with along with the short analysis of the characteristics of the third wave of regionalism and the TTIP position in this process as well as the dominant role of the EU and the U.S. in the world economy – especially – in the world trade. Next, we study trade orientation of the hypothetical region created in result of TTIP. We use regional trade introversion index (RTII) to analyze trade between the EU and the U.S. that has taken place until now to get familiar with the potential changes caused by liberalization of trade between both partners. We analyze RTII for mutual trade of the EU and the U.S. Then, we apply disaggregated data to analyze and compare selected partial RTII (e.g. for trade in final and intermediate goods as well as goods produced in the main sectors of economy like agriculture or manufacturing). The analysis of the TTIP region’s orientation of trade based on the historical data from the period 1999-2012 revealed several conclusions. Nowadays, the trade between the EU and the U.S. is constrained by the protection applied by both partners. Trade liberalization constituting one necessary part of TTIP will surely help to intensify this trade. The factor of special concern is trade of agricultural products which is most constrained and will hardly be fully liberalized even within a framework of TTIP. Simultaneously, both parties are even now trading relatively intensively with intermediaries, which are often less protected than the average of the economy for the sake of development of final goods’ production. The manufactured goods are traded relatively often as well, mainly in consequence of their poor protection after many successful liberalization steps in the framework of GATT/WTO. Consequently, we point out that in many respects the TTIP will be important not only for its participants, but for the whole world economy as well. TTIP appears to be an economic and political project with serious consequences for the world economy and politics.

The Mechanism of Shifting From Direct Monetary Policies to Indirect Monetary Policies

2021 ◽  
Vol 39 (11) ◽  
Author(s):  
Saad Khalaf ◽  
Abdul Rahman Abdul Ridha ◽  
Hussein Habeeb
Keyword(s):  
Interest Rate ◽  
Main Tool ◽  
The United States ◽  
The European Union ◽  
Monetary Policies ◽  
Policy Makers ◽  
The United Kingdom ◽  
The World ◽  
New Policies ◽  
The Interest Rate

After 2008, a new term appeared on monetary policies after the direct monetary policies failed to reach a solution to the economic deficit that occurred in the economies of many countries, especially after the mortgage crisis that plagued the financial markets in most countries of the world, as these countries tried to reduce the interest rate to Zero or close to it in order to move the economy, but it did not respond despite the fact that the interest rate is the main tool and is considered the control stick in direct monetary policies.  Thus, it became imperative for those countries to use new tools in order to get out of that crisis. Japan is considered the first to use these new policies and solutions before that period, and he is the first to call them indirect monetary policies. These tools were called by many names, including quantitative easing, credit facilitation and others. Many names, but it was the best solution by monetary policy makers for many countries, including the United States of America, the United Kingdom of Britain and the European Union, which represent the most powerful economies in the world,

Avatar-Based Intellectual Managing for Innovation Technologies Transfer in Nationals Entrepreneurships of Armenia

2021 ◽  
pp. 1468-1479
Author(s):  
Vardan Mkrttchian ◽  
Serge V. Chernyshenko ◽  
Mikhail Ivanov
Keyword(s):  
Technology Transfer ◽  
The United States ◽  
Sustainable Growth ◽  
The European Union ◽  
Technical Problems ◽  
Armenian Diaspora ◽  
The World ◽  
Science And Education ◽  
The Republic ◽  
The Cost

Technology transfer is considered as one of the most important instruments of national and regional economic growth in such countries as world leaders such as the United States, Japan, the European Union, China, and others. The importance of developing this direction is not in doubt. It invests a lot of money, is supported at the legislative level. The activity of technology transfer centers is aimed at commercialization of the results obtained in different organizations of the world, ensuring the acceleration of solving technical problems of enterprises, improving the quality and reducing the cost of their products, and developing new types of products. The main goal of the Center is to facilitate the transfer of the Internet intellectual innovative technologies and blockchain technologies developed both in the Republic of Armenia and in the Armenian Diaspora to ensure sustainable growth of the economy, increase the competitiveness of industry, agriculture, science and education, tourism and business attractiveness Republic of Armenia and Artsakh Republic.

Sustainable Agriculture The United States versus the European Union

2010 ◽  
Vol 1 (4) ◽  
pp. 26-31 ◽  
Author(s):  
Carson H. Varner ◽  
Katrin C. Varner
Keyword(s):  
United States ◽  
European Union ◽  
Genetically Modified Crops ◽  
The United States ◽  
World Population ◽  
The European Union ◽  
Sustainability Issue ◽  
The World ◽  
Two Sides

This paper examines developing issues and attitudes that unite and divide the United States and the European Union as the discussion and regulation of agriculture evolves. While some terms, such as “organic,” are defined in law in both the United States and European Union, the increasingly used “sustainability” is an evolving concept. The main sustainability issue is how to provide food and fiber for a rapidly growing world population. In this context, the role of biotechnology is questioned. Americans tend to favor what are sometimes called genetically modified crops, while Europeans remain cautious. Europeans lean more toward organic farming, while Americans assert that much of the world will starve if organic methods are required. This paper reviews the directions that the discussion of these issues is taking and will show areas of agreement and where the two sides diverge.

Comparative Analysis of International Approaches to the Protection of Online Privacy

2011 ◽  
pp. 347-366
Author(s):  
Peter O’Connor
Keyword(s):  
Comparative Analysis ◽  
Self Regulation ◽  
Personal Data ◽  
The United States ◽  
The Self ◽  
The European Union ◽  
Black And White ◽  
The World ◽  
Regulation Approach ◽  
The Web

The Web provides unprecedented opportunities for Web site operators to implicitly and explicitly gather highly detailed personal data about site visitors, resulting in a real and pressing threat to privacy. Approaches to protecting such personal data differ greatly throughout the world. To generalize greatly, most countries follow one of two diametrically opposed philosophies—the self-regulation approach epitomized by the United States, or the comprehensive omnibus legislative approach mandated by the European Union. In practice, of course, the situation is not so black and white as most countries utilize elements of both approaches. This chapter explains the background and importance of protecting the privacy of personal data, contrasts the two major philosophical approaches to protection mentioned above, performs a comparative analysis of the current situation throughout the world, and highlights how the legislative approach is being adopted as the de facto standard throughout the world. The use of trust marks as an alternative to the self-regulation or legislative approach is also discussed, while the effectiveness of each of these efforts is also examined.

The Emergence and Development of Intellectual Property Law in Canada

2017 ◽  
Author(s):  
Daniel Gervais
Keyword(s):  
Intellectual Property ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
Supreme Court Of Canada ◽  
Complex Relationship ◽  
Canadian Law ◽  
The Supreme Court ◽  
Important Trading Partner ◽  
The Impact

This chapter reviews the emergence of intellectual property (IP) norms in the areas of copyright, trademarks, patents, and designs in Canadian law from the early days of the Dominion’s complex relationship with British IP statutes and policy to a time of progressive independence from those statutes. It then reviews more recent changes, some of which were made to bring Canada’s laws into line with major international registration systems. Canada has also been ready to experiment with variations on IP themes. This is visible both in statutes and in decisions by the Supreme Court of Canada. The impact of the bijural nature of Canada’s legal system and its proximity to the United States are also discussed: Canada has integrated civil law notions into an edifice constructed mostly of common law bricks, and must confront demands from its most important trading partner in adapting its intellectual property framework.

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