scholarly journals Admissibility of Unconventional Trade Marks Registration within the European Court of Justice Statements

2020 ◽  
Vol 29 (4) ◽  
pp. 117
Author(s):  
Justyna Konikowska-Kuczyńska
Keyword(s):  
Graphical Representation ◽  
Trade Mark ◽  
European Court Of Justice ◽  
Property Law ◽  
Industrial Property ◽  
Trade Marks ◽  
Court Of Justice ◽  
Council Directive ◽  
European Court ◽  
Essential Change

<p class="Textbodyuser">On 16 March 2019 the amendment of the Act – the Industrial Property Law, which implemented the European Parliament and EU Council Directive 2015/2436 of 16 December 2015, aiming the rapprochement of legislation within the membership countries regarding trade marks.<strong> </strong>The essential change, that the amendment implemented is the cancellation of the necessity of graphical representation of the trade mark, what allows to simplify the registration of the unconventional trade marks. The purpose of the article is to present how the registration of unconventional trade marks looked within the light of the Luxembourg tribunal’s statements.</p>

scholarly journals The interpretation practice of The European Court of Justice while judging the conflict between labelling applied as trademark with elderly right of another person

2010 ◽  
Vol 58 (3) ◽  
pp. 85-90
Author(s):  
Hana Kelblová
Keyword(s):  
Consumer Protection ◽  
Trade Mark ◽  
European Court Of Justice ◽  
Patent Office ◽  
Trade Marks ◽  
Court Of Justice ◽  
Likelihood Of Confusion ◽  
European Court ◽  
The Law

The article deals with the verification of the starting hypothesis of complementariness of the law of consumer protection and the law of intellectual property. In order to achieve that goal the author analyzes individual the Czech Trade Marks Act from the standpoint of protection of rights and interests of consumers.The article follows the categorical requirement of a public law rule, the Consumer Protection Act, which prohibits deceiving consumers and establishes that deceiving may also consist in offering products and services unjustified designated by misleading trade mark.The consumer is deceived most frequently when trade marks are used for designation of products and their promotion. The Trade Marks Act may be analyzed in relation to consumer protection first from the standpoint of consumer protection against trade marks misleading someone about the origin and quality of products and services designated by them. Then it is possible to examine the question whether requirements of a designation for being registered as a trade mark are at the same time those attributes of the trade mark which meet the declared intention of the lawmaker, i.e. that the trade mark should be a source of information for the consumer about the origin and quality of the product de­sig­na­ted by it.Especially, the article deals with an interpretation of the conception „Likelihood of Confusion“ as the fundamental conception while judging the conflict with elderly trademarks applying for the re­gi­stra­tion into the list of The Patent Office.A perception of an average consumer is a fundamental factor for a judgement of „Likelihood of Confusion“ as results from the decision practice of The Czech Patent Office, Czech courts and The European Court of Justice. This is proof of the conclusion that rules of the Trademark Law are rules of the Consumer protection Law.

THE ‘BABY-DRY’ CASE: THE MODERNISATION OF TRADE MARKS?

2002 ◽  
Vol 61 (1) ◽  
pp. 1-52
Author(s):  
Jennifer Davis
Keyword(s):  
Trade Mark ◽  
Internal Market ◽  
European Court Of Justice ◽  
Trade Marks ◽  
Court Of Justice ◽  
European Court

WHEN is a monopoly not a monopoly? Following the decision of the European Court of Justice in Case C-383/99 P Procter & Gamble v. Office for Harmonisation of the Internal Market (OHIM) [2002] E.T.M.R. 3, the answer appears to be when it is a registered trade mark.

Property and Expropriation: Two Concepts Revisited in the Light of the Case Law of the European Court of Human Rights and the European Court of Justice

2019 ◽  
Vol 8 (2) ◽  
pp. 172-191
Author(s):  
Sabrina Praduroux
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Economic Value ◽  
Case Law ◽  
European Court Of Justice ◽  
Property Law ◽  
Court Of Justice ◽  
European Court ◽  
Key Concepts ◽  
Domestic Law

Abstract In the late 1950 s René Savatier foretold that the qualification of economic value itself as property (bien) would have been the ultimate evolution of the theory of property rights. This prediction has come true with regard to the case law of the European Court of Human Rights (ECtHR) and the European Court of Justice (CJEU). This paper investigates the implications of the understanding of property developed by the two European Courts on the concept of expropriation itself as well as for the principles governing expropriation law. Hence, the paper illustrates the role played by both the ECtHR and the CJEU in laying down the parameters of legitimacy for national law, including property law. Within this context, the focus falls on cases in which the Courts characterize the facts as deprivation of property requiring for compensation, even though the relevant property could not be the object of expropriation under the domestic law of the defendant State. My contribution brings new insights into the current transformation of the traditional property categories and suggests the reinterpretation of some key concepts of expropriation law.

Indirect taxes and national remedies

1999 ◽  
Vol 58 (1) ◽  
pp. 1-48
Author(s):  
Angela Ward
Keyword(s):  
Attorney General ◽  
Case Law ◽  
European Court Of Justice ◽  
Special Edition ◽  
Community Law ◽  
Court Of Justice ◽  
Council Directive ◽  
European Court ◽  
National Rule ◽  
Indirect Taxes

IN Case C-188/95 Fantask A/S and Others v. Industriministeriet (Erhvervsministeriet) [1997] E.C.R. I-6783 the European Court of Justice provided further guidance on the interpretation of Council Directive 69/335 EEC of 17 July 1969 concerning indirect taxes on the raising of capital (O.J. English Special Edition 1969 (II), p. 412), as most recently amended by Council Directive 85/303/EEC of 10 June 1985 (O.J. 1985 L 156, p. 23), and elaborated its case law concerning Member State remedies and procedural rules. More particularly, it was held that a national rule which would have allowed Danish authorities to escape the duty to refund charges levied in breach of the Directive on the ground of “excusable error” rendered Community law impossible in practice or excessively difficult to enforce (Case 199/82 Amministrazione delle Finanze dello Stato v. San Giorgio [1983] E.C.R. 3595), while a five-year time limit for bringing proceedings under Danish law was upheld as a reasonable limitation period (cf. Case C-208/90 Emmott v. Minister for Social Welfare and the Attorney General [1991] EC.R. I-4269).

The Principle of Non-discrimination in Respect of Age: Dimensions of the ECJ's Mangold Judgment

2006 ◽  
Vol 7 (5) ◽  
pp. 505-524 ◽  
Author(s):  
Marlene Schmidt
Keyword(s):  
General Framework ◽  
European Court Of Justice ◽  
Equal Treatment ◽  
Preliminary Ruling ◽  
Framework Agreement ◽  
Community Law ◽  
Court Of Justice ◽  
Council Directive ◽  
European Court ◽  
Answering Questions

On 22 November 2005, the European Court of Justice (ECJ) delivered a judgement in a preliminary ruling procedure from the Arbeitsgericht München (Labour Court Munich), answering questions concerning the interpretation of Clauses 2, 5 and 8 of the Framework Agreement on fixed-term contracts, put into effect by Council Directive 1999/70/EC of 28 June 1999, and as regards the construction of Article 6 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. Essentially, the Arbeitsgericht wanted to know whether a statutory provision exempting employees of 52 years of age and older from limitations to the conclusion of fixed-term contracts was compatible with Community law.

Die Sanktionierung missbräuchlicher Vertragsklauseln sowie die Vertragsrückabwicklung am Beispiel Polens

2020 ◽  
Vol 66 (1) ◽  
pp. 129-162
Author(s):  
Iwona Karasek-Wojciechowicz
Keyword(s):  
Financial Institutions ◽  
Foreign Currency ◽  
European Court Of Justice ◽  
Deterrent Effect ◽  
Legal Doctrine ◽  
Court Of Justice ◽  
Council Directive ◽  
European Court ◽  
Consumer Contracts ◽  
Unfair Terms

In recent years, the European Court of Justice has often dealt with disputes revolving around the interpretation of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. This article focuses on controversial questions in the domains of legal doctrine and jurisdiction, in particular in the context of disputes over foreign-currency denominated or foreign-currency indexed loans. It discusses questions revolving around legal bases for reverse transactions following the invalidity of a contract, the lack of legal bases for performing a contract, jurisdiction on the invalidity of a contract in the case of unfair terms, without which the contract cannot be concluded, the extent of reverse transactions, ECJ jurisdiction, the Council Directive’s deterrent effect, the admissibility of substitute types of fulfilling the contract, and consumer claims against financial institutions.

Compulsory Military Service and Equal Treatment of Men and Women – Recent Decisions of the Federal Constitutional Court and the European Court of Justice (Alexander Dory v. Germany)

2003 ◽  
Vol 4 (4) ◽  
pp. 299-308 ◽  
Author(s):  
Karen Raible
Keyword(s):  
Military Service ◽  
European Court Of Justice ◽  
Equal Treatment ◽  
Constitutional Court ◽  
Men And Women ◽  
Court Of Justice ◽  
Council Directive ◽  
Compulsory Military Service ◽  
European Court ◽  
Federal Constitutional

The European Court of Justice (ECJ) decided, in the case Tanja Kreil v. Germany, that Council Directive 76/207/EEC of 9 February 1976 (equal treatment directive) precludes the application of national provisions, such as those of German law, which impose a general exclusion of women from military posts involving the use of arms. The ECJ found that such policies violated the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions. Since this ruling both the Bundesverfassungsgericht (BVerfG – Federal Constitutional Court) and the ECJ have had to confront the question whether the German system of compulsory military service for men is compatible with Article 3.2 and 3.3 of the Grundgesetz (GG – German Basic Law) and the equal treatment directive.

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