scholarly journals The comparative analysis of judicial practice in the EU Member-States and the European Court of Justice in questions of liability imposition within the infringement of intellectual property rights

2013 ◽  
Vol 4 (29) ◽  
Author(s):  
Галина Олегівна Михайлюк
Keyword(s):  
Comparative Analysis ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
European Court Of Justice ◽  
Eu Member States ◽  
Judicial Practice ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

Introductory Note

2018 ◽  
Author(s):  
Francesco Seatzu
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
European Court Of Justice ◽  
Judicial Decisions ◽  
Court Of Justice ◽  
European Court ◽  
Introductory Note ◽  
Civil Service Tribunal ◽  
Restrictive Measures

The year 2016 was characterized by three elements: the incorporation of the Civil Service Tribunal within the General Court and transfer of jurisdiction; the implementation of the reform of the European Court of Justice (ECJ) through an increase in the number of judges at the General Court; a rise in judicial decisions of the ECJ concerning intellectual property rights and freedoms. Also, 2016 was the year in which the ECJ and the General Court dealt with cases concerning restrictive measures relating to Afghanistan, Belarus, Côte d’Ivoire, Egypt, Iran, Libya, Russia, Syria, Tunisia, Ukraine and Zimbabwe. Emblematic of this jurisprudential trend are the judgments on the cases of Yanukovych and Others, where the General Court upheld the freezing of funds of several Ukrainians.

scholarly journals Transformation of the European arrest warrant in light of protection of the rights of extradited individuals

2020 ◽  
pp. 42-48
Author(s):  
Kamila Danilovna Shaibakova
Keyword(s):  
European Court Of Justice ◽  
Foreign National ◽  
Member States ◽  
Arrest Warrant ◽  
Eu Member States ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
European Arrest Warrant ◽  
The Eu

The subject of this research is the norms of international legal acts, legislations of the EU member-states, decisions of foreign national courts, as well as decisions of the European Court on Human Rights and European Court of Justice. A hypothesis is advanced that within the framework of the European arrest warrant there are new trends associated namely with the desire to strengthen the system of protection of rights of the extradited individuals, which can negatively affect functionality of the procedure as a whole. Thus, a number of cases of the national courts (for example Artur Celmer case) and Court of the European Union (Pál Aranyosi and Robert Căldăraru case), as well as provisions of the constitutional courts lead to the fact that the principle of mutual recognition of court decision is used with caution. The article examines the case law of national courts of the EU member-states, as well as practice of the European Court of Justice and European arrest warrant. The author compared the decisions of the aforementioned courts for confirming the hypothesis that the protection of extradited individuals plays a significant role in the context of operation of the European arrest warrant. The intention to provide legal guarantees to individuals extradited in the context of the European arrest warrant, which loses its main influence; particularly the procedure is interrupted due to absence of guarantees of protection of rights in case of extradition, as well as raises doubt towards judicial systems and their decisions of some EU member-states brought forth by political actions of these countries. Moreover, protection of rights and guarantee of fair trial increases.

scholarly journals PROTECTING DATABASES – A CALL FOR REGULATION

2012 ◽  
Vol 19 (1) ◽  
pp. 85-121
Author(s):  
Catherine Colston
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Information Society ◽  
Protection Measures ◽  
Court Of Justice ◽  
European Court ◽  
Database Right ◽  
User Access ◽  
The Uk

Legislators for intellectual property rights have traditionally balanced protection with user access to the protected property. In particular, information has been treated as deserving of wider access by users. Departure from these norms erodes the very justification for intellectual property rights. However, the combined effects of the sui generis database right and that for technological protection measures for electronic works introduced by the Database and Information Society Directives led to fears of monopoly powers over raw data and information and erosion of the traditional balances. The implementation and application of these measures in the UK and elsewhere appeared to confirm these fears. Given the opportunity to reverse these effects, both the European Court of Justice and the European Commission have failed to redress the balance. Consequently, urgent attention should be paid to control over regulation of database licensing.

scholarly journals The Judgment of the European Court of Justice of 22 September 2020 C-724/18 and Its Impact on the Real Estate Market in the EU

2021 ◽  
Vol 71 (1) ◽  
pp. 77-92
Author(s):  
Ewelina Badura ◽  
Keyword(s):  
Rental Housing ◽  
Real Estate Market ◽  
European Court Of Justice ◽  
Property Market ◽  
Short Term ◽  
The Real Estate ◽  
Eu Member States ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

In 2020 two significant events affected the property market. The first one was the pandemic of COVID-19, which brought unprecedented uncertainty and resulted in a dramatic drop in property prices on rental market and hampered growth of the sales market. Another significant event this article is going to examine was the judgment C-724/18 of the European Court of Justice issued on 22 September 2020. The ECJ ruled that the authorisation scheme for short-term rental does not constitute a breach of the freedom of services warranted by the EU. The judgment concerns the legitimacy of the constraints imposed by local authorities on entrepreneurs operating short-term rentals. It also establishes the applicability of the EU’s Services Directive (2006/123/EC) to short-term rental. The ECJ holds in the judgment that the measure requiring an authorisation for short-term rental aimed tackling shortage of long-term rental housing represents an overriding reason of public interest and as such it is justified. The article analyses the consequences of the ECJ judgment for the market of short-term rentals, in view of the existing legal regulations and in respect of its possible consequences for short-term rental in the EU member states.

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.

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