scholarly journals European approaches to «trade dress» protection and the possibility of their implementation in Ukraine

Author(s):  
V.V. Hetsko

ir implementation in Ukraine. The concept of «trade dress» and such terms as «registered design», «brand im-age» («brand image»), «advertising campaign concept» («ad campaign concept») were analyzed. It is substantiated that the concept of «trade dress» is the broadest in meaning.It is established that the commercial design covers the unique shape of the product, color and decorative ele-ments, ie in the case of proving its originality, you can protect the commercial design on the basis of trademark law. The comparison of protection on the basis of a trademark and «trade dress» is made. Examples of trade dress protection in the food industry, pharmaceutical and automotive industries have been studied.The differences between trade dress and design patent are analyzed. It is established that the difference be-tween a design patent and a trade dress is that in order to obtain a patent, the design must be new and in no case a variant of the existing one. In addition, a comparative analysis of the concepts of «trade dress» and industrial design. It was found that in the EU countries increasingly use the category of «trade dress» in resolving disputes, even though such a concept is not inherent in the countries of the continental legal system, including Austria, Germany, France and others.It is substantiated that the concept of «trade dress» should be understood as a commercial image of the product (or service), which allows to distinguish the manufacturer of the product (or service provider) and includes various elements (including design, shape, materials, colors, etc.) that distinguish goods or services. It is argued that in the process of recoding the Central Committee of Ukraine it is important to improve the institutions of intellectual prop-erty law, so that the protection of producers of goods in line with modern trends and European approaches. That is why it is necessary to include the concept of «trade dress» in the draft of the new Civil Code of Ukraine.

Energies ◽  
2021 ◽  
Vol 14 (9) ◽  
pp. 2557
Author(s):  
Łukasz Bartela ◽  
Paweł Gładysz ◽  
Charalampos Andreades ◽  
Staffan Qvist ◽  
Janusz Zdeb

The near and mid-term future of the existing Polish coal-fired power fleet is uncertain. The longer-term operation of unabated coal power is incompatible with climate policy and is economically challenging because of the increasing price of CO2 emission allowances in the EU. The results of the techno-economic analysis presented in this paper indicate that the retrofit of existing coal-fired units, by means of replacing coal-fired boilers with small modular reactors, may be an interesting option for the Polish energy sector. It has been shown that the retrofit can reduce the costs in relation to greenfield investments by as much as 35%. This analysis focuses on the repowering of a 460 MW supercritical coal-fired unit based on the Łagisza power plant design with high temperature small modular nuclear reactors based on the 320 MWth unit design by Kairos Power. The technical analyses did not show any major difficulties in integrating. The economic analyses show that the proposed retrofits can be economically justified, and, in this respect, they are more advantageous than greenfield investments. For the base economic scenario, the difference in NPV (Net Present Value) is more favorable for the retrofit by 556.9 M€ and the discounted payback period for this pathway is 10 years.


2015 ◽  
Vol 4 (2) ◽  
pp. 1-6
Author(s):  
Ondrej Beňuš

Abstract Distilling industry is among the traditional sectors of the food industry. It is a significant producers of agricultural primary production and the most stable component of demand in the labour market. Among all the sectors of the food industry, however, it is subject to the greatest extent of the regulation of the business by state, when a crucial component of regulation is the legal regulation of the selection of the excise tax on alcohol. Given the considerable degree of regulation of excise taxes on alcoholic beverages by one of the secondary law of the EU, it is considered appropriate to assess the level of transposition of basic elements of excise tax on alcohol, as defined by literature, into the legal order of the Slovak Republic.


Author(s):  
T. Romanova ◽  
E. Pavlova

The article examines how the normative power, which the EU puts forward as an ideological basis of its actions in the world, manifests itself in the national partnerships for modernization between Russia and EU member states. The authors demonstrate the influence of the EU’s normativity on its approach to modernization as well as the difference in the positions of its member countries. It is concluded that there is no unity in the EU’s approach to democracy, human rights and the rule of law, and the new classification of EU member states, which is based on their readiness to act in accordance with the Union’s concept of normative power, is offered.


2013 ◽  
Vol 21 (3) ◽  
pp. 394-399
Author(s):  
Pieter Emmer

In spite of the fact that negotiations have been going on for years, the chances that Turkey will eventually become a full member of the European Union are slim. At present, a political majority among the EU-member states headed by Germany seems to oppose Turkey entering the EU. In the Netherlands, however, most political parties are still in favour of Turkey's membership. That difference coincides with the difference in the position of Turkish immigrants in German and Dutch societies.


Author(s):  
Dmitry V. Agashev ◽  
◽  
Sergey G. Trifonov ◽  
Kristine V. Trifonova ◽  
◽  
...  

The article assesses the EU legal system as a unique institutional unit and highlights its features. It deals with the comparative legal aspects of the regulation of the social welfare of migrant workers in the EU and the EAEU. Attention is paid to the study of legislation on social welfare for migrant workers in the EU, as well as the possibility of realizing the experi-ence accumulated within the EAEU. It is emphasized that the use of comparative models con-cerning the social welfare of migrant workers in the EU and the EAEU can be productive, taking into account the analysis of the state and dynamics of the EU's legal policy in its historical development. The authors have analyzed the historical stages reflecting the difference within the EU approaches to the regulation of social welfare relations for migrant workers. The emphasis is on the role of EU administrative institutions, which provide a balancing approach to the key principles and social policy settings, due to the desire to eliminate distortions and possible conflicts between the norms of states. At the same time, EU members have the competence within the existing common standards of financial security obligations to expand the estab-lished standards and this makes the EU's social policy geographically differentiated. It is noted that the allied states, formed on trade and economic grounds, such as the EU and the EAEU, are characterized by an objective desire for a single legal space, with the uni-fication of approaches on the social welfare of migrant workers throughout the Union. Never-theless, in complex interstate unions, it is impossible to abandon the principle of multi-level regulation of social and security relations, and in this sense, the situation in the EU and the EAEU is quite similar. The current state of EU law in terms of regulating the relations under consideration largely preserves national legal regimes, and each of them, through its special legal means, determines a different amount of social rights of migrant workers. In the context of the EAEU, a similar approach should not be considered productive, since it does not contribute to the goals of this interstate association, defined by Article 4 of the Treaty on its creation. Therefore, within the framework of the EAEU, it is advisable to fix as early as possible the uniform standards in the area of social welfare of migrant workers, estab-lishing a relatively narrow range of powers of the member states of the Union.


Author(s):  
Vincenzo Sforza ◽  
Alessandro Mechelli ◽  
Riccardo Cimini

In the field of comparative international governmental accounting research, this chapter participates to the growing debate around the EPSAS-project that according to the EU Commission has a political priority. In this vein, it demonstrates that considering all the governmental subsectors of public administration (central government, state government, local government, social security funds) of the 28 EU Member States, proximity of national regulation to the IPSAS affects the magnitude of total adjustments. These are a proxy of fiscal fragility and are the difference between the non-harmonized data of governmental accounting and the harmonized ESA-2010 national accounting. Findings show that adjustments are significant in magnitude in countries whose regulation has low proximity to IPSAS; opposite, their magnitude is low in countries with high proximity to the IPSAS. Even if they have not provided the anticipated level of harmonisation, the process of modernising the EU public sector accounting standards cannot ignore that the future EPSAS should not diverge much from the IPSAS.


Author(s):  
Francisca Costa Reis ◽  
Weiyuan Gao ◽  
Vineet Hegde

With a mandate under the Lisbon Treaty, the European Union (EU) has been engaging with foreign powers like Brazil, Russia, India, China, and South Africa (BRICS) nations on human rights issues. Despite the common and shared goals, the BRICS set-up is not institutionalised, which prompts the EU to engage with each country on a bilateral basis. Such collaborations have occurred in bilateral dialogues, multilateral fora, through developmental assistance, and negotiations in economic partnership agreements. The scope and content of the discussions and cooperation vary due to the difference in the political structures of the countries. While the EU and the BRICS may share some common goals politically and economically, pursuing shared objectives related to democracy and human rights promotion remains challenging. These countries may believe in human rights protection, but the understandings and the approaches vary drastically, as visible when issues of sovereignty and non-intervention are raised to resist comprehensive discussions. Although the BRICS are emerging as an interconnected group and have begun to cooperate more closely in multilateral fora, the EU may also have to consider dealing with it in its institutional capacity. It could be more challenging to fulfill the mandate of the Lisbon Treaty for the EU while dealing with this cohesive group that has different understandings on human rights protection within their own states.


2019 ◽  
pp. 201-218
Author(s):  
Rainer Eising

This chapter examines the role of interest groups in European Union (EU) politics. It also considers the way in which the EU institutions influence interest group structures and activities. The chapter begins with an overview of the relationship between the EU institutions and interest groups and examines the steps taken thus far to regulate that relationship. It then looks at the evolution and the structure of the interest group system, focusing in particular on two salient aspects: the difference between national and EU organizations; and the difference between specific and diffuse interests.


2009 ◽  
Vol 55 (No. 11) ◽  
pp. 519-533 ◽  
Author(s):  
F. Střeleček ◽  
R. Zdeněk ◽  
J. Lososová

The Common Agricultural Policy has been implemented in order to guarantee the appropriate life quality for farmers and to preserve the European heritage. Costs of its realization amounted to 40% of the EU budget. The EU has not established the same conditions for all member states. The aim of the paper is to assess the influence of agricultural subsidies and the structure of production on the incomes of agricultural holdings and their comparison with the largest producers in the EU with similar production structure. The shift-share analysis is used. Different amount of subsidies according to the type of farming together with increasing subsidy rate may influence the type of farming. Therefore, it may cause a paradox that the structure of subsidies according to the type of farming will stimulate products that are currently suppressed. The difference in subsidies in comparison with the largest producers with a similar structure of agricultural production is significant for the Czech Republic and it is possible to compare it to the increase of the SAPS by 75%.


2014 ◽  
Vol 32 (No. 4) ◽  
pp. 309-319 ◽  
Author(s):  
J. Olšovská ◽  
P. Čejka ◽  
K. Sigler ◽  
V. Hönigová

The character and authenticity of the Czech beer, which has been accorded the protected geographical indication (PGI) České pivo by the EU, are based on specific technology and use of unique raw materials. A number of chemical and sensorial markers of the Czech beer differ from those of other lager or Pils-type beers. The majority of Czech beers contain residual (unfermented) extract. One of the most typical characteristics of Czech beers is the difference in attenuation; its long-term recorded limit value is 4.5%. Another important characteristic typical of the Czech beer is bitterness, which is mostly higher in comparison with other lagers, with the limit value at 29 EBC units. Also the colour, pH, and total polyphenol content are higher in the Czech-type beer. The limit parameters obtained by long-term monitoring were 11.8 EBC, 4.52 and 153 mg/l, respectively. Differences in amino acid and protein profiles and contents were also observed.


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