scholarly journals Legal policy of the European Union against counterfeiting in the conditions of Digital Single Market

2021 ◽  
pp. 1-28
Author(s):  
Mark Vladimirovich Shugurov
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Single Market ◽  
Digital Environment ◽  
The European Union ◽  
Legal Policy ◽  
Counterfeit Goods ◽  
Counterfeit Products ◽  
Multi Stakeholder ◽  
Protecting Intellectual Property

The subject of this research is the legal policy of the European Union against counterfeiting in the conditions of functioning of the Digital Single Market. The goal is to determine the content and patterns of development of this policy from the perspective of combining traditional and innovative measures and initiatives aimed at prevention of trafficking of counterfeit goods in the digital environment. Special attention is given to the analysis of the key factors of formation formation of this policy, taking into account the implementation of the Strategy of the Digital Single Market. The author analyzes the dynamics of application of the organizational-legal mechanisms for combating counterfeiting, and the multi-stakeholder approach that lies beneath them. Separate section of the article is dedicated to establishment of the principles of using voluntary measures on prevention and suppression of the trafficking of counterfeit goods in the digital environment. The conclusion is made that the theoretical provisions indicating that the EU anti-counterfeit policy is aimed the development of supranational block of legal instruments related to the sphere of intellectual property law and customs regulation, and represents a system of comprehensive actions, each of which is implemented depending on the thematic agenda reflecting the strategic intentions for action. The author’s special contribution lies in determination of the patterns of transition towards the regime of responsibility of online platforms that allow posting the offers of counterfeit products. The novelty of this article consists in demonstrating the effective combination of non-legislative and legislative measures used on the supranational level for protecting intellectual property in the conditions of the development of digital environment.

scholarly journals The peculiarities of observance of the EU competition law in the conditions of digital environment and the protection of intellectual property rights

2021 ◽  
pp. 29-38
Author(s):  
Irina Viktorovna Shugurova
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
European Commission ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Digital Environment ◽  
The European Union ◽  
Eu Competition Law ◽  
Comprehensive Examination ◽  
The Eu

The subject of this research is the analysis of interaction between the EU competition law and the intellectual property legislation in the conditions of the development of digital environment. The goal lies in determination of the peculiarities of observance of the EU competition law in the process of implementation and protection of the intellectual property rights. The author dwells on correlation between the principle of free movement of goods and services within the single market and the principle of territorial scope of exclusive rights. Analysis is conducted on the key provisions of the European Commission Regulation, which exclude certain agreements, namely on the transfer of technologies, from the Article 101(3) of the Treaty on the Functioning of the European Union. The main conclusion lies in the theoretical assumption that the EU legal policy in the sphere of competition in the conditions of the development of the Digital Single Market is aimed simultaneously at protection of competition and protection of the potential of innovations. Reaching the balance between the interests of all parties to the market relations would promote innovations and keep the market open. The scientific novelty of this research consists in comprehensive examination of the main approaches of the European Commission and the Court of Justice of the European Union towards settling disputes in the area of licensing, as well possible abuse by the copyright holders of their dominant position in the conditions of development of the digital environment. The author’s main contribution lies in comprehensive examination of the provisions of the Treaty on the Functioning of the European Union on Protection of Competition from the perspective of implementation and protection of exclusive rights.

scholarly journals Protection of Intellectual Property Rights by Customs Aythorities

2020 ◽  
pp. 43-46
Author(s):  
L.V. Zolota ◽  
O.V. Ulizko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
The European Union ◽  
Counterfeit Goods ◽  
The Subject ◽  
Counterfeit Products ◽  
Simplified Procedure ◽  
The Right

The article deals with the issue of protection of intellectual property rights by customs authorities. The current problems of infringement of intellectual property rights during moving across the customs border of Ukraine are considered, in particular: transportation of counterfeit products, which includes goods that are subject to infringement of intellectual property rights to the trademark and goods that are the subject of infringement of intellectual property rights to a geographical indication in Ukraine and pirated products, which includes goods that are the subject of infringement of copyright and / or related rights or intellectual property rights to a registered industrial design in Ukraine and which are or contain copies made without the consent of the copyright and related rights or intellectual property rights to the industrial design or a person authorized by such right holder in the country of production, as well as moving across the customs border of small consignments of goods with violation of customs legislation and introduction of simplified procedure for destruction of such goods. The article also analyzes issues of novelty of the Ukrainian legislation – “original goods”, that is, those that were made with the consent of the right holder, as a basis for the existence of the international principle of exhaustion of intellectual property rights. It has been established that national legislation does not sufficiently protect intellectual property rights and that Ukraine remains one of the four points of transit and transit of counterfeit goods to the European Union. The mechanism of regulation of compensation of costs in connection with storage of goods suspected of violation of intellectual property rights after all, the owner of the rights has the opportunity to demand compensation for these costs from the owner of goods that violate his intellectual property rights, as well as the destruction of such goods by the owner of intellectual property rights. Key words: intellectual property rights, customs border, promotion of protection of intellectual property rights, procedure for destruction of goods, counterfeit goods.

Nowe podejście do harmonizacji technicznej w Unii Europejskiej a swoboda przepływu towarów

2016 ◽  
pp. 70-86
Author(s):  
Iwona Miedzińska
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
Rational Choice Theory ◽  
Choice Theory ◽  
Single Market ◽  
The European Union ◽  
Primary Method ◽  
Effective Response ◽  
New Approach ◽  
Free Movement Of Goods

This article is about the new approach directives and their impact on ensuring the free movement of goods in the single market. The author analysed the relevant legislation of the European Union adopted in the field of technical harmonisation: regulations and directives. The primary method of research used in this article is the legal and institutional analysis. Neofunctionalism and rational choice theory were also helpful to explain the processes of integration in this area. The analysis shows that the new approach directives affect the streamlining of procedures for the movement of goods in the single market. However, despite the simplification of procedures for the movement of goods, an adequate level of safety and consumer protection is ensured. The member states and the European Commission have effective response mechanisms when a product endangers life, health or safety of consumers.

GENESIS OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY IN THE EUROPEAN UNION

2020 ◽  
Author(s):  
Амала Алиевна Умарова
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Legal Protection ◽  
The European Union

В статье анализируются отдельные нормативные акты, выступающие в качестве основы правовой охраны интеллектуальность собственность в Европейском Союзе. The article analyzes individual normative acts that act as the basis of legal protection of intellectual property in the European Union.

scholarly journals The third way. Humanitarian corridors in peacetime as a (local) civil society response to a EU’s common failure

2017 ◽  
Vol 25 (51) ◽  
pp. 59-75 ◽  
Author(s):  
Pedro Gois ◽  
Giulia Falchi
Keyword(s):  
European Union ◽  
Civil Society ◽  
Foreign Affairs ◽  
The European Union ◽  
Third Way ◽  
Key Issues ◽  
Durable Solutions ◽  
Forced Migrants ◽  
To Come ◽  
Multi Stakeholder

Abstract Migration has been and will continue to be one of the key issues for Europe in the coming decades. Fundamental developments such as economy, climate change, globalization of transport and communication, war and instability in the neighbouring regions, are all factors that continue to drive people to come to Europe, in search of shelter and a better life or to reunite with their families. In recent years, vulnerability of forced migrants has been exacerbated by worsening conflicts in their home country, which make repatriation less and less a viable option, and by mounting intolerance within local communities. A growing number of potential refugees attempts to escape transit countries to reach the European Union by embarking in dangerous journeys to cross the Mediterranean Sea and illegally enter the European Union. Within the European Union resettlement represents a 'durable solution' for vulnerable forced migrants alongside local integration and voluntary repatriation, a protection tool for potential people whose lives and liberty are at risk. In Italy, a group of institutions from civil society and the Italian Ministries of Foreign Affairs and of Interior signed a Protocol of Agreement for the establishment of Humanitarian Corridors to ensure the legal and safe resettlement of asylum seekers. Our article will show how these Humanitarian Corridors proved to be a successful multi-stakeholder engagement to support safe and legal pathways to protection as well as durable solutions for third country nationals in need of protection.

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