scholarly journals Protection of Design in the Textile Industry in Order to Improve the Economic Aspect of Sustainable Development of Serbia—Comparative Overview of the Laws of the European Union and Croatia

2019 ◽  
Vol 11 (7) ◽  
pp. 2126
Author(s):  
Nadežda Ljubojev ◽  
Marijana Dukić-Mijatović ◽  
Mila Zakin Kavalić ◽  
Sanja Stanisavljev ◽  
Mirjana Cvijić
Keyword(s):  
European Union ◽  
Textile Industry ◽  
Industrial Design ◽  
Fashion Industry ◽  
The European Union ◽  
Industrial Property ◽  
Dynamic Design ◽  
Public Design ◽  
Design Protection ◽  
The Eu

The authors analyze the protection of industrial design in Serbia, with a comparative overview of the rights of the European Union (EU) and Croatia in industrial property law. In addition to the protection of registered design, the protection of unregistered design within the framework of industrial design rights is characteristic of the EU. The unregistered design is acquired without a formal registration procedure, an appropriate disclosure of public design in the EU area. Based on analogy, an initial premise can be established, whereby, after Serbia’s entering into the EU, as well as after joining the EU, physical and legal persons from Serbia will have at their disposal several different forms of industrial design protection and unregistered community design. This form of design protection can be significant for the fashion industry in Serbia characterized by a constant dynamic design change.

scholarly journals En Vogue: The Risks of Brexit to the European Fashion Industry

2018 ◽  
Vol 46 (3) ◽  
pp. 163-175
Author(s):  
Ryan Esparza
Keyword(s):  
European Union ◽  
Intellectual Property Rights ◽  
Fashion Design ◽  
Fashion Industry ◽  
The European Union ◽  
The World ◽  
Textile Industries ◽  
Design Protection ◽  
Gianni Versace ◽  
The Eu

Coco Channel, Yves Saint Laurent, Gianni Versace, and Thomas Burberry, all iconic names that are synonymous with fashion and the fashion industry. Further, they are all European designers. From Paris Fashion Week to Milan Fashion Week, Europe is arguably the center of emerging fashion. It can be theorized that the reason for strong intellectual property rights within the European Union (EU), in the area of fashion design, is due to the significance of the fashion industry within Europe. Within the EU, there has long been a recognition of the significance of design protection, which sets its IP protection apart from other places in the world. Several of the protections that the EU has implemented can be traced back historically to attempts by the countries in the region to protect their textile markets, and to protect regional innovations which were being developed within early textile industries. Even in the early stages of the EU's history, there were attempts to create uniformity within the area of design. The desire to create uniformity in this area is continuous, but Brexit threatens a path towards uniformity.

scholarly journals NEW INSTITUTE OF INTELLECTUAL PROPERTY LAW IN UKRAINE — UNREGISTERED INDUSTRIAL DESING

2020 ◽  
Author(s):  
Олександр Дорошенко ◽  
Людмила Работягова
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Industrial Design ◽  
Legal Protection ◽  
Legal Regulation ◽  
Community Design ◽  
Property Law ◽  
The European Union ◽  
Design Protection ◽  
The Eu

The article discusses the main provisions of the institution of intellectual property law — an unregistered industrial design, which was introduced into the legislation of Ukraine through the implementation of the provisions of Art. 212–217 Chapter 9 «Intellectual Property» ofthe Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, and harmonization with the norms of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs and Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.The authors analyzed the main features of the legal protection of industrial designs as unregistered industrial designs, namely: without registration for a short period of time, with a limited scope of rights. The legal regulation of the protection of an unregistered industrial design in Ukraine is similar to the legal regulation of an unregistered industrialdesign of the Community and has the same advantages and  disadvantages.Since the Community Design Regulation came into force, one important question has always lingered: can a design which is first disclosed outside the EU territory be protected by an unregistered Community design right when it is subsequently disclosed within the EU? The UK court’s recent reference to the Court of Justice of the European Union may finally will answer this question. The same question arises in relation to an unregistered industrial design in accordance with the new legislation ofUkraine and requires further clarification in law enforcement practice.Of equal interest is a date for assessing the novelty of a design. Is the date for assessing the novelty of a design for which unregistered Community design protection is the date on which the unregistered Community design protection for the design came into being according to the Regulation, or alternatively the date on which the relevantevent of disclosure of the design could reasonably have become known in the normal course of business to the circles specialized in the sector concerned, operating within the Community, or alternatively some other, and if so, which date?

LEGAL PROTECTION OF INDUSTRIAL DESIGN IN AZERBAIJAN AND EUROPEAN UNION

2021 ◽  
Vol 65 (04) ◽  
pp. 174-177
Author(s):  
Gunay Mustafa Mammadova Gunay Mustafa Mammadova ◽  
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Key Words ◽  
Industrial Design ◽  
Legal Protection ◽  
Legal Regulation ◽  
The European Union ◽  
Wide Range ◽  
Design Protection ◽  
Product Industry

Industrial design plays an important role in the field of intellectual property. There is no doubt that design is crucial to the success of a product. For this reason, companies use intellectual property laws to protect industrial design. This article covers one of the most important areas of intellectual property, legal protection of industrial designs, legal regulation of industrial design in Azerbaijan and the European Union. There should be accessible, modern and effective legal protections for design rights to encourage manufacturers to invest in designs. There is currently a wide range of legal tools available to protect designs at the national and European Union levels. Key words: industrial design, intellectual propert law, design protection, product, industry

scholarly journals Unregistered industrial design: protection in the European Union and the problem of trolling in Ukraine

2021 ◽  
pp. 60-71
Author(s):  
Yurii Kapitsa
Keyword(s):  
European Union ◽  
Industrial Design ◽  
Case Law ◽  
Third Party ◽  
The European Union ◽  
Association Agreement ◽  
Court Of Justice ◽  
The Law ◽  
The Right ◽  
Design Protection

Kapitsa Y. Unregistered industrial design: protection in the European Union and the problem of trolling in Ukraine. The article considers a new provisions concerning unregistered industrial design (hereinafter — UD), introduced by the Law of Ukraine № 815-IX of 21.07.2020.There is an incomplete reflection in the Association Agreement between the EU and Ukraine and in the adopted Law of the provisions of Council Regulation (EC) No 6/2002 on Community designs, in particular the lack of implementation of Art. 85 (2) of the Regulation concerning the conditions under which courts consider UD to be valid; and the rulings of the Court of Justice that the right holder must provide evidence that the UD was copied by a third party, Case C-345/13 etc.This may result in trolling in Ukraine with the use of UD to prohibit the use of known products or products created independently, bypassing trademarks.It is actual to:• provide amendments to the Law of Ukraine «On protection of rights to industrial designs» concerning the provisions of Art. 85 (2) of Regulation № 6/2002 and the case law of the Court of Justice;• extend the competence of the Appeals Chamber to cases concerning the recognition of UD as invalid;• amend the Law as well Art. 139, 140 of the Code of Civil Procedure of Ukraine and Art. 151, 153 of the Economic and Procedural Code of Ukraine regarding the provisions of Art. 50 TRIPS which stipulates that judicial authorities shall have the authority to require the applicant to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant is the right holder and that the applicant’s right is being infringed or that such infringement is imminent.There is a danger of partial approximation not to the whole EU acquis governing the protection of relevant IP rights which may result in the difficulty of applying implemented provisions of EU acts and developing national case law which could contradict EU case law.Key words: unregistered industrial design, protection of intellectual property rights, approximation of legislation, trolling

scholarly journals THE REFORM OF TRADE MARS PROTECTION IN THE EUROPEAN UNION AND IT’S IMPACT ON LEGISLATION OF UKRAINE

2016 ◽  
Vol 1 (127) ◽  
pp. 80-86
Author(s):  
Y. Kapitsa
Keyword(s):  
European Union ◽  
Trade Mark ◽  
The European Union ◽  
Industrial Property ◽  
Member States ◽  
Eu Legislation ◽  
License Agreements ◽  
Scope Of Protection ◽  
Collective Marks ◽  
The Eu

The adoption of the EU in 2015 the Directive 2015/2436 and Regulation 2015/2424 resulted in significant changes for the protection of trade marks at the level of the Member States and the EU trade mark. These changes are the result of the policy of the entire approximation of Member States laws in all issues of trademarks, which differs from the harmonization of «minimum rights» and the EU approach to harmonization of legislation on other industrial property objects. Comparison of changes to EU legislation and legislation of Ukraine demonstrates the necessity of making a number of amendments to national legislation regarding registration of scent and other non- traditional marks; clarify the scope of protection of rights; grounds for refusal of registration; concluding license agreements, protection of collective marks etc. It is essential to provide the clarification of the procedure for registration of trademarks in Ukraine to ensure compliance with the registration procedure, established by the Directive 2015/2436.

scholarly journals Competitiveness of the Textile Industry of the Republic of Serbia on the EU Market

2020 ◽  
Vol 58 (1) ◽  
pp. 1-16
Author(s):  
Živorad Gligorijević ◽  
Enes Ćorović
Keyword(s):  
European Union ◽  
Textile Industry ◽  
Complex Analysis ◽  
Sustainable Growth ◽  
Trade Integration ◽  
The European Union ◽  
The Republic ◽  
The Stability ◽  
The Eu

AbstractThe focus of research interest on the analysis of the competitiveness of the textile industry of the Republic of Serbia stems from the fact that, despite many years of negative indicators of development and objectively unsatisfactory status, the industry has maintained a recognizable and pronounced export potential. Namely, despite the marginal share in the production of gross domestic product, the textile industry is continuously, in terms of its export, among the top five most important exporters. The research should point to the trend and dynamics of changes in the competitiveness of the industry and the stability of the economic flows. For the purpose of complex analysis of the phenomena related to the competitiveness of this part of the national economy, the paper uses the methodology developed by the International Trade Centre UNCTAD/WTO (ITC), and in particular the Trade Performance Index group of indicators. The results of the research provide a basis for the conclusion that the textile industry can still be one of the stable pillars of self-sustainable growth, but also of the long-term production and trade integration of the Republic of Serbia with the European Union.

scholarly journals The resemblance, differences, and correlation between trademark and industrial design

2021 ◽  
Vol 59 (2) ◽  
pp. 161-176
Author(s):  
Nikola Milosavljević
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Scientific Method ◽  
Industrial Design ◽  
Legal Protection ◽  
The European Union ◽  
Design Protection

The changes that have occurred in the European Union design protection law have essentially modified the very notion of industrial design, and the function that it has on the market became more emphasized. Therefore, the nature of the industrial design became more similar to the nature of the trademark, which makes it possible for us to analyse their correlation. In the following paper the author examines the definition and the nature of industrial design using the comparative and historical scientific method. Then he compares the industrial design to a trademark by examining resemblance, differences, and overlap regarding the legal protection of these intellectual property rights. The purpose of such a paper is to make conclusion about the polyvalent nature of industrial design and explore if there are some functions of industrial design in the market that have not been attributed to it so far.

Russia - European Union: The continuation ofthe sanctions standoff

2017 ◽  
pp. 114-127
Author(s):  
M. Klinova ◽  
E. Sidorova
Keyword(s):  
European Union ◽  
Economic Recession ◽  
Economic Sanctions ◽  
Current Data ◽  
The State ◽  
The European Union ◽  
The Impact ◽  
The Eu ◽  
Year 2013

The article deals with economic sanctions and their impact on the state and prospects of the neighboring partner economies - the European Union (EU) and Russia. It provides comparisons of current data with that of the year 2013 (before sanctions) to demonstrate the impact of sanctions on both sides. Despite the fact that Russia remains the EU’s key partner, it came out of the first three partners of the EU. The current economic recession is caused by different reasons, not only by sanctions. Both the EU and Russia have internal problems, which the sanctions confrontation only exacerbates. The article emphasizes the need for a speedy restoration of cooperation.

Ensuring sustainable foreign economic relations of countries at the forefront and outskirts of the European Union

2020 ◽  
Vol 16 (10) ◽  
pp. 1980-1996
Author(s):  
T.S. Malakhova
Keyword(s):  
European Union ◽  
International Organizations ◽  
Economic Cooperation ◽  
Structure Model ◽  
Methodological Framework ◽  
The European Union ◽  
Early 21St Century ◽  
Economic Relations ◽  
Economic Bloc ◽  
The Eu

Subject. Foreign economic and trade ties among countries are getting tighter and less predictable in the early 21st century. This directly stems from a growing disparity of partners, especially if it goes about their future cooperation as part of integration groups or international organizations. Communities of experts suggest using various approaches to locally adjusting integration phases, especially implementing the two-speed integration in the European Union. Objectives. The study is an attempt to examine an improvement of foreign economic cooperation and suggest its implementation steps for the European Union. This all is due to considerable inner controversies and problems within the EU, which grow more serious year by year. Methods. The methodological framework comprises the historical logic, dialectical principles, scientific abstraction method. The process and system approach was especially important for justifying the implementation of the above steps. It was used to examine foreign economic relations of partners in the European Union. Results. The article sets forth the theoretical and methodological framework for the geostrategic economic bloc, including a conceptual structure model. I present steps to implement a foreign economic cooperation of partners in the EU in terms of its form. Conclusions and Relevance. Should the form of the foreign economic relations among the EU countries be implemented, counties at the periphery of the EU will be able to become active parties to the integration group.

European experience in transition to circular economy

2020 ◽  
Vol 19 (4) ◽  
pp. 598-617 ◽  
Author(s):  
S.V. Ratner
Keyword(s):  
European Union ◽  
Circular Economy ◽  
Raw Materials ◽  
Action Plan ◽  
National Level ◽  
The European Union ◽  
Scientific Methods ◽  
European Experience ◽  
General Scientific ◽  
The Eu

Subject. The article considers the concept of circular economy, which has originated relatively recently in the academic literature, and is now increasingly recognized in many countries at the national level. In the European Union, the transition to circular economy is viewed as an opportunity to improve competitiveness of the European Union, protect businesses from resource shortages and fluctuating prices for raw materials and supplies, and a way to increase employment and innovation. Objectives. The aim of the study is to analyze the incentives developed by the European Commission for moving to circular economy, and to assess their effectiveness on the basis of statistical analysis. Methods. I employ general scientific methods of research. Results. The analysis of the EU Action Plan for the Circular Economy enabled to conclude that the results of the recent research in circular economy barriers, eco-innovation, technology and infrastructure were successfully integrated into the framework of this document. Understanding the root causes holding back the circular economy development and the balanced combination of economic and administrative incentives strengthened the Action Plan, and it contributed to the circular economy development in the EU. Conclusions. The measures to stimulate the development of the circular economy proposed in the European Action Plan can be viewed as a prototype for designing similar strategies in other countries, including Russia. Meanwhile, a more detailed analysis of barriers to the circular economy at the level of individual countries and regions is needed.

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