СONFUSING SIMILARITY BETWEEN THE TRADEMARK AND GEOGRAPHICAL INDICATION AS GROUND FOR REFUSAL OF REGISTRATION OF THE MARK: UKRAINE AND THE EU

Geographical Indication ◽

The European Union ◽

European Legislation ◽

Trademark Protection ◽

Legal Structures ◽

The Eu

The criterion of confusing similarity between the trademark and geographical indication as ground for refusal of registration of the mark in accordance with the legislation of Ukraine and the European Union has been studied. The degree of implementation of the norms of legislative acts in the field of trademark protection and protection of geographical indications in the Ukrainian legislation in the framework of cooperation of Ukraine with the European Union has been determined. The conclusions about the peculiarities of legal structures, similarities and differences between Ukrainian and European legislation in the context of defining the criterion of confusing similarity as ground for refusal of registration of a trademark have been made. The directions of a possible further study of the problematic of the article, taking into account the Ukrainian and European normative acts, aimed at protection of both trademarks and geographical indications as means of individualization, have been determined.

Földrajzi Árujelzők Magyarországon – Mi várható a magyar cseresznye ágazatban? : Geographical Indications in Hungary –what can be expected in the Hungarian cherry industry?

Köz-gazdaság ◽

10.14267/retp2021.04.13 ◽

2021 ◽

Vol 16 (4) ◽

pp. 223-236

Author(s):

Áron Török ◽

Annaróza Koleticsné Lükő ◽

Péter Gál

Keyword(s):

European Union ◽

Food Products ◽

Geographical Indication ◽

The European Union ◽

International Production ◽

The Status ◽

Local Actors ◽

Indication System ◽

Near Future

Az Európai Unió eredetvédelmi szabályozása lehetővé teszi egyes mezőgazdasági termékek és élelmiszerek előállítási hely szerinti megkülönböztetését, ha azok minősége nagymértékben az adott helyszínhez kötődik. Európában számos ilyen élelmiszer elnevezése élvez nemzetközi védelmet, Magyarországról jelenleg mindösszesen tizennégy. Azonban számuk a közeljövőben várhatóan jelentősen emelkedni fog, köztük két cseresznyével. A nagykörűi és szomolyai cseresznyetermelők helyzetét és az eredetvédelmi rendszerhez való csatlakozásuk várható hatásait vizsgálva megállapítható, hogy a földrajzi árujelzők hozzájárulhatnak ahhoz, hogy a gyümölcsöt nagyobb mennyiségben, magasabb áron lehessen értékesíteni, s a folyamat során létrejövő hasznok elsősorban az előállítás helyszínén realizálódjanak. Mindezek eléréséhez ugyanakkor az eredetvédelemben rejlő lehetőségek maximális kihasználása, továbbá széleskörű összefogás és egységes fellépés szükséges a földrajzi árujelzők érintettjei részéről. The geographical indication system of the European Union allows to differentiate agricultural and food products based on their origin, in case their quality is highly linked to the place of production. In Europe many such products with protected denominations benefit from the international production, from Hungary currently only fourteen products are protected, however their number is about to significantly rise in the near future, including two cherry producing sites. Based on the status and the expectations of the cherry producers in Nagykörű and Szomolya it is visible that geographical indications can contribute to sell these fruits in higher quantity for a higher price while the main beneficiaries would be local actors. However, in order to meet these expectations, all the potential advantages embedded in geographical indications have to be taken, and a wide cooperation and coordinated actions on behalf of the stakeholders is required.

Relationship with the European Union: Slovenia and Montenegro Compared

Politics in Central Europe ◽

10.2478/pce-2020-0030 ◽

2020 ◽

Vol 16 (3) ◽

pp. 667-687

Author(s):

Gordana Djurovic ◽

Damjan Lajh

Keyword(s):

European Union ◽

Social Interactions ◽

Eastern Bloc ◽

The European Union ◽

Integration Process ◽

Trade Relations ◽

Yugoslav Republic ◽

Formed Part ◽

The Eu

AbstractAs part of former Yugoslavia and non -members of the Eastern Bloc, Slovenia and Montenegro enjoyed a special status and relationships with the European Communities (EC) before most other socialist countries. Economic and social interactions with the EC and its member states thus formed part of Slovenian and Montenegrin life even during socialism, particularly after Yugoslavia signed special agreements on trade relations with the EC in the 1970s and 1980s. In this respect, Europeanisation as ‘practical’ integration with the EC was closely linked with liberalisation processes concerning the economy, society and politics along with democratic transition processes that began in the late 1980s. When Slovenia joined the European Union (EU) in 2004 following a relatively smooth integration process, Montenegro was still holding EU candidate member status, after having officially started its accession negotiations in June 2012. The article analyses selected development and integration aspects of Slovenia and Montenegro, their relationship with the EU, together with their similarities and differences. The aim is to highlight developments in both countries and determine whether Slovenia, as an ex -Yugoslav republic and EU member since 2004, may serve as a good example for Montenegro to follow while pursuing European integration.

LEGAL PROTECTION OF GEOGRAPHICAL INDICATIONS: NOVELTIES UNDER THE LEGISLATION OF UKRAINE

Theory and Practice of Intellectual Property ◽

10.33731/12020.200251 ◽

2020 ◽

Author(s):

Анатолій Кодинець ◽

Анастасія Сідоренко

Keyword(s):

Intellectual Property ◽

Legal Protection ◽

Geographical Indication ◽

The European Union ◽

Industrial Property ◽

Association Agreement ◽

The Law ◽

Indication Of Origin ◽

The Eu

The article deals with the features of legal protection of geographical indications in Ukraine. The basic international acts protecting geographical indications in Ukraine are outlined, including the Paris Convention for the Protection of Industrial Property of 1883, the Agreement on Trade-Related Aspects of Intellectual Property Rights in 1994. (TRIPS Agreement), which operates within the framework of the World Trade Organization and extends to goods originating in the Parties to the Agreement, Madrid Agreement 1891. and the Lisbon Agreement on the Protection of Designations of Origin and their International Registration in 1958, (Ukraine is not a party to the last two agreements). It also outlines the main national legal acts that protect this object of intellectual property, including the Civil Code of Ukraine, the Law of Ukraine «On the Legal Protection of GeographicalIndications», the Law of Ukraine «On Protection against Unfair Competition» and others. The purpose of the study is to analyze changes in the legislation on the legal protection of geographical indications, which came into force on January 1, 2020 andbecame one of the ways to adapt the acts of national legislation to the law of the European Union in accordance with the commitments made by Ukraine after signing theAssociation Agreement with EU. These include changing the name of a special law that protects geographical indications. In addition, the change in terminology, the replacement of the term «indication of origin of goods» and its components by the term «geographical indication». The new also provides legal protection with homonymousgeographical indications; submitting an application for a geographical indication in electronic form, and at the same time providing a product specification and a description of its basic provisions. The article also addresses issues that remain unresolved, a large number of European geographical indications protected under the EU Association Agreement and a very small number of registered geographical indications originating from the territory of Ukraine and the prospects of protecting national geographical indications in Ukraine and beyond.

In search of the concepts of the European Union research

Studia z Polityki Publicznej ◽

10.33119/kszpp.2016.2.6 ◽

2016 ◽

pp. 129-152

Author(s):

Stanisław Kaźmierczyk

Keyword(s):

European Union ◽

Complex Structures ◽

Eu Law ◽

The European Union ◽

European Legislation ◽

The Third ◽

Main Thesis ◽

New Concepts ◽

Shed Light ◽

The Eu

In search of the starting points of the title concept one can focus on the EU law as a broadly viewed basis encompassing the accession of the states to the European Union, thus their membership. In this context the following important question may be asked, i.e. where we obtain the knowledge of the European Union. Referring to the juridical correlation in place, we would then say that the answer lies in the respective treaty ofthe primary law of the EU It goes without saying that this answer is not subject to doubt. However, the answer itself does not prove comprehensive when we differentiate the foundation of the European Union, then the formal membership, and its development affiliation. Generally speaking, the first two areas legitimise the above presented ‘fromwhere’ in a different way from the way it is subject to legitimisation in the third area. The particle gains in importance as we still tend to (ultimately) explain the development of the European Union through the European legislation. One can apply this approach, yetone should also bear in mind that such action proves, above all, one-sided. The action primarily proves anti-developmental as it finds itself unable to shed light on the EU in the numerous aspects of its functioning.For the reasons given above, the main thesis of the paper is that, in the methodological ways of examining the thought, the European Union should be subject to examination through the EU as a community, i.e. the EU within the EU To help exemplify the reasoning, I applied the familiar inter, which is broadly applied in the methodologies of science. I ascribe the generation of new concepts to it, the ones that allow to examinethe complex structures of the EU, and through the examination it is hoped to coin new postulates that concern the steering of the EU as a way of practice. Undoubtedly, the inter is reconstructed on grounds of the up-to-date knowledge of itself. Only then do we conceptualise it, and arising out of this conceptualisation, we would reconstruct the postulates aimed at the EU, yet not in the narrow-juridical categories as the EU law doesnot exhibit a separately differentiated theory.

Regulatory and Marketing Challenges Between and U.S. and EU for Online Markets

Advances in Electronic Marketing ◽

10.4018/978-1-59140-321-0.ch013 ◽

2005 ◽

pp. 229-246

Author(s):

Heiko D. Wijnholds ◽

Michael W. Little

Keyword(s):

European Union ◽

Self Regulation ◽

Regulatory Environment ◽

The European Union ◽

Global Issues ◽

Legal Problems ◽

International Transactions ◽

The U.S ◽

The Eu

One of the biggest challenges marketers face with e-commerce is the regulatory environment, both at home and abroad. This is especially pertinent for international transactions between the U.S. and the European Union (EU). This chapter attempts to identify and categorize the major global issues involved. It also points out similarities and differences between the U.S. and the EU on such issues as regulation and self-regulation, taxation, jurisdiction and liability. The purpose of the chapter is to explain the various marketing challenges resulting from specific legal problems. Recommendations are developed for firms contemplating e-marketing to the EU.

11. Normative Political Theory and the European Union

European Integration Theory ◽

10.1093/hepl/9780198737315.003.0011 ◽

2018 ◽

pp. 216-236

Author(s):

Richard Bellamy ◽

Joseph Lacey

Keyword(s):

European Union ◽

Political Theory ◽

Social Contract ◽

Future Research ◽

Main Body ◽

Refugee Crisis ◽

The European Union ◽

Political Theories ◽

The Eu

This chapter highlights the three main positions that have come to dominate the normative debate on the European Union: cosmopolitanism (premised on a social contract between individuals globally), statism (premised on a social contract between states), and, more recently, demoicracy (premised on a social contract between states and all their individual citizens). The main body of the chapter attempts to understand each of these normative perspectives, both as freestanding political theories and as they have been applied to the EU. Proponents of each view maintain that the EU embodies some of the principles that comprise their respective theories, but fall short in other regards. Using each of these three theories to evaluate the European response to the refugee crisis, which peaked in 2015, the authors of this chapter attempt to further illustrate the similarities and differences between them. Final reflections concern directions for future research on political theory and the EU.

CORPORATE SUSTAINABILITY: A COMPARATIVE ANALYSIS OF THE LEGAL DISCIPLINE OF THE NON-FINANCIAL INFORMS (BRAZIL AND EUROPEAN UNION)

Panorama of Brazilian Law ◽

10.17768/pbl.y4n5-6.p284-305 ◽

2018 ◽

Vol 4 (5-6) ◽

pp. 284-305

Author(s):

Vinicius Figueiredo Chaves ◽

Alexandre Folly Nogueira Sertã

Keyword(s):

European Union ◽

Corporate Sustainability ◽

The European Union ◽

Financial Reports ◽

The Public ◽

Hard Law ◽

Legal Structures ◽

The Subject ◽

Administrative Institution ◽

The Eu

From the theoretical reference of the sustainability, the article analyses the question of the incorporation of both social and environmental order considerations to the business and operations carried out by the companies, through the public dissemination of the performances in such areas. The research, focused on the quality, under a exploratory profile, and based in the bibliographic and documental review techniques, such as the data collection, is herein developed with the goal of identifying and analyzing, comparatively, the normative treatment applied to the scope of the public divulging of non-financial reports (the so called sustainability informs or reports), accordingly to both the Brazilian and European perspectives. As noted, in Brazil, there is no legal obligation to publish the sustainability reports, although the publishing is recommended to the companies by BM&FBOVESPA (administrative institution of the capital market), since December of 2011, through an instrument that characterizes a “soft” Law. On the other hand, in the European Union (EU) scope, there has been a recognition of the necessity to increase the transparency of social and environmental information by certain corporate societies and groups of companies, which is considered an imperative element for their social responsibility. Therefore, both the European Parliament and the European Union Counsel edited directives (2013/2014), regarding the subject of the publishing of non-financial information. The legislative acts in question are destined to all the members of the EU, compelling them to intervene in the national legal structures (“hard” Law) in order to transpose, to the respective structures, under mandatory character and established deadline, the general norms that consecrate certain common parameters regarding the subject.

Protection of Geographical Indications in Vietnam: towards Raising the Participation of Producers

Vietnam Journal of Agricultural Sciences ◽

10.31817/vjas.2021.4.2.09 ◽

2021 ◽

Vol 4 (2) ◽

pp. 1087-1099

Author(s):

Nguyen Thi Minh Hanh ◽

Trinh Thi Ngoc Anh ◽

Le Thi Yen ◽

Vu Van Tuan ◽

Nguyen Thanh Hai

Keyword(s):

European Union ◽

Capacity Building ◽

Transition Period ◽

Geographical Indication ◽

The European Union ◽

Top Down ◽

Leading Role ◽

Awareness Raising ◽

Current Stage

This paper aims to review the current situation of the Vietnamese geographical indication (GI) system from both the legal and practical perspectives. It examines how the top-down approach influences the effectiveness and sustainability of the whole system. Further, the paper refers to the European Union (EU)’s experiences, particularly those of France - a representative of the bottom-up approach - to examine whether a shift to the producer-driven approach in GIs is workable in Vietnam. The paper argues that more active roles should be vested on producers represented by their associations during the course of establishment and management of GIs. Taking into account the capacity of producers and their associations in this current stage, the paper suggests a transition period before the producers assume the leading role in the whole system. During that period, it is recommended to endorse the producers’ role through legal recognition of the producers’ representative organizations, capacity building, and awareness-raising for producers and their associations to achieve desirable outcomes for GI development.

‘Different faces of dignity’: A functionalist account of the institutional use of the concept of dignity in the European Union

Maastricht Journal of European and Comparative Law ◽

10.1177/1023263x19879042 ◽

2019 ◽

Vol 26 (6) ◽

pp. 792-814 ◽

Cited By ~ 1

Author(s):

Davor Petrić

Keyword(s):

European Union ◽

Human Dignity ◽

The European Union ◽

Legal Concept ◽

Functional Roles ◽

Court Of Justice ◽

Institutional Contexts ◽

Functionalist Account ◽

The Eu

The article provides a functionalist account of the ‘institutional uses’ of (human) dignity in the jurisprudence of the Court of Justice of the European Union. It looks at how the legal concept of dignity is invoked and used in the adjudication processes in the European Union, what is its role, and what are its practical effects. The aim is to arrive at a better understanding of the dignity’s functional roles in the EU, but also of the functional similarities and differences in comparison with other European jurisdictions. This will further show in what aspects dignity is independent of or dependent on institutional contexts in which it operates, especially regarding the judicial practices and mutual relationships between different courts.

2. Union Legislation

An Introduction to European Law ◽

10.1093/he/9780198858942.003.0002 ◽

2020 ◽

pp. 37-60

Author(s):

Robert Schütze

Keyword(s):

European Union ◽

International Agreements ◽

The European Union ◽

European Legislation ◽

Constitutional Principle ◽

Legislative Procedures ◽

Legislative Procedure ◽

Ordinary Legislative Procedure ◽

Procedural Rights ◽

The Eu

This chapter examines how the European Union institutions cooperate in the creation of European legislation. Unlike many national legal orders, the EU Treaties expressly distinguish two types of legislative procedures: an ordinary legislative procedure and special legislative procedures. According to the ordinary legislative procedure, the European Parliament and the Council act as co-legislators with symmetric procedural rights. European legislation is here seen as the product of a ‘joint adoption’ by both institutions. Meanwhile, the defining characteristic of the special legislative procedures is that they abandon the institutional equality between the Parliament and the Council. The chapter then looks at the principle of subsidiarity—an EU constitutional principle that was designed to prevent the EU legislator from exercising its competences where the Member States would be able to achieve the desirable social aim themselves. It also considers the procedure for the conclusion of international agreements.