scholarly journals International Legal Aspects of Civil Protection of Intellectual Property Rights in the Czech Republic and Ukraine

1970 ◽  
pp. 248-253
Author(s):  
Ruslan Boudka
Keyword(s):  
Czech Republic ◽  
Intellectual Property ◽  
Legal Protection ◽  
Legal Aspects ◽  
Legal Order ◽  
Eu Law ◽  
International Treaties ◽  
The Czech Republic ◽  
Domestic Law ◽  
The Eu

The purpose of the article is a comparative analysis of certain international legal aspects of the Czech and Ukrainian systems of protection of IPR in the context of European integration processes. A comparative analysis of the basic principles of the interaction between international and domestic law between Ukraine and the Czech Republic shows that there are similar and distinct features. The similarity is based on the fact that the constitutions of both states contain an ambivalent legal regime effect of the provisions of international and national law, according to which the provisions of international treaties, which are properly implemented in domestic law, are an integral part of it. This means the supremacy of the national constitution on the provisions of a ratified international treaty, which, in turn, takes precedence over domestic law by virtue of the principle of good faith implementation of international treaties and the inadmissibility of invoking deficiencies in internal law and as a ground for non-compliance with international obligations. On the basis of the application of dogmatic, natural law and comparative-legal approaches the peculiarities of interaction of the international and domestic system of legal protection of intellectual property law are analyzed. The peculiarities of international legal protection of intellectual property law in the Czech Republic are revealed, in particular at the level of universal and regional systems of international protection, as well as in the framework of the supremacy of the European Union law and its horizontal effect on the legislation of Czech Republic. The difference between the legal order of Ukraine and the Czech Republic on the interaction of international and national law is conditioned by an EU factor, since the Czech Republic is a Member State of the Union. In the course of interaction between the domestic legal order of Ukraine with the EU, this takes place in the form of an approximation, the legal forms of which are defined by the Association Agreement between Ukraine and the EU. The interaction between the internal law of the Czech Republic and the EU law is determined in the field of intellectual property rights through at least two parameters: 1) the supremacy of law of the EU over the legislation of the Czech Republic; 2) the horizontal effect of EU law when the legislation of the Czech Republic does not properly specify and detail the principles and norms of the EU in private-law relations between individuals.

EU Law in the Czech Republic: From ultra vires of the Czech Government to ultra vires of the EU Court?

ICL Journal ◽  
2015 ◽  
Vol 9 (3) ◽  
Author(s):  
Ivo Šlosarčík
Keyword(s):  
Czech Republic ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
Related Case ◽  
The Czech Republic ◽  
Constitutional Principle ◽  
Legal Provisions ◽  
International Obligations ◽  
The Eu

AbstractBefore the Czech Republic joined the European Union in 2004, its constitution has been amended with objective to guarantee constitutional conformity of the EU accession. The Czech legal system has been opened to external legal provisions and a constitutional mechanism has been established for transfer of competencies to an external entity, all framed by the explicitly formulated constitutional principle of loyalty to the international obligations of the Czech Republic. However, the ‘European amendment’ of the Czech Constitution has left several important issues unanswered, such as the principle of supremacy of the EU law or relations between the Czech Constitutional Court and the Court of Justice of the EU.This article analyses how the Czech Constitutional Court tackled with EU-related constitutional issues that emerged during the first decade of Czech membership in the EU. Focused on four key cases decided by the Czech Constitutional Court (sugar quotas, European Ar­rest Warrant, Lisbon Treaty, Slovak Pensions), the article will demonstrate how the Czech Constitutional Court combined a conservative and pragmatic approach in its EU law related case-law by formulating a constitutional doctrine of a ‘EU-friendly’ interpretation of Czech constitutional rules, while, at the same time, leaving the EU law formally outside the frontiers of Czech constitutional law and refusing EU law to be used as the ultimate argument in intra-judiciary disputes in the Czech Republic.

scholarly journals International trade risks

2019 ◽  
Vol 292 ◽  
pp. 01047
Author(s):  
Eva Hoke ◽  
Jan Marada ◽  
Romana Heinzová
Keyword(s):  
International Trade ◽  
Czech Republic ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The Czech Republic ◽  
Business Partners ◽  
National Market ◽  
Customs Administration ◽  
The Eu

There are a number of risks in the international trade associated with differences in the regulatory environment, logistics, geographical distance and the common misunderstanding among business partners. It would not be possible to comprehensively cover all risks because of the scale of the contribution. The paper deals the characteristics and mapping of international trade risks in the area of protection of intellectual property rights and consumer protection, as well as the processing of statistics on the occurrence of counterfeit frequency in the Czech Republic. The authors briefly described the basic concepts such as counterfeit, dangerous product, dangerous food, intellectual property rights, and international trade risks. The main part of the contribution already contains the interpretation of the achieved results. Based on the analysis and controlled interviews with practitioners, the customs procedure is described and the statistics of goods detained in the customs market both on the national market and on the EU market are processed and compared. The conclusion of the work summarizes the results and outlines possible future development of the Customs Administration of the Czech Republic.

Legal Aspects of EU Military Operations

2011 ◽  
Vol 15 (1-2) ◽  
pp. 218-242 ◽  
Author(s):  
Frederik Naert
Keyword(s):  
International Law ◽  
Crisis Management ◽  
Legal Framework ◽  
Legal Aspects ◽  
Eu Law ◽  
Military Operations ◽  
Legal Challenges ◽  
Defence Policy ◽  
Domestic Law ◽  
The Eu

This article provides a brief overview of the legal aspects of EU military crisis management operations, which, together with the EU’s civilian missions, are the main manifestation of the EU’s Security and Defence Policy. After the introduction (I), section II addresses the EU law aspects, section III covers the main international law aspects and section IV deals with domestic law aspects, including both the law of sending States and of the host State. Section V draws some conclusions and offers some reflections on the legal aspects of EU military operations and their role and importance. The author concludes that the EU has a well established legal framework for its military operations, which is soundly anchored in the EU Treaty, elaborated in practice and firmly based in and in compliance with international law. He also submits that the Lisbon Treaty reinforces this legal framework on several points and that the EU can rely on a number of mechanisms that should enable it to address most legal challenges that may arise.

scholarly journals Qualitative Research on PESCO Projects Direction in the Field of CBRN

2021 ◽  
Vol 30 (4) ◽  
pp. 60-73
Author(s):  
Miroslav Pohanka ◽  
Antonín Novotný
Keyword(s):  
Qualitative Research ◽  
European Union ◽  
Czech Republic ◽  
The Other ◽  
International Treaties ◽  
Basic Principles ◽  
The Czech Republic ◽  
International Projects ◽  
Further Development ◽  
The Eu

Chemical, Biological, Radiological and Nuclear (CBRN) weapons still represent a relevant threat despite international treaties and regulations. International projects like the Permanent Structured Cooperation (PESCO) of European Union (EU) appears as a suitable way of the further development when considered both complexity and expensiveness of the countermeasures to the CBRN. In this work, basic principles of PESCO, limitations, opportunities and expected directions of innovations were searched. The final recommendations on PESCO projects in the CBRN field are founded on the reached findings. Recommendations and conclusions on limited PESCO efficacy on one side and opportunity to resolve weakness of the Army of the Czech Republic (AČR) in the CBRN by collaboration in the EU on the other were particularly described in this paper. Without the collaboration, the AČR will hardly reflect the progress on CBRN defense.

5. Supremacy of EU law

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Czech Republic ◽  
European Court Of Justice ◽  
Eu Law ◽  
Member States ◽  
The Czech Republic ◽  
European Court ◽  
The Uk ◽  
The Relationship ◽  
The Eu

This chapter focuses on the supremacy of European Union (EU) law over the law of the member states and the relationship with international law. It suggests that the reasons and logic for the supremacy of the EU law have been developed through the decisions and interpretation of the European Court of Justice (CoJ) and provides relevant cases to illustrate the views of the CoJ on the superiority of EU law. This chapter also describes the reception and implementation of EU law in several member states, including the UK, but now in the light of Brexit, Germany, Italy, France, the Czech Republic, Denmark, and Spain.

scholarly journals Legal Aspects of EU Funding Related to State Organisational Units in the Czech Republic

2019 ◽  
pp. 585-594
Author(s):  
Irena Válková
Keyword(s):  
Czech Republic ◽  
National Level ◽  
Legal Aspects ◽  
Present System ◽  
Investment Funds ◽  
The Czech Republic ◽  
Robust Implementation ◽  
Shared Management ◽  
The Eu

State organisational units in the Czech Republic play different roles while receiving appropriations from the EU budget. The robust implementation structure was established at the national level delegating power on selected state organisational units to manage funds under shared management such as European structural and investment funds. In addition, state organisational units might be beneficiaries of projects under direct and indirect management. The paper focuses on key problems that the present system brings.

scholarly journals From Flexible Balancing Tool to Quasi-Constitutional Straitjacket—How the EU Cultivates the Constraining Function of the Three-Step Test

2021 ◽  
pp. 83-105
Author(s):  
Martin Senftleben
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Crucial Role ◽  
Step Test ◽  
Eu Law ◽  
International Treaties ◽  
Limitations And Exceptions ◽  
Marrakesh Treaty ◽  
The Eu

This chapter focuses on one of the most important hedges protecting strong intellectual property rights: the three-step test. This test forms part of the TRIPS Agreement and other international treaties, as well as EU law. It regulates the room for the adoption of limitations and exceptions to exclusive rights across different fields of IP. As a flexible compromise formula, the provision plays a crucial role at the intersection between IP protection and areas of freedom that serve competing economic, social, and cultural interests. The chapter then outlines the potential enabling and constraining functions of the three-step test in international and supranational copyright law and explores the way in which a potentially flexible international balancing tool has been converted into a powerful IP hedge. In particular, it looks at the embedding of the constraining function in EU law and the Marrakesh Treaty.

5. Supremacy of EU law

2020 ◽  
pp. 131-152
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Czech Republic ◽  
European Court Of Justice ◽  
Eu Law ◽  
Member States ◽  
The Czech Republic ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
The Eu

This chapter focuses on the supremacy of European Union (EU) law over the law of the member states and the relationship with international law. It suggests that the reasons and logic for the supremacy of the EU law have been developed through the decisions and interpretation of the European Court of Justice (CJEU) and provides relevant cases to illustrate the views of the CJEU on the superiority of EU law. It also considers the transfer and division of competences. This chapter also describes the reception and implementation of EU law in several member states, including Germany, Italy, France, the Czech Republic, Denmark, and Spain.

scholarly journals Control de la constitucionalidad del derecho secundario de la Unión Europea en los países del «grupo Visegrad» = The constitutionality of the EU secondary law in the Visegrad Group’s countries

2014 ◽  
Vol 1 (33) ◽  
pp. 399
Author(s):  
Jaroslaw Sulkowski ◽  
Anna Chmielarz-Grochal
Keyword(s):  
European Union ◽  
Czech Republic ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
The Czech Republic ◽  
Legal Situation ◽  
El Sistema ◽  
Long Time ◽  
The Eu

Los países del Grupo de Visegrad se unieron a la Unión Europea hace más de una década, tiempo suficiente para tratar de evaluar el funcionamiento de las normas creadas desde la Unión Europea en los tribunales constitucionales de los nuevos Estados miembros. Debido a la similitud de cultural, histórico y de la legalidad parece ser útil para analizar la situación legal en Polonia, la República Checa, Eslovaquia y Hungría. El estudio muestra que la Constitución en la medida en que se refiere a los actos de Derecho derivado de la UE en el sistema jurídico nacional puede crear cierta confusión. En Polonia y Eslovaquia, las constituciones garantizan la primacía del Derecho derivado de la UE, sin embargo, no precisa la relación entre estos actos y el Derecho derivado de la UE. En la República Checa la Constitución no se refiere a las normas creadas por la Unión Europea. En Hungría, por su parte, la ley de la UE se considera como una ley nacional, pero no elimina las dudas sobre la posibilidad de su control constitucional.The Visegrad Group’s countries joined the European Union more than 10 years ago, it’s a long time, enough to take in trying to assess the functioning of the acts created by the European Union in the constitutional courts of the new Member States. Due to the similarity of cultural, historical and legality seems to be useful to analyzethe legal situation in Poland, the Czech Republic, Slovakia and Hungary. The study shows that the constitution in so far as they relate to the acts of secondary EU law in the national legal system may raise some confusion. In Poland and Slovakia the constitutions guarantee the primacy of the EU secondary law, however, they do not precise the relationship between those acts and the EU secondary law. In the Czech Republic the constitution does not relate to the acts created by the European Union. In Hungary, in turn, EU law is treated as anational law, but it does not eliminate the doubts about the possibility of its control with the constitution.

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