scholarly journals Trademark Protection in Bankruptcy Proceedings: A Closer Look at Lubrizol and its Progeny

2015 ◽  
Vol 15 (1) ◽  
pp. 57-76
Author(s):  
Endia Vereen
Keyword(s):  
Intellectual Property ◽  
Case Law ◽  
Negative Effects ◽  
The Future ◽  
Trademark Protection ◽  
Continued Use ◽  
Bankruptcy Code ◽  
Definition Of ◽  
The Right

When the worlds of bankruptcy and intellectual property licenses converge, licensees are placed in potentially dangerous positions. The seminal case on this issue, Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., stands for the proposition that when a licensor rejects an intellectual property license as "executory," the licensee no longer has the right to rely on provisions within the agreement with the debtor for continued use of the technology. To countermand the negative effects of Lubrizol, Congress amended the Bankruptcy Code, but intentionally omitted trademarks from the definition of intellectual property. This omission has produced a string of conflicting case law, leaving trademark licensees in a precarious position with few options for recourse. This Note discusses the Intellectual Property Bankruptcy Protection Act and trademark protection specifically, and details the circuit split created by Sunbeam Products, Inc. v. Chicago American Manufacturing. This Note focuses on the implications of the circuit split, and concludes by providing some suggestions for how courts can resolve this issue in the future.

Silence with caution: The right to silence in police investigations in Belgium

2021 ◽  
pp. 203228442110283
Author(s):  
Ashlee Beazley ◽  
Fien Gilleir ◽  
Michele Panzavolta ◽  
Joëlle Rozie ◽  
Miet Vanderhallen
Keyword(s):  
Case Law ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
The Public ◽  
Digital Devices ◽  
Police Investigations ◽  
Right To Silence ◽  
Right To Information ◽  
Definition Of ◽  
The Right

This article is about the right to remain silent within Belgium. Although the right has always been considered applicable, both the courts and parliament have historically demonstrated a disinclination to define or engage with this. The right to silence is now formally recognised in the Belgian Code of Criminal Procedure, albeit with the classic distinction between those who are not (yet) accused of a crime and those who are formal suspects: while all enjoy the right not to incriminate themselves, only formal suspects in Belgium enjoy the explicit right to remain silent. Accordingly, whilst no one may be obliged to assist with their own conviction or be forced to co-operate with the authorities, it remains unclear how far the right not to cooperate effectively stretches. The case law seems to be moving, albeit slowly, in the direction of confining this right within narrower borders, particularly by excluding its applicability with regard to the unlocking and decryption of digital devices. This is not, however, the only idiosyncrasy concerning the right to silence in Belgium. Among those also addressed in this article are: the lack of caution on the right to remain silent given to arrested persons immediately following their deprivation of liberty (an absence striking for its apparent breach of Directive 2012/13/EU on the right to information in criminal proceedings); the possible inducement to breach the right to silence via the discretionary powers of the public prosecutor to offer a reduction or mitigation in sentence; the obscurity surrounding the definition of ‘interrogation’ and the consequences of this on both the caution and the obtaining of statements; and the extent to which judges can draw adverse inferences from the right to silence. The question remains: is the right to silence currently protected enough?

Between health and salary: The incomplete regulation of working time in European law

2019 ◽  
Vol 10 (4) ◽  
pp. 370-385
Author(s):  
Vincenzo Ferrante
Keyword(s):  
Health And Safety ◽  
Case Law ◽  
Working Time ◽  
Equal Treatment ◽  
Social Rights ◽  
The European Union ◽  
International Regulation ◽  
History Of ◽  
Definition Of ◽  
The Right

The European Union competences on health and safety of workplace constituted the legal basis for the 93/104 Directive to be adopted (and for the consolidated text of 2003/88 Directive). The Court of Justice has firmly maintained this approach refusing to take into account the history of international regulation on working time, which links together work and salary in perspective to give the workers the right to fair and equal treatment as regards their working conditions (as has been recently proclaimed also by the European Pillar of Social Rights). Building on these general premises, this article analyses the more recent European pieces of legislation and cases related to on-call time and proposes a new model for the definition of working time in the light of CJEU case law.

scholarly journals Droit de Suite – The Artists’ Resale Right

2012 ◽  
pp. 71-75
Author(s):  
Anthony O’Dwyer
Keyword(s):  
Intellectual Property ◽  
English Translation ◽  
Copyright Law ◽  
Property Law ◽  
Future Success ◽  
Traditional Sense ◽  
First Sale ◽  
Definition Of ◽  
The Right ◽  
Droit De Suite

This article looks at the droit de suite, which is a legally recognised right that forms part of copyright law and more widely, intellectual property law. The article reviews the present restrictive application of the law, analyses the definition of the “artist” and discusses the merit of a wider interpretation and application of the droit de suite. The English translation of droit de suite literally means the ‘right to follow’ and, in the context of the artists’ resale right, it allows artists to follow the future success of their artistic works. This future success involves an economic entitlement that the artist may participate in. In practical terms this means that, after the first sale of the artistic work, every subsequent public sale, for instance through a dealer or a gallery, is subject to a sort of royalty. Royalties in the traditional sense entitle various types of artistic creators, such as ...

scholarly journals The Particularity of the Quranic Words in translation: A Study on the Korean Translation of the Word “Wali: Guardian”: خصوصية الألفاظ القرآنية في الترجمة: دراسة في الترجمة الكورية للفظة الولي

2020 ◽  
Vol 6 (3) ◽  
Author(s):  
Mona Farouk M. Ahmed
Keyword(s):  
Republic Of Korea ◽  
Ministry Of Education ◽  
Great Work ◽  
Korean Language ◽  
The World ◽  
The Future ◽  
The Republic ◽  
Definition Of ◽  
The Right ◽  
Holy Book

The Quran is the holy book of Islam which has been almost translated to all languages of the world. The translation of the words of God is a great work which include a responsibility of conveying the accurate meaning of God’s words. The researcher of this paper studied the Korean language and participated in Korean-Arabic translations over twenty years. Accordingly, the researcher felt the responsibility of which she tries through this paper to shed the light on the Korean translation of Quran hoping for reaching the most accurate translation for Quran. This paper focused on one word of the noble Quran, tracing the Korean translation to examine its accuracy as a sample of other words that may include difficulties in the Korean translation. The choice of the word “wali: Guardian” was based on its Islamic specificity and its possible impacts on the right understanding of Islam. The study began with the definition of the word and its Islamic particularity. Then, the study presented an analysis of the Korean translation of the word through exploring the Quranic verses containing the word. Finally, the study gave suggestions for the accurate translation of the word which would include recommendations for the future translation of Quran. * This work was supported by the Ministry of Education of the Republic of Korea and the National Research Foundation of Korea (NRF-2018S1A6A3A02022221). * هذا العمل مدعوم من وزارة التعليم الكورية والمعهد الكوري القومي للبحوث (NRF-2018S1A6A3A02022221).

scholarly journals HISTORICAL EXPERIENCE OF INTELLECTUAL PROPERTY REGULATION IN GALICIA AS A PART OF AUSTRIA AND AUSTRO-HUNGARY (1772–1918)

2021 ◽  
Vol 77 (4) ◽  
pp. 23-29
Author(s):  
Ihor Boiko ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Industrial Property ◽  
Historical Experience ◽  
Definition Of ◽  
The Right ◽  
First Time ◽  
Right Of Reproduction

The article analyzes the features of the legal regulation of intellectual property in Ukraine, in particular in the Ukrainian lands of Austria and Austria-Hungary (1772-1918). The author shows that the main source of legal regulation of civil relations, in particular intellectual property, in Galicia as part of Austria and Austria-Hungary (1772–1918) was the Austrian Civil Code of 1811. Property rights under the Austrian Civil Code of 1811 were the right of ownership, the right of possession, the right to pledge, and easements. The author highlights that things were divided into corporeal, disembodied, movable and immovable, used and unused, with price and without price. The bodily things were those perceived by the sense organs. Disembodied things included, first of all, property rights - the right to fish, hunt, and so on. It is shown that in the Austrian Empire for the first time the provisions on the legal regulation of intellectual property were provided for in the Civil Code of 1811 (Articles 1164‒1170). The author shows that the Austrian legal acts of 1846 for the first time regulated the free use of works, including the right of translation, citation. According to the law of 1846, the artist had to reserve the right of reproduction and exercise it for 2 years under the threat of losing his rights. It is emphasized that the presence of Western Ukrainian lands in the Austro-Hungarian monarchy, in comparison with the previous period of the Commonwealth, contributed to the spiritual progress of the Ukrainian nation, intensified cultural and artistic processes in Ukrainian lands. The author reveals that an important and new normative act in the field of intellectual property regulation was the Austrian Copyright Act for works of literature, art and photography, adopted on December 26, 1895. Attention is focused on the fact that the development of industrial property rights was carried out under the influence of economic development, which in the western Ukrainian lands as part of Austria was slower than in the economically developed regions of Austria, and thus - Austria-Hungary. It is concluded that the development of legal regulation of intellectual property in Galicia as part of Austria and Austria-Hungary (1772-1918) formed a certain experience, which was characterized by the specification of objects, subjects, the definition of intellectual property, the consolidation of copyright and their defense in court.

Making strategic decisions

2019 ◽  
Author(s):  
John Cousins ◽  
David Foskett ◽  
David Graham ◽  
Amy Hollier
Keyword(s):  
Business Environment ◽  
Strategic Decisions ◽  
The Future ◽  
Current Operation ◽  
Definition Of ◽  
The Right

Assessing the achievement of an organisation against its aims and within the business environment leads to the requirement to consider making strategic decisions about the current operation and the future of the organisation. Strategy is the means by which organisations attempt to achieve their objectives. In most organisations there is likely to be a complex set of stakeholders concerned to influence the objectives and hence the strategy of the organisation. Rather than be too concerned about the right definition of strategy it is useful to develop an understanding of what different writers or speakers mean by strategy, i.e. what are the underlying concepts that they are trying to get across?

Private prosecution of intellectual property rights infringements in Singapore

2019 ◽  
Vol 9 (4) ◽  
pp. 484-489
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Case Law ◽  
Trade Marks ◽  
Locus Standi ◽  
The Right

Case law from Singapore shows that one of the ways in which intellectual property rights holders have protected their rights is through private prosecutions. This is the case although the relevant pieces of legislation on patents, copyright and trade marks are silent on the issue of private prosecutions. The question of who is entitled to institute a private prosecution in intellectual property rights infringements remains unclear to some people. The purpose of this article is to discuss the issues of locus standi to institute a private prosecution in intellectual property cases and the measures to minimize abusing the right to institute a private prosecution.

THE RESTRICTION ON EXECUTION OF AGRUCILTURAL REAL ESTATE AGAINST AFTER CHANGE CONDITIONS LEGISLATION TRADING AGRICULTURAL REAL ESTATE.

2018 ◽  
Vol 2 (XVIII) ◽  
pp. 235-244
Author(s):  
Anna Ziajka
Keyword(s):  
Real Estate ◽  
Main Part ◽  
Case Law ◽  
Real Property ◽  
Definition Of ◽  
The Right ◽  
Law Regulation

The article provides an overview and analysis of the case law of courts in the field of execution concerning agricultural real estate. In the first part shows a statutory definition of real property. Thereafter, the main part of the article presents in detail an execution concerning immovable property after entering into force on amendment act. The article points out the conditions which have to be fulfilled in order to exceptionally obtain the ownership of agricultural real estate in accordance with law. Regulation were analysed in view fact, that pursuant to the Polish legislation, the right of pre-emption is granted only to coowners of agricultural real estate.

scholarly journals Interpreting retained EU private law post-Brexit: Can commonwealth comparisons help us determine the future relevance of CJEU case law?

2019 ◽  
Vol 48 (1-2) ◽  
pp. 15-38
Author(s):  
Paula Giliker
Keyword(s):  
European Union ◽  
Case Law ◽  
Private Law ◽  
Eu Law ◽  
The European Union ◽  
Privy Council ◽  
Legal Perspective ◽  
The Future ◽  
The Uk ◽  
The Right

In June 2016, the United Kingdom voted in a referendum to leave the European Union (EU). The consequences of Brexit are wide-ranging, but, from a legal perspective, it will entail the repeal of the European Communities Act 1972. The UK government does not intend to repeal EU law which is in existence on exit day, but, in terms of the interpretation of retained law, decisions of the Court of Justice of the European Union (CJEU) will no longer be binding after Brexit. Nevertheless, s. 6(2) of the EU (Withdrawal) Act 2018 does allow the UK courts to continue to pay regard to EU law and decisions of the CJEU ‘so far as it is relevant to any matter before the court’. This article will consider the meaning of the phrase ‘ may have regard to anything…so far as it is relevant’. In empowering the courts to consider post-Brexit CJEU authority subject to the undefined criterion of relevancy, how is this power likely to be exercised? A comparison will be drawn with the treatment of Privy Council and the UK case law in Commonwealth courts following the abolition of the right of appeal to the Privy Council, with particular reference to the example of Australia. It will be argued that guidance may be obtained from the common law legal family which can help us predict the future relevance and persuasiveness of CJEU case law in the interpretation of retained EU private law.

Amendments to the Argentine Trademark Law: Initial Impact

2020 ◽  
Author(s):  
Iris V Quadrio ◽  
Carol A O’Donnell
Keyword(s):  
Intellectual Property ◽  
Case Law ◽  
International Standards ◽  
Industrial Property ◽  
Trademark Law ◽  
Reference Guide ◽  
Starting Point ◽  
Comparative Review ◽  
Trademark Protection ◽  
Administrative Procedures

Abstract This paper examines the principal changes to the Argentine Trademark Law in 2018. The aim of these amendments was to reduce bureaucracy and simplify administrative procedures in a vast diversity of areas besides intellectual property, such as corporate, finance, insurance and labor matters, among others. With respect to intellectual property, however, some of the changes seem to be substantive and not merely procedural. The purpose of this article is to analyze the changes to the Argentine Trademark Law and provide a practical reference guide in relation to trademark protection in Argentina. The authors discuss how the system for resolving oppositions has been simplified, reducing time and costs to obtain registrations. In addition, the authors provide a comparative review of some of the judicial decisions ruled on the merit of oppositions and those adopted by the National Institute of Industrial Property in 2020. Based on this comparative case law and the analysis of the amendments to the new law, the authors share their views on the implementation of the changes and their application in practice, which may serve as a starting point for those interested in registering their trademarks in Argentina. They conclude that the modifications to the Argentine Trademark Law are positive and aim to bring the Argentine system in line with international standards.

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