scholarly journals Compensation for material damages in Serbian industrial property law

2021 ◽  
Vol 93 (2) ◽  
pp. 357-376
Author(s):  
Bojana Spajić
Keyword(s):  
Property Rights ◽  
Global Scale ◽  
Global Market ◽  
The European Union ◽  
Industrial Property ◽  
Digital Revolution ◽  
Lump Sum ◽  
Face Threats ◽  
The Subject ◽  
Special Rules

In the era of the digital revolution and the global market economy, the economic interests of holders of industrial property rights face threats from new and advanced forms of infringement. In order to guarantee the safeguarding of the material status of the rightsholders, standards of protection have been set at the international level as well as within the European Union - with harmonization expected to take place on a global scale. These standards, related to compensation for material damages due to the infringement on industrial property rights, largely deviate from the general rules on compensation for damages. The reason for the deviations lie in the specifics of the authorizations that are inherent to these rights and the intangible nature of the intellectual property that is the subject of the protection: hence the need for specific methods devised to calculate the compensation of damages caused by the infringement on industrial property rights. This paper analyses special rules on compensation for material damages caused by infringement on industrial property rights, observed in domestic law as it has developed from 1995 and onwards. The subject of the analysis are the relics of previous positive law, i.e., triple compensation, and compensation for up to three times the amount of the license fee, as well as the current regulations on the damages set as a lump sum compensation, under which it may not be less than the compensation for the legal use of the subject of protection and compensation equal to the tortfeasor's gains. The aim of this paper is to propose de lege ferenda norms for enhanced regulation of the matter of compensation for material damages in the field of industrial property.

Green patents: a way to guide the eco-innovation success process?

2019 ◽  
Vol 32 (2) ◽  
pp. 225-243 ◽  
Author(s):  
Sabina Scarpellini ◽  
Pilar Portillo-Tarragona ◽  
Luz Maria Marin-Vinuesa
Keyword(s):  
Financial Performance ◽  
Innovation Activity ◽  
The European Union ◽  
Industrial Property ◽  
Content Type ◽  
Future Studies ◽  
Innovation Measurement ◽  
The Subject ◽  
Potential Impact ◽  
Main Determinants

Purpose The purpose of this paper is to explore the determinants of successful eco-innovation processes, using R&D intensity and green patents as metrics for eco-innovation measurement and analysis. Design/methodology/approach The paper reports the results of a quantitative study based on a sample of 2,218 firms with proactive profiles in eco-innovation, 249 of which have green patents registered in Spain or in the European Union. Findings The results suggest positive relationships between the activity of eco-innovation of firms with both the innovation activity in firms and the R&D intensity. The findings also confirm the influence of implementing innovation in the financial performance of business. Research limitations/implications The results will be useful for future studies on the subject and for practitioners making decisions on investments in collaborative R&D and its protection through industrial property in the form of green patents. The main determinants of eco-innovation analysed in this paper can be directly translated into practices because they provide information on how to strengthen these determinants in environmental R&D investments and the registration of green patents. Practical implications The results will be useful for future studies on the subject and for practitioners making decisions on investments in collaborative R&D and its protection through industrial property in the form of green patents. The main determinants of eco-innovation analysed in this paper can be directly translated into practices because they provide information on how to strengthen these determinants in environmental R&D investments and the registration of green patents. Originality/value Despite the popularity and potential impact of the eco-innovation on economy or society, it has fallen short in terms of its potential to improve financial performance in firms. This paper argues that the level of eco-innovation activity explains some variability in financial performance. In fact, those firms that have greater levels of innovation increase their performance.

scholarly journals Pirkuma līguma objekta izpratne jauno patērētāju pirkuma direktīvu gaismā

2021 ◽  
pp. 11-27
Author(s):  
Jānis Kārkliņš ◽  
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Goods And Services ◽  
Rights Protection ◽  
The Subject ◽  
Free Movement Of Goods ◽  
Special Rules ◽  
High Level ◽  
New Consumer

One of the objectives of the European Union is to create an internal market in which the free movement of goods and services is ensured. At the same time, by ensuring the free movement of goods and services, the European Union has a duty to promote a high level of consumer protection. In order to achieve both of these goals at the same time, the European Union has adopted, among other things, a significant number of directives, which the Latvian legislator has mostly transposed into the Consumer Rights Protection Law. Nevertheless, the development of digital technologies has made it necessary to lay down special rules in the event that the subject of the contract contains digital elements. Taking into account the above, this article provides analysis of the content of the new consumer sales directives (2019/770, 2019/771), their implementa­tion as much as possible in connection with the existing Latvian legal system, as well as views some legal issues related to the implementation of directives in Latvia.

scholarly journals Legal Responses to IPR Infringement in Internet Sphere

2018 ◽  
Vol 5 (1) ◽  
pp. 19-32
Author(s):  
Mahbubl Islam
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Global Scale ◽  
The Internet ◽  
Digital Revolution ◽  
Goods And Services ◽  
Legal Responses ◽  
Online Business ◽  
Ip Law

The emergence of the Internet has changed the ways in which we create, distribute, access, and use information. The Internet provides manifold opportunities for users, operators, businesses, and the public at large for speedy, cheap, and global dissemination of information, knowledge, research, and entertainment. At the same time, it also poses complex conceptual and empirical challenges for intellectual property and related rights. Works of intellectual property can be digitized and transferred over the Internet. Many trademarks have been placed on it by the companies for advertising and marketing goods and services. In the field of copyright, a number of works of literature, film and art, and notably computer programs, have been transferred over the Internet. The patent system has also migrated onto the Internet. It is now popular for companies to patent their online business methods. In the Internet Sphere, the infringer can easily misdirect consumers to its website by using another’s trademark as a meta-tag, and it is also easy to copy and distribute other’s copyright materials unlawfully. Due to global nature of the Internet, an Internet IP infringement usually happens not only within one country but also across borders. All of these have raised many difficulties for the protection of IPRs in Internet sphere. Therefore everyone has been dubious of what the actual laws concerning Intellectual Property rights are in relation to Internet sphere. Today the Internet explosion has made the question of how to enforce IP law on a global scale as an imperative issue. In this Article, the author tries to accentuate the existing as well as changing IPR challenges brought about by the Internet and project what issues a national legislature should consider to meet the demands of the digital revolution. The core object of this study is to scrutinize the compelling factors behind the Intellectual Property Rights Infringements through the Internet and investigate the existing Legal Responses in International, Regional and Local levels. However, the findings demonstrate that mass-awareness, consensus and mutual co-operation among the developed and developing countries, proper enforcement of the existing laws as well as bringing amendments to some areas of Law can be cited as a potential solution.  

scholarly journals A Expansão dos Direitos de Propriedade Industrial na União Europeia

2013 ◽  
Vol 8 (1) ◽  
Author(s):  
Marcelo Schultes
Keyword(s):  
European Union ◽  
Property Rights ◽  
Legal System ◽  
Regional Integration ◽  
Integrated Treatment ◽  
Internal Market ◽  
Private Law ◽  
Main Question ◽  
The European Union ◽  
Industrial Property

Resumo: A principal questão deste estudo é que, no ambiente de integração econômica da União Europeia, para que se perfectibilize o mercado interno, faz-se necessário o tratamento integrado da propriedade industrial no território do tratado, que pode ser caracterizado como a centralização de procedimentos e alargamento da validade dos títulos de propriedade industrial no espaço da União Europeia. As necessidades econômicas do mercado interno no espaço de integração demandam trazer à competência da União matérias antes tratadas nacionalmente pelos estados membros, notadamente quando se fala em temas de direito privado. A propriedade industrial é um bom exemplo disso, e o legislador europeu está paulatinamente trazendo a regulação desta matéria para dentro do ordenamento da União. Palavras Chave: União Europeia; Propriedade Industrial; Direito Privado; Alargamento; Marcas; Patentes; Design. Abstract: The main question on this study is that, in the regional integration environment of the European Union, for the internal market to get perfectibilized, it is necessary the integrated treatment of industrial property rights in the territory of the treaty, which can be characterized as the centralization of procedures and enlargement of the territorial validity of the industrial property rights in the European Union. The economic needs of the internal market in the integration territory demand to bring to the European Union's competence the matters originally treated nationally by the member states, especially when it comes to private law. Intellectual property is a good example of it, and the European legislator is gradually bringing the regulation of this matter into the legal system of the European Union. Keywords: European Union; Industrial Property; Private Law; Marks; Patents; Design.

scholarly journals The international experience of damages valuation criteria application for measuring losses through intellectual property illegal exploitation

2021 ◽  
Vol 77 (2) ◽  
pp. 154-166
Author(s):  
V. S. Solntsev ◽  
◽  
O. Ye. Kyiashko ◽  
N. B. Klymova ◽  
N. V. Nestor ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The United States ◽  
International Experience ◽  
Optimal Decision ◽  
The European Union ◽  
Material Loss ◽  
Lump Sum ◽  
Valuation Criteria

One of the main goals of intellectual property rights is to ensure financial protection of intellectual property rights of the rightsholder in case of violation. The article analyses the international experience of damages valuation criteria application for measuring losses through illegal exploitation of intellectual property (patents, trademarks, copyrights, etc.). The ability to make preliminary damage measuring due to the illegal use of intellectual property helps make better litigation choices. It is crucial to understand the basic approaches and damages valuation criteria in determining material loss. On the one hand, it helps the rightsholder make an informed and optimal decision to recover a reasonable amount of compensation in court. On the other hand, understanding the approach to determining damages affects the type and number of witnesses, facts, and experts involved in defending the case. Authors consider approaches and damage criteria for assessing the loss caused to rightsholders on the example of the European Union, the United States, and Colombia. It is shown that the same criteria are used in different countries for damages: lost benefit of the rightsholder; the profit of the offender; lump sum damage and/or hypothetical (“reasonable”) royalties; compensation established by law; coverage of other indirect losses. However, applying these criteria in different countries is different for the reimbursement of different types of intellectual property rights. The international experience analysis of damages valuation criteria application for measuring losses through intellectual property illegal exploitation allows to improve the normative-legal field in Ukraine and create a national methodology of damages measuring caused by illegal exploitation of the intellectual property.

Relations Between the Principle of Neutrality and Elements of Value Added Tax Structure

2021 ◽  
Vol 17 (3) ◽  
pp. 56-63
Author(s):  
Paweł Daniel
Keyword(s):  
Value Added ◽  
Equal Treatment ◽  
Tax Rates ◽  
The European Union ◽  
Value Added Tax ◽  
Tax Neutrality ◽  
The Subject ◽  
Special Rules ◽  
The Right ◽  
Method Analysis

Abstract The principal of neutrality is a key principle of the European Union (EU) Value Added Tax (VAT) system. The concept of tax neutrality has a number of dimensions and meanings. The purpose of the article is to examine whether the principle of neutrality shapes the main elements of VAT structure, what concepts of tax neutrality are proper to shape each of those elements, and how the principle of neutrality affects each of those elements. The method adopted for the examination is a doctrinal method – analysis of the VAT Directive provisions (using a formal-dogmatic approach supported by analysing selected judgements of the Court of Justice of the EU) but without those that concern special rules. The study showed that the basic elements of the VAT structure such as the subject of taxation, object of taxation, tax basis, tax rates, exemptions, and conditions of payment are shaped in different manner and extent by the principle of neutrality. Tax neutrality in its basic sense (marked N1) has the strongest influence on basis of taxation (improper amount of the basis disallows shifting the tax forward onto the customer and regaining output tax to relieve the taxable person entirely from the burden of the VAT) and obviously it influences the right to deduct input tax likewise in the tax period (term of refund). Tax neutrality in another sense (marked N2) by demanding equal treatment, affects such VAT elements as subject and object of taxation, exemptions and rates. Tax neutrality in the broadest sense (N3), as a term consisting of N1 and N2, concerns all the elements of VAT.

scholarly journals Endowments in European law: Current state and perspectives

2021 ◽  
Vol 93 (3) ◽  
pp. 700-733
Author(s):  
Jelena Veselinov
Keyword(s):  
Legal Status ◽  
Legal Regulations ◽  
The European Union ◽  
Member States ◽  
Non Profit ◽  
Eu Member States ◽  
Starting Point ◽  
The Subject ◽  
Special Rules ◽  
The Eu

Throughout history, endowment, although with the same content, has developed differently in European countries in terms of law. The national legal regulations of the countries in this area define the basic elements, legal status and functioning of legal entities established in the spirit of endowment differently. The idea of the European Union as a market characterized by the free flow of people and capital inevitably led to the emergence of a very complex set of rules that apply to the member states of this union. The inclusion of endowments in the single market and the growing number of those characterized by internationally useful goals often lead to insurmountable problems in the operations of endowments outside national borders due to national legislations of EU countries not being synchronized, regardless of the general aim to create a single space without any barriers to the flow of people, services and capital. This is the starting point used to examine the subject of this paper - the need to regulate and resolve situations in the functioning of endowments and foundations in Europe: by creating special rules at the EU level and equalizing or harmonizing rules relating to these non-profit organizations. The subject of the research was chosen because of the importance of the topic in the process of developing private EU law in the non-profit sector. The aim of this paper is to analyze the legal regulations related to endowments and foundations in the national legislations of the EU member states comparatively in terms of law, but also to analyze the proposals for creating uniform legal rules.

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.

Obywatele Unii Europejskiej – wyborcy Parlamentu Europejskiego – parlamentu ponadnarodowego

2016 ◽  
Vol 14 (3) ◽  
pp. 147-162
Author(s):  
Stefan Marek Grochalski
Keyword(s):  
European Union ◽  
Subject Matter ◽  
European Parliament ◽  
Legal Regulations ◽  
The European Union ◽  
Democratic State ◽  
The Subject ◽  
Direct Elections

Parliament – an institution of a democratic state – a member of the Union – is not only an authority but also, as in the case of the European Union, the only directly and universally elected representative body of the European Union. The article presents questions related to the essence of parliament and that of a supranational parliament which are vital while dealing with the subject matter. It proves that the growth of the European Parliament’s powers was the direct reason for departing from the system of delegating representatives to the Parliament for the benefit of direct elections. It presents direct and universal elections to the European Parliament in the context of presenting legal regulations applicable in this respect. It describes a new legal category – citizenship of the European Union – primarily in terms of active and passive suffrage to the European Parliament, as a political entitlement of a citizen of the European Union.

The state of democracy in the European Union in scenarios: federation, empire and Europe à la carte

2016 ◽  
pp. 90-108
Author(s):  
Marta Witkowska
Keyword(s):  
European Union ◽  
Reference Point ◽  
The State ◽  
The European Union ◽  
Scenario Development ◽  
Normative Approach ◽  
Norms And Values ◽  
The Subject ◽  
The Eu ◽  
A La Carte

The aim of the article is to present possible scenarios on maintaining democracy in the EU, while assuming different hypothetical directions in which it could develop as a federation, empire and Europe à la carte. Selected mechanisms, norms and values of the EU system that are crucial for the functioning of democracy in the European Union are the subject of this research. The abovementioned objective of scenario development is achieved through distinguishing the notions of policy, politics and polity in the research. In the analysis of the state of democracy in the European Union both the process (politics) and the normative approach (policy) have been adopted. The characterised norms, structures, values and democratic procedures in force in the EU will become a reference point for the projected scenarios. The projection refers to a situation when the existing polity transforms into a federation, empire or Europe à la carte. The article is to serve as a projection and is a part of a wider discussion on the future of the basis on which the European Union is build.

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