Types of infractions of trademark property rights. Аnalysis of judicial practice

Keywords: Property rights to the trademark, infractions of property rights, judicialpractice, protection of trademark rights, invalidation of the trademark certificate,early termination of the certificate The relevance of this article is that the largest number of legaldisputes in the sphere of intellectual property is disputes concerning violation of propertyrights for trademarks. The article examined the theoretical provisions of propertyrights for trademarks, as well as practical issues of violations of these rights. Specialattention is paid to the analysis of judicial practice concerning protection of rightsto trademarks. The categories of the mentioned cases have been highlighted and discussedin detail, statistical data and decisions have been made. It has been found thatthe overwhelming number of cases investigated concerns recognition of the Ukrainiantrademark certificate as invalid.The court cases on protection of rights to trademarks can be divided into severalcategories according to the claim requirements:1) On the recognition of the Ukrainian trademark certificate as invalid in whole orin part (for all or part of goods and/or services);2) On termination of infringement of intellectual property rights on the trademarkand obligation to take certain actions;3) On early termination of the Ukrainian trademark certificate in whole or in part(for all or part of goods and/or services);4) Other court cases. For example, the recognition of the non-legal patent ofUkraine for industrial design due to violation of rights for the registered trademark.The article contains detailed consideration of the mentioned categories of casesand statistical data about them.The analysis of judicial practice made it possible to establish the following statisticaldata: cases of invalidation of a trademark certificate are 47 %; cases on termination of infringementof rights to the trademark are 25 %; cases on early termination of the trademarkcertificate are 25 %; other cases on protection of rights to trademarks make 3 %.In addition, the analysis of court practice allowed to establish that 75 % of courtcases concerning protection of rights to trademarks are decided to satisfy the claim infull or in part.

London at work

This chapter offers a detailed consideration of London’s labour market, exploring the high degree of seasonality that applied in a reconstruction of London’s Roman working year. The harbour relied on inputs of manual labour and ox-drawn haulage, serving the needs of dozens of vessels docked against the quays or beached on the river foreshore. Demand was intensive during the summer sailing season, but negligible in the winter. London’s construction industry was similarly labour-intensive and seasonal. These demands combined to present high levels of labour demand from spring to autumn, interrupted by slack winters of underemployment. Some needs may have been met by seasonal immigration from the countryside, but a lack of evidence for knowledge exchange between town and country suggests that this was not on a large scale. It is more likely that labour, perhaps including a relatively high proportion of slaves, was redirected into industry and craft production as stock was built up against spring needs. The chapter reviews the evidence for these shops and workshops, and for industrial production in and around Roman London. Particular emphasis is given to the importance of shipbuilding, and the demand this placed on supplies of timber and iron. Other industries to receive attention include potting, tanning and leatherworking, and glassmaking.

„Ja duszą kwitnę, duszą”… Wokół twórczych wypowiedzi młodzieży o miejscu… oraz własnym życiu, inspirowanych dorobkiem Zosi Smreczyńskiej i Władysława Orkana

This publication is presented as part of the broadly understood didactics of the Polish language, in particular regional education seen from a modern perspective. A detailed consideration is devoted to aproposal to use geopoetic tools, including the topographic Outlook and the educational possibilities of literary texts and Young people’s creative endeavours, by showing their place of residence as constantly opening up New topographies, confirming or deconstructing the previous ones. The author treats the Podgórze region as a bearer of anthropological content, a link between various ways of recording experiences related to it. The research issues focus on the Gorce Mountains seen from the perspective of: 1) Władysław Orkan’s statements about mountains and their values; 2) the works of Zosia Smreczyńska intertwined with her experience of her native environment; c) poetry submitted by Young people participating in the Zosia Smreczyńska VIII County Poetry Competition and their various ties with their home towns.

Obligations in Contract, Tort and Equity: Reliance, Responsibility, and the Moral Dimension: Essay in honour of Sir John McGrath

I publish this essay to honour the memory of Sir John McGrath. I sat with Sir John for a number of years, first in the Court of Appeal and then in the Supreme Court. Professional respect soon turned into friendship. While we did not always agree, I always respected his views. They were carefully considered and fully researched. John gave detailed consideration to the opinions of others but was very much his own man when it came to his ultimate conclusion. His innate caution in departing from the well-trodden path was a valuable contribution in a final appellate court. Stability is an important feature of any legal system. And John provided that quality, but not at the expense of innovation when that was clearly desirable and could be achieved in a principled way. John's passing, so soon after his retirement, was a great loss, not only to his wife and family, but also to his many friends and colleagues, both in the law and beyond.

Hydrogen Peroxide in Ecological and Environmental Chemistry

This review paper is focused on the detailed consideration of the structure, properties and reactions of H2O2. The paper highlights the importance of revealing these processes’ mechanisms, since they have been insufficiently studied so far, or the related data have a fragmentary and incomplete character. A special attention is given to catalytic oxidation reactions, formation and properties of intermediates, their role in the natural environment.

The Alfonso X’s patronage of Gothic architecture

This article examines the architectural patronage of King Alfonso X and the notion of a ‘Court Style’ in thirteenth-century Gothic architecture. Following brief consideration of problems of evidence, I briefly sketch common characteristics of the architectural patronage of Alfonso’s royal rivals and allies across Europe and the Iberian Peninsula. This prompts reassessment of the king’s relationships with mendicant and Cistercian orders, and then detailed consideration of his financial contributions to the cathedrals of Toledo, Burgos and León. Although royal heraldry and imagery is prominent in all three cathedrals, I argue that Alfonso probably did not play a significant role in promoting rayonnant architecture in his kingdom. The most distinctive feature of his patronage lies in his support for work on the converted mosque-cathedrals of Seville and especially Córdoba. Finally, I consider a number of projects associated with Alfonso in Seville, notably the Gothic palace in the Alcázar.

Shelley and the Heart’s Echoes

Shelley’s life and work are characterized by elements which repeat and echo through the ten years of his writing career. This feature is explored through various perspectives including Shelley’s use of rhyme and metre, his habit of dense allusiveness, and his tendency to revisit poetic forms. His interest in Platonism and metempsychosis is discussed, and his related preoccupation with the commonalities and affinities in human experience between individuals and across time. There is detailed consideration in these contexts of some relatively lesser-known late works including the poems to Jane Williams, and the fragments of the ‘Unfinished Drama’, which explore in highly original and challenging ways the notion of repetition and echoing in personal relationships, and through time.

Morphology of the lectotype of Chelodina oblonga Gray 1841 (Testudines: Chelidae)

Uncertainty about taxonomy and nomenclature of the Australian long-necked turtle Chelodina oblonga has ensued since its description by Gray in 1841. This has been due to the general nature of information about provenance of the lectotype specimen and the ostensible morphological similarity of the specimen to another taxon from northern Australia that confused Gray and many subsequent workers. The south-western Australian provenance of the specimen has recently been confirmed by Shea et al. (2020). The present paper provides a detailed consideration of morphology of the specimen and compares it with other specimens available to Gray and to larger series that are now available. The study elucidates morphological aspects that have underlain the history of confusion and it highlights a number of characters that consistently differentiate adults of the relevant taxa. These demonstrate that morphology of the C. oblonga lectotype conforms with the taxon from the south-west of Western Australia, as has also been confirmed by recently published investigations of mitogenomics and historical information about provenance of the lectotype.

Brief analysis of foreign experience in arrangement of purchasing weapons and military equipment

for weapons, military and special-purpose equipment, supplies and services to support military forces of five states, which are world leaders in the military field: USA, UK, France, Germany and China. A special emphasis is made on shipbuilding. Materials and methods. The review is based on modern strategic documents and legislative acts regulating the procurement activities of major state military agencies. Main results. A detailed consideration is given to specific procurement systems operating in foreign countries, similar features and differences are identified, national specifics are mentioned. Recommendations are given regarding lessons to be learned by Russian military departments. Conclusions. Based on the foreign experience it is found advisable to combine centralized purchasing of major military products and equipment and decentralized procurement of some general-purpose items.

Judgement and Morality: Georg Kaiser's Zweimal Amphitryon and its Sources

<p>The purpose of this study is to analyse Georg Kaiser's Zweimal Amphitryon in the light of the various influences at work in his treatment of his subject, in order to seek an answer to the numerous questions raised by the play, and in the process to acquire a better understanding of both the author and the ideas he wished to present to the public. The play is analysed against the background of earlier works on the myth of Zeus's descent to earth and his seduction of Amphitryon's wife Alkmene; and other possible sources are considered in the light of Kaiser's numerous departures from those works. An investigation into one of the most radical changes he made, in the transformation of the character of Amphitryon, brings to light a little known poem written in the early 1800's and obviously having Napoleon as its subject, which leads to a detailed consideration of Amphitryon's resemblance to Adolf Hitler. The clear parallels between Kaiser's play and the New Testament story of the conception of Jesus are also analysed and show this to be the third major strand in the composition of the play An important element in the play, Amphitryon's trial before the citizens of Thebes and its sequel in Zeus's replacement of the sentence imposed by one for an offence not recognized by the Thebans, is discussed, its genesis in the earlier plays and its relationship to Kaiser's own trial for embezzlement considered, and its effect in pointing up the inherent unsoundness of our perception of reality noted. Kaiser's attitude to the actions leading to his trial is also relevant to a consideration of Zeus's role in the play. The study shows that Kaiser has combined three main themes, the condemnation of war, his Expressionist vision of the regeneration of man and his view of the unique position of the artist in society. In addition he raises a number of important issues that throw light on his own personality, for instance, issues of morality and the nature of justice, of the concept of guilt and responsibility and of human worth and of love.</p>