George Cumming,Mirjam Freudenthal,Ruth Janal's Enforcement of Intellectual Property Rights in Dutch, PDF

By George Cumming,Mirjam Freudenthal,Ruth Janal

ecu Directive 2004/48 EC obliges Member States to hunt to accomplish ‘partial harmonization’ of the treatments, systems and measures essential to implement highbrow estate legislations. those tasks supply what could be termed a minimal average which needs to be fulfilled via the Member States during their implementation of the Directive. besides the fact that, the Directive isn't faring good on the Member kingdom point. the 3 authors’ tremendously precise, article-by-article research of the fortunes of Directive 2004/48 EC in 3 ecu jurisdictions bargains drastically worthy insights into the complicated methods Member States reply to group legislations, and in so doing presents a major addition to the continued inquiry into the character of the reciprocal tensions among european legislation (both judicial and legislative) and the legislation of Member States. the actual research undertaken the following unearths 3 paradigmatic events: the location during which the Directive has no longer been applied in any respect, both as the Member country believes that its present laws is sufficient or that the wording of the Directive is such that no certain laws is needed (England); the placement within which implementation has been insufficient, simply because both the pre-existing laws constitutes insufficient laws or as the in particular followed laws proves to be legally doubtful (The Netherlands); and the placement during which the appropriate time for implementation for the Directive has elapsed and no particular laws has been followed (Germany). If there relatively is, because the eu fee contends, an ‘enforcement deficit’ within the defense of highbrow estate rights through nationwide ideas of approach, then the best remedial strategy, Cummings exhibits, is thru the rules of felony simple task, complete influence, and potent judicial safety. those ideas will help the nationwide court docket in interpretation of the correct which means of the sizeable responsibilities lower than the Directive. Drawing at the tenor of ECJ legislations that nationwide procedural ideas aren't current a disadvantage to sufficient judicial defense, the writer considers the stipulations that needs to be fulfilled earlier than an eventual claimant, who has suffered loss and harm as a result of both the non-implementation or the inaccurate implementation of a directive, could convey an motion opposed to the kingdom for breach of group legislations. the writer provides his analyses of the implementation of the Directive in Dutch and English nationwide strategy and his proposals for German implementation as 3 separate instances instead of relatively, as any try to evaluate both the tactic of nationwide implementation or the measure of adequacy or inadequacy necessarily obscures the basic particularities of every of the 3 nationwide structures on the subject of the Directive. even though this ebook will pay off the research of somebody attracted to ecu legislation, will probably be of detailed price to practitioners and policymakers engaged in highbrow estate legislation, really in ecu Member States.

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Enforcement of Intellectual Property Rights in Dutch, English and German Civil Procedure (International Competition Law Series) by George Cumming,Mirjam Freudenthal,Ruth Janal

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