Code De La Consommation 2013

Download Code De La Consommation 2013 full books in PDF, epub, and Kindle. Read online Code De La Consommation 2013 ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Enforcement and Effectiveness of Consumer Law

Author : Hans-W. Micklitz
Publisher : Springer
ISBN 13 : 3319784315
Total Pages : 708 pages
Book Rating : 4.3/5 (197 download)

DOWNLOAD NOW!

Book Synopsis Enforcement and Effectiveness of Consumer Law by : Hans-W. Micklitz

Download or read book Enforcement and Effectiveness of Consumer Law written by Hans-W. Micklitz and published by Springer. This book was released on 2018-07-06 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.

The New Regulatory Framework for Consumer Dispute Resolution

Author : Pablo Cortés
Publisher : Oxford University Press
ISBN 13 : 0191079081
Total Pages : 512 pages
Book Rating : 4.1/5 (91 download)

DOWNLOAD NOW!

Book Synopsis The New Regulatory Framework for Consumer Dispute Resolution by : Pablo Cortés

Download or read book The New Regulatory Framework for Consumer Dispute Resolution written by Pablo Cortés and published by Oxford University Press. This book was released on 2016-12-01 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.

Code de la consommation 2013

Author : France
Publisher : Lexis Nexis
ISBN 13 : 9782711017461
Total Pages : 1490 pages
Book Rating : 4.0/5 (174 download)

DOWNLOAD NOW!

Book Synopsis Code de la consommation 2013 by : France

Download or read book Code de la consommation 2013 written by France and published by Lexis Nexis. This book was released on 2013 with total page 1490 pages. Available in PDF, EPUB and Kindle. Book excerpt: L'ensemble du droit de la consommation et du crédit aux consommateurs compose ce code destiné à la fois aux magistrats, aux professionnels, à tous les consommateurs et à leurs associations, ainsi qu'aux étudiants en droit. Annoté de très nombreuses références bibliographiques et jurisprudentielles récentes, il comporte, en outre, dix-neuf annexes thématiques reproduisant notamment les recommandations de la Commission des clauses abusives, ainsi que de nombreux textes de droit national et européen. La table des matières, la table des textes cités et un index précis et détaillé facilitent l'accès à l'information. Parmi les nouveautés : la loi du 28 janvier 2013 portant diverses dispositions d'adaptation de la législation au droit de l'Union européenne en matière économique et financière (établissements de monnaie électronique) ; le décret du 27 décembre 2012 pris pour l'exécution du règlement (UE) numéro 305/2011 du 9 mars 2011 ; le décret du 27 décembre 2012 relatif aux modalités de calcul du taux annuel effectif global et au délai de rétractation d'un contrat de crédit affecté lors d'une demande de livraison immédiate ; l'ordonnance du 19 décembre 2012 relative au renforcement de la sécurité de la chaîne d'approvisionnement des médicaments, à l'encadrement de la vente de médicaments sur internet et à la lutte contre la falsification de médicaments.

The Code Napoléon Rewritten

Author : John Cartwright
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911618
Total Pages : 563 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis The Code Napoléon Rewritten by : John Cartwright

Download or read book The Code Napoléon Rewritten written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience.

International Bank and Other Guarantees Handbook

Author : Yann Aubin
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141294
Total Pages : 1392 pages
Book Rating : 4.0/5 (411 download)

DOWNLOAD NOW!

Book Synopsis International Bank and Other Guarantees Handbook by : Yann Aubin

Download or read book International Bank and Other Guarantees Handbook written by Yann Aubin and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 1392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Familiarity with guarantees and how they function under various national jurisdictions are essential for principals, guarantors, and beneficiaries of international contracts. This enormously useful handbook provides a practical overview of the guarantee regimes in twenty-eight European countries, with country-by-country contributions from regional expert practitioners and academics. For easy comparison, each country report follows the same structure, from preliminary discussion on the provisions of a guarantee to its negotiation, drafting, and enforcement. Focusing on specific issues to consider at every stage, each chapter provides detailed information and guidance on such aspects as the following: . who can issue guarantees; . limitations as to the type of obligations which may be subject to a guarantee; . issues relating to the protection of the contracting parties; . formal requirements which need to be complied with; . stamp duties or other tax payable; . presence of implied terms; . legal framework applicable to joint and several obligations; . modification of the situation; . conditions for release and actions to be taken to ensure a valid release; . opening of bankruptcy proceedings against the principal; . court enforcement; and . incorporation of uniform rules. Each chapter includes references and model guarantee forms that readers can use to draft their own documents. Invaluable to corporate counsel and law firms with an international practice, this peerless handbook will prove the first order of business in trade negotiations across Europe, among European nations themselves as well as with their global partners.

Comparative Contract Law

Author : Larry A. DiMatteo
Publisher : Oxford University Press
ISBN 13 : 0198728735
Total Pages : 513 pages
Book Rating : 4.1/5 (987 download)

DOWNLOAD NOW!

Book Synopsis Comparative Contract Law by : Larry A. DiMatteo

Download or read book Comparative Contract Law written by Larry A. DiMatteo and published by Oxford University Press. This book was released on 2016 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these two jurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioral analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formation and defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved, and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.

The European Unfair Commercial Practices Directive

Author : Willem van Boom
Publisher : Routledge
ISBN 13 : 1317033167
Total Pages : 284 pages
Book Rating : 4.3/5 (17 download)

DOWNLOAD NOW!

Book Synopsis The European Unfair Commercial Practices Directive by : Willem van Boom

Download or read book The European Unfair Commercial Practices Directive written by Willem van Boom and published by Routledge. This book was released on 2016-02-11 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.

Compliance with European Consumer Law

Author : Felix Pflücke
Publisher : Oxford University Press
ISBN 13 : 0198906404
Total Pages : 252 pages
Book Rating : 4.1/5 (989 download)

DOWNLOAD NOW!

Book Synopsis Compliance with European Consumer Law by : Felix Pflücke

Download or read book Compliance with European Consumer Law written by Felix Pflücke and published by Oxford University Press. This book was released on 2024-08-25 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Consumer Law has adapted and evolved in response to the rapid growth of e-commerce in the last two decades. Compliance with European Consumer Law: The Case of E-Commerce examines the evolving legal framework at the EU and national levels - from mandatory disclosures to unfair contract terms - and analyses the extent to which scientifically grounded evidence or theories underpin these legislative choices. At the heart of the book lies an original, data-driven inquiry assessing compliance among e-commerce traders with consumer protection rules. The empirical analysis investigates whether 300 traders from four jurisdictions (France, Germany, the Netherlands, and the United Kingdom) comply with their legal duties and identifies reasons for non-compliance. It translates the evidence of previously undiscovered non-compliance patterns into targeted and actionable policy recommendations, presenting a significant new interpretation of the regulatory landscape. Compliance with European Consumer Law offers a unique, analytical perspective and contributes to a deeper understanding of e-commerce regulation. Innovative and engaging, this book advocates for a more evidence-driven approach within European Consumer Law aimed at strengthening the effectiveness of the rules and fostering trader compliance.

The Alternative Investment Fund Managers Directive

Author : Dirk A. Zetzsche
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041149953
Total Pages : 948 pages
Book Rating : 4.0/5 (411 download)

DOWNLOAD NOW!

Book Synopsis The Alternative Investment Fund Managers Directive by : Dirk A. Zetzsche

Download or read book The Alternative Investment Fund Managers Directive written by Dirk A. Zetzsche and published by Kluwer Law International B.V.. This book was released on 2015-09-14 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: Apart from MiFID, the Alternative Investment Fund Managers Directive (AIFMD) may be the most important European asset management regulation of the early twenty-first century. In this in-depth analytical and critical discussion of the content and system of the directive, thirty-eight contributing authors – academics, lawyers, consultants, fund supervisors, and fund industry experts – examine the AIFMD from every angle. They cover structure, regulatory history, scope, appointment and authorization of the manager, the requirements for depositaries and prime brokers, rules on delegation, reporting requirements, transitional provisions, and the objectives stipulated in the recitals and other official documents. The challenging implications and contexts they examine include the following: – connection with systemic risk and the financial crisis; - nexus with insurance for negligent conduct; - connection with corporate governance doctrine; - risk management; - transparency; - the cross-border dimension; - liability for lost assets; - impact on alternative investment strategies, and - the nexus with the European Regulation on Long-Term Investment Funds (ELTIFR). Nine country reports, representing most of Europe’s financial centres and fund markets add a national perspective to the discussion of the European regulation. These chapters deal with the potential interactions among the AIFMD and the relevant laws and regulations of Austria, France, Germany, Italy, Luxembourg, Liechtenstein, The Netherlands, Malta and the United Kingdom. The second edition of the book continues to deliver not only the much-needed discussion of the inconsistencies and difficulties when applying the directive, but also provides guidance and potential solutions to the problems it raises. The second edition considers all new developments in the field of alternative investment funds, their managers, depositaries, and prime brokers, including, but not limited to, statements by the European Securities and Markets Authority (ESMA) and national competent authorities on the interpretation of the AIFMD, as well as new European regulation, in particular the PRIIPS Regulation, the ELTIF Regulation, the Regulation on European Venture Capital Funds (EuVeCaR), the Regulation on European Social Entrepreneurship Funds (EUSEFR), MiFID II, and UCITS V. The book will be warmly welcomed by investors and their counsel, fund managers, depositaries, asset managers, administrators, as well as regulators and academics in the field.

Code de la Consommation

Author :
Publisher :
ISBN 13 : 9782918466925
Total Pages : 0 pages
Book Rating : 4.4/5 (669 download)

DOWNLOAD NOW!

Book Synopsis Code de la Consommation by :

Download or read book Code de la Consommation written by and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Financialisation of the Citizen

Author : Guido Comparato
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919244
Total Pages : 366 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis The Financialisation of the Citizen by : Guido Comparato

Download or read book The Financialisation of the Citizen written by Guido Comparato and published by Bloomsbury Publishing. This book was released on 2018-08-23 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the role of private law as an instrument to produce financial and social inclusion in a context characterised by the redefinition of the role of the State and by the financialisation of society. By depicting the political and economic developments behind the popular idea of financial inclusion, the book deconstructs that notion, illustrating the existence and interaction of different discourses surrounding it. The book further traces the evolution of inclusion, specifically in the European context, and thus moves on to analyse the legal rules which are most relevant for the purposes of bringing about the financialisation of the citizen. Hence, the author focuses more on four highly topical areas: access to a bank account, access to credit, over indebtedness, and financial education. Adopting a critical and inter-disciplinary approach, The Financialisation of the Citizen takes the reader through a top-down journey starting from the political economy of financialisation, to the law and policy of the European Union, and finally to more specific private law rules.

Control of Price Related Terms in Standard Form Contracts

Author : Yeşim M. Atamer
Publisher : Springer Nature
ISBN 13 : 3030230570
Total Pages : 772 pages
Book Rating : 4.0/5 (32 download)

DOWNLOAD NOW!

Book Synopsis Control of Price Related Terms in Standard Form Contracts by : Yeşim M. Atamer

Download or read book Control of Price Related Terms in Standard Form Contracts written by Yeşim M. Atamer and published by Springer Nature. This book was released on 2019-11-19 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores various approaches around the world regarding price term control, and particularly discusses the effectiveness of two major paths: ex ante regulatory and ex post judicial intervention. Price control and its limits are issues that affect all liberal market economies, as well as more regulated markets. For the past several years, courts in many different countries have been confronted with the issue of whether, and to what extent, they should intervene regarding price-related terms in standard form contracts – especially in the area of consumer contracts. Open price clauses, flat remunerations, price adjustment clauses, clauses giving the seller/supplier the right to ask for additional payments, bundling or partitioning practices, etc.: a variety of price related terms are used to manipulate customers’ choices, often also by exploiting their behavioral biases. The result is an unfavorable contract that is later challenged in court. However, invalidating a given price term in standard forms e.g. of a banking or utilities contract only has an inter partes effect, which means that in thousands if not millions of similar contracts, the same clauses continue to be used. Effective procedural rules are often lacking. Therefore, pricing patterns that serve to hide rather than to reveal the real cost of goods and services require special attention on the part of regulators. The aim of this book is to determine the various approaches in the world regarding price term control, and particularly to discuss the efficiency of both paths, ex ante regulatory and ex post judicial intervention. Thanks to its broad comparative analysis, this book offers a thorough overview of the methods employed in several countries. It gathers twenty-eight contributions from national rapporteurs and one supra-national rapporteur (EU) to the 2018 IACL Congress held in Fukuoka. These are supplemented by a general report presented at the same IACL Congress, which includes a comparative analysis of the national and supranational reports. The national contributors hail from around the globe, including Africa (1), Asia (5), Europe (17), the European Union (1) and the Americas (5).

Commentaries on European Contract Laws

Author : Nils Jansen
Publisher : Oxford University Press
ISBN 13 : 0192508016
Total Pages : 3650 pages
Book Rating : 4.1/5 (925 download)

DOWNLOAD NOW!

Book Synopsis Commentaries on European Contract Laws by : Nils Jansen

Download or read book Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-13 with total page 3650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

Cases, Materials and Text on European Law and Private Law

Author : Arthur Hartkamp
Publisher : Bloomsbury Publishing
ISBN 13 : 150991188X
Total Pages : 529 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Cases, Materials and Text on European Law and Private Law by : Arthur Hartkamp

Download or read book Cases, Materials and Text on European Law and Private Law written by Arthur Hartkamp and published by Bloomsbury Publishing. This book was released on 2017-03-09 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Casebook deals with the horizontal effects of EU law, which is to say its effects on relationships between individuals. To a large extent, these effects have been created by the Court of Justice of the European Union (CJEU) on the basis of the European Treaties. The main focus of the Casebook is on the developments relating to primary EU law and their influence on national private law. It studies instances where EU primary law has already directly or indirectly influenced the case law in the Member States, or where it is expected to do so soon. Compared to the well-known impact of EU directives on private law, these developments concerning primary EU law are hardly noted by private lawyers and perhaps not sufficiently explained by scholars of EU law. Therefore the book makes an important contribution to scholarship and education. This book highlights developments in the areas of competition law, fundamental freedoms, non-discrimination, general principles of EU law, ex officio application of provisions of EU law and implementation of directives, including harmonious interpretation and Francovich liability. In its analysis of the ways in which EU law interacts with private law, the book will be an invaluable resource to students, practitioners and academics of EU private law.

Enforcement and Effectiveness of the Law - La mise en oeuvre et l’effectivité du droit

Author : Nicolás Etcheverry Estrázulas
Publisher : Springer
ISBN 13 : 3319937588
Total Pages : 163 pages
Book Rating : 4.3/5 (199 download)

DOWNLOAD NOW!

Book Synopsis Enforcement and Effectiveness of the Law - La mise en oeuvre et l’effectivité du droit by : Nicolás Etcheverry Estrázulas

Download or read book Enforcement and Effectiveness of the Law - La mise en oeuvre et l’effectivité du droit written by Nicolás Etcheverry Estrázulas and published by Springer. This book was released on 2018-07-13 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers the general contributions to the 3rd Thematic Congress of the International Academy of Comparative Law, which took place from 16 to 18 November 2016 in Montevideo, Uruguay. The main topic of the Congress was the enforcement and effectiveness of the law as a particularly relevant concern in today’s society, in which the expressions of law have multiplied and legal pluralism seems to have reached its peak. The book addresses the enforcement of constitutional rights in national and supranational contexts, as well as the effectiveness of international dispute settlement. Further, it examines in detail the relations between the enforcement and effectiveness of criminal law, contract law and family law. Ce livre rassemble les contributions générales du 3ème Congrès thématique de l'Académie internationale de droit comparé, qui s'est déroulé du 16 au 18 novembre 2016 à Montevideo en Uruguay. Le sujet principal du Congrès était la mise en oeuvre et l’effectivité du droit qui constituent une préoccupation particulièrement pertinente dans la société contemporaine où les expressions du droit se sont multipliées et où le pluralisme juridique semble avoir atteint son apogée. Le livre traite de la mise en oeuvre des droits constitutionnels dans des contextes nationaux et supranationaux ainsi que de l'efficacité du règlement des différends internationaux. En outre, il examine en détail les relations entre l'application et l'efficacité du droit pénal, du droit des contrats et du droit de la famille.

The Protection of Geographical Indications in China

Author : Xinzhe Song
Publisher : Kluwer Law International B.V.
ISBN 13 : 940353401X
Total Pages : 579 pages
Book Rating : 4.4/5 (35 download)

DOWNLOAD NOW!

Book Synopsis The Protection of Geographical Indications in China by : Xinzhe Song

Download or read book The Protection of Geographical Indications in China written by Xinzhe Song and published by Kluwer Law International B.V.. This book was released on 2021-11-23 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some time now, there has been conflict concerning the role in the global marketplace of certain agricultural or handcrafted products of specific geographical origin: whether they should come under trademark law (as favoured by common law countries such as the United States) or under the geographical indications (GI) system developed in France and subsequently promoted by the European Union (EU). At this moment, China is in the eye of the storm. Taking fully into account the legislative and judicial gaps in China’s compromised embrace of the GI concept, this book shows how the Chinese case brings to prominence fundamental issues relating to the functional dissimilarity between trademarks and GIs, the treatment of the terroir concept, the role of GIs in rural development, and the challenges of adopting the French and European model in other countries, especially in East Asia. Providing detailed information on how GIs are registered, protected, and managed in China, France, and the EU, the book includes such practical analysis as the following: comparison between the Chinese and European GI systems to highlight differences in essential elements for GI registration and protection; mistakes and errors arising from forcing the GI function into trademark law; the increasingly larger scope of EU GI protection, protection of collective marks containing GIs, and the extension of GI protection to handicrafts; who is responsible for the protection of each registered name and who can sue for infringement; and legislative options for future GI protection in China. Recognizing not only that GIs protect consumers against fraud and producers against unfair competition but also that the goals include the preservation of rural development, cultural heritage, and traditional knowledge, as well as environmental and ecological protection, this book provides a comprehensive reference on legal tools available for policymakers, legal practitioners, researchers, and local producers concerned with GI or trademark issues in China, France, or the EU. It will prove greatly helpful to corporate lawyers filing international registration applications and taking legal action. It will also be of inestimable value to officials in a variety of countries that are considering developing or improving systems to enhance the value of terroir products, and to academics interested in intellectual property law, trademark law, agriculture policy, GI legislation, or World Trade Organization (WTO) rules.

Flexibility in Modern Business Law

Author : Mark Fenwick
Publisher : Springer
ISBN 13 : 4431557873
Total Pages : 229 pages
Book Rating : 4.4/5 (315 download)

DOWNLOAD NOW!

Book Synopsis Flexibility in Modern Business Law by : Mark Fenwick

Download or read book Flexibility in Modern Business Law written by Mark Fenwick and published by Springer. This book was released on 2016-01-08 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law – in particular, that it be more agile or “flexible” in regulating the economy – have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law. This change raises important questions about the meaning of fairness (certainty or flexibility), as well as the relationship between the public and private good.