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Author : Eveline Ramaekers
Publisher :
ISBN 13 : 9781780681719
Total Pages : 0 pages
Book Rating : 4.6/5 (817 download)
Download or read book European Union Property Law written by Eveline Ramaekers and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally presented as author's thesis (Ph.D.)--Universiteit Maastricht, 2013.
Author : Pieter Jan Kuijper
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154124
Total Pages : 1456 pages
Book Rating : 4.0/5 (411 download)
Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.
Author : Irini A. Stamatoudi
Publisher : Edward Elgar Publishing
ISBN 13 : 0857930303
Total Pages : 417 pages
Book Rating : 4.8/5 (579 download)
Download or read book Cultural Property Law and Restitution written by Irini A. Stamatoudi and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.
Author : Ivan Sammut
Publisher : Springer Nature
ISBN 13 : 3030661156
Total Pages : 309 pages
Book Rating : 4.0/5 (36 download)
Download or read book The Implementation and Enforcement of European Union Law in Small Member States written by Ivan Sammut and published by Springer Nature. This book was released on 2021-03-11 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this book is to examine how the legal order of Malta, the EU's smallest Member State, manages to cope with the obligations of the EU's acquis communautaire. As far as the legal obligations are concerned, size does not matter. Smaller Member States have the same obligations as the largest, yet they have to meet these same obligations with very fewer resources. This book examines how the Maltese legal system manages to fulfil its obligations both in terms of the supremacy of EU law, as well as how the substantive EU law is transposed and implemented. It also explores how Maltese courts look at EU law and how they manage, or not manage, to enforce it within the context of national law. It can serve as a model to demonstrate how EU law is being implemented in the smallest Member State and can serve as a basis to study the effectiveness of EU law into the domestic law of its Member States in general.
Author : Sjef Erp van
Publisher : Walter de Gruyter
ISBN 13 : 3866539312
Total Pages : 256 pages
Book Rating : 4.8/5 (665 download)
Download or read book The Future of European Property Law written by Sjef Erp van and published by Walter de Gruyter. This book was released on 2012-05-29 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: European integration has a growing impact on the property law systems of the EU Member States. The tensions which can be seen are considerably greater than in other areas of private law, given the technically complex and mandatory nature of property law. In this book current developments in European property law (particularly the Draft Common Frame of Reference) are analysed and evaluated, focussing on secured transactions and mortgage law. With contributions by academic and practicing lawyers, containing: Transfer of ownership and good faith acquisition: the rules in the Member States and in Book VIII of the DCFR Secured transactions and the DCFR Registration of intellectual property rights Trusts - from a Common and a Civil lawyer’s perspective The border area between property law and contract law: securities
Author : Angus Phang
Publisher : WorldTrade Executive, Inc.
ISBN 13 : 9781893323537
Total Pages : 420 pages
Book Rating : 4.3/5 (235 download)
Download or read book Intellectual Property Law in the European Community written by Angus Phang and published by WorldTrade Executive, Inc.. This book was released on 2004 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report, which includes contributions from 24 leading intellectual property attorneys throughout Europe, covers the fundamentals of intellectual property protection law and practice in each of the member countries of the European Community. (Legal Reference/Law Profession)
Author : Justine Pila
Publisher : Oxford University Press, USA
ISBN 13 : 0198831285
Total Pages : 712 pages
Book Rating : 4.1/5 (988 download)
Download or read book European Intellectual Property Law written by Justine Pila and published by Oxford University Press, USA. This book was released on 2019-08-08 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Intellectual Property Law offers a full account of the main areas of substantive European IP law and a discussion of their wider context and effect. The amount and reach of European law, and decision-making in the field of intellectual property has grown exponentially since the 1960s, making it increasingly difficult to treat European law as an adjunct to domestic intellectual property regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main areas of substantive EU intellectual property law, situated in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. It draws selectively on examples from domestic IP regimes to illustrate substantive differences between those regimes and to demonstrate the impact of European law, and decision-making on EU Member States. This unique, thoroughly modern approach goes beyond a discussion of the provisions of European legal instruments to consider their wider context and effect. European Intellectual Property Law is the ideal guide for any student wishing to gain a full and critical understanding of the substantive European law of intellectual property.
Author : Caterina Sganga
Publisher : Edward Elgar Publishing
ISBN 13 : 178643041X
Total Pages : 296 pages
Book Rating : 4.7/5 (864 download)
Download or read book Propertizing European Copyright written by Caterina Sganga and published by Edward Elgar Publishing. This book was released on 2018-02-23 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: With an acceleration in the last decades, the language of property, piracy and theft has become mainstream in copyright matters. Scholars have argued that this latent propertization has progressively led to the undue expansion of copyright and an enclosure of knowledge, causing clashes with users’ fundamental rights and EU social and cultural policies. Challenging the validity of such critiques, Propertizing European Copyright demonstrates that these distortive effects are only the result of mishandled property rhetoric and that a commitment to copyright propertization could enable a more internally consistent and balanced development of EU copyright law.
Author : Bram Akkermans
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book European Union Constitutional Property Law written by Bram Akkermans and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For European property lawyers, property is the law of things and this has been so for the past centuries. In this perspective, property law focuses on transactions of these things and is therefore transactional law. Increasingly there is a number of lawyers that considers property in a constitutional context. However, this is mostly done at a national level, or by comparing national constitutional property law, usually constitutional property provisions, to other countries. Constitutional property, I submit, is much more than just the national constitutional provision, and concerns the way in which property is to be understood, organised and applied in a legal order. In the EU legal order, which has a single or internal market, which is more than a mere sum of its components, there is a great need to rethink the position of property. The EU internal market is a social market economy to which fundamental principles of property law (freedom of ownership, free circulation of goods and freedom of contract) are inextricably linked. A change away from the market economy will bring great difficulties in the current composition of the EU legal order, as too many aspects are dealt with at the national level. The EU legal order relies heavily on the existence of these fundamental principles of property law in the systems of the Member States that 'upload' these to the EU level. EU economic constitutional law as well as EU social constitutional law can provide guidance for the development of EU (constitutional) property law. There is - borrowing from the South African experience - an algorithm for the development of property law in the EU, in which the primacy of regulation is with private parties, followed by the Member States who are all bound by the economic and social context provided for by EU law. That normative framework is not to be followed voluntarily, but comes with the method and thus with the force of supranational EU law, including direct effect, effet utile, and the principle of sincere cooperation between Member States. This is all balanced by the principles of subsidiarity and proportionality that keep the EU out of matters it should not concern itself with.
Author : Roger Smith
Publisher : Longman
ISBN 13 : 9781405853774
Total Pages : pages
Book Rating : 4.8/5 (537 download)
Download or read book Valuepack written by Roger Smith and published by Longman. This book was released on 2006-09-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Fairhurst: Law of the European Union 5e This updated fifth edition of Law of the European Union, provides a realistic, non-abstract treatment of EU Law. Topics are illustrated as far as possible by decisions of the ECJ and Court of First Instance, and each major area of substantive law is explored by considering its application within the UK. The book is divided into four parts. The first part of the book focuses on the constitutional and administrative law of the European Communities and the European Union. The last three parts of the book focus on substantive EU Law: free movement of persons (including EU citizenship, workers, services and establishment); free movement of goods; and Competition law. Key Features *Covers both EU constitutional and administrative law, and substantive EU law in one volume. *Comprehensive coverage within a manageable format. *Case summaries throughout the book enable students to quickly access the main points of the most relevant cases, and consider the principles of the law in action. New to this edition *Recent legislative and judicial developments are considered throughout the book.*Fully explores the implications of enlargement of the European Union from 15 Member States to 25. *New text design and clearer headings enable students to follow the text with ease. *End of chapter summaries provides students with a structure to reflect on what they have learnt and assists examination revision. *An extended companion website with sample exam questions and outline answers, links to useful online legal resources, and regular updates to the book. The companion website may be found at www.pearsoned.co.uk/fsls. About the author John Fairhurst BA PgDip MPhil Solicitor is Associate Dean (External Development), Faculty of Arts, Law and Social Sciences at Anglia Polytechnic University. He was previously a Jean Monnet Tutor in EU Law and Course Director of the Diploma in Law (CPE) programme at the University of Huddersfield. About this series A framework for successful learning Longman's established Foundations Studies in Law Series prides itself on its clarity of content, engaging case summaries and reference to contemporary issues.With coverage ideally suited to undergraduate and graduate diploma law students, and a wealth of learning support, these texts do more for students of law.For engaging and comprehensive presentation of the rules of law across the LL.B Foundation subjects, turn to the Foundation Studies in Law Series. Other titles currently available in this series Constitutional and Administrative Law . Criminal Law . Law of Tort . Land Law . Law of Contract . Trusts and Equity
Author : J. H. M. van Erp
Publisher : Europa Law Publishing
ISBN 13 : 9789076871745
Total Pages : 44 pages
Book Rating : 4.8/5 (717 download)
Download or read book European and National Property Law written by J. H. M. van Erp and published by Europa Law Publishing. This book was released on 2006 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of The Walter van Gerven Lectures series examines the relationship between European and national property law. One of the pillars of the economic constitution of the EU is what might be called "freedom of property." It is, however, not really clear what is meant by "property" and "property rights" in a private law sense. How can property rights, or rights against the world, be defined at a European level? Under the surface of the differing rules, European property law systems seem to share several leading policies and principles, yet existing differences should not be ignored. A search for common policies, principles, concepts, and rules is badly needed. The lecture documented in this book provides research, examining problem areas and presenting suggestions.
Author : Annette Kur
Publisher : Edward Elgar Publishing
ISBN 13 : 1781953643
Total Pages : 593 pages
Book Rating : 4.7/5 (819 download)
Download or read book European Intellectual Property Law written by Annette Kur and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.' – Graeme B. Dinwoodie, University of Oxford, UK 'This hybrid volume, part commentary, part primary sources, with questions to stimulate further thinking, serves both as a teaching tool and as a manual for lawyers who seek a comprehensive overview of EU intellectual property law. The book aims at a generalist legal audience, with very a helpful précis of international law, including the major multilateral treaties, as well as a summary of the EU legal framework that non-Europeans will find highly useful. The authors explore the full range of traditional and emerging IP rights. They also provide in-depth analysis of remedies and of the international private law issues that increasingly arise in contemporary complex IP litigation.' – Jane Ginsburg, Columbia Law School, US The first of its kind, this textbook has been carefully designed to give students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law. Providing a comprehensive overview of both community IP rights, and areas of IP law that have been harmonised, and supported by judicious use of extracts from the most significant source material, the book assists the reader in navigating through the increasingly complex European IP system. European Intellectual Property Law deals with European patent, trade mark and copyright law copyright, as well as with adjacent areas such as protection of plant varieties, geographical indications, industrial design, competition law, enforcement, and private international law, with a focus on the most relevant case law to be found in those areas. Key Features: • Written by two of the leading authorities in European IP law • Concise and readable style • Extracts from key source material • Questions designed to stimulate thinking around legal problems • Coverage of related areas adjacent to IP • Offers an overview on international IP protection and the interrelation between European law and IP law in general. This detailed book is designed for all courses on European intellectual property, whether basic or advanced, as well as for practitioners looking for a comprehensive and concise overview on the structure and content of European IP law.
Author : Roger Smith
Publisher : Longman
ISBN 13 : 9781408207765
Total Pages : pages
Book Rating : 4.2/5 (77 download)
Download or read book Valuepack written by Roger Smith and published by Longman. This book was released on 2008-08-21 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Rogers Smith's Property Law is a book renowned for its clear and penetrating approach to property law. It is highly readable and, importantly, is a joy to read. I highly recommend it. James Griffin, University of Exeter. The new sixth edition of this successful textbook continues to provide students with a trustworthy and in-depth account of all areas of land and real property law, and includes: *Concepts of property law as they relate to the study of land providing a backdrop for a clear and accessible introduction to the topic *References to academic material throughout the book making this an ideal text to use before embarking on further study Smith's modern approach to the subject has resulted in a number of changes to the new edition. New chapters can be found on emerging topics such as Commonhold and Human Rights, while other chapters have been restructured to enable an entire chapter to be devoted to acquiring interests in the family home.Legal developments since the last edition: *The decision of the European Court of Human Rights in the important adverse possession case of Pye v UK *Further consideration of estoppel and remedies in the Court of Appeal in Cobbe v Yeoman's Row *The first House of Lords decision for over fifteen years on constructive trusts of the family home, Stack v Dowden *A useful Law Commission report on the rights of cohabitants following relationship breakdown Roger J.Smith teaches law at Magdalen College, University of Oxford. He is also the author of two of a companion volume on property law Property Law: Cases and Materials, third edition and a shorter text on the subject, Introduction to Land Law both published by Longman. mylawchamber Further your understanding through mylawchamber Visit www.mylawchamber.co.uk/smithproperty to access weblinks to further your research into the subject, and look for regular updates to important legal developments in property law. Also includes a range of extra resources for lecturers to use with their students, including questions and mock debates. Case Navigator powered by LexisNexis Visit www.pearsoned.co.uk/casenavigator for unique online support that helps you improve your case reading and analysis skills in property law.The LexisNexis element of Case Navigator is only available to those who currently subscribe to LexisNexis Butterworths services.
Author : Michal Bohaczewski
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519916
Total Pages : 445 pages
Book Rating : 4.4/5 (35 download)
Download or read book Special Protection of Trade Marks with a Reputation under European Union Law written by Michal Bohaczewski and published by Kluwer Law International B.V.. This book was released on 2020-04-09 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a mark acquires a reputation, it becomes a means of attracting consumers by communicating to them various messages going beyond the indication of commercial origin of goods or services. Thus, trade marks familiar to the general public enjoy a special legal protection regime above and beyond that afforded trade marks in general, allowing them to benefit from enhanced protection against reproduction or imitation detrimental to, or taking unfair advantage of, the distinctive character of the mark or its repute. This richly researched book, the first comprehensive guide to current European Union (EU) law and practice concerned with reputed trade marks, conducts an in-depth analysis of this extended protection provided by Regulation 2017/1001 on EU trade marks and Directive 2015/2436 under which it is mandatory across all Member States. Using a practical approach, focused on identifying and analysing the criteria for infringement of trade marks with a reputation in proceedings before civil courts and in administrative proceedings before the European Union Intellectual Property Office (EUIPO) or national trade mark offices, the author addresses such elements of the special protection regime as the following: prerequisites for infringement of the right to a reputed mark common to all recognised forms of infringement; how to demonstrate each type of infringement of the right to the trade mark with a reputation (blurring, tarnishment and unfair advantage); proof of reputation; distinguishing the concept of well-known trade mark; legitimate versus questionable justifications of the ‘due cause’ exception within the meaning of EU law provisions; use of a disputed sign falling under freedom of expression; identifying the role of likelihood of confusion under the special regime; and how to prove the existence of a link between the signs in dispute. The author pays detailed attention to the case law of the Court of Justice and General Court of the EU, as well as cases before the EUIPO and national courts. He takes into account research from a number of Member States (plus Switzerland), thus widening prior work in the field from its predominant English-language context. With this book practitioners will confidently approach cases before courts, the EUIPO and national EU trade mark offices involving enhanced protection of trade marks with a reputation. In addition, the book will help judges and trade mark offices examiners to interpret the EU provisions and assess claims regarding such reinforced protection. For scholars and students of intellectual property law, this book will prove a cornerstone volume in the field.
Author : Anthony Arnull
Publisher : Oxford University Press
ISBN 13 : 0191653055
Total Pages : 950 pages
Book Rating : 4.1/5 (916 download)
Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford University Press. This book was released on 2015-07-23 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
Author : Nanette A. Neuwahl
Publisher : BRILL
ISBN 13 : 9004482423
Total Pages : 351 pages
Book Rating : 4.0/5 (44 download)
Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : The late Catherine Seville
Publisher : Edward Elgar Publishing
ISBN 13 : 1781003483
Total Pages : 588 pages
Book Rating : 4.7/5 (81 download)
Download or read book EU Intellectual Property Law and Policy written by The late Catherine Seville and published by Edward Elgar Publishing. This book was released on 2016-09-28 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated book offers a compact and accessible account of EU intellectual property (IP) law and policy. The digital age brings many opportunities, but also presents continuing challenges to IP law as the EU’s programme of harmonisation unfolds. As well as addressing the main IP rights (copyright, patents, designs, trade marks and related rights), the book also considers IP’s relationship with the EU’s rules on free movement of goods and competition, as well as examining the enforcement of IP rights. Taking account of numerous changes, this timely second edition covers the substantive provisions and procedures which apply throughout the EU, making extensive reference to the case law. The author considers how the exploitation of IP is increasingly global; harmonisation, in contrast, is only partial, even at the EU level. In response, the book sets EU IP law in its wider international context. It also seeks to highlight policy issues and arguments of relevance to the EU, in its relations both within the Union and with the rest of the world. Designed as a compact and approachable account of these difficult and technical areas, and with advice on further reading and research, this unique book is useful both as a work of reference and for more general study. It is essential reading for postgraduate students, academic researchers and legal practitioners alike.
