European Union law Part 3

European Union law Part 3

 

23

Determining Jurisdiction in International License Agreements: Falco Privatstiftung (C-533/07) [2009] E.C.R. I-0000
JAN-JAAP KUIPERS
European Intellectual Property Review
Volume 32, Issue 12, 2010 p.659

LAW JOURNAL / LAW REVIEW

Proceedings relating to a licence contract cannot only be initiated in the courts where the defendant is domiciled, but equally in the courts of the Member State where the disputed obligation has to be performed. The decision of the European Court of Justice in Falco Privatstiftung demonstrates a large ambiguity in determining the place where a licence obligation has to be performed. The ECJ leaves the determination of the place of performance to the national law applicable to the contract. The ambiguity is further aggravated by the failure of the Union to provide clear and predictable conflict-of-law rules to establish the national law applicable to licence contracts. As a result, the situation is unnecessarily complex.

24

State Aid Law of the European Union By P. Vesterdorf and M. U. Nielsen
Luca Rubini
European Law Journal
Volume 17, Issue 1, January 2011 p.142-145

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25

Case law on pharmaceutical trade marks from the Court of Justice of the European Union
Stephan Hanne
Journal of Intellectual Property Law & Practice
Volume 6, Number 1, January 2011 p.43-50

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26

Transparency Rules: Primacy of Effective Leniency and Settlement Programmes over Private Antitrust Enforcement in the European Union?
ECKART WAGNER AND MIRIAM LE BELL
Global Competition Litigation Review
Volume 3, Issue 3, 2010 p.124

LAW JOURNAL / LAW REVIEW

Recent developments have contributed to the conflict between public and private antitrust enforcement in the EU and Germany. This article analysis recent case law, cases pending before courts, the laws on access to documents, and the current leniency and settlement practices of competition authorities with regard to this conflict. The authors point out that these developments may tip the balance between public and private antitrust enforcement in the EU in future.

27

Border Enforcement of Intellectual Property Rights against In-Transit Generic Pharmaceuticals: An Analysis of Character and Consistency
SHASHANK P. KUMAR
European Intellectual Property Review
Volume 32, Issue 10, 2010 p.506

LAW JOURNAL / LAW REVIEW

Recently, India and Brazil filed requests at the WTO to hold consultations with the European Union and the Netherlands on the issue of seizure of in-transit generic pharmaceuticals by European and Dutch customs. This work begins by analysing the character of such border measures applied to in-transit drugs, including an analysis of the scope and evolution of the relevant law (Regulation 1383/2003) and its application by courts and customs authorities. It then analyses the consistency of the European border-enforcement law and its application with provisions of the TRIPS Agreement and international intellectual property law.

28

The European Union Rule of law Mission in Kosovo (EULEX) from the Perspective of Kosovo Constitutional Law
Muharremi
Heidelberg Journal of International Law
Volume 70, Number 2, 2010 p.357

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29

Deirdre Curtin, Executive Power of the European Union: Law, Practices, and the Living Constitution
Maastricht Journal of European and Comparative Law
Volume 17, Number 2, 2010 p.178

LAW JOURNAL / LAW REVIEW

30

Current Developments: European Union law
International and Comparative Law Quarterly
Volume 59, Number 4, October 2010

LAW JOURNAL / LAW REVIEW

31

European Union Maritime Law
Simon Baughen
International Maritime & Commercial law Yearbook
2010 p.122

LAW JOURNAL / LAW REVIEW

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Commercial law, European Union law, Rule of law.


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