New PDF release: Enforcement of Intellectual Property Rights in Dutch,

By George Cumming,Mirjam Freudenthal,Ruth Janal

european Directive 2004/48 EC obliges Member States to hunt to accomplish ‘partial harmonization’ of the treatments, methods and measures essential to implement highbrow estate legislations. those tasks supply what might be termed a minimal ordinary which has to be fulfilled by means of the Member States during their implementation of the Directive. in spite of the fact that, the Directive isn't faring good on the Member nation point. the 3 authors’ enormously distinct, article-by-article research of the fortunes of Directive 2004/48 EC in 3 ecu jurisdictions bargains significantly worthwhile insights into the advanced methods Member States reply to group legislation, and in so doing presents a massive addition to the continuing inquiry into the character of the reciprocal tensions among european legislations (both judicial and legislative) and the legislation of Member States. the actual research undertaken right here unearths 3 paradigmatic occasions: the placement within which the Directive has now not been carried out in any respect, both as the Member nation believes that its present laws is sufficient or that the wording of the Directive is such that no distinctive laws is needed (England); the placement during 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 location within which the proper time for implementation for the Directive has elapsed and no particular laws has been followed (Germany). If there relatively is, because the ecu fee contends, an ‘enforcement deficit’ within the safety of highbrow estate rights by means of nationwide ideas of approach, then the simplest remedial procedure, Cummings exhibits, is thru the rules of felony walk in the park, complete impression, and powerful judicial security. those rules will support the nationwide courtroom in interpretation of the correct that means of the noticeable tasks lower than the Directive. Drawing at the tenor of ECJ legislation that nationwide procedural ideas usually are not current a disadvantage to sufficient judicial safety, the writer considers the stipulations that has to be fulfilled earlier than an eventual claimant, who has suffered loss and harm because of both the non-implementation or the wrong implementation of a directive, might convey an motion opposed to the kingdom for breach of group legislations. the writer offers 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 and examine both the tactic of nationwide implementation or the measure of adequacy or inadequacy unavoidably obscures the basic particularities of every of the 3 nationwide structures in terms of the Directive. even if this ebook will pay off the learn of someone attracted to ecu legislations, will probably be of unique price to practitioners and policymakers engaged in highbrow estate legislations, 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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