Filetype
In the beginning of the October 2004 a new legal entity made its debut in the European Community system: the SE or Societas Europaea. The content of the regulation introducing this corporate form clearly shows how the SE project has been concretised in reality. First of all, it is possible to ascertain that the landmark legal framework is constituted essentially by two texts: the EC regulation 215
Anti-monopoly laws play an important role to protect the market economy and maintain healthy environment for competition. After China joined WTO, the anti-monopoly problems are becoming more and more obvious. Anti-monopoly rules are needed urgently. It is inspiring that finally the Draft Anti-monopoly Law was passed preliminarily by the State Council in June 2006 after a more than ten years' g
This thesis addresses the legal protection of geographical indications (GIs) at three levels: the World Trade Organisation (WTO), the European Community (EC) and Vietnam, with the main focus on protection of GIs in the EC. The 1st part contains some general remarks concerning the rationale, purpose, delimitation, and methodology of this thesis. The 2nd part introduces some backgrounds on GIs such
Following the introduction of Union citizenship by the Treaty of Maastricht in 1993, the ECJ has emphasised that: ''Union citizenship is destined to be the fundamental status of nationals of the Member States''. This marks a move away from the initial focus on ''market citizens'' in a Community primarily aimed at facilitating cross-border economic activity: a system
Global Merger and Acquisition activity reached record levels in 2006, with the US and EU playing a large role in this activity. This paper examines the duties of a board which is subject to a takeover bid and any defensive moves the board may take to protect its company from acquisition. The US law in this field requires the boards to actively participate in any bid offers and grants these boards
At the beginning of this century, the EU set itself the ambitious goal of becoming the most competitive, sustainable and dynamic knowledge-based economy in the world. In this context, the concept of corporate social responsibility is gradually presenting itself as the hidden key to success. This means that companies should not just aim at financial gain, but should also take up societal and enviro
Under Community legal system, private parties are vested with only a restricted capacity to bring an action for annulment of allegedly unlawful Community rules Angela Ward, 'Judicial review and the right of the private parties in EC law', Oxford University Press, New York 2000. The conditions for ordinary parties to have locus standi were provided in Article 230 (4) EC [ex 173 (2)] and hav
Private enforcement of antitrust law has recently become an important issue in Europe. Most obviously, Europe and its businesses and citizens would profit from a stronger competition culture. It can be assumed that an appropriate degree of private enforcement can promote this. In the Courage the ECJ expressed its support of private enforcement, indicating that ''the existence of such a rig
Some very significant developments in antitrust law have occurred in the last decade. Many have involved a software company that is enabling the creation of this document. Of course, I am referring to the Microsoft Corporation. Both the case, which ended in a settlement agreement in the US, and the case that is under appeal in the EU will have solemn implications for the future of technology, inno
Due to the development of technology, the value of the IP protected goods increases, and so does the harm done by the infringers. The TRIPS Agreement expressly provides for criminal sanctions for the serious cases of trademark counterfeiting and copyright piracy where the offences are committed willfully and on commercial scale. The TRIPS Agreement also reserves a possibility for introduction of m
This thesis investigates Article 53(b) of the European Patent Convention and has at its core, the reasoning for this Article. It establishes and explains the ideological beginnings of these exceptions to patenting. By focusing primarily on the two landmark cases on the Article, I have tried to draw out where the reasoning for this exclusion has come from and where the exclusion may potentially lea
This thesis touches upon and considers the relation between a person, state, and access to rights, with international freedom of movement as a vanguard. As movement is inherent in humans and allows us to search for other standards of living it is somehow central in this thesis. In relation to access to rights moving, across borders touches upon several issues, for example what is required of a per
The EU has faced the problem of international competition through three different methods. The first method has been through bilateral agreements, the second is through multilateral agreements, and in absence of these two, the effects doctrine Bilateral agreements on competition are can be very effective but only in a limited sphere between adhering countries, so although they have helped they hav
The rich Mayan weaving tradition in Guatemala has survived even though the indigenous population has been subject to centuries of hardship and oppression. After conducting a field study and scrutinising the commercialisation process of the traditional designs in five different producer cooperatives of which, for the purpose of this thesis, some are characterised as weaving cooperatives and others
Since the 'Danish bottles case', where the protection of the environment was recognized as a mandatory requirement that could derogate from the free movement of goods, the ECJ has taken over an interesting role to map the boundaries of its application. The rank of Community policy and the need of integration explicitly envisaged in the EC, have had a major influence in its judicial interpr
