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Horizontal liability for damages and acte clair doctrine in the light of the Laval case
The paper analyzes the national judgment in the Laval case and argues that horizontal liability for damages is possible. Additionally, the paper shows that state liability is usually possible in the case of horizontal liability. It also touches upon the question of whether there are community rights to damages arising from the ECJ case law. At the same time, it argues that the state liability requ
Finding a Home for Orphan Works: Will a Human Rights Perspective Help?
Copyright has traditionally been considered as a right that has a social function. Thus, among the various justifications for its existence, it is the utilitarian or instrumentalist justification that has often been hoisted in order to assess how well it serves the needs of society. From its inception as a concept, copyright has been justified as a necessary evil that, to quote Macaulay, “ought no
Marine environmental protection from shipping activities in the Baltic Sea
Growing Russian oil export and an overall growing trade made the Baltic Sea one of the busiest shipping areas in the world, but the marine environment has suffered greatly from this development. Although not solely responsible for this unfortunate development, the International Maritime Organization has addressed this issue by designating the Baltic as a particularly sensitive sea area (PSSA) and
Third Party Claims against P&I Clubs and the “pay to be paid” Rule
The “pay to be paid” Rule is a fundamental component of Protection & Indemnity (hereinafter referred to as “P&I”) insurance policies, which requires a Club Member to discharge his liabilities to the injured third party before he can be indemnified by the P&I Club. If the Club Member cannot compensate the third party as a result of insolvency, the third party is denied full satisfaction
The exclusion from protection of functional shapes under the trade mark law of the EU
Article 4 of the Community Trade Mark Regulation (CTMR) defines signs of which a Community trade mark may consist in a very wide manner, expressly including the shape of goods or of their packaging. However, with regard to such shapes, the Regulation in its Article 7(1)(e) introduces a, in comparison with other signs, additional ground for refusal that has to be overcome when seeking registration.