Public Law, European Constitutionalism and Copyright in Standards
Should technical standards decided and published by official Standards Development Organizations (SDOs) and referred to in Regulations, Directives or, generally, in EU law be regarded as “law” that must be accessible to the public, or could these standards still be private goods, licensed for royalties and, indeed, only accessible by a few? Access to technical standards may be the next hot topic for the European Standard Setting Organisations (SSOs) and the EU Commission. Some SSOs, as a way to finance their activities to develop technical standards, may charge firms or third persons to access and make use of the technical standards produced.
This book explores the exportation and application of European Union legislation beyond EU borders. It clarifies the means and instruments of the voluntary application of the EU’s norms by third countries and analyses in detail the process of legislative approximation between the EU and its East European neighbours. It also assesses the extent to which the EU is successful in promoting its legal standards abroad.
The first part of the book addresses the EU’s mechanisms and instruments promoting the export of its own laws and practices to other countries. Key issues include the post-Lisbon constitutional basis for the EU’s engagement with its Eastern neighbours (Art. 8 TEU); the different methods of acquis export and the impact of a new generation of Association Agreements providing for the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) and, ultimately, a Neighbourhood Economic Community (NEC) between the EU and its Eastern partners.
The second part of the book includes substantive country reports that analyse the process of legislative approximation and application of EU law in the Eastern Partnership countries and Russia, authored by leading academics from the countries concerned. While currently these countries are not working towards full EU membership, the EU encourages them to approximate and converge their legislation with the EU acquis. The book also offers a unique picture of current practice of the application of EU law by judiciaries in the countries of the Eastern Partnership and Russia.
The book concludes with reflections on the multi-faceted character of legislative approximation and the challenges surrounding the application of EU law in the EU’s Eastern neighbourhood. The conclusions reached are highly informative as to the effectiveness of present and future EU external regional policies aimed at the promotion of EU common values and EU legislation into the legal orders of third countries.
The purpose of this work is to study the problem of correlation between personal and property constituent elements of copyright within the framework of continental legal system. The work contains conclusions relating to the specific interrelations existing between the mentioned constituent elements of the mechanism of copyright and the extent of their compulsory nature both for lawmakers and for law enforcement officials.
The author of article E.P.Gavrilov, professor of the chair of the civil law of the Higher school of economy, doctor of law answers to the questions of readers of the magazine, received in connection with his previously published article.
The subject of this monograph is intellectual property law in Russia. This study focuses on legal mechanisms of protection of intellectual property rights since, in Russia, legislation is the main source of such rights. Though neither judicial practice nor theses propounded in legal literature are formally considered sources of intellectual property law in Russia, they at times seriously affect court rulings, and so much attention is paid to them in this study in dealing with key issues and points of dispute.
All references to legislation in this monograph are valid as of August 2014, but account is taken of amendments to Part Four of the Civil Code that are due to enter into force on 1 October 2014.
Foreign patenting faces a number of difficulties: necessity of preparation of a great number of demands, payment of great sums by the patent attorney in the form of patent fees. Work of patent departments is duplicated. Two international mechanisms facilitate these difficulties: Paris convention on protection of industrial property (1883) Patent cooperation treaty (1970). E.P.Gavrilov – doctor of sciences, professor, chair of the civil low of the state university Heigher school of economy the partisipant of the soviet delegation at this conference recollects this conference.
copyright, exclusive right, copyrighted works, successors of the author, the assignee
The article deals with three constitutional projects of Francisco de Miranda, distinguished Venezuelan. It is devoted to analyzes of the characteristics of the project of 1798, based on the experience of British constitutional law and public law of Ancient Rome. Special attention is focused on provisions of the projects of 1801 and 1808: on temporary public power during the war of colonies for independence from Spain and on federal government after the liberation. F.Miranda used for these projects a constitutional experience of many countries. One of the sources of his intellectual reflection was the constitution of Ancient Rome, the most important elements of which were people`s assembleis and magistracy. These institutes were adopted by F.Miranda and creatively impleamented according to specific conditions of Ibero-America.
The article develops a model of rational judicial decision making for the European Court of Justice (ECJ). The model suggests that judges may strategically incentivise litigants to bring particular cases to the court in order to promote their preferred issues to the agenda, and to control the docket. This so called strategic approach was developed primarily in research on the US Supreme Court and does not travel too well to other cases. Author finds a way to test its findings on an organizationally completely different entity of the European Court of Justice. To do so he narrows the research to ECJ case law on restrictions to free movement of goods within the EU, gathers some data on the number of cases decided by the ECJ annually, and checks it against the development of the case law and the substance of court rulings. Author finds that the ECJ succeeds at manipulating the case supply by changing the litigants' perception of their chances to win, and suggests that further research is conducted into the other areas of EU case law to corroborate this finding.