EU Directive 2004/48 EC obliges Member States to seek to achieve 'partial harmonization' of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level. The three authors' vastly detailed, article-by-article analysis of the fortunes of Directive 2004/48 EC in three EU jurisdictions offers enormously valuable insights into the complex ways Member States respond to Community law, and in so doing provides an important addition to the ongoing inquiry into the nature of the reciprocal tensions between EU law (both judicial and legislative) and the laws of Member States. The particular investigation undertaken here reveals three paradigmatic situations: the situation in which the Directive has not been implemented at all, either because the Member State believes that its current legislation is adequate or that the wording of the Directive is such that no special legislation is required (England); the situation in which implementation has been inadequate, because either the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain (The Netherlands); and the situation in which the relevant time for implementation for the Directive has elapsed and no specific legislation has been adopted (Germany). If there really is, as the European Commission contends, an 'enforcement deficit' in the protection of intellectual property rights by national rules of procedure, then the most effective remedial approach, Cummings shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpretation of the precise meaning of the substantive obligations under the Directive. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation of a directive, may bring an action against the State for breach of Community law. The author presents his analyses of the implementation of the Directive in Dutch and English national procedure and his proposals for German implementation as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.
EU Directive 2004/48 EC obliges Member States to seek to achieve 'partial harmonization' of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level. The three authors' vastly detailed, article-by-article analysis of the fortunes of Directive 2004/48 EC in three EU jurisdictions offers enormously valuable insights into the complex ways Member States respond to Community law, and in so doing provides an important addition to the ongoing inquiry into the nature of the reciprocal tensions between EU law (both judicial and legislative) and the laws of Member States. The particular investigation undertaken here reveals three paradigmatic situations: the situation in which the Directive has not been implemented at all, either because the Member State believes that its current legislation is adequate or that the wording of the Directive is such that no special legislation is required (England); the situation in which implementation has been inadequate, because either the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain (The Netherlands); and the situation in which the relevant time for implementation for the Directive has elapsed and no specific legislation has been adopted (Germany). If there really is, as the European Commission contends, an 'enforcement deficit' in the protection of intellectual property rights by national rules of procedure, then the most effective remedial approach, Cummings shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpretation of the precise meaning of the substantive obligations under the Directive. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation of a directive, may bring an action against the State for breach of Community law. The author presents his analyses of the implementation of the Directive in Dutch and English national procedure and his proposals for German implementation as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.
Make a difference! A portion of the proceeds from the sale of this book will be donated to The Braille Institute, empowering visually impaired people to live fulfilling lives. Ready, Aim, Captivate! brings together experts, entrepreneurs and authorities on how to take your individual message and use it to reach out to others, change lives and captivate hearts. They have started successful companies, written best-selling books and championed multimillion dollar events, but still-at their core-they are just like you. They were once someone in a bookstore reading the introduction to a book they hoped would teach them how to get where they wanted to go. They had to learn-some of them, the hard way-how to balance success at work while maintaining happiness at home. You are not alone. Each of us has a message to share with the world. Some people were born with obvious gifts such as an ability to sing, dance, play an instrument or professional sport, or lead businesses, schools and churches to growth and success. Others have known since they were children that they wanted to be a firefighter, a cook, a teacher or nurse. You may be thinking, "But what about me? I'm just a regular person with a passion for something but I have no idea how to put it to work to help anyone." Sit down and be inspired by this collection of interviews. Listen to each con-tributor as they speak of their stories of hardship and frustration, and how they came to claiming a life that abounds in purpose and passion; a life that lets them share their incredible message with the world. Allow them to remind you that wherever you are right now is the perfect place to start moving toward the goal of a fulfilled life so that others can begin to be changed by your unique message. Embark on a journey in the coming pages that will help you identify your gift, explore your talents and teach you to touch lives with your passion and your purpose. Allow them to show you what it takes to make your message magical. Ready, Aim, Captivate! is a priceless resource. Such an amazing group of trusted professionals has come together in this book with one common purpose. Prepare to be captivated!
Bring Hope, Faith, and Love to Your Relationships. The biblical character of Ruth was striking in her capacity to bring life to her relationships. Even in the midst of tragedy and difficulty, her presence blessed and influenced friends and strangers in her community, the man she grew to love, her children, and her in-laws. This six-week Fisherman Bible Studyguide uses Ruth's story to help you reflect on your own relationships and the ways in which God might be inviting you to move different ways--ways that will lead you into life-giving patterns of relating with others. Fisherman Bible Studyguides offer: * Penetrating questions that generate discussion * Flexible format for group or individual needs * Helpful leader’s notes * Emphasis on daily application of Bible truth
Bring Hope, Faith, and Love to Your Relationships. The biblical character of Ruth was striking in her capacity to bring life to her relationships. Even in the midst of tragedy and difficulty, her presence blessed and influenced friends and strangers in her community, the man she grew to love, her children, and her in-laws. This six-week Fisherman Bible Studyguide uses Ruth's story to help you reflect on your own relationships and the ways in which God might be inviting you to move different ways--ways that will lead you into life-giving patterns of relating with others. Fisherman Bible Studyguides offer: * Penetrating questions that generate discussion * Flexible format for group or individual needs * Helpful leader’s notes * Emphasis on daily application of Bible truth
What's "The Scoop on Ruth"? When you open the book you will enter my world and discover what I have been about. It is a tell all, an honest revelation. That world begins with "All in the Family' and the people and events where growing up happens. In "Sense and Nun-sense" you will be privy to some events even to this day hidden from Sister Superior- like "The Chocolate Cover-Up". Then "Along the Way" there are defining moments and people that ultimately influence us to become who we are.Yes, even when a good Catholic girl flunks Communion. The final section "The 'P' Source" began in the novitiate when no talent me was encouraged to write "gospels". My creative pen found other modes of expression, into writing prayers, greetings, or capturing events. And, there is room for your story to come alive here. It's because I was a copy cat. I borrowed Jesus' style. So, if the parable fits....
Out of a lifetime of counseling women through her vast correspondence came these letters written by Bible teacher and missionary, Ruth Stewart Fajfr. In them she shares the lessons the Lord has taught this saint of God over the years.
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