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Do Keck and post Keck cases remove or create obstacles for advertising in EC?

Free movement of goods is regulated by Article 28 of The EC Treaty. The most important judgments of European Court of Justice (ECJ) in this field are Dassonville, Cassis de Dijon and Keck. The interpretation of Article 28 was very broad in Dassonville and Cassis cases therefore the national rules which were designed for social policy reasons, but not for controlling the trade between Member States

The importance of indirect access to the ECJ and the issue of compensation when this is denied

The importance of access to the ECJ, as the common judge of Europe, is of major importance for individuals as a way to ensure effective protection of those rights, which they derive from Community law. Due to the problems facing individuals as regards direct access, because of the requirement of them having to show direct and individual concern, the indirect way of access, by way of the national c

Mandatory Licensing Under Article 82 EC

Intellectual property rights have become an extremely important asset in the contemporary world. In the same time European Competition authorities have proved that they are willing to intervene with the exercise of those rights by, amongst other things, requiring mandatory licence. The aim of this paper is to find an answer to the question under what circumstances does the refusal to grant a licen

Investigate the reasonable way of introducing the competition concept into Vietnamese law

As a tool to implement competition policies, Competition laws play important role in protecting and encouraging competition environment in market economy, guarantee the freedom of economic activities and the effective functioning of market mechanisms. Therefore, the competition laws have achieved more practical importance nowadays, and become indispensable components of legal structures in many co

Judicial Review and Judicial Activism of the European Court of Justice and the United States Supreme Court

Judicial review, power exerted by supreme judicial bodies to examine constitutionality of the actions of the legislator and the executive and declare them void if they violate the constitution, is a powerful instrument in hands of judiciary. First introduced in the United States by the Supreme Court as a constitutional principle it has spread all over the world and has been widely exercised by suc

Should motherhood have an upper age limit, and if so, would that constitute age discrimination? - A contextual analysis of artificial reproduction and age in the Swedish healthcare system -

Artificial insemination using the husband's sperm (AIH) and artificial insemination using sperm from a donor (AID) are artificial techniques which have been used for a long time, however, other forms of artificial procreation such as, in vitro fertilization (IVF), egg donation, embryo donation, and surrogacy are seen as truly modern reproductive techniques and did not come into use until the m

Media Intrusion into the Private Lives of Celebrities

The question addressed by this thesis is to what extent celebrities enjoy the right to privacy when the media prints photographs of them or private information about them. In order to answer this question, the strength of freedom of the press and freedom of expression is examined, since determining the right to privacy in relation to media intrusion involves balancing the right to privacy with fre

Autonomy and International Law in the Context of the Nisga'a Final Agreement

The Nisga'a Final Agreement (NFA) is a legal agreement between the Nisga'a Nation of the Nass Valley, the government of British Columbia and the Canadian government. For the Nisga'a it is the culmination of over a 100 years of efforts to arrive at a mutually agreeable legal framework of land ownership, resource management and self-government. This paper evaluates the Nisga'a Final

Curbing Software Piracy in eCommerce: Compatibility with Human Rights: Challenges and Possible Solutions

Software and eCommerce are inseparable part of each other. The main thrust of the thesis is to discover a suitable legal and technological measures for curbing software in eCommerce and find out compatibility of the existing curbing measures with human rights. The WIPO Copyright treaty, the Berne Convention, the TRIPS Agreement and other international laws on copyright, patent and software have be

Principle of 'non-refoulement' - Rule of customary international law

This thesis studies the very cornerstone of the international refugee law-the principle of non-refoulement. Since its introduction in the 1951 Convention, this principle has played a key role in the protection of refugees. Last 50 years have generated many questions and various interpretations of the scope of the Article 33 of the 1951 Convention on the Status of Refugees. States have tried to get

REFORM OF THE UNITED NATIONS SECURITY COUNCIL - A REQUIREMENT OF THE TIMES

The Thesis, which is titled ''Reform of the United Nations Security Council: A Requirement of the Times'', consists of six chapters. Chapter I, ''Overview'', begins with the very brief historical background of the United Nations, the Charter and the UNSC. The focal point in this Chapter is about the functions and powers, the reasons - both objective and subjective -

Cooperation between World Intellectual Property Organisation and the World Trade Organisation in the field of assistance to developing countries

There are two matters, which have important impacts on development of the international intellectual property rights (IPRs). The first is the significant economic importance of the IPRs and its large share in international trade and the second is the protection of IPRs especially in developing and importing countries. More than two thirds of the WTO members are developing countries (DCs) and they

Refugee Protection in the framework of the Common European Asylum System

The foundation of International Refugee Law was laid down in the early 1950s by the creation of the UNHCR and the Geneva Convention of July 28 1951Relating to the Status of Refugees (hereinafter the Geneva Convention) and its 1967 Protocol Relating to the Status of Refugees. Refugees and asylum seekers are not only protected through the relatively limited refugee law but also through general human