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Is The Strict Global Protection of Intellectual Property Unfair for Developing Countries?

Will developing countries benefit economically from strengthening their protection of intellectual property? They have been repeatedly urged to do so by developed nations. But so far there is little empirical experience of either quite successful or failed examples. What we could hear from the media seems that the international protection of IPRs is getting stricter and more codified, while the si

Abuse of a Dominant Position by Pharmaceutical Undertakings in EC Law

In June 2005 the Commission imposed a &euro&semic60 million fine on AstraZeneca for abusing its dominant position. This was followed in December 2005 by the Discussion Paper on the application of Article 82 EC, issued by the Directorate-General for Competition of the European Commission. This thesis discusses the interpretation of Article 82 EC and does this from the perspective of pharmac

A Theory of Corporate Governance for the EC: Assessing the economic and legal peculiarities as starting point for policy making

This thesis provides a critical overview of the development of corporate governance practices in the EC. It seeks to determine if the Community should follow the US response to corporate governance fallouts or instead promote its own practices, taking into consideration the legal and economic backgrounds of the Member States. The analysis is supported with economic data, practical and doctrinal vi

Unilateral Effects Analysis in EC Merger Control

The 2004 Merger Regulation introduced a change to the substantive test for the Commission's intervention in mergers. The Commission is now able to block mergers which significantly impede effective competition in the EC. The purpose of the change was to guarantee that the Commission could deal with all harmful effects to competition resulting from a merger. More specifically, the purpose was t

Information Exchange between Undertakings

Communication between competing undertakings comes in different guises: It is an indispensable and inherent feature of every cartel, it is at the heart of the activities of every trade organisation, and today many firms are involved in some type or another of benchmarking, which is also based on an exchange of information between the participating companies. This thesis deals primarily with inform

FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - IN THE EUROPEAN COMMUNITY AND THE ASEAN ECONOMIC COMMUNITY

My thesis consists of three main parts. The first part, Chapter 2, describes the legal framework regulating free movement of goods, with the focus on quantitative restrictions in the EC. The starting point of this chapter is the current approach to harmonization in completing the internal market. This section considers the limits of economic integration prior to 1986 and the important steps taken

CONSEQUENCES OF VOIDNESS UNDER ARTICLE 81(2) OF THE EC TREATY AND VIETNAMESE LAW

The creation of an internal market is one of the objectives of the EC Treaty, and the Competition provisions are crucial to the achievement of this goal. Article 81(1) EC Treaty prohibits agreements which may distort trade between the Member States. The consequence of violating such a prohibition is given by the Treaty itself in Article 81(2): voidness. However, the consequences of such voidness a

Religious Liberties in Secular Public Education

This thesis is intended to analyse the religious liberties recognized by the international human rights' instruments in secular education, to discuss the legal approaches, interpretations, case laws of different international human rights bodies and to understand how religious liberties interact with public education in secular states in terms of practice and theory. In modern world and especi

Patent and Know-how Licensing under the 2004 Technology Transfer Regulation

Intellectual property law seeks to promote society's industrial development through the recognition of patents. The logic of granting patent protection is clear-cut: Patents provide incentives for developing new technology. The lack of an adequate legal protection for innovations would slow progress and the benefits it brings. Without legal protection, companies would be unlikely to spend sign

Air Passenger Rights in the European Community

The travel industry has seen an overwhelming growth concerning air passenger numbers in recent decades. In the same period of time the European Community passed a series of legislative measures to provide air passengers with essential rights. In this thesis those different sets of rules accompanied by case law and literature shall be examined. The first step taken was the Package Travel Directive

The Impact of European Immigration Law on the Free Movement of Persons Area

The European Internal Market is one of the major achievements of the European integration, and as stipulated in Article 14 ECT it consist of ''an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions in the treaty''. The free movement of persons is one of the four freedoms guaranteed by the Co

The Exercise of Freedom of Establishment by Lawyers within the EU

It was not until the 1970's, when the claims that lawyers profession fell within the exception of official authority (Article 45 EC) were defeated in the Reyners judgement and the lawyer's profession was held to be within the scope of freedom of establishment. In 1977, the Community legislator adopted a Legal service directive. The directive applies to the lawyers from any Member State whe

Restrictions to the free movement of goods. The protection of the environment as a mandatory requirement in the ECJ case law

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

Free Movement of Judicial Decisions. Application of the Principle of Mutual Recognition on the European Arrest Warrant

This thesis touches upon the principle of mutual recognition and the conditions for its application on the Framework decision on the European arrest warrant. Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member , OJ L 190, 18/07/2002, P 001-0020. This Framework decision was the first third pillar instrument based upon this principle. The Eur