Zoekresultaten
![Refugees at Greece_Human Rights_image_by Jordi Bernabeu Farrus](/sites/default/files/2023-03/refugees-at-greece_human-rights_image_by-jordi-bernabeu-farrus.jpg)
… Zoekresultaten 18 januari 2017 door: A.P.M. Coomans in Law The European Union and its member states have failed to comply with their extraterritorial human rights obligations to provide humanitarian aid and fulfil the subsistence rights of asylum-seekers. Humanitarian aid as a Human Rights obligation Recently we have witnessed the appalling living conditions of asylum-seekers who are stuck in tents in camps at Lesbos (Greece) and in abandoned factory buildings in Serbia. As a result of snow, cold, storm and … and the EU have failed to take the necessary measures to prevent such a situation. According to the notion of extraterritorial human rights obligations (ETOs), the EU and its member states have a duty to fulfil the subsistence rights of vulnerable groups outside its borders (Serbia) and of those people for which the EU has a special duty of care in a member state (Greece). The legal basis for this duty can be found in Article 2, section 1 International Covenant on Economic, Social and Cultural …
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… Four stages can be identified in that cycle, namely those related to the researching, writing, reasoning, and testing processes. Researchers can slightly move back-and-forth through these stages, yet the cycle is completed in a clockwise direction, starting from the researching stage. Researching Stage . The results presented in a research paper can help understand changes in legal science. Effective research helps to identify sources that relate to the topic of a research paper. Researchers will need to select the sources that are suitable to answer the questions addressed in their papers, engaging in a selection process, in which sources are deemed relevant (“R”), not relevant (“N/R”), or interesting (“I”). The “R” group includes sources that can be of value for the completion of a specific research paper. The “N/R” group includes sources that may not be of value for that project; while the “I” group comprises sources that are of interest, are not directly … their papers. Different sources will be linked to different parts of the paper. Indeed, applying different sources to different parts will help build the premises of the resulting argument. Writing Stage . It is hard to determine the best moment to start to write. It could be when researchers start to move in circles around the materials, and searches return the same results over and over again. Writing involves a process of creation, in which researchers need to elaborate an argument that are …
![already_non-existent_polish-slovak_border_crossing_with_european_routes](/sites/default/files/2023-03/already_non-existent_polish-slovak_border_crossing_with_european_routes_mlr.jpg)
Together with experts from the various disciplines, ITEM made an inventory of the problems encountered by cross-border worker
![law_blog_igir_oct_2021](/sites/default/files/2023-03/law_blog_igir_oct_2021.jpg)
… all TRIPS flexibilities, in some cases self-imposed, due to political pressures or a failure to transpose TRIPS provisions into national legislation. More importantly, under the IP waiver proposal, various pharmaceutical companies have provided voluntary licenses or announced the non-application of intellectual property rights in their related products with Covid-19, satisfying the initial goal of the proposal. Ultimately, an IP waiver is not necessary to make Covid-19 vaccines available to all, …
![Patent protection](/sites/default/files/2023-03/patent_protection_igir_mlr.jpg)
… several problems still remain. More specifically, as mentioned above, the UPCA is essentially the framework within the EU Member States, so the situation of the UK after BREXIT is still unclear. For example, it is obscure how to deal with the unitary effect of the UPCA in the UK if it comes into effect before BREXIT. Additionally, what would happen to the sections of the UPC located in London established pursuant to Art. 7 (2) of the UPCA? Thus, the UK government have to treat these problems …
![law_blog_igir_trade_mark_protection](/sites/default/files/2023-03/law_blog_igir_trade_mark_protection.jpg)
… must be given to the understanding by the relevant public of terms from an EU language, which is different from the official language(s) of one particular Member State, because under certain circumstances, the relevant public may have “an elementary understanding of the language in question” and the mark at issue is in that language, or the relevant public may consist of specialists who have obtained an understanding of certain technical terms in another EU Member State’s official language. … will apply. On the other hand, the doctrine will not apply for the foreign terms that are “arbitrary and fanciful” for the American consumer and market, such as the Japanese term “SEIKO” . Similarly, the High Court of Australia established in the Cantarella case that the assessment of distinctiveness of a foreign norm is not only processed based on its original meaning in the native language, but also the common understanding by the average consumer of the relevant market. To conclude, what …
![Poland city view_Law Blogs Maastricht](/sites/default/files/2023-03/poland_mlr.jpg)
… the rule of law situation in Poland . It was the first time that the EU ministers discussed the rule of law in a Member State. Poland had been on the Commission’s radar for more than a year, with investigations under the new Rule of Law Framework starting in January 2016 already, for its controversial reforms regarding the functioning of the Polish Constitutional Tribunal and the appointment of its judges. The EU Framework to strengthen the Rule of Law was introduced in March 2014 as a … of judgments rendered by the Constitutional Tribunal and the functioning and effectiveness of constitutional review of new legislation by the Constitutional Tribunal. On 21 December 2016 the Commission then issued a second set of complimentary recommendations to Poland, urging the government to resolve the matters within a two months period . As a response, the Polish government sent a reply on 20 February 2017 refuting any rule of law issues regarding its Constitutional Tribunal , and …
![law_blog_van_igir_myhuntbook](/sites/default/files/2023-03/law_blog_van_igir_myhuntbook.jpg)
… brought to mind .” It was regarded that although the signs only coincide in their use of the word “book” and otherwise differ textually and graphically, in relation to social media, the element “book” is “ not weak ” and sufficiently distinctive. The target public, hence, will associate it with Facebook. The Board concluded that “ it can be safely expected ” that the applicant will benefit from the public making an immediate connection between the two marks. Given the risk of unfair advantage being taken of the reputation of Facebook, the opposition to the registration of “MYHUNTBOOK” as an EUTM was successful. Commentary While it would be a foolish endeavour to challenge the reputation of Facebook, the decision of the Board of Appeal should raise some eyebrows. In essence, due to the fact that Facebook is an established social media corporation, it seems to have a …
![Blog Krishnamani Jayaraman voor Eipin en Igir](/sites/default/files/2023-03/blog-krishnamani-jayaraman-voor-eipin-en-igir_mlr.png)
European Union research funding emphasises interactions between stakeholders as key to drive innovation on the continent.
![Law](/sites/default/files/2023-03/pexels-ekaterina-bolovtsova-6077123.jpg)
… law, some disputes are determined by specific occasions or persons. Peter Čuroš (Oslo) introduced the fundamental debate between Kelsen and Schmitt about the autonomy of law, linking it also to the role of governments in a period of upcoming totalitarian regimes. Adolfo Giuliani (Frankfurt) showed the ideological underpinnings of the Nouvelle Rhétorique movement, particularly in its disillusion with legal positivism, crucially shaped by the atrocities of the First and Second World Wars. …