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Charles M. Olsen - Transforming Church Boards into Communities

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Charles M. Olsen

Transforming Church Boards into Communities

1995

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PART 3: An Open Letter to Board and Council Members S. 111-180

„… PART3 An Open Letter to Board and Council Members (With Pennission Granted for Pastors, Council …” „… board members surveyed: 3 I was encouraged to consider the request prayerfully The committee gave me a …” „… prospective board member. Before making your final decision about embarking on this journey, you would do well …”

PART l: The Heart of the Matter: Transforming and Inspiring Church Boards S. 1-46

„… who are board members is at stake. People will not go on serving unfulfilling, life-draining boards …” „… appeal is not limited to the internal life of the individual board member or to the board as a whole. The …” „… . What empowennent! Self-perception is crucial. The individual board member is not to see her- or himself …”

Preface

„… members-but more. It would give attention to the integration of spirituality and administration at the board …” „… Letter to Board and Council Members 111 (With Pennission Granted for Pastors, Council Moderators,and …” „… Service Chapter 8 Preparing to Embark: 126 To Elected Board Members Preparing for Service Chapter 9 …”

PART 2: The Sum of Its Parts:Four Trans/ orming Practicesfor the Agenda of Meetings S. 47-110

„… vision of doing board differently. As we prepared to leave, one member remarked that he was sorry that …” „… six "power" members of the board had been absent. A Master Story: Moses Tells Jethro All Exodus …” „… board member is very personal, for its background is the member's own faith story. The individual has a …”

APPENDIX 2: Board Culture Indicators S. 182-185

„… Christian education ministry • We dialogue with youth • Commitment and stewardship ministry " Member care …” „… prayers of intercession • We remember our fellow session members (prayer partners) 9:40p.m. We Go Out in …” „… APPENDIX2 Board Culture Indicators 1. We are accountable to the board for the care of a designated group …”

doi.org/10.5771/9781566996815

Gordian N. Hasselblatt - Community Trade Mark Regulation

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Gordian N. Hasselblatt (ed.)

Community Trade Mark Regulation

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2015

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Independence of the members of the Boards of Appeal S. 1139-1145

„… appealing to them from that list. The selection is thus not restricted to members of the Board initially in …” „… charge of the case. Article 136 Independence of the members of the Boards of Appeal 1. The President of …” „… Article 162 (3). 2. The members of the Boards of Appeal shall be appointed by the Administrative Board for …”

Creation and powers S. 1117-1119

„… for the membership in the Administrative Board. 2 Members of the Administrative Board may at the same …” „… (1)). It subsequently also appoints new members of the Boards of Appeal (Art. 136 (2)). 8Article 124 …” „… Composition 1. The Administrative Board shall be composed of one representative of each Member State and one …”

Composition S. 1119-1120

„… for the membership in the Administrative Board. 2 Members of the Administrative Board may at the same …” „… and their alternates. 2. The members of the Administrative Board may, subject to the provisions of its …” „… form part of the Office’s Administrative Board, are selected and appointed by the respective Member …”

Meetings S. 1121-1123

„… one-third of the Member States. 4. The Administrative Board shall adopt rules of procedure. 5. The …” „… Administrative Board shall take its decisions by a simple majority of the representatives of the Member States …” „… both cases each Member State shall have one vote. 6. The Administrative Board may invite observers to …”

Chairmanship S. 1120-1121

„… the members of the Board who represent the Member States, by a simple majority. The Commission has no …” „… one-third of the Member States. 4. The Administrative Board shall adopt rules of procedure. 5. The …” „… Administrative Board shall take its decisions by a simple majority of the representatives of the Member States …”

Annex 2 COMMISSION REGULATION (EC) No 2868/95 S. 1488-1533

„… Board; (b) the date when the decision was taken; (c) the names of the Chairman and of the other members …” „… decision on costs. (3) The decision shall be signed by the Chairman and the other members of the Board of …” „… grounds as those on which objection may be made to an examiner or to a member of a Division or Board of …”

Provisions relating to the enlargement of the Community S. 1251-1259

„… to as ‘new Member State(s)’), a Community trade mark registered or applied for pursuant to this …” „… Regulation before the respective dates of accession shall be extended to the territory of those Member States …” „… the accession of a new Member State. 3. Where an application for the registration of a Community trade …”

Community trade mark S. 28-62

„… . http://ec.europa.eu/enlargement/policy/from-6-to-28-members/index_en.htm. 40 Under the chairmanship of the former president of the Dutch …” „… of the rights conferred on proprietors of trade marks by the laws of the Member States cannot be …” „… uniform Community law directly applicable in all Member States. (5) Since the Treaty has not provided the …”

Boards of Appeal S. 1134-1139

„… single member4. Article 135 Boards of Appeal 1. The Boards of Appeal shall be responsible for deciding on …” „… by an enlarged Board chaired by the President of the Boards of Appeal or by a single member, who must …” „… decision to confer a case on one member in the cases referred to shall be adopted by the Board handling the …”

Exclusion and objection S. 1145-1148

„… members of the Divisions set up within the Office or of the Boards of Appeal may not take part in any …” „… opposition proceedings. Members of the Boards of Appeal may not take part in appeal proceedings if they …” „… other reason, a member of a Division or of a Board of Appeal considers that he should not take part in …”

Cancellation Divisions S. 1132-1134

„… single member4. Article 135 Boards of Appeal 1. The Boards of Appeal shall be responsible for deciding on …” „… by an enlarged Board chaired by the President of the Boards of Appeal or by a single member, who must …” „… decision to confer a case on one member in the cases referred to shall be adopted by the Board handling the …”

Decisions in respect of appeals S. 754-757

„… term under member state law. IV. The Board’s decision-making process 14Pursuant to Art. 12 ROP, the …” „… other members of the Board, who can submit comments within a reasonable time limit set by the rapporteur …” „… . 15If the members of the Board are not of the same opinion, the Board convenes to deliberate on the …”

Staff S. 1071-1075

„… , without prejudice to the application of Article 136 to the members of the Boards of Appeal. 2. Without …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 IV. Members of the Boards of Appeal – Art. 136 CTMR . . . . . . . . . . . . . . . . . . 12 C …” „… , however, be heard (Art. 110 (2) Staff Regulations). IV. Members of the Boards of Appeal – Art. 136 CTMR 12 …”

Powers of the President S. 1113-1115

„… Vice-President (Art. 125), and of the President, the chairmen and the members of the Boards of Appeal (Art. 136 …” „… Implementing Regulation, the rules of procedure of the Boards of Appeal, the fees regulations and any other …” „… rule applying to the Community trade marks after consulting the Administrative Board and, in the case …”

Privileges and immunities S. 1075-1079

„… , however, be heard (Art. 110 (2) Staff Regulations). IV. Members of the Boards of Appeal – Art. 136 CTMR 12 …” „… The members of the Boards of Appeal are also members of the Office’s staff.6 They may be officials or …” „… CTMR applies. Under Art. 136 (2) CTMR, unlike other officials or agents, the members of the Boards of …”

Actions before the Court of Justice S. 757-797

„… Boards of Appeal, despite the independence granted to their chairmen and members under Art. 136 CTMR, are …” „… ) provides that the decisions of the Board only become effective after the expiry of the two-month period …” „… will have suspensive effect. Assuming that the court does not annul the Board’s decision, the decision …”

Competence S. 1123-1125

„… discussion, an absolute majority of all the members of the Administrative Board will become mandatory in …” „… 3B2 9.1.580; Page size: 160.00mm 240.00mm Board, the Commission cannot impose its will. Decisions …” „… issues relating to the organization of the Administrative Board even ask for a unanimous vote. 10 …”

Budget Committee S. 1148-1151

„… admissible, or if a member withdraws proprio motu, the Divisions and the Boards of Appeal shall decide as to …” „… Administrative Board. III. Powers of the Budget Committee 15Most importantly, the Member States represented in …” „… the action to be taken without the participation of the member concerned. For the purposes of taking …”

Budget S. 1151-1156

„… the proposal made by the Commission, whereby all Budget Committee members shall vote, which could …” „… include the Commission representative. At present, votes from bigger Member States or Member States with a …” „… higher number of trade marks are not given more weight, but each member has one vote. Nor does the …”

Decisions subject to appeal S. 734-736

„… the OHIM Boards of Appeal. The OHIM is one of the ‘bodies, agencies or offices’ or the European Union …” „… appeals examination (Art. 63 CTMR). 3In the case of the OHIM, appeals are made to the Boards of Appeal …” „… . Each appeal is allocated to one of the five Boards of Appeal for examination. The Boards of Appeal …”

Application for revocation or for a declaration of invalidity S. 725-729

„… referred to in that provision or by the persons who are entitled under the law of the Member State …” „… a Member State and has acquired the authority of a final decision. Bibliography: Charles …” „… reputation, the Member State in which it is claimed that the mark is well known/has a reputation must be …”

Application of Regulation (EC) No 44/2011 S. 956-962

„… Chapter II of Regulation (EC) No 44/2001 which are applicable to persons domiciled in a Member State shall …” „… also be applicable to persons who do not have a domicile in any Member State but have an establishment …” „… jurisdiction of the Community trade mark court in a Member State where the defendant runs an establishment even …”

Index S. 1598-1627

„… of the BoA 135 13 – removal from office 136 12 et seq. – Single Member Board 135 19 et seq …” „… seq. – decision taken by a single member 133 12 – function of a fall-back unit 133 9 – general 133 1 …” „… and Fees Service 133 2 – responsibilities 133 4 et seq. Administrative Board – chairmanship 128 1 et …”

Absolute grounds for invalidity S. 708-716

„… , whether deriving from the Examination, Opposition division or Board of Appeal. Earlier the Cancellation …” „… Cancellation Division could invalidate a registered trade marks2. 3 The Board of Appeal rectified this position …” „… in the decision in the Playing Cards matter3. In this decision the Board held: ‘The role of the …”

Reference to general principles S. 896-900

„… among the Member States and harmonization within the Union. 5 Regardless of this omission the Boards of …” „… Regulation, the Implementing Regulation, the fees regulations or the rules of procedure of the Boards of …” „… Member States. Content I. Purpose/objective …”

Time limit and form of appeal S. 740-745

„… Boards’ de novo examination has also since 2004 been provided for in rules of procedure of Boards of …” „… affected’ by that decision. It follows, however, from the above and from the de novo nature of the Board’s …” „… the Board. 27The ROP do, however, provide that any submission by the defendant seeking to have the …”

Examination of the application S. 729-734

„… to earlier national trade marks referred to in Article 8 (2)(a), by substituting use in the Member …” „… national registrations in Member States. 18In the absence of proof of genuine use for the relevant periods …” „… the OHIM Boards of Appeal. The OHIM is one of the ‘bodies, agencies or offices’ or the European Union …”

Office S. 62-65

„… up its duties, and the Administrative Board determined 1April 1996 to be the date when the first CTM …” „… reflects the Office’s affiliation to the European Union4. 5 By decision of the governments of the Member …” „… widely known, this goal is more than being achieved. 1 Decision of the Administrative Board No CA-95-19 …”

Examination of the facts by the Office of its own motion S. 831-842

„… and – perhaps most important – not all the legal education available throughout the Member States puts …” „… an emphasis on detailed reasoning. To the contrary: Quite a few Member States’ legal systems would …” „… be confused or mixed-up with national procedural standards in the Member States2, as these may …”

Titelei/Inhaltsverzeichnis S. 1-27

„… ....................................................................................................... 1107 Article 136 Independence of the members of the Boards of Appeal …” „… (Lyon), Member of the Boards of Appeal, OHIM, Alicante Artt. 138–144 Urmas Kauler, Lawyer, Patendibu¨roo …” „… as the Chicago-Kent College of Law, and he is a member of GRUR’s expert committee for trade mark and …”

Denmark S. 1319-1328

„… Office in Denmark must be appealed to the Patent Board of Appeal before any further appeals may be lodged …” „… a final decision by the Patent and Trade mark Office or the Patent Board, the Patent and Trade mark …” „… Office or the Patent Board of Appeal will stay proceedings until court proceedings have been finalized. 3 …”

Statement of reasons on which decisions are based S. 822-831

„… , national constitutional laws within the Member States of the European Union often provide comparable or …” „… , Opposition Divisions, the Administration of Trade Marks and Legal Division, Cancellation Divisions and Boards …” „… Boards of Appeal, dissents and rejects or dismisses an action based on one count, it is required to …”

Examiners S. 1125-1127

„… member of the Opposition Division or the Cancellation Division may take a decision, which are in general …” „… automatically void8. When appealed, these decisions will be cancelled by the Boards of Appeal without any …” „… assessment of their merits, unless the competent Board decides to take a decision on the merits of the case …”

Establishment of a committee and procedure for the adoption of implementing regulations S. 1244-1246

„… Committee on Fees, Implementation Rules and the Procedure of the Boards of Appeal of the Office for the …” „… referred to as the ‘Committee on Fees, Implementation Rules and the Procedure of the Boards of Appeal of …” „… competence by the ‘Committee on Fees, Implementation Rules and the Procedure of the Boards of Appeal of the …”

Administration of Trade Marks and Legal Division S. 1129-1132

„… under discussion, the scope of decisions which may be taken by a single member might be extended, as the …” „… Commission would be empowered to specify cases suitable for such single member2. Article 133 Administration …” „… of the Division shall be taken by one member. Content I. General remarks …”

Signs of which a Community trade mark may consist S. 73-86

„… of the leading case law of the Boards of Appeal’, E.I.P.R 32 (9) (2010), pp. 437; Maximilian Schenk …” „… vis-a`-vis the laws of the Member States. It takes up the broad trade mark concept introduced by the …” „… the Community trade mark were more narrowly drawn than the definition in some Member States, the …”

Oral proceedings S. 842-846

„… before the Cancellation Division and the Boards of Appeal, in so far as the department before which the …” „… . 76–85, at the General Court, Artt. 55–63, and at the Boards of Appeal, Art. 9, provide similarly. The …” „… Court and the Boards of Appeal typically decide not to hear oral argument where none of the parties has …”

Withdrawal, restriction and amendment of the application S. 667-671

„… an application was available at that date in the member states signatories of the Protocol.3 1 Title …” „… number of national applications to be treated according to national law of the Member States specified in …” „… Board of Appeal as an alternative only if the Board of Appeal were minded to reject the application in …”

Effects vis-a`-vis third parties S. 532-540

„… effects vis-a`-vis third parties in all the Member States only after entry in the Register. Nevertheless …” „… referred to in Article 20 shall be governed by the law of the Member State determined in accordance with …” „… Article 16. 4. Until such time as common rules for the Member States in the field of bankruptcy enter into …”

Control of legality S. 1108-1110

„… Administrative Board or Budget Committee or in case of oral proceedings6 are not supplied by the Translation …” „… shall require that any unlawful acts as referred to in paragraph 1 be altered or annulled. 3. Member …” „… not expressly mentioned, acts of the Administrative Board.5 II. Exercise of the control by the …”

Costs S. 903-923

„… Board of Appeal or a member of the staff of the Opposition Division or Cancellation Division shall fix …” „… so dictate, the Opposition Division, Cancellation Division or Board of Appeal shall decide a …” „… discretion of the Opposition Division, Cancellation Division or Board of Appeal. 5. Where the parties …”

Czech Republic S. 1311-1319

„… , in three-member panels of judges. Consequently, there is no room for forum shopping for CTM …” „… , as amended. Czech Republic Litigation in EU member states 1286 Michal Havlı´k Reemers Publishing …” „… . Czech Republic Litigation in EU member states 1288 Michal Havlı´k Reemers Publishing Services GmbH …”

Persons who can be proprietors of Community trade marks S. 86-90

„… graphic representation for the purpose of re-categorizing the sign. In case T-245/12, the Board had argued …” „… , the Board misperceived the nature and characteristics of the mark at issue80. Article 5 Persons who …” „… nationals of or persons domiciled in a Member State of the EC, the Paris Convention or a state with regard …”

Community implementing provisions S. 1240-1244

„… Regulation and the rules of procedure of the Boards of Appeal shall be adopted and amended in accordance with …” „… designation of a Member State under the Madrid Agreement or the Madrid Protocol (Art. 113 (1), Rule 45 (2 …” „… Committee on Fees, Implementation Rules and the Procedure of the Boards of Appeal of the Office for the …”

Continuation of proceedings S. 891-896

„… . National law, Art. 81 (8) 150 Art. 81 (8) makes it clear that the authorities of each Member State are free …” „… the authorities of a Member State. 151 Under this rule, the Member States can either provide for their …” „… action before the Court of Justice against a decision of the Board of Appeal. – Art. 81 – time limit for …”

Effects of international registrations designating the European Community S. 1204-1209

„… Art. 8 (1), (2)(a)(iv), (b) CTMR5 and, subject to the applicable laws of the Member State concerned …” „… States on the opponent’s behalf, see decision of the Fourth Board of Appeal of 14 April 2014, in Case R …” „… . 10 Dec. of the Fourth Board of Appeal of 25 February 2013 in Case R 407/2012-4 – ALIFOODS; dec. of …”

Lithuania S. 1395-1406

„… Litigation in EU member states 1370 Inga Lukauskiene˙/Reda Zˇaboliene˙ Reemers Publishing Services GmbH …” „… civil procedure for the compensation of damages. Lithuania Litigation in EU member states 1372 Inga …” „… in EU member states 1374 Inga Lukauskiene˙/Reda Zˇaboliene˙ Reemers Publishing Services GmbH …”

Entry into force S. 1259-1262

„… European Union. 2. The Member States shall within three years following entry into force of Regulation (EC …” „… were to be filed at the Office from the date fixed by the Administrative Board, which date was 1 April …” „… April 2009. 4With regard to the implementing measures to be taken by the Member States, Art. 167 (2 …”

Opposition Divisions S. 1127-1129

„… a Community trade mark. 2. The decisions of the Opposition Division shall be taken by three-member …” „… groups. At least one member shall be legally qualified. In certain specific cases provided for in the …” „… Implementing Regulation, the decisions shall be taken by a single member. Content I. Responsibilities of the …”

Complementary application of national law relating to infringement S. 438-439

„… brought under the law of Member States relating in particular to civil liability and unfair competition. 3 …” „… provision and is not directly affected by decisions or case law relating to the national laws of member …” „… confusing by a Spanish national court did not mean that the Board of Appeal could not find the trade marks …”

Grounds for revocation S. 697-708

„… Member States or under Community law.3 7 The consequences of a revocation and a declaration of invalidity …” „… part of the Community’, in relation to Art. 7 (2), may refer to a single Member State.28 IV. Revocation …” „… Board of Appeal in relation to a trade mark that was allegedly misleading as to the geographical origin …”

Claiming seniority after registration of the Community trade mark S. 602-604

„… an earlier identical trade mark registered in a Member State, including a trade mark registered in …” „… effective in a Member State, for goods or services which are identical to those for which the earlier trade …” „… in respect of the Member State in or for which it was registered. 2. Article 34 (2) and (3) shall …”

Repeal S. 1259

„… European Union. 2. The Member States shall within three years following entry into force of Regulation (EC …” „… were to be filed at the Office from the date fixed by the Administrative Board, which date was 1 April …”

Seniority S. 1212-1215

„… seniority of an earlier trade mark registered in a Member State, including a trade mark registered in the …” „… Benelux countries, or registered under international arrangements having effect in a Member State, as …” „… (2), claim at the Office the seniority of an earlier trade mark registered in a Member State …”

Publication S. 1209-1212

„… observations or oppositions for a second time (Art. 161 (2) CTMR). 7 See, e. g., decision of the Fifth Board of …” „… international application, the seniority of an earlier trade mark registered in a Member State, including a …” „… effect in a Member State, as provided for in Article 34. 2. The holder of an international registration …”

Exhibition priority S. 590-593

„… laid down in the Implementing Regulation. 3. An exhibition priority granted in a Member State or in a …” „… date of first display. Further, exhibition priority which may have been granted in a Member State or in …” „… registered in a Member State, including a trade mark registered in the Benelux countries, or registered under …”

Fees regulations S. 1161-1171

„… regulations or take other action, overseen by committees made up of representatives of the Member States. For …” „… CTMR. However, the involvement of the Member States is less (see potential conflict of interests in Art …” „… of the CTM has been expanded, without any additional fees, to new territories every time new Member …”

No title S. 1107-1108

„… the meetings of the Administrative Board or Budget Committee or in case of oral proceedings6 are not …” „… altered or annulled. 3. Member States and any person directly and individually concerned may refer to the …”

Restitutio in integrum S. 872-891

„… shall limit the right of a Member State to grant restitutio in integrum in respect of time limits …” „… to file evidence of use of a mark, or the Boards of Appeal on the missed payment of the appeal fee …” „… of those rights. 21Art. 81 (8) makes it clear that the authorities of each Member State are free to …”

Transfer S. 482-497

„… has his domicile, seat or establishment in one of the 28 Member States. 50The reference to national …” „… greatly between Member states. From a comparative perspective there are at least three different concepts …” „… discussion of inseparability, which for a long time had divided the Member States and for exactly this reason …”

Surrender S. 693-697

„… Member State in the territory the proprietor has his centre of main interests, an entry can be made in …” „… mark and apply for conversion in all or some of the EU Member States. As a result of the conversion …” „… allow the proprietor to benefit from trade mark protection in the chosen Member States for another …”

Transfer of a trade mark registered in the name of an agent S. 497-504

„… OHIM, Second Board of Appeal, 14 September 2004, Case No 460/2003-2, Nu Science Corporation v Basic …” „… v A&G Imports Ltd and Tesco Stores Ltd v Levi Strauss & Co, mn. 45. OHIM, Second Board of Appeal, 7 …” „… mark courts established in the Member States. Indeed, Art. 96 (a) CTMR, which recognize to the …”

Absolute grounds for refusal S. 96-225

„… question in CTM registration proceedings, but only in cancellation proceedings in the respective Member …” „… transcribed in any script or official language of a Member State’. According to this mechanism, a designation …” „… taken from a foreign language or script has to be translated into the official languages of the Member …”

Capacity to act S. 65-73

„… , first and foremost the examiners and the members of the BoAs. Since they are all fluent in several …” „… Office by decision of the governments of the Member States at the same occasion when Spain as the country …” „… neither members of the Paris Convention nor of the WTO; Art. 5 (2) deleted by Reg. (EC) No. 422/2004 of …”

Ireland S. 1369-1376

„… ] ETMR 238. Ireland Litigation in EU member states 1344 Louise Carey Reemers Publishing Services GmbH …” „… Rathmines Joint Hospital Board [1940] 1 Irish Reports 161. 11 Norwich Pharmacal Co. & Others v Customs and …” „… Superior Courts. Ireland Litigation in EU member states 1346 Louise Carey Reemers Publishing Services GmbH …”

Notification S. 860-867

„… procedural framework that may be known from national laws of the Member States. It is not a judicial act but …” „… procedural laws regarding (judicial) service in the Member States significantly vary, a very basic standard …” „… Member States with more than 20 official languages, in a territory of more than 4,200,000 km2 and a …”

Table of Cases S. 1554-1598

„… The owners of the cargo lately laden on board the ship ‘Tatry’ v the owners of the ship ‘Maciej Rataj …” „… [1940] 1 Irish Reports 161 Attorney General v Rathmines Joint Hospital Board 01.02.04 Ireland 12 [1983 …” „… – BOARDS OF APPEAL R-5/1997-1 BatMark, Inc v 29OHIM 15.05.98 34 1, 12 f. R-20/1997-1 USA Detergents, Inc. v …”

Right of priority S. 578-586

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 a) First filing in state which is member to PC or WTO. . . . . . . . . . . . 9 b) Sufficient to …” „… application in a state member to the Paris Convention or WTO2 may secure for a period of six months from the …” „… principle of Union Priority stipulated in Art. 4 PC. Since the European Union is not a member of the Paris …”

Claiming the seniority of a national trade mark S. 593-602

„… trade mark 1. The proprietor of an earlier trade mark registered in a Member State, including a trade …” „… in a Member State, who applies for an identical trade 10 S. OHIM Dec. of 28.2.2006 – Opposition No …” „… . 743817 – WITH v WITH, p. 3; upheld by the First Board of Appeal: OHIM Dec. of 25.8.2006 – R 0596/2006-1 …”

Examination of opposition S. 657-667

„… referred to in Article 8 (2)(a), by substituting use in the Member State in which the earlier national …” „… Art. 10 Trade Marks Directive as implemented in the national law of the Member States. 4 See Art. 76 …” „… the wording ‘in the Community’ the territorial borders of the Member States should be disregarded when …”

Examination of the conditions of filing S. 604-615

„… undertaken by: – any legal practitioner qualified in one of the Member States and having his place of …” „… approved.15 Nevertheless, OHIM’s Boards of Appeal had already decided some time ago that signing with the …” „… a member state, including a trade mark registered in the Benelux countries, or registered under …”

Exhaustion of the rights conferred by a Community trade mark S. 423-438

„… mark proprietor could use his trade mark rights to prevent the import of products from one Member State …” „… Before the CTMR entered into force EU member states treated the exhaustion principle in different ways …” „… allow Member States to extend this to international exhaustion.11 Therefore, in principle trade mark …”

Taking of evidence S. 846-860

„… decision in writing. The Rules of Procedure at the Boards of Appeal, Art. 9 (3), indicate that a case shall …” „… drawn up. 2. The relevant department may commission one of its members to examine the evidence adduced …” „… perception of a potential empirical fact may be different from the perception in other Member States …”

Languages S. 1083-1102

„… Administrative Board or Budget Committee.11 Also publications by OHIM which do not fall under Art. 120 CTMR, such …” „… eventually rejected on the grounds of formality deficiencies32 and this was confirmed by OHIM’s Board of …” „… non-discrimination between the official languages of the Member States.36 Not only was Art. 1 of Regulation No 1 of …”

Use of Community trade marks S. 439-465

„… infringement of a CTM and other related actions will follow the procedures of the Member State in which the …” „… the member states in which the action is pursued will prevail. 5 Title X governs the provisions of …” „… solely on the basis of a provision under the law of an individual member state. The most notable example …”

Relative grounds for refusal S. 225-322

„… ) Community trade marks; (ii) trade marks registered in a Member State, or, in the case of Belgium, the …” „… international arrangements which have effect in a Member State; (iv) trade marks registered under international …” „… application for registration of the Community trade mark, are well known in a Member State, in the sense in …”

doi.org/10.5771/9783845258904

Samuel A. DePaul - Perspectives and Reflections for the Superintendent

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Samuel A. DePaul

Perspectives and Reflections for the Superintendent

2022

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Chapter 5: Ethics and the Superintendent and School Board Members S. 45-52

doi.org/10.5771/9781475862768

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Jens-Hinrich Binder, Christos V. Gortsos

The European Banking Union

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2015

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CODE OF CONDUCT FOR THE MEMBER STATES OF THE SUPERVISORY BOARD OF THE EUROPEAN CENTRAL BANK S. 257-262

„… CODE OF CONDUCT FOR THE MEMBER STATES OF THE SUPERVISORY BOARD OF THE EUROPEAN CENTRAL BANK (2015/C …” „… the Supervisory Board of the European Central Bank (hereinafter the ‘members of the Supervisory Board …” „… employment within two years of members of the Supervisory Board and to provide for appropriate disclosures …”

RULES OF PROCEDURE OF THE SUPERVISORY BOARD OF THE EUROPEAN CENTRAL BANK S. 253-256

„… means of teleconferencing, unless at least three members of the Supervisory Board object. Attendance at …” „… Vice-Chair, the Supervisory Board shall be chaired by the most senior member of the Supervisory Board in …” „… other member of the Supervisory Board. Except in emergencies, an item shall be removed from the …”

DECISION OF THE EUROPEAN CENTRAL BANK of 22 January 2014 S. 189-196

„… criterion and, by virtue of their membership in the Supervisory Board, a vote under the number of members …” „… authority in each participating Member State. All members of the Supervisory Board act in the interest of …” „… not a central bank, the respective member of the Supervisory Board may bring a representative from the …”

REGULATION (EU) No 806/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL S. 287-366

„… members of the Board should be appointed on the basis of merit, skills, knowledge of banking and financial …” „… Chair, the Vice-Chair and the four further full-time members of the Board should be chosen on the basis …” „… for the positions of Chair, Vice-Chair and the four further full-time members of the Board. The …”

The two main pillars of the European Banking Union: the legal framework in a ‘nutshell’ S. 17-68

„… authorities of participating Member States and on the basis of a proposal from the Supervisory Board, the ECB …” „… of Conduct for the members of the Supervisory Board, a revised Ethics Framework for all ECB staff …” „… authority is not a central bank, the member of the Supervisory Board may decide to also bring a …”

DECISION OF THE EUROPEAN CENTRAL BANK of 14 April 2014 S. 211-216

„… Board’) is hereby established. Composition 1. The Administrative Board shall be composed of five members …” „… of the Administrative Board and the two alternates shall be individuals of high repute who are Member …” „… 1024/2013. 3. The two alternates shall temporarily replace the members of the Administrative Board in case …”

REGULATION (EU) No 673/2014 OF THE EUROPEAN CENTRAL BANK S. 177-180

„… Vice-Chair of the Supervisory Board, who is not a member of the Mediation Panel, shall act as Chair of the …” „… Supervisory Board members. 2. The mandate of the Mediation Panel members shall expire if they cease to be …” „… Board members. 2. Any other competent authority of a participating Member State concerned by and having …”

COUNCIL REGULATION (EU) No 1024/2013 S. 77-108

„… participating Member State should also be able to invite the Chair or a representative of the Supervisory Board …” „… members of the Supervisory Board should be timely and fully informed on the items on the agenda of its …” „… the legitimate interest of the SSM/ECB where a former member of the Supervisory Board begins work …”

REGULATION (EU) No 1022/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL S. 115-124

„… voting members of the Board of Supervisors which do not have any conflicts of interest, appointed by the …” „… by a simple majority of the voting members of the Board of Supervisors, which should include a simple …” „… , consisting of the Chairperson of the Board of Supervisors and six other members, who are not representatives …”

DECISION OF THE EUROPEAN CENTRAL BANK of 17 September 2014 S. 221-226

„… Supervisory Board, and staff seconded by participating Member States carrying out supervisory duties. (13) The …” „… 1. Members of the Supervisory Board, of the Steering Committee and of any substructures established …” „… by the Supervisory Board, staff of the ECB and staff seconded by participating Member States carrying …”

INTERGOVERNMENTAL AGREEMENT (8457/14) ON THE TRANSFER AND MUTUALISATION OF CONTRIBUTIONS TO THE SINGLE RESOLUTION FUND S. 273-286

„… modalities, criteria and the procedure for the Board to agree with the Member State concerned by termination …” „… the representatives of the euro area Member States meeting within the Council of the European Union of …” „… Systemic Risk Board by Regulation (EU) No 1092/2010 of the European Parliament and of the Council7 to which …”

COUNCIL IMPLEMENTING DECISION (2014/943/EU) S. 367-368

„… , the Vice-Chair and the further full-time members of the Single Resolution Board (2014/943/EU) THE …” „… full-time members of the Board should be appointed. (4) Pursuant to Article 56(7) of Regulation (EU) No …” „… appointment of the Chair, the Vice-Chair and the four further full-time members of the Board to the European …”

INTERINSTITUTIONAL AGREEMENT BETWEEN THE EUROPEAN PARLIAMENT AND THE EUROPEAN CENTRAL BANK ON THE PRACTICAL MODALITIES OF THE EXERCISE OF DEMOCRATIC ACCOUNTABILITY AND OVERSIGHT OVER THE EXERCISE OF THE TASKS CONFERRED ON THE ECB WITHIN THE FRAMEWORK OF THE SINGLE SUPERVISORY MECHANISM S. 241-248

„… Regulation provide that the members of the Supervisory Board, the steering committee, staff of the ECB and …” „… in the Supervisory Board or senior members of the supervisory staff (Director Generals or their …” „… to confidentiality requirements equivalent to those applying to the members of the Supervisory Board …”

Titelei/Inhaltsverzeichnis

„… the further full-time members of the Single Resolution Board” (OJ L 367, 23.12.2014, pp. 97-98 …” „… corresponding framework for centralised decisionmaking in the area of bank resolution, Eurozone Member States …” „… groups of such institutions in the Eurozone (at least) and the Single Resolution Board expected to become …”

REGULATION (EU) No 468/2014 OF THE EUROPEAN CENTRAL BANK S. 125-172

„… ) of Regulation (EU) No 1024/2013, Having regard to the proposal from the Supervisory Board and in …” „… Central Bank (ECB) and the national competent authorities (NCAs) of participating Member States. (2 …” „… established in the participating Member States. The ECB is responsible for the effective and consistent …”

MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL OF THE EUROPEAN UNION AND THE EUROPEAN CENTRAL BANK ON THE COOPERATION ON PROCEDURES RELATED TO THE SINGLE SUPERVISORY MECHANISM (SSM) S. 249-252

„… Recital 74 and Article 27(1) of that Regulation provide that the members of the Supervisory Board, the …” „… institutions and the stability of the financial system within the European Union and each Member State …” „… democratically legitimised institutions representing the citizens of the Union and the Member States; E. whereas …”

COUNCIL REGULATION (EU) No 2015/159 S. 109-114

„… this principle of separation, a Supervisory Board has been established pursuant to Article 26 of …” „… Governing Council of the ECB are subject to review by the Administrative Board of Review, under the …” „… separation and the establishment of the Supervisory Board and the Administrative Board of Review, two …”

DECISION OF THE EUROPEAN CENTRAL BANK of 17 December 2014 S. 227-230

„… the Executive Board3, the Code of Conduct for the members of the Supervisory Board and the ECB Staff …” „… appropriate to do so. 4. The Executive Board shall entrust a member of staff to perform the secretarial …” „… of Ethics Criteria for the members of the Executive Board. 3. In order to assist the Audit Committee …”

DECISION OF THE EUROPEAN CENTRAL BANK of 21 January 2015 S. 231-234

„… financial system within the Union and each Member State, with full regard and duty of care for the unity and …” „… system in the Union and in Member States, in respect of requests for access to ECB documents relating to …” „… Board. (3) In carrying out the specific tasks referred to in the first recital, the ECB will also draw …”

RECOMMENDATION FOR A COUNCIL REGULATION AMENDING REGULATION (EC) NO 2532/98 CONCERNING THE POWERS OF THE EUROPEAN CENTRAL BANK TO IMPOSE SANCTION S. 263-272

„… infringement procedure The reference in the first sentence of Article 3(1) to the Executive Board as the body …” „… remain with the Executive Board, subject to the new Article 4 b. Article 1 a Article 2 Article 3 lation …” „… procedure involving the Supervisory Board and the Governing Council of the ECB, in line with Article 26 of …”

DECISION OF THE EUROPEAN CENTRAL BANK of 6 February 2014 S. 209-210

„… interest with their positions as members of the Supervisory Board. In particular, they shall not perform …” „… the European Central Bank to the Supervisory Board (ECB/2014/4) (2014/427/EU) THE GOVERNING COUNCIL OF …” „… the Supervisory Board, none of whom shall perform duties directly related to the monetary function of …”

REGULATION (EU) No 469/2014 OF THE EUROPEAN CENTRAL BANK S. 173-176

„… investigative functions independently from the Executive Board and the Governing Council, and shall not take …” „… part in the deliberations of the Executive Board and Governing Council. 2. Where the ECB considers that …” „… shall be referred to the Executive Board. 3. Where the Executive Board considers that the applicable …”

DECISION OF THE EUROPEAN CENTRAL BANK of 4 February 2014 S. 203-208

„… information for the ECB to carry out such a comprehensive assessment. (6) Members of the Supervisory Board …” „… regard to the proposal from the Supervisory Board, Whereas: (1) From 3 November 2013, in view of the …” „… assessment, of the credit institutions of the participating Member States. The ECB is required to carry out …”

DECISION OF THE EUROPEAN CENTRAL BANK of 2 July 2014 S. 217-220

„… 1024/2013, members of the Supervisory Board, staff of the ECB and staff seconded by participating Member …” „… particular Article 21 and Article 140(4) thereof, Having regard to the proposal of the Supervisory Board …” „… participating Member States; (b) significant supervised entities that are not part of a supervised group; (c …”

DECISION OF THE EUROPEAN CENTRAL BANK of 11 February 2015 S. 235-240

„… institutions established in the participating Member States or branches established in a participating Member …” „… State by a credit institution established in a non-participating Member State will be calculated at the …” „… highest level of consolidation within participating Member States and will be based on objective criteria …”

The European Banking Union – Rationale and Key Policy Issues S. 1-16

„… other EU Member States), 40 et seq. (residual powers of host country authorities), 49 et seq. (home …” „… , 200-3. 18 On the measures adopted by Member States throughout the crisis and the resulting costs to …” „… ., Facts and figures on state aid in the EU Member States, Commission Staff Working Paper, SEC (2011) 1487 …”

doi.org/10.5771/9783845265278

Gerald George, Carol Maryan-George - Starting Right: A Basic Guide to Museum Planning

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Gerald George, Carol Maryan-George

Starting Right: A Basic Guide to Museum Planning

2012

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Appendix B. Board Membership Responsibilities Agreement S. 143-144

„… members. Its purpose is to clarify what Board membership involves and to help Board members focus their …” „… efforts for the benefit of the organization.A member of the Board of the [name of museum] will be …” „… director in advance if an absence is necessary. A Board member may no longer serve after more than three …”

Appendix C. Sample Museum Bylaws S. 145-152

„… Trustees (hereinafter called the “Board”) consist-ing of not more than ____ members to be elected as …” „… prescribed in Section 3.1.Section 3.1. The terms of one-third (3) of the Members of the Board shall expire at …” „… interests and groups.Section 3.3. Any Member of the Board who is absent from three (3) meetings in …”

PART II. NUTS AND BOLTS S. 51-120

„… board members, directors, staff members, and volunteers?8. What else can you do to promote harmony in …” „… will you clarify the relative responsibilities and prerogatives of board members, directors, staff …” „… differences between the responsibilities of board members or trustees and the responsibilities of the …”

PART I. THE BIG QUESTIONS S. 1-50

„… ? Almost every museum depends to some extent on financial assistance from board members, even if it has …” „… other resources. Although some board members, such as lawyers and accountants, may contribute services …” „… responsibility and board members must take the lead in raising funds, which includes lobbying to maintain …”

Index S. 159-166

„… History (AASLH), 10, 30, 31, 33, 35, 36, 58, 102; Board Organizer/Orientation Kit of, 33; mentoring …” „… Center, 47boards of trustees, 18–19, 69–73, 84, 100, 101, 13–4, 106, 107, 112, 113, 114; committees of …” „… , 150–51; members of, 146–48, 153–54; officers of, 148–49, 152; responsibilities of, 143–44. See also …”

Preface

„… information on military museums, and Mary van Balgooy gave permission to use a Board Membership …” „… , Tennessee, provides leadership, service, and support for its members, who preserve and interpret state and …” „… association representing history organizations and the professionals who work in them. AASLH members are …”

Appendix D. Sample Position Description for a Director S. 153-154

„… communicate that understanding to the Board and to stakeholders, supporters, and others outside the museum …” „… staff members, including volunteers.12_286-George.indb 153 8/7/12 12:52 PM154 Some Basic Documents2 …” „… . Responsible for developing plans and budgets for consideration by the Board, and for their implementation when …”

PART III. ALTERNATIVES S. 121-138

„… cooperation to organize a regional museum whose board of directors would represent multiple communities and …” „… affiliated with area colleges. In other instances, historical society members collaborate to pro-duce such …”

doi.org/10.5771/9780759121416

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