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Anca Daniela Chirita - The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

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Anca Daniela Chirita

The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 82 2011

Results in this title

Refusal to Deal S. 298-300

„… 298 V. Refusals 1. Refusal to Deal Under EU competition law, the refusal to deal is not a clearly …” „… articulated concept. In addition, Article 6 (a) does not clearly foresee under which circumstances a refusal …” „… a refusal to deal may be objectively justified.1211Most of the cases heard by the CC refer to an …”

Refusal to Supply S. 300-302

„… . Refusal to Supply A dominant undertaking’s requirement to supply an existing customer or a potential …” „… involved in these cases than in cases of refusal to deal. Refusals to supply concern dominant undertakings …” „… , a refusal to continue to supply with spare 1223 FCO, Importarzneimittel – Boykott, 14 August 1992 …”

Refusal to Grant Access to Essential Facilities S. 302-307

„… amounted to a restriction of competition, and therefore was unjustified. In conclusion, regarding refusals …” „… to deal, the interest in maintaining an open market structure is crucial for the refusal to supply …” „… the competitive pressure in the market, thereby protecting competitors. 3. Refusal to Grant Access to …”

Abuse of Intellectual Property Rights: A New Exploitative Abuse of Property Rights? S. 307-314

„… . Under Article 102, the protection of own investments is not an objective justification of a refusal to …” „… general duty regarding IP licensing.1271 A refusal to license is not per se abusive and the ECJ dismissed …” „… the claim that Volvo’s refusal to grant Veng a license for a registered design was an abuse. The …”

Selected Anti-competitive Practices of the Guidance Paper S. 192-196

„… . 774 Supra n 5, para 48. 195 c) Refusal to Supply In its Guidance Paper, the Commission assumes that …” „… property.775 It shifts its former policy in refusal to supply cases to one that requires «careful …” „… clear distinction between the various types of refusal to supply, particularly the essential facilities …”

Technological Tying v Interoperability in the Software Industry S. 294-298

„… ,1204 which is a more unfair method of competition, as in the US Intel case. In Microsoft, the refusal …” „… see, ChiriY<, supra n 213. 298 V. Refusals 1. Refusal to Deal Under EU competition law, the refusal to …” „… which circumstances a refusal to deal may occur in practice. It expressly prohibits any attempts to …”

Exclusionary Abuses S. 133-142

„… ; the exploitative abuse is dealt with in Sections 19(4) 2nd and 3rdsentences; the refusal abuses are …” „… also be extended to behavioural economics.520Furthermore, Article 6 (a) includes the refusal to deal …” „… essential facilities or infrastructure. In particular, such practices may also apply to a refusal to grant …”

Efficiencies S. 331-333

„… due to an «artificial» interoperability advantage, whilst Microsoft’s refusal «discouraged competitors …” „… have been due to reasons other than Microsoft’s refusal to supply interoperability information; for …” „… network environment. If abuse is defined as the prevention of «technical development», then, every refusal …”

An Empirical Classification of Abusive Practices and Future Challenges S. 230-235

„… , exclusionary conduct, and discrimination, including refusals.923However, the latter are not as extensively …” „… exclusionary conduct, discrimination, and refusal abuse.924 The latter form of abusive conduct is present as a …” „… refusal to grant access to a network or GCLC Research Papers on Article 82 EC, 111. Gerard pleaded for …”

The Balancing Test: The Public Interest and Effective Competition S. 333-336

„… mere refusal to grant a licence to a third party is not abusive per se, but only «when it is …” „… accompanied by exceptional circumstances such as those hitherto envisaged in the case law that such a refusal …” „… , para 1333. 1351 Hellström, supra n 903, 58. «A refusal to supply, be it access, a license, information …”

Economically Viable or Surviving in the Market S. 338-342

„… for its losses in the primary market.1374The court considered that Microsoft’s refusal to provide …” „… interoperability information was a refusal to licence,1375 and endorsed the Commission’s findings that the …” „… cumulative effect over time of such a refusal had limited technical progress. Microsoft argued that a …”

Titelei/Inhaltsverzeichnis S. 2-10

„… . Selected Anti-competitive Practices of the Guidance Paper 192a) Predatory Pricing 192b) Tying 193c) Refusal …” „… . Refusals 2981. Refusal to Deal 2982. Refusal to Supply 3003. Refusal to Grant Access to Essential …”

Likelihood of Effects and Competition on the Merits S. 329-330

„… directly but also those which indirectly prejudice them», for Microsoft’s refusal to provide …” „… of dominance it was, however, irrelevant whether the refusal to provide interoperability information …” „… , where a refusal to supply must eliminate all competition in the market, see joined Cases 6-7/73 …”

The Lock-in Effect: Microsoft & Soda Club S. 330-331

„… recognised Microsoft’s refusal to supply competitors with interoperability information that would enable them …” „… limited due to an «artificial» interoperability advantage, whilst Microsoft’s refusal «discouraged …” „… have been due to reasons other than Microsoft’s refusal to supply interoperability information; for …”

Discrimination as a Structural Abuse S. 143-145

„… . 144 justification. For example, a discriminatory conduct may consist of a refusal to deal with or to …” „… refusal to supply all retail dealers might constitute unfair hindrance, but would not constitute …” „… abuse, especially to refusal to supply cases. Thus, Section 20(2) offers a normative approach to both …”

Brief Overview of Responses and Concluding Remarks S. 196-201

„… interpreted in practice. Furthermore, the abrupt termination of a refusal to supply, which must be objectively …” „… likely to be objectively justified than the refusal to start a supply relationship. For example, a …” „… refusal was justified because the supplier reorganised its distribution system according to objective …”

The Abuse of Economic Dependence S. 145-146

„… German concept of dependence is, however, broadly applied to refusal-to-supply cases, whilst under EU …” „… dependence as a concept is related to both discrimination and hindrance abuse, especially to refusal to …” „… supply cases. Thus, Section 20(2) offers a normative approach to both discrimination and refusal to …”

Super-dominance v Paramount Market Position S. 327-329

„… those which indirectly prejudice them», for Microsoft’s refusal to provide interoperability information …” „… it was, however, irrelevant whether the refusal to provide interoperability information would …” „… , where a refusal to supply must eliminate all competition in the market, see joined Cases 6-7/73 …”

Technical Bundling and the Unfair Interoperability Advantage S. 336-338

„… that the refusal «limited technological development to the prejudice of consumers», whilst Microsoft’s …” „… may be in line with the German case law line where a refusal to supply or to grant access is deemed …” „… , efficiency would be presumed. The court’s refusal to accede to Deutsche Telekom’s demand to participate in …”

Dependence upon a Certain Undertaking S. 314-319

„… of content, but it may be re-considered in cases concerning commercial refusals to deal or supply …” „… , tying, or refusals to sell. Thus, in their recent practice, both the CC and the courts also examined …” „… review the CC’s decisions or a refusal to issue an answer following the complaint. Put simply, the court …”

The Methodological Approach to Efficiencies and Case Law S. 180-190

„… efficiencies.712 For example, in the situation of a refusal to deal or grant access, a dominant undertaking may …” „… consumers, or that a refusal to supply is necessary in order to allow an adequate return on investment …” „… , Microsoft, 2007 5 CMLR 11, ECR II-3601. 733 An objective justification of a refusal to licence would imply …”

Business or Demand-induced Dependence S. 321-322

„… 321 4. Leading Products or Producers Dependence This dependence situation is, indeed, a refusal to …” „… brought before the FCJ on economic dependency and the discontinuation of a refusal to supply relationship …”

Margin Squeeze in the Telecommunications Sector S. 260-268

„… products that were indispensable to carrying on its business, if the refusal was likely to eliminate all …” „… market».1076 However, this view is critical with regard to the insufficient distinction between a refusal …” „… to deal and a discontinuation of a refusal to supply or an established supply relationship, which is …”

Introduction to the Challenges and the Gaps of the Guidance Paper S. 158-162

„… efficiency-based defence and the balancing test; and some issues that apply to predation, tying, and refusal to …” „… For example, the impairment of the ability to compete, demanding less favourable payment, a refusal to …”

Leading Products or Producers Dependence S. 321

„… 321 4. Leading Products or Producers Dependence This dependence situation is, indeed, a refusal to …”

Exploitative Abuse S. 142-143

„… potential competitors from entering the market. However, refusal to allow access is not abusive if the …”

Product Line-induced Dependence S. 320-321

„… Products or Producers Dependence This dependence situation is, indeed, a refusal to supply case, where …”

Brief Overview of Sharp Practices of the German Act against Unfair Competition S. 156-158

„… efficiency-based defence and the balancing test; and some issues that apply to predation, tying, and refusal to …”

Concluding Remarks S. 220-222

„… Administrative Law no. 29/1990 (unjustified refusal by a competent public authority), especially being able to …”

(Price) Discrimination S. 284-286

„… damages for the refusal to be offered treatment equal to that offered to other commercial partners.1160In …”

The Control of Unfair Competition Acts: A Dynamic Interpretation S. 370-372

„… consumers, but it does not cover business-to-business practices such as boycotts or refusals to supply. In …”

Ambiguities: Where is a Clear Policy Standard? S. 162-165

„… organisations are forbidden to refuse to admit an undertaking if such a refusal constitutes an objectively …”

Abuse of Economic Dependency: A Gap under Article 102 S. 322-325

„… discontinuation of a refusal to supply relationship is due to Rossignol’s brand reputation, and intervention is …”

Final Concluding Remarks S. 342-346

„… capable of using a competitive advantage. Therefore, with regard to refusals to supply, where competitors …”

Conclusions and Reasons to Enact an Unfair Competition Control Regulation Union-wide S. 372-375

„… consumers, but it does not cover business-to-business practices such as boycotts or refusals to supply. In …”

Distinctive Features in the Light of the Eighth German Amendment S. 146-150

„… , broadly applied to refusal-to-supply cases, whilst under EU competition law, the application of some of …”

Joint Dominance and Oligopolies S. 127-133

„… ; the exploitative abuse is dealt with in Sections 19(4) 2nd and 3rdsentences; the refusal abuses are …”

The Analysis and Interpretation of the Recent Romanian Amendment S. 150-156

„… selling prices or any other unfair trading conditions and the refusal to deal with certain suppliers or …”

Brief Overview of Remedies, Penalties, and Judicial Review S. 222-229

„… Administrative Law no. 29/1990 (unjustified refusal by a competent public authority), especially being able to …”

The Dominant Position and the Concept of Abuse S. 82-104

„… the ARC and its decision.349The Federal Court of Justice (FCJ) deemed a refusal to supply as abusive …” „… a classical refusal to supply. This is also recognised in the US Intel case where elements of unfair …”

The Relevant Markets S. 104-112

„… separate products, namely, the PC operating systems and media streaming software, and the refusal to supply …”

The Union’s Present Unfair Competition Case Law S. 361-370

„… characteristics of unfairness under the specific directive, namely, of a «refusal to disclose interface software …”

Bibliography S. 383-395

„… .: Microsoft, Refusal to Licence Intellectual Property Rights and the Incentives Balance Test of the EU …”

doi.org/10.5771/9783845230306

Gordian N. Hasselblatt - Community Design Regulation

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Gordian N. Hasselblatt (ed.)

Community Design Regulation

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

Results in this title

e Refusal S. 666

„… 12.10.2018 11:06:51 3B2 9.1.580; Page size: 160.00mm 240.00mm Article 106e Refusal 1. The Office shall …” „… communicate to the International Bureau a notification of refusal not later than six months from the date of …” „… notification shall state the grounds on which the refusal is based. 2. The effects of an international …”

f Invalidation of the effects of an international registration S. 666-669

„… 12.10.2018 11:06:51 3B2 9.1.580; Page size: 160.00mm 240.00mm Article 106e Refusal 1. The Office shall …” „… communicate to the International Bureau a notification of refusal not later than six months from the date of …” „… notification shall state the grounds on which the refusal is based. 2. The effects of an international …”

d Effects of international registration designating the European Community S. 664-666

„… effect as an application for a registered Community design. 2. If no refusal has been notified or if any …” „… such refusal has been withdrawn, the international registration of a design designating the Community …” „… accordance with Art. 106d (2) CDR if no refusal has been issued or after the withdrawal of such refusal (Art …”

a Application of provisions S. 654-662

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 III. Registration process, subsequent refusal of protection, invalidation and renewal …” „… a representative in cases of mandatory representation before the EUIPO in cases of refusal …” „… notifications may result in the final refusal of protection (Art. 106 e (3) CDR, Art. 11 a (3) and (4) CDIR).16 …”

c Designation fees S. 662-664

„… publications by WIPO 37 The EUIPO has the legal means to issue a notification of refusal within six months from …” „… ). If no such refusal is being issued, Art. 106d (2) CDR provides that the EU designation has the same …” „… effect as an application for a registered Community design. 2. If no refusal has been notified or if any …”

Designs contrary to public policy or morality S. 163-169

„… Applications s. 4.2.1, p. 24. 5 See Musker, Community Design Law, mn. 1–092, p. 52. 6 See EUIPO’ refusal of …” „… application no 015239155 for the word mark “SUICIDEGIRLS” of 27/10/2016 or refusal of application no 015010671 …” „… Design:Cinderella Revamped EIPR 2003, 72. 8 For example GC upheld OHIM’s refusal to register a figurative sign as a …”

b Procedure for filing the international application S. 662

„… publications by WIPO 37 The EUIPO has the legal means to issue a notification of refusal within six months from …” „… ). If no such refusal is being issued, Art. 106d (2) CDR provides that the EU designation has the same …”

Competence S. 650-651

„… examination as to formal requirements, examination as to grounds for refusal of registration and invalidity …” „… for decisions in relation to registration of RCDs (Art. 48) and refusals of application of RCDs for …”

Relationship to other forms of protection under national law S. 617-642

„… 240.00mm are specific absolute grounds for refusal laid down in Art. 7 EUTMR although protection under …” „… trade mark protection. Pursuant to this specific ground for refusal, trade marks cannot be registered …” „… the three criteria contained in those provisions constitutes sufficient grounds for refusal of …”

Annex 4 GUIDELINES FOR EXAMINATION OF REGISTERED COMMUNITY DESIGNS EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE (EUIPO) S. 962-1019

„… :2012:120, § 21). Bad taste, as opposed to contrariety to morality, is not a ground for refusal. 4.3 …” „… designs are concerned (Article 11(3) CDIR). Once a date of filing has been granted, refusal of the …”

Italy S. 803-813

„… both parties have to specify the reasons for a refusal. A failure to do so or insufficient reasons for …” „… the refusal may be taken into account in the court’s final decision. 27c) Disclosure. Search and …” „… succumbing party whenever the latter has not justified sufficiently the refusal of a settlement proposal and …”

Annex 1 DIRECTIVE 98/71/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL S. 919-926

„… substantive grounds for refusal of registration in those Member States which provide for substantive …” „… ; Page size: 160.00mm 240.00mm Article 11 Invalidity or refusal of registration 1. A design shall be …” „… 7, the grounds for refusal of registration or for invalidation in force in that State prior to the …”

Definitions S. 29-61

„… compliance with the definition of a design is one of only two ‘absolute’ grounds for refusal.5 Accordingly …” „… , mn. 1. 4 See rc. 18 2nd sentence Preamble CDR. 5 The other ‘absolute’ ground for refusal is …” „… protection as a Community design. Non-compliance with the definition of a design will lead to the refusal of …”

Supplementary powers of the Management Board S. 650

„… examination as to formal requirements, examination as to grounds for refusal of registration and invalidity …”

Examiners S. 651

„… for decisions in relation to registration of RCDs (Art. 48) and refusals of application of RCDs for …”

Restitutio in integrum S. 486-493

„… confirmed the Board’s refusal to grant restitutio in integrum. 15 Citing earlier case law, the Court pointed …” „… Court annulled the Board’s decision of refusal to grant restitutio in integrum, for wrongly failing to …”

Grounds for non-registrability S. 402-403

„… does not comply with the absolute grounds for refusal of such an application. That means that the RCD …”

Supplementary powers of the President S. 649-650

„… , examination as to grounds for refusal of registration and invalidity proceedings in the Office and in the …”

The Administration of Trade Marks and Designs and Legal Division S. 651-652

„… for decisions in relation to registration of RCDs (Art. 48) and refusals of application of RCDs for …”

Index S. 1071-1092

„… . – publication of IRs 106d 3 – Refusal of international registration designating the Community 106e 1 et seqq …” „… proceedings 106 f 2 – refusal proceedings 106e/f to be deleted – Register of Design 72 5 et seq …” „… 11:27:15 3B2 9.1.580; Page size: 160.00mm 240.00mm – language 29 18 Refusal of international registration …”

a Provisions relating to the enlargement of the Community S. 684-686

„… accepted principles of morality. If these grounds for refusal appear only because of the accession, they …”

Boards of Appeal S. 652-654

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 III. Registration process, subsequent refusal of protection, invalidation and renewal …”

Implementing regulation S. 669-671

„… Regulation No 186/2007.9 Artt. 11 a, 22 a CDIR deal with the examination of grounds for refusal and renewal …”

Rules of procedure of the Boards of Appeal S. 671-673

„… appeals. Furthermore, all appeals against refusals based on absolute grounds which are ‘either manifestly …”

Interlocutory revision S. 453-455

„… refusal of a CD application. It is not permitted in cases that involve more than one party, e. g …”

Remediable deficiencies S. 399-402

„… does not comply with the absolute grounds for refusal of such an application. That means that the RCD …”

Examination as to formal requirements for filing S. 396-399

„… application. The Board overturned the refusal, because it was manifestly disproportionate, had been remedied …”

Presumption of validity – defence as to the merits S. 555-565

„… refusal pursuant to Art. 8 (1) and (2) and Art. 9.8 Art. 85 (1), first sentence does not, however, absolve …” „… character (Art. 6), no absolute grounds for refusal (Artt. 8, 9) are on hand and making available to the …”

Committee S. 673-677

„… admissibility of appeals. Furthermore, all appeals against refusals based on absolute grounds which are ‘either …”

Statement of reasons on which decisions are based S. 468-472

„… the decision.13 Thus where a right is being refused, the decision must indicate the ground for refusal …”

Croatia S. 722-730

„… existence of any of the grounds for refusal/ invalidation. 15 Art. 299 of the Civil Procedure Act 16 1 July …”

Actions before the Court of Justice S. 461-468

„… alter the decision of a refusal of registration by the Board of Appeal means that though the Court may …”

Taking of evidence S. 478-484

„… he is suspected of partiality.9 No refusal may be based on the nationality of the appointed expert …”

Latvia S. 813-821

„… should get a refusal from a respective judge to start the action. B. Enforcement of RCD rights in Latvia …”

France S. 763-770

„… monopoly’.21 Refusal to obtain protection is frequent in applied art creations.22 With regards to Community …”

Transitional provision S. 677-684

„… . It also does not create an absolute ground for refusal for these types of applications. On the …”

Measures under Enforcement Directive 2004/48/EC of 29 April 2004 S. 689-699

„… provided only without prejudice to other statutory provisions which allow the refusal of information with …”

Poland S. 857-867

„… (the latter especially is often neglected which may result in refusal to grant the injunction …”

Titelei/Inhaltsverzeichnis

„… ................. 664 Article 106e Refusal …”

Designs dictated by their technical function and designs of interconnections S. 138-163

„… Absolute Ground for Refusal, IIC 2012, 35– 60; Jens Schovsbo, As If Made for Each Other – Intellectual …” „… Absolute Ground for Refusal, IIC 2012, 50 et seq. 78 Cf. Opinion of Advocate General Saugmandsgaard, ibidem …”

Grounds for invalidity S. 265-280

„… with the requirements for protection, i. e. it apart from formal requirements the grounds for refusal …”

Annex 5 GUIDELINES FOR EXAMINATION OF REGISTERED COMMUNITY DESIGNS EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE (EUIPO) REGISTERED COMMUNITY DESIGNS S. 1019-1053

doi.org/10.5771/9783845296111

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Gordian N. Hasselblatt (ed.)

Community Design Regulation

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2015

Results in this title

e Refusal S. 626

„… convenient search options can be found.2 Article 106e Refusal 1. The Office shall communicate to the …” „… International Bureau a notification of refusal not later than six months from the date of publication of the …” „… state the grounds on which the refusal is based. 2. The effects of an international registration in the …”

f Invalidation of the effects of an international registration S. 626-630

„… convenient search options can be found.2 Article 106e Refusal 1. The Office shall communicate to the …” „… International Bureau a notification of refusal not later than six months from the date of publication of the …” „… state the grounds on which the refusal is based. 2. The effects of an international registration in the …”

d Effects of international registration designating the European Community S. 625-626

„… refusal has been notified or if any such refusal has been withdrawn, the international registration of a …” „… accordance with Art. 106 d (2) CDR if no refusal has been issued or after the withdrawal of such refusal (Art …” „… . 14 (2) Geneva Act). The time limit for such refusal is six months (Art. 12 (2) Geneva Act, R. 18 (1 …”

a Application of provisions S. 615-623

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 III. Registration process, subsequent refusal of protection, invalidation and renewal …” „… cases of refusal notifications may result in the final refusal of protection (Art. 106 e (3) CDR, Art …” „… Act).21 III. Registration process, subsequent refusal of protection, invalidation and renewal 28 The …”

c Designation fees S. 623-625

„… Community design. 2. If no refusal has been notified or if any such refusal has been withdrawn, the …” „… accordance with Art. 106 d (2) CDR if no refusal has been issued or after the withdrawal of such refusal (Art …” „… . 14 (2) Geneva Act). The time limit for such refusal is six months (Art. 12 (2) Geneva Act, R. 18 (1 …”

Annex 4 GUIDELINES FOR EXAMINATION IN THE OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET (TRADE MARKS AND DESIGNS) ON REGISTERED COMMUNITY DESIGNS S. 912-964

„… protection 12.2.2.7. Refusal 12.3. Effects of International registrations 13. Enlargement and the Registered …” „… examination of the substantive protection requirements which is limited to two absolute grounds for refusal …” „… taste, as opposed to contrariety to morality, is not a ground for refusal. 4.3. Objection Where an …”

Relationship to other forms of protection under national law S. 577-602

„… absolute grounds for refusal laid down in Art. 7 CTMR although protection under the CDR and the respective …” „… trade mark protection. Pursuant to this specific ground for refusal, trade marks cannot be registered …” „… refusal of protection, namely a shape which results from the nature of the good, a shape necessary to …”

Supplementary powers of the President S. 609-610

„… of the guidelines for examination as to formal requirements, examination as to grounds for refusal of …” „… adoption of the guidelines for examination as to formal requirements, examination as to grounds for refusal …”

Supplementary powers of the Administrative Board S. 610-611

„… grounds for refusal of registration and invalidity proceedings in the Office and in the other cases …” „… , examination as to grounds for refusal of registration and invalidity proceedings in OHIM and in the other …”

Italy S. 757-766

„… obliged to suggest a solution and both parties have to specify the reasons for a refusal. A failure to do …” „… so or insufficient reasons for the refusal may be taken into account in the court’s final decision …” „… whenever the latter has not justified sufficiently the refusal of a settlement proposal and whenever the …”

Definitions S. 49-80

„… a design is one of only two ‘absolute’ grounds for refusal.5 Accordingly, an application for an RCD …” „… , Gemeinschaftsgeschmacksmuster, Art. 3, mn. 1. 4 S. rc. 18 2nd sentence Preamble CDR. 5 The other ‘absolute’ ground for refusal …” „… definition of a design will lead to the refusal of an application for an RCD and gives rise to a declaration …”

Annex 1 Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs (Design Harmonisation Directive) S. 866-873

„… part; (21) Whereas the substantive grounds for refusal of registration in those Member States which …” „… refusal of registration 1. A design shall be refused registration, or, if the design has been registered …” „… derogation from paragraphs 1 to 7, the grounds for refusal of registration or for invalidation in force in …”

Index S. 1022-1041

„… ground for refusal 111 10 – design contrary to public policy or morality 9 15 et seq. – language 9 8 …” „… refusal 111 10 – language 9 8 – grounds for non-registrability 47 1 – design contrary to public policy or …” „… Invalidation proceedings – procedure 106b – publication of IRs 106d 3 – Refusal of international registration …”

Restitutio in integrum S. 454-461

„… refusal to grant restitutio in integrum. 15Citing earlier case law, the Court pointed out that the party …” „… light of all relevant circumstances, the Court annulled the Board’s decision of refusal to grant …”

Grounds for non-registrability S. 375-376

„… does not comply with the absolute grounds for refusal of such an application. That means that the RCD …”

Examiners S. 611-612

„… relation to registration of RCDs (Art. 48) and refusals of application of RCDs for reasons of …”

The Administration of Trade Marks and Designs and Legal Division S. 612-613

„… for decisions in relation to registration of RCDs (Art. 48) and refusals of application of RCDs for …”

Boards of Appeal S. 613-615

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 III. Registration process, subsequent refusal of protection, invalidation and renewal …”

Implementing regulation S. 630-632

„… Regulation No 186/2007.9 Artt. 11 a, 22 a CDIR deal with the examination of grounds for refusal and renewal …”

Interlocutory revision S. 424-426

„… revision is only available in proceedings that involve just one party, such as the refusal of a CD …”

a Provisions relating to the enlargement of the Community S. 641-643

„… are contrary to public policy or to accepted principles of morality. If these grounds for refusal …”

Presumption of validity – defence as to the merits S. 520-529

„… refusal pursuant to Art. 8 (1) and (2) and Art. 9.5 Art. 85 (1), first sentence does not, however, 1 …” „… character (Art. 6), no absolute grounds for refusal (Artt. 8, 9) are on hand and making available to the …”

Annex 2 COMMISSION REGULATION (EC) No 2245/2002 (Implementing Regulation) S. 873-906

„… those designs are concerned. Article 11a Examination of grounds for refusal2 1. Where, pursuant to …” „… notification of refusal not later than six months from the date of publication of the international …” „… registration, specifying the grounds for refusal pursuant to Article 12(2) of the Geneva Act of the Hague …”

Remediable deficiencies S. 372-375

„… does not comply with the absolute grounds for refusal of such an application. That means that the RCD …”

Transitional provision S. 638-641

„… component part of a complex product. This provision does not create an absolute ground for refusal for these …”

Time limit and form of appeal S. 420-424

„… revision is only available in proceedings that involve just one party, such as the refusal of a CD …”

Taking of evidence S. 447-452

„… involved in the dispute or because he is suspected of partiality8. No refusal may be based on the …”

Croatia S. 678-686

„… CDR in Croatia, and he/she has to prove the existence of any of the grounds for refusal/ invalidation …”

Designs contrary to public policy or morality S. 169-174

„… level6. By way of a mutatis mutandis example, a recent GC judgement upholds OHIM’s refusal to register a …”

Actions before the Court of Justice S. 431-438

„… Court and the grounds on which they are based.18 Thus, e. g. to alter the decision of a refusal of …”

Latvia S. 766-774

„… court should get a refusal from a respective judge to start the action. B. Enforcement of RCD rights in …”

Poland S. 806-815

„… which may result in refusal to grant the injunction). Therefore, it is vital to show that the claims are …”

Designs dictated by their technical function and designs of interconnections S. 148-169

„… ed. London 2005; Natalie Schober, The Function of a Shape as an Absolute Ground for Refusal, IIC 2012 …” „… for Refusal, IIC 2012, 50 et seq. Community Design RegulationCDR Art. 8 140 Lavinia Brancusi Reemers …”

Measures under Enforcement Directive 2004/48/EC of 29 April 2004 S. 646-656

„… refusal of information with which the person named in Art. 8 (1) was forced to admit to its participation …”

Titelei/Inhaltsverzeichnis S. 1-23

„… ................. 602 Article 106e Refusal …”

Grounds for invalidity S. 244-259

„… formal requirements the grounds for refusal specified in Art. 47 (1) must not be fulfilled. Second, it is …”

doi.org/10.5771/9783845259215

Christopher Reynolds - Understanding the Emergence of the European Security and Defence Policy

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Christopher Reynolds

Understanding the Emergence of the European Security and Defence Policy

2010

Results in this title

NATO First Refusal? S. 219-221

„… 219 2.6 NATO First Refusal? "Militarily, the EU and NATO faced each other in a very vertical …” „… question here has been whether NATO would have any so-called "right of first refusal" over engagement in …” „… regarding its own engagement and thus what amounted to a right of first refusal. On his return from the Nice …”

Attempts at Reconciliation S. 218-219

„… Refusal? "Militarily, the EU and NATO faced each other in a very vertical relationship. In terms of space …” „… whether NATO would have any so-called "right of first refusal" over engagement in crisis management …” „… and thus what amounted to a right of first refusal. On his return from the Nice Summit in December …”

Types of Interaction / Impact S. 209-210

„… debate on the "right of first refusal" between the EU and NATO. This would be possible in a legalised and …”

Reconciling Institutional Overlap S. 210-211

„… states sought to achieve through a debate on the "right of first refusal" between the EU and NATO. This …”

Titelei/Inhaltsverzeichnis S. 2-10

„… Refusal? 219 2.7 Division of Labour 221 3. Moving Towards Coordination 223 3.1 Berlin Plus 224 3.2 …”

The Problems with Berlin Plus S. 229-234

„… 's refusal to allow France a greater say in NATO decision-making (Cogan 1997, 125). This went so far as to …”

The Fouchet Plans: 1960s S. 120-126

„… Gaulle's apparent intransigence on this point, as illustrated by his refusal to adopt such wording in the …”

doi.org/10.5771/9783845225333

Niteleka Jacob Nichaenzi Jaconiah - The Effects of Trademark Rights on the East African Common Market

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Niteleka Jacob Nichaenzi Jaconiah

The Effects of Trademark Rights on the East African Common Market

Series: Munich Intellectual Property Law Center - MIPLC Studies

Volume 16 2012

Results in this title

Relative grounds for refusal S. 111-112

„… . Relative grounds for refusal Six types of relative grounds for refusal to register a CTM may be identified …” „… grounds for trade mark refusal may be invoked by third parties to oppose registration of a CTM …” „… registration. 389 Since the relative grounds for trademark refusal define the scope of a trademark monopoly …”

Grounds for trade mark refusal S. 27-35

„… 27 II. Grounds for trade mark refusal 1. Absolute Grounds A detailed discourse on absolute …” „… grounds for trademark refusal is covered in chapter 4 infra, in the context of the EU Community Trade …” „… may constitute relative grounds for trade mark refusal. Thus, a proprietor of earlier unregistered …”

EC as a designated territory S. 167-170

„… , are mentioned in the CTMR as relative grounds for CTM refusal 633 and as a basis for opposition 634 …” „… substantive requirements for trademark refusal. 642 As far as an examination as to absolute grounds for …” „… refusal to which an international registration is subjected are concerned, OHIM may, depending on the …”

Trade mark conversion S. 182-185

„… , be based upon as a relative ground for a CTM refusal. 690 This is the result of the territoriality …” „… convert it into national applications for trademark registration. c) Refusal of registration A …” „… See, respectively, Articles 47, 50 and 55 of the CTMR. 696 See the grounds for trademark refusal …”

Table of contents S. 7-14

„… 25 2. Kenyan and Ugandan laws 25 II. Grounds for trade mark refusal 27 1. Absolute Grounds …” „… . Colours 88 D. Grounds for Trade Mark Refusal 90 I. Absolute Grounds 90 1. Requirements of Article …” „… distinctiveness and public policy 108 II. Relative grounds for refusal 111 E. CTM infringement 112 I …”

Opposition against CTM registration S. 152-160

„… grounds for trademark refusal. II. Opposition against CTM registration Where, in the opinion of OHIM, a …” „… based on relative grounds for trademark refusal mentioned under Article 8 of the CTMR. While third …” „… grounds for refusal of registration, relative grounds for refusal of registration and conditions with …”

Introductory remarks S. 79-80

„… based on absolute grounds for trademark refusal. The substantive part addresses also some relative …” „… grounds for trademark refusal as well as the CTM infringement and the limitations posed against the CTM …” „… the examination division, are responsible for examining absolute grounds for trademark refusal, 236 …”

Absolute Grounds S. 90-111

„… the colours concerned in a predetermined and uniform way. 292 D. Grounds for Trade Mark Refusal To …” „… qualify for registration, a CTM must be subjected to absolute and relative grounds for trademark refusal …” „… requirements as absolute grounds for CTM refusal. Thus, the formal and 292 Case C-49/02, Heidelberger …”

Invalidity S. 162-166

„… for refusal to register a trade sign as a CTM. II. Invalidity The rights of a CTM proprietor are …” „… of the CTMR. 615 Thus, where the absolute grounds for trademark refusal skipped the mind of OHIM …” „… absolute grounds for trademark refusal under Article 7 of the CTMR into absolute grounds for invalidity …”

Automatic extension of Community trade marks S. 185-187

„… the CTMR stipulates. 1. Absolute grounds for trademark refusal Accession of new Member States to the …” „… refusal, which becomes relevant upon accession of this new Member State. 703 This does not …” „… refusal existed before enlargement”. 704 Thus, depending on the meaning that the word mark conveys to …”

CTM application S. 146-152

„… trademark refusal. II. Opposition against CTM registration Where, in the opinion of OHIM, a particular …” „… grounds for trademark refusal mentioned under Article 8 of the CTMR. While third parties are not entitled …” „… , 25 and 26 of the CTMR; namely, subject matter of the CTM registration, absolute grounds for refusal …”

Concluding remarks S. 43-44

„… connection with the absolute grounds for trade mark refusal, the concept of distinctiveness under the Kenyan …” „… the relative grounds for trade mark refusal, unregistered rights may be invoked to oppose …”

Trade mark opposition and cancellation procedure S. 35-36

„… refusal. However, the Tanzanian law 57 , provides as a relative ground for refusing an application for …” „… particular national trade mark by citing some absolute and/or relative grounds for trade mark refusal. 60 …”

International trade mark registration S. 42-43

„… connection with the absolute grounds for trade mark refusal, the concept of distinctiveness under the Kenyan …” „… the relative grounds for trade mark refusal, unregistered rights may be invoked to oppose …”

Effects of CTM revocation and invalidity S. 166-167

„… section D of this chapter, for a discussion on relative grounds for refusal to register a sign as a CTM …” „… the EU, are mentioned in the CTMR as relative grounds for CTM refusal 633 and as a basis for …”

Formal and substantive requirements vis-à-vis non-traditional marks S. 84-90

„… colours concerned in a predetermined and uniform way. 292 D. Grounds for Trade Mark Refusal To qualify …” „… for registration, a CTM must be subjected to absolute and relative grounds for trademark refusal …” „… requirements as absolute grounds for CTM refusal. Thus, the formal and 292 Case C-49/02, Heidelberger …”

Subject matter of trade-mark protection S. 24-27

„… . Grounds for trade mark refusal 1. Absolute Grounds A detailed discourse on absolute grounds for …” „… trademark refusal is covered in chapter 4 infra, in the context of the EU Community Trade mark law. The aim …”

Scope of CTM protection S. 112-118

„… confusion serves as a relative ground for trademark refusal, it is also a condition for finding trademark …” „… relative ground for a CTM refusal, during trade mark examination or opposition proceedings. 414 Indeed …”

Office responsible for CTM system S. 80-81

„… division, are responsible for examining absolute grounds for trademark refusal, 236 whereas the …”

The principle of unitary character S. 240-241

„… 899 In relation to grounds for trade mark refusal, cf. section D of chapter 4 supra. 900 Under …”

The principle of Coexistence of trade mark rights S. 241-242

„… relation to grounds for trade mark refusal, cf. section D of chapter 4 supra. 900 Under certain …”

Interaction between trade mark coexistence and unitary principles S. 242-243

„… already registered in Uganda. This refusal, which is basically actuated by the principle of unitary …”

CTM registration or application as a basis for international registration S. 170-172

„… contained in the notice of provisional refusal; otherwise OHIM enters a final decision refusing the grant …”

Revocation S. 160-162

„… latter serve as an absolute ground for refusal to register a trade sign as a CTM. II. Invalidity The …”

Likelihood of confusion S. 118-131

„… trademark refusal, it is also a condition for finding trademark infringement under Article 9(1) (b) of the …” „… proceedings does not differ from the way OHIM interprets the phrase, as a relative ground for a CTM refusal …”

Seniority S. 176-182

„… very junior to NMT1. NTM2 can, thus, be based upon as a relative ground for a CTM refusal. 690 This …”

Modifications to the principle of unitary character S. 243-249

„… on the ground that a PUNCHO national trade mark is already registered in Uganda. This refusal, which …”

doi.org/10.5771/9783845242156

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