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Marco Stief - Supplementary Protection Certificates (SPC)

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Marco Stief (ed.)

Supplementary Protection Certificates (SPC)

Series: Beck International

Volume 2021

Results in this title

A. Purpose, History and Legal Character of the Certificate S. 4-12

„… , GRUR-Prax 2011, 555ContentsA. Purpose, History and Legal Character of the Certificate …” „… addressed in Part II.* For details see sub-chapter K.I.3.3A. Purpose, History and Legal Character of the …” „… reference drug can be relied upon for the purposes of obtaining a marketingauthorisation for the generic …”

B. Selected Legal Sources S. 253-354

„… purposes set out in this Article.7. Union action shall respect the responsibilities of the Member States …” „… the certificate should be such as toprovide adequate effective protection. For this purpose, the …” „… complexand sensitive as the pharmaceutical sector should nevertheless be taken into account.For this purpose …”

K. Recent Developments S. 69-96

„… foreign market, an MA is required. The productionwas purpose-bound to market those products and therefore …” „… interpretation, the purpose-binding not only affects the export itselfbut also the manufacturing process. If it …” „… of the EPC160) and new (second and further) medical uses being protectedwith a purpose-limited …”

M. The SPC in the United Kingdom S. 111-136

„… certain purposes, including medicines and medical device regula-tion, as if it were still part of the …” „… should be used for the purposes of determining the “first authorisation”(and therefore the term of the …” „… “first authorisa-tion” in the UK for the purpose of calculating the UK-SPC term is simply the earlier …”

A. Selected Decisions of the European and National Case Law S. 185-252

„… combination. For that purpose,from the point of view of a person skilled in the art and on the basis of the …” „… , each of those patents may bedesignated for the purpose of the procedure for the grant of a certificate …” „… first marketing authorization in the Communitytherefore serves a purely temporal purpose.(25) By …”

Q. The SPC in Switzerland S. 165-184

„… experimental purposes,the same rules apply, in principle, to SPCs.94IV. Term of Protection1. General66The SPC …” „… purpose should beinterpreted in conformity with European law, subject to Swiss methodology.2213 According …” „… is only mentioned in the purpose of a patent claim (“disposable syringe foradministration of the …”

F. Specific Practical Problems S. 42-56

„… purposes ofsupplementary protection; in particular because a new authorisation process must beundertaken …” „… first authorisation within the Community for the purposes of Art. 13RegSPC.28 In Neurim, the previously …” „… authorisationcannot be considered to be the first marketing authorisation, for the purpose of thatprovision, where it …”

C. Calculation of Term S. 32-37

„… C. Calculation of TermI. General84 The purpose of the RegSPC is to provide an effective …” „… alldrug products, patented or unpatented. It must thus remain unconsidered for purposes1 Recitals 9 and 10 …” „… if itis related to the basic patent and it is not the purpose of the SPC to remedy generalproblems of …”

B. Substantive Granting Prerequisites S. 13-31

„… anapplication, Art. 15 para. 2 RegSPC.40As the purpose of the SPC is to extend the effective duration of the …” „… theory (disclosure test) over the infringement test forthe purposes of Art. 3(a) RegSPC, it remained …” „… patent, the CJEU held that the claimsshall be interpreted, for this purpose, inter alia in the light of …”

G. Grant Procedure S. 57-64

„… sentence 1 RegSPC allows the MemberStates discretion to determine another authority for this purpose.168 …” „… future referral, in any event “grant”should be interpreted uniformly for the purposes of Art. 7 para. 1 …” „… provide evidence about the aforemen-tioned prerequisites, Art. 8 paras. 2 and 3 RegSPC. For this purpose …”

N. The SPC in France S. 137-146

„… indeedconstitute a limitation, such that in future, it should be possible to make suchamendments for the purpose of …” „… product developed by a third party,otherwise the purpose of the Regulation would be undermined (point 43 …” „… market, use, importa-tion, exportation, transshipment, or the holding for seas purposes the product …”

D. Subject Matter S. 38

„… protection, however,the patent claims of the basic patent must be read with the purpose of determining …”

L. The SPC in Germany S. 97-110

„… thepossession of the product for the aforementioned purposes as an infringement of thebasic patent. The CJEU …” „… Düsseldorfheld in Hydroxysubstituierte Azetidinone that (for the purposes of Art. 3(a) RegSPC) itwas only …” „… – is relevant forthe purpose of Art. 13 para. 1 RegSPC.56 However, the CJEU has clarified that the …”

O. The SPC in Italy S. 147-155

„… purpose of export to non-EU countries; themaking of a product, no earlier than six months before the …” „… thecorresponding SPC and any related act that is strictly necessary to the above purposes.23 The Code of Industrial …”

E. Scope of Protection S. 39-41

„… patent, it accordingly corresponds to the purpose of the respective compulsorylicense that it continues …”

H. Expiry, Invalidity and Revocation S. 65-67

„… authorisation lapses. It is the purpose ofthe provision that the supplementary protection is no longer justified …”

Titelei/Inhaltsverzeichnis

„… ................................................................................................ .................................................. XIIIPart IGenerals of the Supplementary Protection Certificate in the European LawA. Purpose, History and …”

P. The SPC in The Netherlands S. 156-164

„… purpose of this Regulation and theprinciple of Loyalty in EU Law (Article 4(3) TEU).19Regarding the …”

doi.org/10.17104/9783406779275

Maria Cristina Caldarola, Joachim Schrey - Big Data and Law

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Maria Cristina Caldarola, Joachim Schrey

Big Data and Law

Series: Beck International

Volume 2021

Results in this title

F. Data processing and data cycle (level of data purpose) S. 71-78

„… F. DATA PROCESSING AND DATA CYCLE (LEVEL OF DATA PURPOSE) I. Data processing 222With the …” „… collected and processed for other purposes (e.g. the performance of a contract) (cf. mn. 234 et seq.). 223 …” „… .: • measuring • coun ng • weigh ng e.g.: • analyzing • licensing • selling Process Use Collec on Purpose Data …”

O. Big Data Applications as a service S. 169-174

„… , if applicable – to external storage space for various purposes/business models. These rights and …” „… guarantee the legal requirements. If the purpose of such a cloud provider is merely to offer storage …” „… obligations are not identical to those of the cloud provider, as the respective purposes, lawful grounds …”

I. Erasure obligations S. 117-134

„… Fulfilment of purpose Figure 58: Example: Fulfilment of purpose – Legally, there are retention obligations …” „… , the articles of association or purpose for the mandatory retention of documents and/or data. The …” „… expiry of such period, the respective documents and/or data may be erased with regard to the purpose …”

J. Relevant rights of data subjects in Big Data applications according to the GDPR S. 135-146

„… (Art. 13 (1) (b), 14 (1) (b) GDPR) The purposes of the collection, processing or use (§ 4 (3) sentence …” „… 1 No. 2). Purposes for which the personal data are processed and the legal basis for the processing …” „… ) GDPR) Information about: – Type, scope and purpose of the collection and use of personal data as well …”

Titelei/Inhaltsverzeichnis

„… requirements and/or are used for different analytical purposes. In this guide, we offer practical and …” „… , right holders, applicable law, lawful ground/legal requirements, purposes – and relevant areas of legal …” „… ................................................................................................ ...................................... 63 d) Indication of the purpose of the collection and processing …”

H. Development of a Big Data application S. 83-116

„… . mn. 180 et seq.), as well as – whether the data originally collected for operational purposes may …” „… also be processed for the purposes of the specifically intended evaluation/analysis in the Big Data …” „… application after the addition of further categories of data, as appropriate. (level of data purpose, cf. mn …”

E. Lawful ground for data processing (collection, acquisition, transmission, evaluation and commercialization) S. 53-70

„… then to be collected in the Big Data application for the purposes of the application: 181In the case of …” „… . 6 (1) (e) GDPR); and – the processing is necessary for the purposes of the legitimate interests …” „… data of an employee may be collected for the employment-related purposes and may later also be …”

C. The controller S. 37-48

„… the purposes and means of the processing of personal data. The definition of the term in § 3 (7) BDSG …” „… Big Data application shall also decide accordingly on the purposes and means of processing personal …” „… in so doing decides on the purposes and means of processing personal data. 124For the sake of …”

A. Introductory remarks S. 1-14

„… different sources1 which are stored, processed and analysed with special solutions for purposes of (inter …” „… -) dependency analysis, environmental and trend research, and for system and production control purposes. As in …” „… behaviour of subjects in the EU 19 The GDPR further applies to data processing for the purpose of monitoring …”

B. Types of data S. 15-36

„… or more purposes specified in the consent;23 – processing is necessary to enable the controller or …” „… and to fulfil his obligations thereunder24 – processing is necessary for the purpose of establishing …” „… . This traffic data may only be used insofar as is necessary for the purposes listed in §§ 91–107 TKG or …”

N. Legal consequences of non-compliance with the legal requirements set out in this guide S. 159-168

„… purpose of the processing concerned, the number of data subjects affected by the processing and the level …” „… during the term of the employment relationship without authorization to someone for the purpose of …” „… ) GeschGehG). 544Similarly, pursuant to § 23 (2) GeschGehG, a person may be punished who, for the purposes of …”

D. Specific requirements and tasks of the data protection officer with regard to Big Data applications S. 49-52

„… guideline) for this purpose. At the same time, relevant plans for the analysis – including preliminary steps …” „… be named externally as the contact person for this purpose); in this respect, the responsibility of …” „… training is carried out in the above sense and whether the employees identified for this purpose have also …”

M. Protection of Big Data applications S. 155-158

„… purposes. It must therefore be ensured at all times that it is clear which data enjoy which protection and …” „… are extracted and transferred to a database for the purposes of a Big Data application.143 143 Cf …” „… essential part of a technical process, – the sole purpose of which is to enable a transfer in a network …”

G. Third country transfer/Applicable law (Level of applicable law) S. 79-82

„… (Art. 44 sentence 2 GDPR). The GDPR provides the following possibilities to ensure this purpose is …” „… exist for the acceptance thereof (generally for this purpose cf. mn. 197 et seq.). In particular, the …”

P. Recommended Actions S. 175-176

„… remove data whose purpose has been fulfilled and which is thus no longer needed. 6. Select and implement …”

Index of keywords S. 177-178

„… trade secret 49, 105 C Change of purpose 230 – dynamic 234 Collective works 81, 527 Compliance …”

K. Data protection impact assessment S. 147-148

„… “likely to result in a high risk for the purposes of Regulation 2016/679” of 4 April 2017 (hereinafter WP …”

L. System data protection when operating Big Data applications S. 149-154

„… the art, – the implementation costs, – the nature, extent, circumstances and purposes of the …”

doi.org/10.17104/9783406779367

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Andreas Baetzgen (ed.)

Brand Planning

2024

Results in this title

Die Relevanz von Vision, Mission und Purpose in Zeiten des Wandels S. 57-70

doi.org/10.34156/9783791059198

Gordian N. Hasselblatt - European Union Trade Mark Regulation

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Gordian N. Hasselblatt (ed.)

European Union Trade Mark Regulation

Series: Beck International

Volume 2020

Results in this title

SECTION 2. Application of national laws for the purpose of prohibiting the use of EU trade marks S. 1154-1163

„… decided. SECTION 2 Application of national laws for the purpose of prohibiting the use of EU trade marks …” „… for the purpose of prohibiting the use of an EU trade mark to the extent that the use of a national …” „… would be considered to be genuine use under the laws of that Member State; (b) for the purpose of …”

Article 210. Evaluation and review S. 1406-1408

„… , mandate and tasks. Content I. Purpose/objective …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 I. Purpose/objective 1This Article creates a mechanism for evaluation and review of the …” „… October 2017. Content I. Purpose/objective …”

Article 211. Repeal S. 1408

„… October 2017. Content I. Purpose/objective …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 I. Purpose/objective 1 The purpose of this Article is to determine the entry into force of the …”

Article 207. Committee Procedure S. 1395-1396

„… . Purpose/objective …” „… ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 I. Purpose/objective 1The purpose of this Article is to determine the procedures to be followed …”

Article 209. Provisions relating to the enlargement of the Union S. 1399-1406

„… Intellectual Property Law: Text, Cases and Material, 2013. Content I. Purpose/objective …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 4. Genuine use of the opponents trade mark following Art. 209 (3) 37 I. Purpose/objective 1 The …” „… purpose of this Article is to determine the effects of an enlargement of the European Union on the …”

Article 212. Entry into force S. 1408-1411

„… October 2017. Content I. Purpose/objective …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 I. Purpose/objective 1 The purpose of this Article is to determine the entry into force of the …”

SECTION 1. General provisions S. 919-1017

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I. General purpose …” „… , 2017. This does however not imply any material changes. I. General purpose 2 Under Art. 94 (1 …” „… ), decisions are required to state the reasons on which they are based. That duty has two purposes: to allow …”

Article 208. Exercise of the delegation S. 1396-1399

„… . Content I. Purpose/objective …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 I. Purpose/objective 1The objective of this Article is to condition the power to adopt delegated …”

SECTION 3. International registrations designating the Union S. 1350-1395

„… an EU trade mark. 3. For the purposes of applying Article 11 of this Regulation, publication of the …” „… national registration for the sole purpose of preserving his earlier priority date in that respective …” „… international registration for informational purposes only. The search reports are not based on a full-blown …”

Croatia S. 1445-1453

„… infringement of a trade mark has been committed on a commercial scale for the purpose of acquiring commercial …” „… , the court may, for the sake of purposefulness, first render a judgment solely on the grounds for the …”

SECTION 2. Tasks of the office and cooperation to promote convergence S. 1232-1237

„… conferred on it in paragraph 1. 3. The Office may provide voluntary mediation services for the purpose of …” „… mediation services for the purpose of assisting parties in reaching a friendly settlement. For this purpose …” „… portals for Union-wide consultation, search and classification purposes; (c) the continuous provision and …”

Malta S. 1564-1570

„… . Introduction 1 The purpose of this chapter is to provide the reader with a succinct overview of IP litigation …” „… the purposes of attacking a later Malta trademark registration by way of an invalidation/cancellation …” „… action or a revocation action; (b) enforcement of a EUTM for the purposes of estopping use of a later …”

Annex 1. DIRECTIVE (EU) 2015/2436 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2015 to approximate the laws of the Member States relating to trade marks (Recast) S. 1631-1653

„… evaluation for the purpose of this Directive has revealed that, in spite of the previous partial …” „… through registration pursuant to Regulation (EC) No 207/2009. (9) For the purpose of making trade mark …” „… purposes of distinguishing goods or services. Use of the sign for purposes other than for distinguishing …”

SECTION 4. Representation S. 1067-1079

„… ) and must, for all practical purposes, be represented either by a professional (see Art. 120 below), or …” „… States for political and legal purposes, but situated outside of Europe. This would include Azores and …” „… company. For practical purposes, the Office will not usually enquire deeply into the relationship between …”

SECTION 6. Budget and financial control S. 1289-1315

„… . For the purpose of substantiating the costs referred to in paragraph 4, Member States shall submit to …” „… . To this purpose the Office shall establish a reserve fund (Art. 172(10) EUTMR) having sufficient …” „… statement of expenditure must be set out on the basis of a nomenclature with a classification by purpose …”

SECTION 5. Withdrawal, restriction, amendment and division of the application S. 723-735

„… (357) 537 (last visited 4 February 2014). Content I. Purpose and scope …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 I. Purpose and scope 1Art. 49 applies exclusively to applications. 2The purpose of Art. 49 is to …” „… which has effect on the list of goods or services and amendments for the purpose of correction of …”

SECTION 3. Use of an EU trade mark S. 465-494

„… trade mark to goods or to the packaging thereof in the Union solely for export purposes. 2. Use of the …” „… of their launch. The European jurisprudence has regularly highlighted that ‘the purpose of that …” „… solely for export purposes qualifies as genuine use. Finally the provision clarifies that use with the …”

Annex 2. COMMISSION DELEGATED REGULATION (EU) 2018/625 of 5 March 2018 S. 1653-1684

„… the purpose of either substantiating an opposition or proving genuine use of the earlier mark in the …” „… in proceedings before the Office, which may be completed online. (17) For the purposes of greater …” „… by the Office to the other party for purposes of informing of the introduction of an opposition …”

SECTION 2. Effects of an EU trade mark S. 325-465

„… purposes under the sign, or offering or supplying services thereunder; (c) importing or exporting the goods …” „… ) No relevance of Nice Classification for the purpose of comparison …” „… preservation of infringement claims for the purpose of protection of trade mark functions other than the origin …”

SECTION 4. Observations by third parties and opposition S. 688-723

„… oppositions are concluded.17 13The Office will, for information purposes only, communicate any observations …” „… the purposes of information.36 34 The adversarial part of the opposition proceedings will not commence …” „… which it is registered it shall, for the purposes of the examination of the opposition, be deemed to be …”

Article 53. Renewal S. 739-747

„… necessary indications to establish the purpose of the payment. 5. Where the request is submitted or the fees …” „… period of 12 months following the expiry of the registration, for the purpose of determining the …” „… registration will not be taken into account for the purposes of determining the registrability of a later filed …”

SECTION 5. Implementation of procedures S. 1254-1289

„… any official or unit appointed by the Executive Director for that purpose. Content I. General remarks …” „… . Moreover, a unit could also be specifically created with the purpose of taking a decision entrusted by the …” „… mediation fails, the proceedings will simply be resumed. 26 The immediate purpose of the mediation process …”

Annex 3. COMMISSION DELEGATED REGULATION (EU) 2018/625 of 5 March 2018 S. 1684-1701

„… publication purposes. (10) For the same reasons, it should also be permissible for the Office to issue …” „… EU certification marks submitted pursuant to Regulation (EU) 2017/1001, with the purpose of enabling …” „… documents that are relevant to the proceedings. For the same purpose, the Office should be authorised to …”

Spain S. 1609-1616

„… . injunctions), but for that purpose the petitioner must show that there are urgency reasons that justify such …” „… often interpreted similarly as the reputation damage mentioned above. 25 For purposes of calculating the …” „… can request the defendant to provide the accounting documents relevant for that purpose (e. g …”

Article 2. Office S. 41-45

„… voluntary mediation services for the purposes of assisting parties in reaching a friendly settlement16. 10 …” „… purpose of: – application for a EUTM; – filing a notice of opposition; – filing a request for invalidity …” „… ). Article 3 Capacity to act For the purpose of implementing this Regulation, companies or firms and other …”

SECTION 1. Filing of applications and the conditions which govern them S. 583-626

„… enlargement of only a portion of the object for the purpose of showing more details) may be admissible as long …” „… International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957 …” „… . For the purposes of paragraph 2, the general indications included in the class headings of the Nice …”

Annex 4. DIRECTIVE 2004/48/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL S. 1701-1711

„… internal purposes, the provisions of this Directive to include acts involving unfair competition, including …” „… of intellectual property rights. For the purposes of this Directive, the term “intellectual property …” „… – Presumption of authorship or ownership For the purposes of applying the measures, procedures and remedies …”

United Kingdom S. 1622-1631

„… that the old law was too generous to would-be defendants. As previously, the purpose of the law is to …” „… for a permitted purpose; and (iii) all of the information that relates to the threat is information …” „… contain an exhaustive list of permitted purposes, but provides some examples such as giving notice that a …”

Article 1. EU trade mark S. 1-41

„… purposes, trade marks enabling the products and services of undertakings to be distinguished 1 Position of …” „… the purpose of pursuing the Union’s said objectives it would appear necessary to provide for Union …” „… of the sign as a trade name or similar designation as long as the use is made for the purposes of …”

Article 72. Actions before the Court of Justice S. 818-858

„… devoid of purpose following the re-opening of the first-instance procedure. VII. Suspensive effect of …” „… Community, national or international case-law for the purposes of construing Union law at any point of the …” „… , however, submitted for other purposes than supporting a claim that the Board of Appeal breached a rule of …”

SECTION 2. Search S. 681-686

„… the one-month period had in practice lost (or even never really properly served) its purpose of …” „… in opposition or cancellation proceedings before the Office. The purpose of a notification is merely …” „… have been fulfilled, the application shall be published for the purposes of Article 46 to the extent …”

Article 3. Capacity to act S. 45-54

„… ). Article 3 Capacity to act For the purpose of implementing this Regulation, companies or firms and other …” „… sole purpose of Art. 3 is, under certain requirements to be assessed in accordance with relevant …” „… follows: ‘Persons who have entered into partnership with one another for the purposes of this Act called …”

SECTION 1. Definition of an EU trade mark and obtaining an EU trade mark S. 54-325

„… sign the primary purpose of which is to distinguish the goods or services of one undertaking from those …” „… purpose of the sign must be to distinguish the goods or services of one undertaking from those of another …” „… . 8If the purpose of a trade mark is to communicate to the consumer a commercial origin, such process …”

SECTION 2. EU certification marks S. 886-919

„… purpose of providing protection to European Union certification marks’); Fezer, GRUR 2017, 1188, 1190 …” „… the essential function of the individual mark where it is affixed on goods for the sole purpose of …” „… )’ or ‘quality testing of products for certification purposes’ in Class 41. Also, owning an individual …”

SECTION 2. Priority S. 626-638

„… successors in title, shall enjoy, for the purpose of filing an EU trade mark application for the same trade …” „… shall be considered as the first application for the purposes of determining priority, provided that, at …” „… one of the countries of the Union, or his successor in title, shall enjoy, for the purpose of filing …”

SECTION 3. Conversion into a national trade mark application S. 1163-1187

„… would be considered to be genuine use under the laws of that Member State; (b) for the purpose of …” „… . However, this will not bring intolerable inequalities. By purpose, the EUTM system allows for the …” „… revocation applicant or without a ruling as the action is declared devoid of purpose, the EUIPO will put the …”

SECTION 1. Application of Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters S. 1079-1085

„… essence and purpose of Art. 8 No. 1 of Reg. 1215/2012 is to avoid parallel proceedings as far as possible …” „… action is its purpose.18 The aim of the action is thus decisive.19 In the opinion of the CJ, an identical …” „… purpose of action is shown to exist, for example, if one action aims at the positive ascertainment that a …”

Index S. 1757-1784

„… 16 et seq. – general purpose 100 2 – post or courier 100 14 et seq. – scope 100 5 – telecopier …” „… development 105 2 et seq – omitted act 105 8 – other remedies 105 18 – procedure 105 10 et seq – purpose 105 1 …” „… State 139 27 et seqq. – purpose 139 20 – qualitative and quantitative extent of genuine use 139 29 …”

Austria S. 1423-1431

„… unregistered marks or logos used by a company for business purposes. According to Section 9 of the Austrian …” „… purpose of obtaining preliminary injunctions (where such an application is intended). 9In some cases …” „… been filed.17 The purpose of a preliminary injunction is manifold: to secure the right to omission …”

Denmark S. 1467-1475

„… exist between the purpose of the prohibitory or mandatory injunction and the likely inconvenience and …” „… be conditional upon the provision of security by the plaintiff. The purpose of such security is to …” „… of the defendant or if the purpose may be deemed lost if the defendant is notified. 40It is the main …”

SECTION 1. Civil actions on the basis of more than one trade mark S. 1151-1154

„… not changed substantially in EUTMR. The purpose of Art. 136 is to avoid contradictory judgments in …” „… have already been decided. SECTION 2 Application of national laws for the purpose of prohibiting the …”

Hungary S. 1508-1517

„… CCP the court, upon request, may implement a preliminary injunction a) for the purpose of blocking any …” „… purposes, as well as in the case of a split trial, when damages or account of profits are assessed in …” „… of protection, or by way of obtaining or keeping such goods for the purpose of distribution. Right …”

SECTION 5. Proceedings in the Office in relation to revocation or invalidity S. 786-795

„… body set up for the purpose of representing the interests of manufacturers, producers, suppliers of …” „… entity, as well was by any group or body set up for the purpose of representing interests of consumers …” „… goods or services for which it is registered, it shall, for the purpose of the examination of the …”

Luxembourg S. 1554-1564

„… . Introduction 1 The purpose of this chapter is to provide the reader with a succinct overview of IP litigation …” „… the purposes of attacking a later Malta trademark registration by way of an invalidation/cancellation …” „… action or a revocation action; (b) enforcement of a EUTM for the purposes of estopping use of a later …”

SECTION 4. EU trade marks as objects of property S. 494-583

„… general principle already acknowledged under the ECHR.3 3 A further purpose of this section is to tackle …” „… ‘country of origin’,8 thus also serve the purpose to preserve the unitary character.9 5 Even though the …” „… from the record that it was likely to mislead the public, has been deleted as its purpose and …”

SECTION 1. Surrender S. 753-758

„… , however, that all pending proceedings with regard to the surrendered trade mark lose their purpose as a …” „… not, in itself, capable of rendering the appeal lodged by Ferrero devoid of purpose. Ferrero retains …”

Cyprus S. 1453-1459

„… injunction application would defeat the purpose of the application itself. Having said the foregoing, ex …” „… court may, for the purposes of ensuring compliance with the contents of the order, impose a fine which …”

SECTION 1. General provisions S. 1187-1232

„… official languages for the purposes of the EUTM system, namely Bulgarian, Croatian, Czech, Danish, Dutch …” „… the first language amongst all the official languages is also used for tactical purposes. Thus …” „… (1) EUTMR.50 Previously, the Office only accepted use of the second language for this purpose where …”

Romania S. 1585-1592

„… CC ‘No right shall be enforced for the purpose of harm another or in an excessive or unreasonable …” „… ‘concrete and actual’ namely initiating court proceeding with the purpose of preventing the infringement of …”

SECTION 4. Executive Director S. 1247-1254

„… binding effect on the Office and on its users. 9The purpose of Article 157(4)(a) is to provide the …” „… purpose of concluding the contract with the Executive Director, the Office shall be represented by the …”

SECTION 2. Disputes concerning the infringement and validity of EU trade marks S. 1085-1147

„… and purpose of the establishment of EU trade mark courts to bundle expertise in only a few courts, and …” „… central administration5 or (3) their principal place of business.6 Special rules apply for the purposes of …” „… the United Kingdom and Ireland pursuant to Art. 63 (2) of Reg. 1215/2012. For such purposes …”

SECTION 2. Costs S. 1017-1041

„… their purpose and shall be declared closed; the contested decision does not become final and the …” „… decision has lost its purpose.33 Once the rejection becomes final, the opposition proceedings are closed by …” „… costs: If for the sole purposes of fixing the costs (complicated) legal question would have to be …”

SECTION 3. Publication of the application S. 686-688

„… is required to satisfy have been fulfilled, the application shall be published for the purposes of …”

Article 73. Delegation of powers S. 858-860

„… , if the appeal becomes devoid of purpose following a reopening of the examination proceedings which …”

SECTION 4. Consequences of revocation and invalidity S. 784-786

„… purpose of representing the interests of manufacturers, producers, suppliers of services, traders or …”

France S. 1487-1496

„… main purpose, the sanctioning of the criminal offense of the defendants by the tribunal at the request …” „… , advertisement slogan that create such confusion. The purpose of a claim for damages for parasitical practices is …”

Article 55. Change of name or address S. 748-750

„… the purposes of a request for the change of the name or address of the applicant for an EU trade mark …”

SECTION 3. Information which may be made available to the public and to the authorities of the Member States S. 1041-1067

„… purposes laid down in paragraph 8. The Office shall keep the register easily accessible for public …” „… personal data, shall take place for the purposes of: (a) administering the applications and/or …” „… the purposes of: (a) administering the applications and/or registrations as described in this …”

Article 71. Decisions in respect of appeals S. 815-818

„… or revokes the decision or where the appeal has become devoid of purpose following the re-opening of …”

SECTION 1. EU collective marks S. 860-886

„… purposes of applying this Regulation, amendments to the regulations governing use shall take effect only …” „… proprietor has consented thereto (see Art. 25 (3) EUTMR). Furthermore, the licensee may, for the purpose of …” „… . Additional grounds for revocation 1The purpose and nature of collective marks is to distinguish the goods or …”

SECTION 3. Exhibition priority S. 638-642

„… claimed for international exhibitions which, regardless of their title, have as their principal purpose …”

SECTION 3. Other disputes concerning EU trade marks S. 1147-1151

„… with a national trade mark for actions other than those referred to in Art. 124 for the purpose of …”

Article 67. Persons entitled to appeal and to be parties to appeal proceedings S. 798-802

„… achieved. Thus, the opponent would not for the purposes of Art. 67 be adversely affected, even if the …”

Germany S. 1496-1502

„… applicable as a guideline. For purposes of proof and evidence, a written warning letter is preferable. 9 …”

Titelei/Inhaltsverzeichnis

„… .................................................................................................. 1151 SECTION 2 Application of national laws for the purpose of prohibiting the use of EU trade marks …” „… ........................ Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of …”

Bulgaria S. 1439-1445

„… of the case. In some infringements, especially small cases, the purpose of the cease and desist …”

Finland S. 1480-1487

„… there is a risk that the purpose of the interim relief otherwise would be lost, the court may grant …”

SECTION 2. International registration on the basis of applications for an EU trade mark and of EU trade marks S. 1326-1350

„… shall make forms available to the public free of charge, which may be completed online, for the purposes …” „… shall make forms available to the public free of charge, which may be completed online, for the purposes …” „… purposes of applying Article 11 of this Regulation, publication of the particulars of the international …”

SECTION 1. Examination of applications S. 653-681

„… this purpose by EUIPO. The requirement for a legal practitioner to be qualified in one of the Member …” „… indications are provided for the sole purpose of claiming priority in other jurisdictions.24 If the applicant …” „… , what matters for examination purposes is the meaning, if any, associated with the sign as a whole, and …”

Czech Republic S. 1459-1467

„… sole purpose of being a remedy of the caused injury. 30 The claimant can invoke the right for …”

Italy S. 1524-1534

„… trademarks for commercial purposes.25 The confiscation of counterfeit products can be ordered but also of …”

Slovenia S. 1600-1609

„… necessary in order to achieve the purpose of the requested provisional measure and it may, in particular …”

Lithuania S. 1543-1554

„… can be postponed. 2. Damages 68 Damages have the purpose of compensation, but not the punitive …”

SECTION 2. Grounds for revocation S. 758-768

„… trade mark, since the purpose of such proceedings is precisely to preserve the distinctive character of …”

B. Measures under Enforcement Directive 2004/48/EC S. 1411-1423

„… purpose). These interim measures must be available even before the main proceedings commence. The …”

doi.org/10.17104/9783406759093

Wolfgang Kahl, Marc-Philippe Weller - Climate Change Litigation

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Wolfgang Kahl (ed.), Marc-Philippe Weller (ed.)

Climate Change Litigation

Series: Beck International

Volume 2021

Results in this title

II. Notion – environmental liability – what does it mean and what is the purpose in the context of a liability regime? S. 151-152

„… environmental liability, it is mandatory to consider the potential object and purpose of such a regime …” „… . International regimes on environmental liability serve two not mutually exclusive purposes. It may have for …” „… , and this constitutes the second aspect, such an object and purpose would render the regime concerned a …”

III. Jurisdiction S. 125-138

„… not a Member State for the purposes of the Brussels and Rome Regulation since it does not take part in …” „… jurisdictional purposes.116 It held instead that the corporate ties of a foreign subsidiary to its US parent …” „… and some purposeful effort on the part of the defendant, to affiliate with the state, […].” 89 …”

III. Key frameworks: ‘sustainability’, ‘environmental justice’ – and ‘ecological justice’ S. 26-33

„… is purposely focusing on the future. This longing for the future is the source for sustainability’s …”

III. Litigation relating to the authority of the federal government to address climate change S. 258-262

„… instance, Justice Zinn found that a valid criminal law purpose existed in the protection of the environment …” „… characterization for the purposes of assessing its constitutional validity: It would be extremely easy for …” „… imposed pursuant to Part One of the GGPPA were not a tax because their primary purpose is not to raise …”

6. Italy S. 546

„… organizations, whose declared purpose it is to pursue environmental protection. As of recently, art. 142‐1 of …” „… the Code of the Environment124 grants these organizations standing that corresponds to their purpose …” „… purpose was extended to include issues of corporate social responsibility.128 According to the revised art …”

I. Introduction S. 150-151

„… ................................................................................................ ..... 1 II. Notion – environmental liability – what does it mean and what is the purpose in the context of …” „… is mandatory to consider the potential object and purpose of such a regime. International regimes on …” „… environmental liability serve two not mutually exclusive purposes. It may have for objective to cover the costs …”

5. United Kingdom S. 545-546

„… organizations, whose declared purpose it is to pursue environmental protection. As of recently, art. 142‐1 of …” „… the Code of the Environment124 grants these organizations standing that corresponds to their purpose …” „… purpose was extended to include issues of corporate social responsibility.128 According to the revised art …”

7. France S. 546-548

„… organizations, whose declared purpose it is to pursue environmental protection. As of recently, art. 142‐1 of …” „… the Code of the Environment124 grants these organizations standing that corresponds to their purpose …” „… purpose was extended to include issues of corporate social responsibility.128 According to the revised art …”

III. Other developments in the Netherlands S. 372-377

„… 2050. The purpose of these two targets is to make it easier to achieve the overarching objective …” „… climate plan. The purpose of the climate policy document and the climate and energy outlook is to enable …” „… introduced for the very purpose of tackling climate change and eliminating threats to human life. As a result …”

II. Litigating climate targets: holding the government to account S. 308-311

„… purpose of the CCA 2008, as well as human rights law-based arguments. The High Court rejected all of these …” „… that the true purpose of the CCA 2008 was to commit the UK to make an “equitable contribution” to the …” „… agreement. Because of this purpose, the Secretary of State should have changed the 2050 Target. However, the …”

V. Perspective climate litigation to enforce climate law S. 525-530

„… December 2019.140 Its purpose is to ensure that national climate protection targets are met and European …” „… carried out for this purpose. The extent to which climate protection must also be taken into account in …” „… of NGOs in Germany that hold land for nature protection purposes it is not a wide stretch to envision …”

VI. Environmental impact S. 437-439

„… , between such an environmental impact and an impairment (causation of impairment73).74 For the purposes of …” „… causal link, the protective purpose of the rule etc. serve as mechanisms of limitation aiming to prevent …”

IV. Concluding observations: Necessary features of a regime on international environmental liability S. 161-166

„… hazardous for the purposes of a specific treaty or they may agree on a list on hazardous substances.68 It is …” „… relationship between them and the adjective “significant”. (2) For the purposes of these articles, “risk of …” „… sufficiently limited so as not to impose such obligations in respect of virtually any activity. The purpose is …”

II. Jurisdictional issues S. 238-244

„… court assumed for purposes of decision that the plaintiffs would suffer injury-in-fact from climate …” „… is limits to specific types of cases. Most important for present purposes are cases arising under …” „… this chapter. For present purposes, the key point is that tort law is normally a matter for state law …”

III. Climate protection and current corporate law S. 455-464

„… the purpose of this Agreement as set out in Article 2.” Generally on the direct third-party effect …” „… further references. Generally on the issue of management and supervisory board being bound to the purpose …” „… them particularly the ‘Statement on the Purpose of a Corporation’ of the 181 CEOs of the major US …”

II. NGO independent access to court as exception to the rule – the German standing rules in a nutshell S. 513-516

„… : text/wording, the legislator’s intention as well as the stated purpose of the provision. An individual’s …” „… . Acquiring the land solely for the purpose of bringing proceedings infringes the principle of the permissible …”

III. Climate change litigation in private law S. 346-363

„… tiers indépendant”). That organization has to be accredited for this purpose according to an …” „… aspects, and on the other hand, it gives companies the opportunity to specify the “company’s purpose …” „… supplemented with the following sentence: “The articles of association may specify a company purpose, which is …”

III. The law of delict S. 412-423

„… because the use of fossil fuels for the purpose of energy production and other industrial activities was …” „… serves a normative purpose. The key function of adequacy is to exempt socially adequate behaviour from …” „… operation of a power plant for the purpose of energy production. Up until this day, and at least the near …”

4. Private enforcement S. 554-558

„… or social changes and develops the existing law. (…)” If one takes this purpose of civil proceedings …” „… purpose to include environmental and CSR concerns was even codified in art. 1833 Code civil.218 In this …”

VI. Conclusion S. 530-535

„… carried out for this purpose. The extent to which climate protection must also be taken into account in …” „… of NGOs in Germany that hold land for nature protection purposes it is not a wide stretch to envision …”

IV. Climate litigation in Brazil: analyses of cases S. 281-286

„… unconstitutional, which prohibited the use of intentional fires for agricultural purposes.46 The STF is the …” „… , violates the law. The fires are incompatible with the purposes of environmental protection established in …”

1. Addressing the causes of climate change S. 7-12

„… treaties might not be fit for purpose. 31This future of international law is one where it guides the …” „… not “fit for purpose” because it is not designed to achieve substantial emissions reductions within …”

II. Climate change law and litigation in Brazil S. 274-279

„… shallow and selective logging, usually for the purposes of selling the wood. Examples of degradation are …” „… ecological purposes of the Vatican Synod for the Amazon, instituted by Pope Francis in 2019.18 22 In the …”

I. Introduction S. 469-470

„… : https://www.ft.com/content/89f5f412-12bc-11ea-a225-db2f231cfeae; Schwab, Davos Manifesto 2020: The Universal Purpose of a …” „… -the-universal-purpose-of-a-company-in-the-fourth-industrial-revolution/; Sheehan, Letter from JANA Partners & CalSTRS to Apple, Inc., 19 January 2018, available at …”

III. Public law litigation S. 244-250

„… initially designed for quite another purpose: maintaining air quality in areas that were relatively pristine …” „… making the actual decision.34 39The key question for our purposes is how climate change factors into NEPA …”

VII. Causation S. 439-445

„… purposes of this handbook this present chapter is limited to basic findings on causation and, for a more …” „… , interruption of the causal link, the protective purpose of the rule etc. serve as mechanisms of limitation …”

1. Environmental Damage Act S. 549-550

„… its limited purpose. It presents itself as an act that encompasses certain climate damage …”

8. Netherlands S. 548-549

„… limited purpose. It presents itself as an act that encompasses certain climate damage constellations and …”

IV. Innovations in investment law & policy related to clean energy, climate change and sustainable development S. 182-196

„… in light of their object and purpose,132 and the States’ objectives for the CETA encompass the …” „… the purpose of determining what an ‘expropriation’ is under the treaty, ‘[n] on-discriminatory …” „… 2015. See art 9(8): ‘GENERAL EXCEPTIONS 1. For the purposes of this Chapter and subject to the …”

II. The Paris Agreement and the legal nature of its provisions S. 200-208

„… interpretative purposes.57 The arguably most important constraint with regard to its impact is found in the …” „… corresponds with its overall structure and purpose. Heavily relying on a bottom-up approach accompanied by …”

III. Litigating the transition to a low carbon society: clean energy, airports, and fracking S. 311-319

„… us. The relevant aspect for our purposes is that the High Court considered the “powerful public …” „… High Court.66 At the High Court, it was held that ‘government policy’, for the purposes of the Act, did …”

V. What can investor-led action achieve? S. 477-486

„… tools. Some of them might be more and 63 Supra fn. 57. 64 For purposes of an overview (with an emphasis …” „… situation and opt for an action which is fit for the specific purpose. Investors might also choose to pursue …”

5. Conclusion S. 558-561

„… purpose to include environmental and CSR concerns was even codified in art. 1833 Code civil.218 In …”

IV. Time for investor-led action S. 475-477

„… might be more and 63 Supra fn. 57. 64 For purposes of an overview (with an emphasis on short sellers) cf …”

I. Introduction S. 363-365

„… document incorporating such measures for the purpose of achieving the climate targets laid down in the Act …”

III. Legal remedies which may be used in climate litigation in Brazil S. 279-281

„… unconstitutional, which prohibited the use of intentional fires for agricultural purposes.46 The STF is the …”

IV. Choice of Law S. 138-149

„… would disregard the corporate veils for jurisdictional purposes.116 It held instead that the corporate …” „… ................................................................................................ ..... 1 II. Notion – environmental liability – what does it mean and what is the purpose in the context of …”

V. Potential role for litigation in national courts S. 17-21

„… purpose. V. Potential role for litigation in national courts 81As mentioned above, the twin principles of …”

III. The Jurisprudence of the European Court of Human Rights S. 85-88

„… Convention on Human Rights, 7th ed. 2017, 161‐167. Part 1. Fundamental questions 86 Gross purposes of Article …”

II. Climate law and governance in Canada S. 255-258

„… renewable fuel.34 At first instance, Justice Zinn found that a valid criminal law purpose existed in the …”

IV. Legal effects S. 502-505

„… restoration. Its purpose is thus to provide a similar level of natural resources and/or services, including …”

IV. Major legal issues S. 14-17

„… make the judiciary fit for purpose. V. Potential role for litigation in national courts 81As mentioned …”

II. Challenges (and possibilities) for global governance and international law S. 3-7

„… purpose. 31This future of international law is one where it guides the sustainable development of …”

III. “Giudizio universale” (the last judgment): a high-profile case to be litigated by the first months of 2020 S. 329-333

„… river state areas, as well as enhancing naturalistic areas for environmental and economic purposes. 29 …”

V. Law of nuisance S. 423-427

„… serves the same purpose as the duty of care, namely to attribute responsibility for a certain harm to an …”

III. Arbitration proceedings S. 100-105

„… often based on a model law specifically drawn up for this purpose in 1985, namely the UNCITRAL Model Law …”

I. The German law of non-contractual liability: an overview S. 407-410

„… law requires that it is the legislative purpose of the statute in question to protect the individual …”

I. Introduction S. 450-452

„… version, which, for the purpose of presenting already current law, emphasizes that “the Management Board …”

I. Introduction S. 509-513

„… nature conversation purposes. 15 An NGO could otherwise not formally be part of the proceedings, since …”

III. The Paris Agreement in the courtroom S. 208-215

„… application of the Paris Agreement in domestic litigation corresponds with its overall structure and purpose …”

V. Applicable law S. 392-398

„… ). 135 According to Junker, in: MüKoBGB, art. 7 Rome II, mn. 20, this contradicts the sense and purpose …”

IV. The legal problems of positive obligations S. 88-95

„… adequate for this far reaching purpose.57 38In the famous case Urgenda v. The Netherlands standing is based …”

II. The concept of environmental damage S. 489-496

„… this study to present them. For the purposes of this contribution, it suffices to emphasize that the …”

IV. Suitability of arbitration proceedings for climate change disputes S. 105-114

„… Agreement, in which the Fund Board agrees to provide the Grant for the purposes of the Project. Article …”

II. Climate change through the environmental impact assessment process S. 290-299

„… purpose of which is for use as fuel in power stations, and the emission of GHG which contribute to climate …”

III. Formal role of NGO’s in climate litigation against the state S. 516-525

„… standing even if the acquisition of such a property was only the purpose of the trial.119 As a general rule …”

Titelei/Inhaltsverzeichnis

„… ................................................................................................ ......................................... 150 II. Notion – environmental liability – what does it mean and what is the purpose in the context of …”

V. Liability of EU Member States under Francovich doctrine? S. 224-236

„… 2010 at the latest, and should make the programmes drawn up for those purposes available to the public …”

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