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The CJEU published its much-awaited preliminary ruling in Case C-263/18 - Nederlands Uitgeversverbond and Groep Algemene Uitgevers (the Tom Kabinet case) in December 2019. Our paper aims to introduce the Tom Kabinet ruling and discuss its direct and indirect consequences in copyright law. The...
Persistent link: https://www.econbiz.de/10013305734
This article compares the narratives underlying the EU’s approach to governing cross-border data flows and their reflection in the EU’s trade policy with those of the US and China. Using this comparison, this article makes three points. First, it elucidates the limitations of the EU’s...
Persistent link: https://www.econbiz.de/10013306211
The first part of this article discusses the Takeover Code and the Takeover Panel. This is then followed by an examination of the rules of the Takeover Code relating to the non-frustration rule. The article then delves into the duties of directors under the company law regime and expounds the...
Persistent link: https://www.econbiz.de/10014359642
Internationally, the significance of consumer protection transpired beyond the national frontiers with the adoption of the United Nations Guidelines on Consumer Protection (UNGCP) in 1985. Ever since, there had been various contributions by scholars on the question of consumer rights and their...
Persistent link: https://www.econbiz.de/10014356742
In a paper recently published in the IIC, I argued against the prevailing construction of article 52(2) of the Convention on the Grant of European Patents as resolving to a single requirement for technical character. That argument was based in part on a challenge to contemporary assumptions...
Persistent link: https://www.econbiz.de/10014064475
This paper examines the impact of ordre public and morality on government regulation of gene editing patents in the United States and the European Union. A discussion of ordre public and morality requires an understanding first of the separate meanings of ordre public and morality, then how and...
Persistent link: https://www.econbiz.de/10014261596
“Digital sovereignty” has become a buzzword of the new European policies and rules on data governance. This discourse, however, is not entirely new. Already at the dawn of data protection laws in Europe, information sovereignty was one of the concerns that regulation of personal data flows...
Persistent link: https://www.econbiz.de/10014263676
Against the backdrop of the current euro area crisis and the imbalance at the heart of the Economic and Monetary Union, this paper will explore the current state of fiscal integration, as well as its likely future and limits. It will do so by, first, creating a ‘map to fiscal integration’...
Persistent link: https://www.econbiz.de/10014165701
This commentary focuses on Article 8.30 CETA, which is entitled ‘Ethics’ and sets ethical rules for the Members of the CETA Tribunal and the Appellate Tribunal. The European Commission presents this precept in a succinct paragraph, highlighting the key issues addressed and the main novelties...
Persistent link: https://www.econbiz.de/10014242634
The objective of this paper is to identify current problems and propose legal and regulatory reforms to Colombia's securitisation framework that would enhance efficiency, mitigate risks and allow the development of innovative types of securitisations. To reach that, an analysis of the...
Persistent link: https://www.econbiz.de/10014210884