The present book is the result of the master thesis written in the summer of 2015 for the Munich Intellectual Property Law Center (MIPLC) LLM in IP and Competition. The subject of the thesis is the much debated issue of standard-essential patents, their enforcement and the implications for EU competition law. It is an attempt to deal with a problem not much discussed in the literature, namely t…
n the modern marketplace characterised by a profusion of signs and labels, Community collective marks seem rather absent. Although provided for in the European trade mark legislation, they are underutilised in practice and quite neglected in legal theory, which, in its vast majority, is restricted in mere repetitions and reformulations of the legislative text. In those cases of commentaries whe…
When recalling the recent United Nations climate process at the eighteenth Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC) and the eighth Conference of Parties serving as the Meeting of the Parties to the Kyoto Protocol (CMP) in Doha, Qatar last December, one may wonder what the diplomatic value of such massive negotiations really is. In the…
The Brexit decision to leave the EU is a miscarriage of democracy. It is an expression of UK sovereignty, proving not, however, that the Kingdom is retrieving its full sovereignty from the EU. Instead it proves that the UK's sovereignty has failed to evolve along with its membership of the EU and take on a European dimension. This failure has seen UK sovereignty regress from a sophisticated…
The topic of this book is one of the most contentious, complex and at the same time very important in many respects. Latest achievements in the biotechnology industry related to the stem cell technology are quite important. On the one hand, human embryonic stem cells are viewed as strong tools to be applied for curing or at least alleviating of until now not curable illnesses, such as Alzheimer…
The present book invites the reader to rethink some questions raised in EU external relations law in the light of recent developments in the case law of the Court of Justice, from the perspective of the constitutional foundations of the Union. The various chapters invite the reader to take a look at the balance between the specific legal regime for EU external action and the constitutional fund…
"Digitization of information" means, to state it in the simplest way possi‐ ble, the representation of information as a sequence of zeros and ones. Digitized information can be edited, stored and easily transferred between computers. In view of the high power of today's computers and their glob‐ al networking via the Internet, this means that vast amounts of information can be processe…
Areas of limited statehood, in which the territorial State lacks effective control, either completely or in part, challenge International Humanitarian Law in various ways. This volume explores if and how the law adapts to these challenges on the basis of mainly two legal issues: detention and investment protection in (non-)international armed conflict. Does a sufficient legal basis exist for th…
This book documents the findings and recommendations of research into the question of how IT laws should develop on the understanding that today’s information and communication technology is shaped by cloud computing, which lies at the foundations of contemporary and future IT as its most widespread enabler. In particular, this study develops on both a comparative and an interdisciplinary axi…
What are chances and challenges of referring to human rights law in defining crimes under international law? Under what circumstances is a reference to human rights law dogmatically appropriate and practically likely? The answers to these questions are explored through a look at the theoretical framework, practical application in jurisprudence as well as empirically through interviews with judg…