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Directive On The Enforcement Of Intellectual Property Rights
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (also known as "(IPR) Enforcement Directive" or "IPRED") is a European Union directive in the field of intellectual property law, made under the Single Market provisions of the Treaty of Rome. The directive covers civil remedies only—not criminal ones. Under Article 3(1), Member States can be censured in the European Court of Justice if their civil procedures on the infringement of intellectual property rights are "unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays". Otherwise the Directive harmonises the rules on standing, evidence, interlocutory measures, seizure and injunctions, damages and costs and judicial publication. Subject-matter and scope The Directive requires all Member States to apply effective, dissuasive and proportionate remedies and penalties against those engaged in counterfei ...
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European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts European legislation, following a proposal by the European Commission. The Parliament is composed of 705 members (MEPs). It represents the second-largest democratic electorate in the world (after the Parliament of India), with an electorate of 375 million eligible voters in 2009. Since 1979, the Parliament has been directly elected every five years by the citizens of the European Union through universal suffrage. Voter turnout in parliamentary elections decreased each time after 1979 until 2019, when voter turnout increased by eight percentage points, and rose above 50% for the first time since 1994. The voting age is 18 in all EU member states except for Malta and Austria, where it is 16, and Greece, where it is 17. Although the E ...
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Saisie-contrefaçon
Under French law, the ''saisie-contrefaçon'' is a means of proof of the infringement and, more generally, any violation of an intellectual property right. This procedure permits the holder of the intellectual property right, upon receiving the authorisation of a judge, to call upon a bailiff (in certain cases, a police commissioner or a judge) to record an infringement. In France, the ''saisie-contrefaçon'' is one of the most widely used means of obtaining evidence of the existence and extent of an infringement of intellectual property rights. One of the means of proof of the infringement The infringement of intellectual property rights is a legal fact and, as such, any means may be used to provide evidence thereof. Therefore, evidence may be provided using all the means of proof permitted by civil law (or by criminal law if the proceedings are initiated before a criminal court), such as witness statements, presumptions, bailiff reports and expert investigations, but also ...
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Court Of Genoa
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given t ...
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Ross J
Ross or ROSS may refer to: People * Clan Ross, a Highland Scottish clan * Ross (name), including a list of people with the surname or given name Ross, as well as the meaning * Earl of Ross, a peerage of Scotland Places * RoSS, the Republic of South Sudan Antarctica * Ross Sea * Ross Ice Shelf * Ross Dependency Australia * Ross, Tasmania Chile * Ross Casino, a former casino in Pichilemu, Chile; now the Agustín Ross Cultural Centre Ireland *"Ross", a common nickname for County Roscommon * Ross, County Mayo, a townland in Killursa civil parish, barony of Clare, County Mayo, bordering Moyne Townland * Ross, County Westmeath, a townland in Noughaval civil parish, barony of Kilkenny West, County Westmeath * Ross, County Wexford * The Diocese of Ross in West Cork. The Roman Catholic diocese merged with Cork in 1958 to become the Roman Catholic Diocese of Cork and Ross, while the Church of Ireland diocese is now part of the Diocese of Cork, Cloyne and Ross. This area, centered aroun ...
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Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual Copyright infringement, infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the Legal liability, liability of the Online service provider, providers of online services for copyright infringement by their ...
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Parliament Of Sweden
The Riksdag (, ; also sv, riksdagen or ''Sveriges riksdag'' ) is the legislature and the supreme decision-making body of Sweden. Since 1971, the Riksdag has been a unicameral legislature with 349 members (), elected proportionally and serving, since 1994, fixed four-year terms. The 2022 Swedish general election is the most recent general election. The constitutional mandates of the Riksdag are enumerated in the ''Instrument of Government'' (), and its internal workings are specified in greater detail in the Riksdag Act ().Instrument of Government
as of 2012. Retrieved on 16 November 2012.
T ...
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Office Of Public Sector Information
The Office of Public Sector Information (OPSI) is the body responsible for the operation of His Majesty's Stationery Office (HMSO) and of other public information services of the United Kingdom. The OPSI is part of the National Archives of the United Kingdom and is responsible for Crown copyright. The OPSI announced on 21 June 2006 that it was merging with the National Archives. The merger took place in October 2006. The OPSI continues to discharge its roles and responsibilities from within the structure of the National Archives. Controller of HMSO and Director of OPSI The Controller of HMSO is also the Director of OPSI. HMSO continues to operate from within the expanded remit of OPSI. The Controller of HMSO also holds the offices of Kings's Printer of Acts of Parliament, King's Printer for Scotland and Government Printer for Northern Ireland. By virtue of holding these offices OPSI publishes, through HMSO, the '' London Gazette'', ''Edinburgh Gazette'', ''Belfast Gazette'' ...
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European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a '' sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the Customs Union, paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to act ...
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Immovable Property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property. In countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls real property "heritable property", and in French-based law, it is called ''immobilier'' ("immovable property"). Historical background The word " ...
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Mareva Injunction
Asset freezing is a form of interim or interlocutory injunction which prevents a defendant to an action from dealing with or dissipating its assets so as to frustrate a potential judgment. It is widely recognised in other common law jurisdictions and such orders can be made to have world-wide effect. It is variously construed as part of a court's inherent jurisdiction to restrain breaches of its process. Origins in ''Mareva'' The legal order itself is in the form of an injunction, which in Commonwealth jurisdictions is also known as a freezing order, Mareva injunction, Mareva order or Mareva regime, after the case ''Mareva Compania Naviera SA v International Bulkcarriers SA'', although the first recorded instance of such an order in English jurisprudence was ''Nippon Yusen Kaisha v Karageorgis'', decided one month before ''Mareva''. The ''Civil Procedure Rules 1998'' now define a Mareva injunction as a "freezing order". In UK, the jurisdiction to issue an asset freezing orde ...
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Information Society Directive
The Information Society Directive (familiarly when first proposed, the Copyright Directive) is a directive of the European Union that was enacted to implement the WIPO Copyright Treaty and to harmonise aspects of copyright law across Europe, such as copyright exceptions. The directive was first enacted in 2001 under the internal market provisions of the Treaty of Rome. The draft directive was subject to unprecedented lobbying and was considered a success for Europe's copyright laws. The 2001 directive gave EU Member States significant freedom in certain aspects of transposition. Member States had until 22 December 2002 to transpose the directive into their national laws, although only Greece and Denmark met the deadline. Provisions Rights Articles 2–4 contain definitions of the exclusive rights granted to under copyright and related rights. They distinguish the "reproduction right" (Article 2) from the right of "communication to the public" or "making available ...
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