Trademark Transactions in EU Law – Refining the Approach to Selective Distribution Networks and National Unfair Competition Law
Given the rudimentary nature of the current set of EU rules, the regulation of trademark transactions in the EU depends on a harmonious interplay of harmonized EU law on the one hand, and individual national laws on the other. This configuration of the system places a particular responsibility on the Court of Justice of the European Union. Interpreting harmonized EU rules, the Court ought to consider the impact of its decision on the proper functioning of national law. An overambitious approach seeking to maximize the harmonizing effect of the rudimentary set of EU norms will almost inevitably lead to unsatisfactory results. After a short overview of EU objects of property rules and present amendment proposals, two decisions of the CJEU will be brought into focus to illustrate this point. The decision in Copad/Dior gives rise to concerns about harmonized rules in the Trade Mark Directive becoming a straitjacket offering insufficient breathing space for the reconciliation of licensor, licensee and third party interests, while the case Martin Y Paz/Depuydt sheds light on the potential corrosive effect on national unfair competition law. The analysis shows the structural deficiencies of the current EU system and the need for additional fine-tuning based on both EU and national norms.
Flexibility Grave – Partial Reproduction Focus and Closed System Fetishism in CJEU, Pelham
In the ongoing discussion about the impact of fundamental rights on EU copyright law, the Pelham judgment of the Court of Justice of the European Union (CJEU) has received much attention. However, the decision also raises important legal-doctrinal issues. The CJEU employs the harmonized right of reproduction as a vehicle to regulate adaptations of pre-existing source material. Moreover, the Court insists on a balancing of interests within the EU matrix of exclusive rights and limitations. The closed list of limitations in EU copyright law, however, can hardly be expected to offer sufficient breathing space for adaptation scenarios. As the Information Society Directive did not harmonize the right of adaptation, there was no need to include indispensable free adaptation rules that have evolved at the national level, such as the German “free use” doctrine. Instead of embracing national rules of equity and fairness to fill the gap, the CJEU is reluctant to borrow from the legal traditions of EU Member States and misses an important opportunity to provide guidance for the regulation of adaptations outside the sound sampling arena. After an introduction to the German “Metall auf Metall” saga that led to the Pelham decision, the following analysis sheds light on these developments in EU copyright law and discusses problems arising from the approach taken by the CJEU.
Mechanical behaviour and durability of high volume fly ash cementitious composites
The purpose of this research is to separate different morphological particles of ASTM class F fly ash, and study their effect on mechanical behaviour and durability of high volume cementitious mixtures. In this research wet separation of raw fly ash is carried out, which resulted in three layers of different morphological particles. The first layer of particles float, comprise of about 1-5% of fly ash, is identified as cenospheres or hollow spheres. The second layer of particles is measured to be 55-60% of raw fly ash and consisting of porous spherical and rounded particles rich in Si and Al. The third layer particles is measured to be about 35-40% of raw fly ash. High volume fly ash cementitious composites containing second or third layer particles are tested under compression and bending, highlighting a higher strength and ductility in comparison to cementitious ones containing raw fly ash particles. KEYWORDS. Cementitious matrix; Raw fly ash; Second layer particles; Third layer particles.