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In case of a seller's breach of contract, the parties are confronted with challenging decisions. In particular, the question arises whether the buyer is entitled to avoid the contract or whether the seller has the option to cure the breach of contract. Especially the possibility of a seller's cure, although widely used in daily business, poses a multitude of unsettled legal questions, ranging from its acceptance in legal statutes to the actual performance of a seller's cure. The present study is based on the United Nations Convention on Contracts for the International Sale of Goods (CISG), additionally taking into account the situation of the seller's right to cure under English as well as Swiss Sales Law. Moreover, the discussion covers the seller's right to cure and its position in standard terms. In these contexts, the author analyses the problems of, as well as the possible solutions to, a seller's right to cure, thereby highlighting its existence, its modalities, the possible interests involved as well as its consequences for the legal relationship between the seller and the buyer.
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Recent years have seen many fundamental changes in European designs law, including the emergence of the Designs Directive in 1998 and the Designs Regulation in 2001. These pieces of legislation introduce major changes to the protection of industrial and ornamental designs throughout the European Union.
Many issues covered in the legislation remain unlitigated, or guidance has not yet been provided by superior tribunals. European Union Design Law provides a much-needed guide to the new law and practice. Beginning with a short history of the development of the legislation, Stone moves on to a detailed examination of the interpretation provided by OHIM, the Court of Justice and the General Court, and the Community Design Courts of the EU Member States. Separate chapters deal with RCD filing and
invalidity, unregistered Community designs, the implementation of the Designs Directive by the member states, and the complex jurisdictional web for enforcing pan-EU rights.
Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood. IP rights are mostly studied in isolation, yet in practice each of the legal categories created to protect IP rights will usually only provide partial legal coverage of the broader context in which such rights are actually created, used, and enforced. Consequently, often
multiple IP rights may overlap, in whole or in part, with respect to the same underlying subject matter. Some patterns, for instance, in addition to being protected from copying under the design rights regime, may also be distinctive enough to warrant trade mark protection.
Each chapter addresses a discrete pair of IP rights and is written by a specialist in that area. Facilitating an understanding of how and when those rights may be encountered in practice, each chapter is introduced by a hypothetical situation setting out the overlap discussed in the chapter. The conceptual and practical issues arising from this situation are then discussed, providing practitioners with a full understanding of the overlap.
Also included is a valuable summary table setting out the legal position for each set of overlapping rights in jurisdictions across Europe, Central and South America, and Asia, and the differences between them.
Standards, technologies, and requirements for computer validation have changed dramatically in recent years, and so have the interpretation of the standards and the understanding of the processes involved. International IT Regulations and Compliance brings together current thinking on the implementation of standards and regulations in relation to IT for a wide variety of industries. The book provides professionals in pharmaceutical and semiconductor industries with an updated overview of requirements for handling IT systems according to various Quality Standards and how to ?translate? these requirements in the regulations.
The legislature of the state and the Parliament, while enacting the legislation, consider the objectives of it. Some laws lay down the substantive rights of the masses and some touch upon the procedural aspect of certain laws. But it is due to lack of awareness of beneficiaries that most of the legislations are ineffective at the stage of their execution. To quell this problem, the step of generating among the masses, awareness of their rights has been recognized as the appropriate initiative. The source of power among the masses has been attributed to such awareness. India is a land of various laws on a variety of subjects. Most of these pertain to the benefits of the people. But due to the lack of their awareness for such provisions hardly yield any benefit to them.
Start-up companies go through various stages of development on their way to
success. This thesis examines the communication of vision in entrepreneurial
companies, a process, which is necessary and commonly encountered by organizations that have already been in business for a few years.
The communication of vision, and thus entrepreneurial spirit, is crucial for young companies because it typically constitutes the foundation of their current and also future success.
This thesis will draw upon data gathered in an entrepreneurial company, which is at a point where it has to hire new employees and communicate its vision to them. A theory on the communication of vision will be created based on the examination of the primary research data collected at this company.
Although human dignity is an old principle in philosophy, the history of its legal form is relatively short. Since its first adoption in the preamble of the Irish Constitution and the Universal Declaration of Human Rights it has more and more proven to be a fundamental principle of law. The philosophers, lawyers and political scientists joint in this e-book discuss this assumption with respect to the legal form of dignity, its relation to values like freedom and autonomy, and analyze its implications for justice in difficult decisions. Because of the fundamental value of human dignity, comparative studies are intended to show its relevance in different legal orders and in international law.
In the last three decades, international arbitration has experienced a remarkable growth and become an important and widely used instrument in the resolution of international disputes. This paper deals with the main advantages and disad-vantages of arbitration in the context of international contract law and is based primarily on two references: the textbook The Principles and Practice of Interna-tional Commercial Arbitration, by Margaret L. Moses (2008), and the homepage of The International Chamber of Commerce (2013).
Courts have, traditionally, required the plaintiff to prove to the requisite standard of proof that causation exists. This monograph addresses what has, to date, been a modest reform toward permitting recovery based on a probability that causation exists, discounting the damages awarded by the probability of causation. The central purpose of our inquiry is to employ a comparative methodology to better understand how different legal systems respond to causal uncertainty and to examine why, how and in what situations rules of proportional liability can promote the goals of tort law.Israel Gilead, Hebrew University of Jerusalem, Israel; Michael D. Green, Wake Forest University School of Law, Winston-Salem, USA; Bernhard A. Koch, Innsbruck University, Austria.
An updated guide to Canadian copyright law for an age of reckless infringement
This fourth edition of Canadian Copyright Law brings you the latest updates according to new Canadian legislation and international agreements. Copyright infringement has always been an invisible crime. Now with near-constant access to the Internet and the mainstream explosion of digital formats, copyright is one of the most important issues for creative professionals, consumers of that media, and those who work in related industries. The line between what is protected and what is "free" is blurring further, and the copyright issues are more complex than ever.
Whether you are a creator or user of copyright material, Canadian Copyright Law will keep you current on copyright law in Canada and its applications to your situation—to protect your creations, content, and products in these rapidly changing markets.