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MIP EU Law > Week 3 > Flashcards

Week 3 Flashcards

Character of EU competences in the field of intellectual property. The 3 problem of EU exclusive competence in common commercial policy and the commercial aspects of intellectual property rights – the recent case- law of the CJEU.

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1
Q

What are characters of EU competences in the field of IP?

A

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2
Q

What are 3 problems of EU exclusive competence in common commercial policy and the commercial aspects of IPR?

A

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3
Q

How European agencies can therefore be defines?

A
  • bodies structurally separated from EU institutions,
  • established on the basis of secondary legislation
  • with legal personality
  • having their own administration
  • equipped with their own competences,
  • financially independent (they have a budget)
  • entrusted with tasks covered by the EU
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4
Q

1

A

Each agency has a collective body - a board (administrative council), composed of representatives of Member States, representatives of the European Commission, and sometimes also representatives of other institutions or other entities.

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5
Q

EUIPO known as ?

A

OHIM ( Office for Harmonization of the Internal Market)

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6
Q

What are the languages of the application for EU Trademark?

A

the application for an EU trademark shall be filed in one of the official languages of the Union. The languages of the Office shall be English, French, German, Italian and Spanish.

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7
Q

In which treaties mention about EU agencies?

A
  • The treaty on the functioning of the European Union

- The treaty on European Union

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8
Q

What are two European agencies play particular role in the application of the intellectual property law?

A
  • EUIPO

- The European Community Plant Variety Office

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9
Q

What is the function of the agencies

A
  • exchange of information
  • collect of information
  • they play coordinate role
  • contribute to better implementation of EU law
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10
Q

when were created first European agencies ?

A

in the 1970s, after in 1990s and third stage of the most intensive development falls on the last decade.

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11
Q

Define European agencies?

A

E.A. are as body structurally separated from EU institutions, bodies established on the basis of secondary legislation, bodies with legal personality having their own administration and equipped with their own competences, financially in abandoned and entrusted with tasks covered by EU competence.

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12
Q

What kind of type of E.A exist ?

A
  • executive agencies

- regulatory agencies

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13
Q

What are executive agencies?

A

are agencies whose task is to support the European Commission in the implementation of EU financial support programs.

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14
Q

What are regulatory agencies?

A

are agencies actively involved in the implementation of EU law by issuing instruments contributing to the regulation of a given sector.

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15
Q

What are the tasks of regulatory agencies

A
  • collection and exchange of information
  • the coordination of the activities of the Member states authorities
  • providing the necessary knowledge and scientific support to EU institutions
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16
Q

what is the organizational structure of agencies?

A

each agency has:

  • a collective body,
  • a board administrative council, composed of representatives of the member states, representatives of the European Commission
  • and sometimes of also representatives of other institutions or other entities.
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17
Q

What are the tasks of the board?

A

the task of the board, sometimes called the council

  • selection of the agency’s executive director
  • adoption of the agency’s work, program
  • agency’s annual activity report
  • budgetary functions
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18
Q

What does the agency’s executive director?

A

sometimes called administrative director,

appointed by the board which prepares and implements the agency’s work program, and performs all international functions and conducts technical cooperation with third countries.

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19
Q

What is Network structure or vertical cooperation of EU agencies?

A

it is horizontal cooperation between member states, authorities and European agencies, and the Commission

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20
Q

What is Lisbon treaty about?

A

Lisbon treaty has introduced a clear treaty basis for controlling acts of unions agencies that are intended to have legal effects on third parties.

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21
Q

What is The European Union Ombudsman?

A

EU Ombudsman -investigates complaints by EU citizens, businesses or associations against the EU institutions and bodies. Its broader role is to improve the accountability of the EU institutions and to make them more accessible to EU citizens.

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22
Q

What is main functions of the Ombudsman?

A

The ombudsman of the EU mainly performs out of court control of activities of European agencies.

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23
Q

What is the role of the Ombudsman?

A

is an independent officer of Parliament with responsibility to investigate the actions of public authorities including State Government departments, prisons, hospitals, schools and technical colleges, local governments and public universities

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24
Q

What is EUIPO responsible for?

A

He responsible for managing the EU trademark and the registered Union design.

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25
Q

Where is located EUIPO ?

A

In Alicante, Spain.

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26
Q

From who management board should be composed?

A
  • one of the representative of each Member State
  • two representatives of the European Commission
  • one representative of the European Parliament
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27
Q

Who Council of the European Union appoint in EUIPO?

A
  • Executive Director
  • the Deputy Executive Director
  • The President
  • Chairpersons of the Boards of Appeal.
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28
Q

What are European Agencies?

A

Decentralized units entrusted with fulfilling tasks belonging to EU institutions.

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29
Q

To what doctrine is the creation of European Agencies still subject to?

A

Maroney’s doctrine.

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30
Q

What is the Maroney’s doctrine?

A

It is possible to delegate powers under condition that delegation includes clearly defined implementing powers.

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31
Q

What are the tasks of most European agencies?

A
  • collection and exchange of information
  • the coordination of the activities of the Member states authorities
  • providing necessary knowledge and scientific support to EU institutions
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32
Q

What is the organizational structure like?

A

Each agency has a collective body, a board administrative council. composed of representatives of the member states representatives of the European Commission and sometimes also representatives of other institutions of other entities.

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33
Q

What do most agencies have considered they are an expert base for the EU institutions?

A

Scientific commissions.

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34
Q

By which standards are European agencies bound in carrying out their tasks?

A

They are bound by standards of conduct resulting from the right to good administration referred to in article 42 of the Charter of Fundamental Rights.

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35
Q

Who exercises the administrative and political control over the activies of the European agencies?

A

The Member States and the EU institutions.

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36
Q

How shall be governed the agency’s contractual liability?

A

By the law applicable to the contract in question.

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37
Q

How shall be governed the agency’s non contractual liability?

A

According to the general principles common to the laws of the Member States.

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38
Q

What is the European Union’s intellectual property office?

A

The office responsible for managing the EU trademark and the registered Union design.

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39
Q

What kind of legal capacity does the intellectual property office enjoy in each of the Member States?

A

It enjoys the most extensive legal capacity accorded to legal persons under their laws.

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40
Q

In which languages should the application for an EU trademark be filled?

A

English, French, German, Italian, and Spanish.

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41
Q

What is the organizational structure of the office like?

A

The office has its bodies, executive director and management board.

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42
Q

What is the European Community plant variety office?

A

An EU agency responsible for the management of the community plant variety right system.

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43
Q

What is the organizational structure of the European Community plant variety office like?

A

The office has its bodies, the president and the administrative council. One or two Boards of Appeal may be established within the office.

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44
Q

What is the implementation of EU law by the agencies from the point of view of Member States?

A

It is an expression of the centralization of the process of administrative law enforcement at the EU level.

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45
Q

What are agencies set up to manage sometimes?

A

They are set up to manage the exchange of information between national authorities or to collect information from national authorities organized in the form of a European Network.

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46
Q

What do European networks express?

A

They express links within a multi-level EU administration between the EU and national levels reflecting characteristic methods of administrative law enforcement in EU.

47
Q

What are the agencies created to ensure within the framework of the so-called integrated administration?

A

They are created to ensure the effective implementation of EU policies in an increasingly complex context of regulatory actions.

48
Q

When were created the first European agencies?

A

In the 1970s.

49
Q

When was the next stage of the creation of European agencies?

A

In the 1990s.

50
Q

When was the third stage of the creation of European agencies?

A

It falls on the last decade

51
Q

Define European agencies.

A

They can be defined as bodies established on the basis of secondary legislation; bodies with legal personality having their own administration and equipped with their own competences, financially in abandoned and entrusted with tasks covered by EU competence.

52
Q

On what principle do European agencies perform tasks entrusted to EU institutions under the treaties?

A

On the principle of delegation of powers.

53
Q

What are executive agencies?

A

Agencies whose task is to support the European Commission in the implementation of EU financial support programs.

54
Q

What are regulatory agencies?

A

Agencies actively involved in the implementation of EU law by issuing instruments contributing to the regulation of a given sector.

55
Q

Are there agencies with decision-making competences?

A

Yes, but they still remain in the minority.

56
Q

How do agencies contribute to regulation of a given sector?

A

By preparing scientific opinions which are an indispensable prerequisite for the European Commission to take an administrative decision or are an important point of reference for the development of binding legal regulations.

57
Q

Who manages the agency’s work?

A

Executive director, sometimes called administrative director; appointed by the board.

58
Q

Can the agency include other bodies in addition to the director and board?

A

Yes.

59
Q

Which agencies have appeal boards?

A

Agencies with decision-making competences.

60
Q

What is the characteristic feature of the agencies as an element of the so-called integrated EU administration?

A

The agencies often coordinate the activities of the Member States in a given field.

61
Q

Who adopts the procedural rules for the operation of European agencies?

A

The competent bodies of the agency.

62
Q

How is the transparency of the activities of the European agencies guaranteed?

A

It is guaranteed by treaty provisions and specific provisions included in legislative acts, establishing an EEO agency.

63
Q

Who appoints the executive director of the agency?

A

Representatives of the member states and the European Commission as part of the board of directors.

64
Q

Who exercises the financial control over the agencies?

A

The European Commission and the Court of Auditors.

65
Q

Who is responsible for the implementation of the budget?

A

The executive director.

66
Q

Who gives the executive director the discharge of budget implementation?

A

The European Parliament on a recommendation from the Council.

67
Q

Who exercises the instance control in case of agencies that have competences to issue administrative proceedings?

A

Appeal committees or appeal bodies established within the agency structures.

68
Q

To whom may be appealed the agency’s decisions once the appeal procedure in the agency has been exhausted?

A

To the Court of Justice of the EU, namely the general court.

69
Q

Who may bring direct complaints against decisions of the agencies to the General Court?

A

Member states and EU institutions.

70
Q

What do state agencies have in each member?

A

They have the legal capacity and to the fullest extent granted by the national legislation to legal persons and they may acquire or dispose of movable and immovable property and stand in proceedings represented by the executive director or president of the agency.

71
Q

Who has the jurisdiction to resolve disputes arising from agreements concluded by agencies?

A

The Court of Justice of the EU.

72
Q

On what basis may the Court of Justice of the EU have jurisdiction to resolve disputes arising from agreements concluded by agencies?

A

By virtue of the arbitration clause contained in the contracts concluded by agencies.

73
Q

Where is located the European Union intellectual property office?

A

Alicante, Spain.

74
Q

What is the founding regulation establishing the intellectual property office?

A

The founding regulation was adopted by the Council of the EU in December 1993. and revised on two occasions in the year 2009 and in the year 2015.

75
Q

How is the European trademark formerly knows?

A

As the community trademark.

76
Q

What regulation created the Community Design?

A

Council Regulation of 12 December 2001.

77
Q

Who represents the EU intellectual property office?

A

The executive director.

78
Q

How is governed the contractual liability of the office?

A

It is governed by the law applicable to the contract in question.

79
Q

Explain the procedure of application for an EU trademark.

A

..

80
Q

What are the tasks of the EU intellectual property office?

A
  • promoting convergence of practices and tools in the fields of trademarks and designs in cooperation with central industrial property office. - tasks resulting from EU legal acts regarding intellectual property. - administration and promotion of the European design system established in Council regulation on community designs. - observatory on infringement of intellectual property rights. - the tasks conferred under the directive of the European Parliament and of the Council on certain permitted uses of orphan work.
81
Q

Who represents the office for the purpose of concluding the contract with the Executive Director?

A

The chairperson of the management board.

82
Q

Explain the tasks of the Executive Director of the intellectual property office.

A
  • taking all necessary steps including the adoption of internal administrative instructions and the publications of notices to ensure the functioning of the office - implementing the decisions adopted by the management board preparing a draft annual work program indicating estimated human and financial resources for each activity and submitting it to the management board after consultation of the Commission - preparing a draft multi-annual strategic program - including the offices strategy for international cooperation and submitting it to the management board
83
Q

Who may assist the members of the management board?

A

Advisors or experts.

84
Q

Who is the Deputy Chairperson in the management board?

A

The person who shall ex officio replace the chairperson in the vent of his being prevented from attending to his duties.

85
Q

Explain the tasks of the management board of the intellectual property office.

A
  • adopting the annual work program of the office for the coming year - taking into account the opinion of the Commission - forwarding the adopted annual work to the Parliament, to the Council and to the Commission - adopting the multi-annual strategic program for the office, including the office’s strategy for international cooperation - adopting rules on the prevention and management of conflicts on interest in the office - define and coordinate projects of interest of the Union and the Member States regard to the areas of the intellectual property
86
Q

What are the bodies of the office responsible for its functioning, except for the general bodies?

A
  • examiners - opposition division - a department in charge of the register - a cancellation division - boards of Appeal
87
Q

What is an examiner responsible for?

A

For taking decisions on behalf of the office in relation to an application for registration of an EU trademark.

88
Q

What is the opposition division responsible for?

A

For taking decisions on an opposition to an applicant to register an EU trademark.

89
Q

What is the department in charge of register responsible for?

A

For taking decisions in respect of entries in the register.

90
Q

What is the cancellation division responsible for?

A

For taking decision in relation to applications for the revocation or declaration of invalidity of an EU trademark and requests for the assignment of EU trademark as provided for in article 21 of the founding regulation.

91
Q

What are the boards of Appeal responsible for?

A

For deciding on appeals from decisions taken on the basis of the funding regulation.

92
Q

On what basis are administrative proceedings established in the EU?

A

On a sectoral basis.

93
Q

How shall the office limit its examination in invalidity proceedings?

A

To the grounds and arguments submitted by the parties.

94
Q

What shall include the means of giving or obtaining evidence in any proceedings before the office?

A
  • hearing the parties - requests for information -the production of documents and items of evidence - hearing witnesses - hearing opinions by experts
95
Q

When can the decision of the office be given orally?

A

When all proceedings are held before the office, but subsequently the decision shall be notified in writing to the parties.

96
Q

When has to be filed the notice of appeal on the decision of the office?

A

Has to be filed in writing within two months of the date of notification of the decision in question, if the decision is open to appeal.

97
Q

In terms of legal certainty, which provisions are of particular importance?

A

The provisions on revocation of decisions, where the office has made an entry in the register or taken the decision which contains an obvious parallel attributable to the office.

98
Q

How can cancellation or revocation be determined?

A

Ex officio or at the request of one of the parties to the proceedings or by the department which made the entry and took the decision.

99
Q

When shall the cancellation of the entry in the register or the revocation of decision be effected within?

A

Within one year of the date on which the entry was made in the register or the decision was taken after consultation with the parties to the proceedings and any proprietor of rights to the EU trademark in questions that are entered in the register.

100
Q

What happens when an appeal has been filed against the decision of the office containing an error?

A

The appeal proceedings shall become devoid of purpose a provocation by the office of its decision.

101
Q

On what grounds may the action before the General Court against decisions of the boards of Appeal in relation to appeals be brought?

A

On grounds of lack of competence; infringement of an essential procedural requirement; infringement of the treaty on the functioning of the European Union; infringement of the founding regulation or any rule of law relating to their application or misuse of power.

102
Q

When shall the action be brought before the General Court?

A

Within two months of the date of notification of the decision of the board of Appeal.

103
Q

By which regulation was the European Community plant variety office created?

A

By the Council regulation 2100/94.

104
Q

Who represents the European Community plant variety office?

A

The president.

105
Q

What are the tasks of the president of the European Community plant variety office?

A
  • adoptions of internal administrative instructions and the publications of notices to ensure the functioning of the office in accordance with the provisions of the founding regulation - submission of a management report to the Commission and administrative council each year - application of the staff regulations and conditions of employment to the staff of the office - to place before the Administrative Council draft amendments to the founding regulation and any other rules applying the community plant variety rights
106
Q

What are the functions of the Administrative Council of the European Community plant variety office?

A
  • it shall advise on matters for which the office is responsible or issue general guidelines in this respect - it shall examine the management report of the president - monitor the office’s activities on the basis of that examination and any other information obtained - it may establish roles on working methods of the office - it might deliver opinions to and require information from the office or the Commission - it shall carry out its functions relating to the office’s budget
107
Q

Who sits in the Board of Appeals of the European Community plant variety office?

A

A chairman and two other members.

108
Q

When can the members of the Board of Appeals of the European Community plant variety office be removed and by whom?

A

If there are serious grounds for such removal; by the Court of Justice of the EU on application by the Commission and after obtaining the opinion of the Administrative Council.

109
Q

Can the European Community plant variety office avail itself to the services of other bodies regarding the arrangement of technical examinations?

A

Yes.

110
Q

Explain the procedure of application for a community plant variety right.

A

…

111
Q

On which grounds shall the decisions of the European Community plant variety office be based?

A

They shall be based only on grounds or evidence on which the parties to the proceedings have had an opportunity to present their comments orally or in writing.

112
Q

Are oral proceeding before the European Community plant variety office?

A

They shall not be public with the exception to the oral proceedings before the port of appeal.

113
Q

On what grounds may the action against the suggestions of the boards of appeal of the European Community plant variety office be brought before the General Court?

A

On the ground of lack of competence; infringement of an essential procedural requirement; infringement of the treaty; infringement of the founding regulation or any other rule relating to their application or misuse of power.

114
Q

When shall the action before the General Court be brought within?

A

Within two months of the date of service of the decision of the board of Appeal.

MIP EU Law (9 decks)

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