Pick any Business Law Case and write a 4 Page paper including a Work Essay

Pick any Business Law Case and write a 4 Page paper including a Work Cited Page - Essay Example The facts of the case were simple, Pinnacle Entertainment Inc, a Delaware corporation possessing 97% interest on Belterra Resort Indiana, transferred the title and possession of a riverboat to Belterra Resort Indiana. Pinnacle acquired the remaining 3% interest on Belterra in August of 2001. The Indiana Departments of Revenue conducted an audit of sales tax and use tax of Belterra in 2002 and proclaimed in its assessment that Belterra owed tax amounting to $1,869,783 plus interest and penalty, for acquisition of the riverboat. Belterra protested against the assessment of the Department and the Department after hearing the matter, issued a letter of findings denying the letter of protest. Belterra filed an appeal with the Indiana Tax Court. Both the parties filed for summary motion. The court in Belterra Resort Ind, LLC v. Ind. Dep’t of State Revenue, 900 N.E. 2d 513, 517 granted Belterra’s motion for summary judgment and reasoned that Belterra was not liable for use tax on its acquisition of the river boat due to the fact that the transaction was a contribution to the capital and not the result of a retail transaction (â€Å"Indiana Department of Revenue†). The Revenue Department was not satisfied with this judgment and this led to the case in hand, which was filed in the Supreme Court of Indiana. The problems which the Supreme Court had to sort out before moving with the case were numerous. Firstly, reaching a conclusion that whether the transfer of the river boat from the parent company (Pinnacle) to its subsidiary company (Belterra) was a â€Å"retail transaction† under the Indiana code section 6-2.5-3-2(a), as because the use tax can be imposed on Belterra for the riverboat only when it was acquired under retail transaction (Indiana Department of Revenue v. Belterra Resort). Secondly, the court had to determine whether the riverboat was obtained with or without consideration. Belterra argued that when no consideration was given f or the riverboat, the transaction was not a retail transaction, as  § 6-2.5-4-1(b)(2) states, â€Å"[a] person is engaged in selling retail when†¦he†¦ transfers that property to another person for consideration† (Indiana Department of Revenue v. Belterra Resort ). Thirdly, in the instant case the other critical legal issue was to find out, whether capital contribution by itself meant transfer of property without consideration. Belterra cited Grand Victoria Casino & Resort, LP v. Ind. Department of State Revenue, 789 N.E.2d 1041 to support his contention that capital contribution without consideration gave exemption from taxes (Rucker 827). Fourthly, the court had to determine whether there was exchange of some form of consideration other than cash in between Pinnacle and Belterra. The problem was to get an answer to the questions that â€Å"Was there any other benefit inuring to Pinnacle?† or â€Å"Was there some detriment borne by Belterra?† (Rucker 828). Fifthly, the court had to determine whether the presence of consideration in a transaction is enough to make it a retail sale. Justice Boehm states, â€Å"‘consideration’ is a necessary but not a sufficient condition to render a transaction ‘Selling at retail’† (Rucker 829). This however was contradictory to what Justice Rucker opined before. In the former context it was stated that when capital contribut

Economics and monopoly introduction Essay Example for Free

Economics and monopoly introduction Essay Characteristics: Single seller: One firm produces all the output of a particular product No close substitutes: Product is unique and if consumers want to buy it they must buy from the monopolist. Price maker: Since the monopolist is the sole supplier of the product, it can change the price by changing output. The firm faces a downward sloping demand curve, so increasing output lowers the price, decreasing output increases the price. The firm will set a price that maximizes its profits. Blocked entry: Entry to the market is totally blocked, meaning the firm has no immediate competitors. Barriers to entry may be economies of scale, legal, technological or another type. Nonprice competition: Since it has no competitors a monopolist cannot compete on price. Therefore, to attract new consumers the firm must engage in non-price competition such as advertising and public relations campaigns to promote its products attributes. Examples of Monopolies? www. welkerswikinomics. com 3 Unit 2. 3. 3 Pure Monopoly Monopoly Demand as seen by a Monopolist. Three assumptions: 1) Entry is totally blocked 2) The monopolist is unregulated by any government so can charge whatever price it wants. 3) The firm is a single price seller. It sells all units of output at the same price. †¢ A monopolist faces a downward sloping Demand curve. The firm D curve is the market D curve! †¢ A monopolist can sell additional output only by lowering its price (due to the law of demand). †¢ A monopolist must lower the price of all of its output, not just the marginal units, since it is a single-price seller. †¢ As a result, as output increases, the firms marginal revenue falls faster than the price. www. welkerswikinomics. com 4 Unit 2. 3. 3 Pure Monopoly Monopoly Demand as seen by a Monopolist Demand and Marginal Revenue Q 0 1 P1 2 3 4 5 P2 6 7 8 9 P3 10 P 172 162 152 142 132 122 112 102 92 82 72 TR=PxQ) 0 162 304 426 528 610 672 714 736 738 720 Demand and MR for a Monopolist P MR=? TR/? Q P1 P2 P3 D=AR=P Q1 Q2 Q3 Q MR Based on the above graph, over which range of output would a monopolist NEVER produce? Why? What information is needed to determine the profit maximizing level of output for this monopolist? www. welkerswikinomics. com 5 Unit 2. 3. 3 Pure Monopoly Monopoly Demand as seen by a Monopolist Elasticity and the monopoly Demand curve: †¢ Identify the elastic range of the demand curve. †¢ Identify the inelastic range of the demand curve. P Demand and MR PED1 P1 PED=1 Question: Why wont a monopolist ever produce at a level of output where it is in the inelastic range of its demand curve?

Exhaustion Online with regard to Database in the EU

Exhaustion Online with regard to Database in the EU Sandro Sandri   EXHAUSTION Before explaining exhaustion online with regard to database in the European  Union, we should first start by explaining what exhaustion in an Intellectual Property  context is. 1. a) Definition The exhaustion of intellectual property rights is one of the limits of Intellectual  Property (IP) Law. After a product has been sold under the authorization of the IP owner,  the reselling, rental, lending and other third party commercial uses of IP-protected goods in  domestic and international markets is protected by the principle. Once a product is covered  by an IP right, such as by a patent right, has been sold by the Intellectual Property right  owner or by others with the consent of the owner, the Intellectual Property right is said to  be exhausted. It can no longer be exercised by the owner. This limitation is also referred to  as the Exhaustion Doctrine or First Sale Doctrine. For example, if an inventor obtains a  patent on a new kind of umbrella, the inventor (or anyone else to whom he sells his patent)  can legally prohibit other companies from making and selling this kind of umbrella, but  cannot prohibit customers who have bought this umbrella from the patent owner from  reselling the umbrella to third parties. There is a fairly broad consensus throughout the  world that this applies at least within the context of the domestic market. This is the  concept of National Exhaustion. However, there is less consensus as to what extent the  sale of an Intellectual Property protected product abroad can exhaust the IP rights over this  product in the context of domestic law. This is the concept of Regional exhaustion or  International Exhaustion. The rules and legal implications of the exhaustion largely differ  depending on the country of importation, i.e. the national jurisdiction.   The paternity of the exhaustion theory is ascribed to the German jurist Joseph  Kohler.2 The word  ´exhaustion` seems, however, to have been first used by the German  Reichsgreicht in a number of judgments in the early years of the twentieth century. In a  judgment of 26 March 1902 the Reichsgericht held, for example, that the effect of the  protection conferred by a patent (i.e. the exclusive right to manufacture products covered  with regard to Database in the European Union  by the patent and to put them on the market) was exhausted by the first sale.3 In other  words, once the patent holder had transferred legal ownership of goods made in  accordance with the patent, by selling them to another person, he lost the power to control  the further destiny of those goods subsequently. 1. b) Exhaustion in the European Union   The European Court of Justice (ECJ) has taken serious steps to harmonize the rules  of a Community-wide/regional exhaustion doctrine in the field of copyright law since the  1970s. Schovsbo called the harmonization by the ECJ as 1.-phase development of  exhaustion or negative harmonization, and the creation of directives by the competent  bodies of the EEC (and later the EU) as 2.-phase development or positive  harmonization. The first-ever decision on the exhaustion of distribution rights was handed over in  the famous Deutsche Grammophon case. Here, the ECJ based its decision on different  objectives of the EEC Treaty: the prohibition of partitioning of the market, free movement  of goods, as well as the prohibition of distortions of competition in the common market.   The European Court of Justice highlighted that prohibitions and restrictions on trade  might be applied by Member States, also in cases of copyright law, if they do not constitute  a means of arbitrary discrimination or a disguised restriction on trade between Member  States6. Based upon these, the European Court of Justice concluded that [i]f a right related  to copyright is relied upon to prevent the marketing in a Member State of products  distributed by the holder of the right or with his consent on the territory of another  Member State on the sole ground that such distribution did not take place on the national  territory, such a prohibition, which would legitimize the isolation of national markets,  would be repugnant to the essential purpose of the Treaty, which is to unite national  markets into a single market. That purpose could not be attained if, under the various legal  systems of the Member States, nationals of those States were able to partition th e market  and bring about arbitrary discrimination or disguised restrictions on trade between Member  States. Consequently, it would be in conflict with the provisions prescribing the free movement of products within the common market for a manufacturer of sound recordings to exercise the exclusive right to distribute the protected articles, conferred upon him by  the legislation of a Member State, in such a way as to prohibit the sale in that State of  products placed on the market by him or with his consent in another Member State solely  because such distribution did not occur within the territory of the first Member State.7  In the EU, the principle of exhaustion of IP rights is as follows. The holder of an  Intellectual Property right loses his absolute right with the first sale in the EU territory. In  other words, the first commercialization of a good in a territory of the European Union  made by the holder of an industrial property right, or by a legitimate licensee, has as a  consequence that that good may freely circulate in Europe, and the legitimate IP holder  may not oppose the successive acts of reselling. Using the wording of the Centrafarm Case:   It cannot be reconciled with the principles of free movement of goods under the  provisions of the Treaty of Rome if a patentee exercises his rights under the legal  provisions of one Member State to prevent marketing of a patented product in said State  when the patented product has been brought into circulation in another Member State by  the patentee or with his consent Again, this is a good example of the function of the law  as a system to solve conflicts: on one side the traditional principle of territoriality of IP  rights; on the other side the aspiration to a common market in favour of international  trade. The aim of the exhaustion theory is to strike a balance between the free movement  of goods on the one hand, and the proprietors exercise of exclusive intellectual property  rights to distribute his goods on the other hand. The holder of an IP right holds therefore   the right to choose where, under which conditions and at which price his goods are put on  the market for the first time. No need to say that international exhaustion allows parallel  imports. The theory of exhaustion obviously improved in the course of time. In order to be  applicable, various conditions have to be met. It requires the consent of the legitimate  holder (consent that may be express or implied). And it also requires that the legitimate  holder receives, with the first sale, a reasonable remuneration. Depending on the  jurisdiction concerned, one often distinguishes between national exhaustion and  international exhaustion. In the European Union the term regional exhaustion is  frequently used. Regional exhaustion, in the EU member States, means that IP rights are  considered exhausted for the territory of the EEA when the product has been put on the  market in any of the EEA Member States.   Once the principle of exhaustion was established, the EU Law incorporated it in  regulations, directives and conventions. For example, art. 7 n. 1 of the First Council  Directive of 21 December 1988 to approximate the laws of the Member States relating to  trade marks (89/104/EEC states that The trade mark shall not entitle the proprietor to  prohibit its use in relation to goods which have been put on the market in the Community  under that trade mark by the proprietor or with his consent9. Art. 13 of the Council  regulation (EC) n. 207/2009 of 26 February 2009 on the Community trade mark states that   A Community trade mark shall not entitle the proprietor to prohibit its use in relation to  goods which have been put on the market in the Community under that trade mark by the  proprietor or with his consent10.   The Information Society Directive (Directive 2001/29/EC) on the harmonization  of certain aspects of copyright and related rights in the information society refers to this  principle in paragraph 28 and 29. The Directive is a little old in relation to the high speed  of technology, but is still there.11   1. c) The principle of exhaustion in EU Case Law   In Germany, the German Supreme Court (BGH) has repeatedly acknowledged the  exhaustion principle as a precautionary principle for the entire IP law (BGH, 22 January  1964, Maja Case; BGH, 10 April 1997, Sermion II Case).   In France a large number of decisions were reported to deal with the exhaustion  principle (Commercial Chamber of the Court of Cassation, 9 April 2002 n ° 99/15428,   Cass. Com., 20 February 2007, n ° 05/11088; Cass. Com., 26 February 2008, n ° 05/19087;   Cass. Com., 7 April 2009, n ° 08/13378; CA Paris, 15 June 2011, n ° 2009/12305).   In Austria the principle of exhaustion within the EU was applied even before it was  explicitly mentioned in the Austrian Trade Mark Act (Austrian Supreme Court October 15,  1996).   9 89/104/EEC First Council Directive of 21 December 1988 to approximate the laws of the Member States  relating to trade marks   10 COUNCIL REGULATION (EC) No 207/2009   11 Directive 2001/29/EC   Exhaustion Online with regard to Database in the European Union 2- DATABASE   The protection of electronic databases was first considered by the EC Commission  in the 1998 Green Paper. An initial proposal was adopted on January 29, 1992, and was  greeted, at least in the United Kingdom (which has the largest database industry in the  Community) by a considerable degree of opposition, due to the perceived reduction in  protection for many factual and numerical databases.12   Regarding the concept of database, we should say that it is a collection of  independent works, data or other materials arranged in a systematic or methodical way and  individually accessible by electronic or other means which can include literary, artistic,  musical or other collections of works or collections of other material such as texts, sound,  images, numbers, facts.13 Databases in the European Union are regulated through Directive  96/9/EC, also known as the Database Directive. It is an European Union Directive in the  field of Intellectual Property Law, made under the internal market provisions of the Treaty  of Rome. It harmonizes the treatment of databases under copyright law and the sui generis  right for the creators of databases which do not qualify for copyright.   The exhaustion principle does not allow the reproduction of data. The German  Supreme Court has confirmed this: it held that if there is extraction of a substantial part of  the database, there is no exhaustion as exhaustion covers the right of distribution and not  extraction.14 Online electronic databases cannot benefit from the exhaustion principle. The  database must have been sold. If it is given free of charge, the principle of exhaustion does  not apply. The CJEU held this to be so in the field of trademarks in Peak Holding v Axolin-  Elinor and later confirmed it in LOreal v eBay.15 There is no reason why these decisions  would not apply here by analogy as the term used in Article 7(2)(b) is sale. The same  applies to Article 5(c) in the copyright chapter of the Database Directive.   Article 7 furthermore specifies acts of temporary or ephemeral copying as  extraction.112 In contrast to the initial draft, which required a commercial intention,   12 E.C. Intellectual Property Materials, Sweet Maxwells, 1994, 1 (F) Amended Proposals of 4 October 1993  for a Council Directive on the legal protection of databases (COM (93) 464 final SYN 393) [1993] O.J.  C308/1, p. 36 13 Article 7(1) DDir (96/9/EC)   14 Marktstudien (Market Surveys), 21 April 2005, Case I ZR 1/02[2005] GRUR 940; [2006] IIC 489   15 Case C-16/03 Peak Holding v Axolin-Elinor [2004] ECR I-11313 and Case C-324/09 LOreal v eBay [2011]   ETMR 52   Exhaustion Online with regard to Database in the European Union  consent is required for loading a database into a computer RAM, as this will copy the entire  database. The consequences of prohibiting acts of temporary or even ephemeral copies   such as caching is an inconsistency between online and offline databases. Whereas an  offline database such as a CD-ROM or a smaller database technically requires RAM  storage of a substantial part, accessing a large online database normally merely requires the  copy of the entries accessed to be copied.16   Exhaustion only applies to databases in tangible format. If someone lawfully  acquired a tangible copy of the databases, the right holder will not be able to control its  resale within the European Union. However, in two cases, there will arguably not be  exhaustion. The reason is the use of the narrow word sale and resale. First, there will not  be exhaustion when the right holder gave rather than sold the database. In this case, the  right to control distribution remains. Thus, the sale of a copy of a database distributed  freely by the maker, may infringe.17 The second case is when the purchaser wishes to give  the database instead of reselling it. It seems that, in that case, the gift of the database by the  person who acquired it can also be controlled by the right holder.   It must be noted that, in a recent case, 18the Versailles Court of Appeal surprisingly  held that, for a database producer to benefit from her rights of extraction and reutilization,  she must have asserted it previously, before any infringement act is committed. The  mention of the interdiction to extract or reutilize contents from the database becomes a  condition of opposability of the sui generis right granted to the database maker by Article L.  342-2 of the IPC. The claimant lost her case since she did not make such mention on the  website she created. This decision seems to add a condition which does not exist in the  Directive. The sui generis right is not dependant on any formality.   Two German courts held that the creation of deep links is not an infringement of  the sui generis right19. This is not surprising since it is difficult to see how a deep link is an act  of extraction or reutilization.   Under Article 3, databases which, by reason of the selection or arrangement of  their contents, constitute the authors own intellectual creation are protected by copyright  16 Guido Westkamp, Protecting databases under US and European law methodical approaches to the  protection of investments between unfair competition and intellectual property concepts, 2003   17 Bently Sherman 2004, p. 303   18 Rojo R. v Guy R., CA Versailles, 18 November 2004, available on http://www.legalis.net.   19 SV on line GmbH v Net-Clipping, OLG Munich, 9 November, 2000 [2001] ZUM 255; Handelsblatt v Paperboy,   OLG Cologne, 27 October 2000 [2001] ZUM 414; BGH, 17 July 2003 [2003] Cri.   as collections: no other criterion may be used by Member States. This may be a relaxation  of the criterion for protection of collections in the Berne Convention for the Protection of  Literary and Artistic Works,[2] which covers collections of literary and artistic works and  requires creativity in the selection and arrangement of the contents: in practice the  difference is likely to be slight. Any copyright in the database is separate from and without  prejudice to the copyright in the entries.   Copyright protection is not available for databases which aim to be complete,  that is where the entries are selected by objective criteria: these are covered by sui  generis database rights. While copyright protects the creativity of an author, database rights  specifically protect the qualitatively and/or quantitatively [a] substantial investment in  either the obtaining, verification or presentation of the contents: if there has not been  substantial investment (which need not be financial), the database will not be protected  [Art. 7(1)]. Database rights are held in the first instance by the person or corporation which  made the substantial investment, so long as: the person is a national or domiciliary of a  Member State or the corporation is formed according to the laws of a Member State and  has its registered office or principal place of business within the European Union.   The holder of database rights may prohibit the extraction and/or re-utilization of  the whole or of a substantial part of the contents: the substantial part is evaluated  qualitatively and/or quantitatively and reutilization is subject to the exhaustion of rights.   Public lending is not an act of extraction or re-utilization. The lawful user of a database  which is available to the public may freely extract and/or re-use insubstantial parts of the  database (Art. 8): the holder of database rights may not place restrictions of the purpose to  which the insubstantial parts are used. However, users may not perform acts which  conflict with normal exploitation of the database or unreasonably prejudice the legitimate  interests of the maker of the database, nor prejudice any copyright in the entries. The  same limitations may be provided to database rights as to copyright in databases (Art. 9):  extraction for private purposes of the contents of a non-electronic database; extraction for  the purposes of illustration for teaching or scientific research, as long as the source is  indicated and to the extent justified by the non-commercial purpose to be achieved;  extraction and/or re-utilization for the purposes of public security or an administrative or  judicial procedure. Database rights last for fifteen years from the end of the year that the database was  made available to the public, or from the end of the year of completion for private  databases (Art. 10). Any substantial change which could be considered to be a substantial  new investment will lead to a new term of database rights, which could, in principle, be  perpetual. Database rights are independent of any copyright in the database, and the two  could, in principle, be held by different people (especially in jurisdictions which prohibit  the corporate ownership of copyright): as such, database rights can be compared to the  rights of phonogram and film producers.20   3- CONCLUSION The idea of digital first sale doctrine imploded into the mainstream copyright  discussion only a few years ago, although it has already been discussed for almost two  decades. The problem was reflected by academia, case law and legislature as well. Although  notable sources take the view that the concept of digital exhaustion deserves support, the  majority of commentators refused to accept this idea. Likewise, legislative proposals that  were submitted to the German Bundestag and the Congress of the United States, were  ultimately refused by the relevant national parliaments (or were not even discussed by them).   Under the traditional, positivist vision of copyright law, any similar ideas are condemned to  death at the moment, especially in the light of the WCT Agreed Statement. Similarly, the  CJEUs constructive interpretation of the international and regional copyright norms led to  flawed argumentation. However, significant economic, social and technological arguments  support the view that it is time to reconsider at international legislative level.   It looks like it is time to adapt the principle of exhaustion on an online perspective.  Technology goes faster than law, so when the law goes a step forward, a new problem  arises. Streaming and cloud computing are good examples. The majority of Reports  acknowledge the problems, and underline various aspects. The first is that the principle of  exhaustion of intellectual property rights was elaborated and developed in a time when  goods and services were mainly material and sold and distributed through material and  traditional channels. This approach is overturned by the new technologies. The second is  that it is no longer possible to distinguish, as far as the principle of exhaustion is  concerned, but also in general, among industrial property and intellectual property.   Copyright is expanding. The third is that it is more and more difficult to separate and  distinguish traditional industry and online industry as well as material and immaterial goods   20 Intellectual Property Law, Trevor Cook, 2010   Exhaustion Online with regard to Database in the European Union  and services. The majority of the Reports are of the opinion that on-line infringement of  intellectual property rights is normally dealt with the ordinary rules of civil procedure, and  that there is no particular necessity of elaborating new ones. The difficulties of enforcing  decisions abroad against foreign on line infringers in copyright cases are the usual ones,  common in the legal praxis when a decision must be enforced against foreign infringers.21  Dennis S. Karjalas thoughts serve as a great point to finish with. He stressed that  either we believe in the first-sale doctrine in the digital age or we do not. If we no longer  believe in it, we should discard it openly and not through verbal gymnastics interpreting the  definition of copy for the purposes of the statutes reproduction right. Nor should our  definition of copy force systems engineers into unduly intricate or artificial designs simply  to protect the right of the owner of a copy of a music file to transfer that file, provided that  no copies derived from the transferred file are retained.22   21 To what extent does the principle of exhaustion of IP rights apply to the on-line industry? Avv. Prof.   Vincenzo Franceschelli, 2014.   22 Dennis S. Karjala: Copying and Piracy in the Digital Age, Washburn Law Journal, 2013: p. 255.   Exhaustion Online with regard to Database in the European Union   BIBLIOGRAPHY à ¯Ã¢â‚¬Å¡Ã‚ · Bently Sherman 2004, p. 303 à ¯Ã¢â‚¬Å¡Ã‚ · David T. Keeling, Intellectual Property Rights in EU Law Volume 1 à ¯Ã¢â‚¬Å¡Ã‚ · Dennis S. Karjala: Copying and Piracy in the Digital Age, Washburn Law Journal, 2013 à ¯Ã¢â‚¬Å¡Ã‚ · Guido Westkamp, Protecting databases under US and European law methodical approaches to the protection of investments between unfair competition and intellectual property concepts, 2003 à ¯Ã¢â‚¬Å¡Ã‚ · Jens Schovsbo: The Exhaustion of Rights and Common Principles of European Intellectual Property Law. à ¯Ã¢â‚¬Å¡Ã‚ · Sweet Maxwells, E.C. Intellectual Property Materials à ¯Ã¢â‚¬Å¡Ã‚ · T. de las Heras Lorenzo, El agotamiento del derecho de marca, Editorial Montecorvo, Madrid, 1994, p. 47; à ¯Ã¢â‚¬Å¡Ã‚ · Trevor Cook, Intellectual Property Law, 2010 à ¯Ã¢â‚¬Å¡Ã‚ · Vincenzo Franceschelli, To what extent does the principle of exhaustion of IP rights apply to the on-line industry? 2014. à ¯Ã¢â‚¬Å¡Ã‚ · Centrafarm B.V. and Adriaan de Peijper v. Sterling Drug Inc., in 6 IIC 102 (1975). à ¯Ã¢â‚¬Å¡Ã‚ · 89/104/EEC First Council Directive of 21 December 1988 to approximate the laws of the Member States relating to trade marks à ¯Ã¢â‚¬Å¡Ã‚ · Deutsche Grammophon Gesellschaft mbH v Metro-SB-Großmà ¤rkte GmbH Co. KG. 8 June 1971, European Court Reports à ¯Ã¢â‚¬Å¡Ã‚ · Guajakol-Karbonat RGZ 51, 139. à ¯Ã¢â‚¬Å¡Ã‚ · LOreal v eBay à ¯Ã¢â‚¬Å¡Ã‚ · Marktstudien (Market Surveys), 21 April 2005, Case I ZR 1/02[2005] GRUR 940; [2006] IIC 489 à ¯Ã¢â‚¬Å¡Ã‚ · Peak Holding v Axolin-Elinor à ¯Ã¢â‚¬Å¡Ã‚ · Rojo R. v Guy R., CA Versailles, 18 November 2004, available on à ¯Ã¢â‚¬Å¡Ã‚ · COUNCIL REGULATION (EC) No 207/2009 à ¯Ã¢â‚¬Å¡Ã‚ · Directive 2001/29/EC à ¯Ã¢â‚¬Å¡Ã‚ · International Exhaustion and Parallel Importation 1 International Exhaustion and Parallel Importation http://www.wipo.int/sme/en/ip_business/export/international_exhaustion.htm 2 T. de las Heras Lorenzo, El agotamiento del derecho de marca, Editorial Montecorvo, Madrid, 1994, p. 47; F.-K.   Beier,  ´Grenzen der Erschà ¶pfungslehre im Markenrecht; zur Beurteilung des Vertriebs umgepackter und neu  gekennzeichtner Originawaren in den Là ¤ndern der Europà ¤ischen Wirtschaftsgemeinschaft.   Exhaustion Online   3 Guajakol-Karbonat RGZ 51, 139. 4 Intellectual Property Rights in EU Law Volume 1, David T. Keeling, p. 75-76 5 Jens Schovsbo: The Exhaustion of Rights and Common Principles of European Intellectual Property Law. In: Ansgar Ohly: Common Principles of European Intellectual Property Law, Mohr Siebeck, Tà ¼bingen, 2010: p. 170. 6 Case 78/70 Deutsche Grammophon Gesellschaft mbH v Metro-SB-Großmà ¤rkte GmbH Co. KG., 8 June 1971, European Court Reports, 1971: pp. 499 500., para. 5-11. Compare to Article 36 of the EEC Treaty. On the application of Article 36 of the EEC Treaty see: Nial Fennelly: Rules and Exceptions: Freedom of Movement and Intellectual Property Rights in the European Union. In: Hugh C. Hansen: International Intellectual Property Law Policy, Volume 5, Juris Publishing, Huntington, 2003: pp. 33-4 33-11. Exhaustion Online with regard to Database in the European Union 7 Case 78/70, supra note 64, p. 500., para. 12-13.   8 verbatim Centrafarm B.V. and Adriaan de Peijper v. Sterling Drug Inc., in 6 IIC 102 (1975).   Exhaustion Online with regard to Database in the European Union  

Religious Themes in Oryx and Crake Essay -- World Literature Religion

Religious Themes in Oryx and Crake It is in these representations of Snowman that I believe Atwood is making a definitive statement as to whether God created man or whether man creates God. Undoubtedly Atwood is suggesting that man inevitably, despite of himself, creates God, with or without outside assistance. It seems that throughout the novel there is an extended metaphor of Snowman as various figures from the Christian bible. The first figure that Snowman can be said to represent is that of Adam, the first man, though the similarities between the two characters do not follow the same chronology. Just as Adam is given the animals as companions to look over, similarly Crake has ensured that the Crakers and Jimmy are both left in the newly re-created world as companions. Another strong resemblance and play on words can be observed in the Christian story of original sin and Crake's mass destruction of humanity. In Genesis, God sets aside one fruit tree and commands Adam not to touch or eat from it, as a result of Adam's betrayal, God casts him out of paradise, and forces hardship on him for the rest of his days. Likewise, Jimmy is fully cognizant the first time he meets Oryx that she is off limits to him, yet his betrayal of Crake ultimately results in his leaving Paradice and forces various hardships on him. Lastly, in the Snowman-as-Adam device, there is a realization that the companions which have been assigned by a higher power are insufficient, and the following desperate need for companions that are closer on the evolutionary chain. For Adam, this companion was Eve. Throughout Atwood's novel Snowman is absolutely desperate for some companion, someone more understanding than the Crakers, or better than his ow... ...t this leads to a rather interesting debate: whether or not the Crakers would have eventually created religion or at the very least art themselves, regardless of Snowman`s interference. I believe that Atwood is commenting on the fact that it is man's nature to be existential, to wonder where he came from, and who created creation, and that it is natural to invent possible answers to these questions when none are evident. For example, as Snowman returns after his foray back into the Compound he finds that the Crakers have created an idol of him and are chanting his name in a way which sounds like `Amen', "next they'd be inventing idols, and funerals, and grave goods, and the afterlife, and sin..."(361). Either way you look at Snowman, as a religious patriarch or a representation of the biblical serpent, he is still corrupting the Crakers with his false dogma.

Andrew Jacksons Unruly Rise to the Presidency Essay -- Papers

Andrew Jackson's Unruly Rise to the Presidency In what many have called the dirtiest presidential election ever, Andrew Jackson reigned supreme over John Quincy Adams in the election of 1828. For the first time in a political campaign, the main focus was to slander the reputation of the opponent. Issues seemed to be disregarded in favor of personal attacks upon the individual. The days of standing for office and remaining silent towards the American public before elections took place were over. The election of 1828 focused on insults, name calling, and heckling between the candidates and their parties. The War of 1812 threatened to destroy the young nation's pride. Washington had been burned to the ground, the Hartford Convention was in session, and rumors of a British armada had east coast cities beginning to panic. Into this atmosphere of gloom and doubt burst the news of Andrew Jackson's crushing victory over the British in New Orleans. "The brilliant and unparalleled victory at New Orleans, has closed the war in a blaze of Glory and the nation agreed with him that Jackson's victory placed America on the very pinnacle of fame." Jackson had lifted the pride and the spirit of nationalism in previously frustrated Americans, and thus, became a national hero. Jackson's military triumphs led to suggestions by friends that he become candidate for president, but he disavowed any interest, and political leaders in Washington assumed that the flurry of support for him would prove temporary. The campaign to make him president, however, was kept alive by his continued popularity and was carefully nurtured by a small group of his friends in Nashville, who combined devotion to the general with a high degree of political ... ...ress) Rosebloom, Eugene. A History of Presidential Elections, 1970. Remini, Robert, American Presidential Elections: Election of 1828 (Packet from class.) Remini, Robert, The Election of Andrew Jackson (J.B. Lippincott Co. 1963) Troy, Gil, See How They Ran: The Changing Role of the Presidential Candidate (Harvard University Press. Cambridge, Massachusetts) Ward, John, Andrew Jackson - Symbol for an Age (New York Oxford University Press, 1962) Satz, Ronald. American Indian Policy in the Jacksonian Era (Lincoln, 1975) Argus of Western America. Frankfurt, Kentucky, Wednesday, May 16, 1827. Argus of Western America. Frankfurt, Kentucky, Wednesday, June 6, 1827. Argus of Western America. Frankfurt, Kentucky, Wednesday, October 29, 1828. www.ask.com www.altavista.com www.searchopolis.com Notes From Class Andrew Jackson's Unruly Rise to the Presidency Essay -- Papers Andrew Jackson's Unruly Rise to the Presidency In what many have called the dirtiest presidential election ever, Andrew Jackson reigned supreme over John Quincy Adams in the election of 1828. For the first time in a political campaign, the main focus was to slander the reputation of the opponent. Issues seemed to be disregarded in favor of personal attacks upon the individual. The days of standing for office and remaining silent towards the American public before elections took place were over. The election of 1828 focused on insults, name calling, and heckling between the candidates and their parties. The War of 1812 threatened to destroy the young nation's pride. Washington had been burned to the ground, the Hartford Convention was in session, and rumors of a British armada had east coast cities beginning to panic. Into this atmosphere of gloom and doubt burst the news of Andrew Jackson's crushing victory over the British in New Orleans. "The brilliant and unparalleled victory at New Orleans, has closed the war in a blaze of Glory and the nation agreed with him that Jackson's victory placed America on the very pinnacle of fame." Jackson had lifted the pride and the spirit of nationalism in previously frustrated Americans, and thus, became a national hero. Jackson's military triumphs led to suggestions by friends that he become candidate for president, but he disavowed any interest, and political leaders in Washington assumed that the flurry of support for him would prove temporary. The campaign to make him president, however, was kept alive by his continued popularity and was carefully nurtured by a small group of his friends in Nashville, who combined devotion to the general with a high degree of political ... ...ress) Rosebloom, Eugene. A History of Presidential Elections, 1970. Remini, Robert, American Presidential Elections: Election of 1828 (Packet from class.) Remini, Robert, The Election of Andrew Jackson (J.B. Lippincott Co. 1963) Troy, Gil, See How They Ran: The Changing Role of the Presidential Candidate (Harvard University Press. Cambridge, Massachusetts) Ward, John, Andrew Jackson - Symbol for an Age (New York Oxford University Press, 1962) Satz, Ronald. American Indian Policy in the Jacksonian Era (Lincoln, 1975) Argus of Western America. Frankfurt, Kentucky, Wednesday, May 16, 1827. Argus of Western America. Frankfurt, Kentucky, Wednesday, June 6, 1827. Argus of Western America. Frankfurt, Kentucky, Wednesday, October 29, 1828. www.ask.com www.altavista.com www.searchopolis.com Notes From Class

Bioethics and Artificial Insemination :: Pregnancy Technology Science Essays

Bioethics and Artificial Insemination With every new technology that is born, there must be many questions as to whether this technology is beneficial or harmful as well as analyze who is affects. This especially holds true in dealing with the technology of artificial insemination. With the cultural mainstreaming of artificial insemination, there have been many articles written discussing the ethics of such decisions. Most of these articles are written by feminist authors with the purpose of discussing the impact of this new technology on women and how it affects their roles as mothers in society. Daniel Callahan, however, chooses to convey his argument about the bioethics of artificial insemination through a male perspective in his 1992 article â€Å"Bioethics and Fatherhood.† He argues that since the beginning of artificial insemination, there has been a trend to overlook the male and his anonymous donation of sperm. His writing style is fairly easy to read and very straightforward in an attempt to convey his point to the general population. His opinion is obvious through his very one-sided argument as well as occasional sarcastic remarks. For this, he does not base many of his points on factual evidence but more abstract, logically deduced theory. His argument is that this man, the sperm donor, is biologically responsible for the newly born child and its life thereafter. He bases his argument around the responsibility of the individual, the technology that allows men to be overlooked, and the rights movement that has lessened the responsibility of the man in fatherho od. Callahan begins his argument with the discussion of what it means to be a father biologically and morally. He relates these two terms by saying, â€Å"Human beings bear a moral responsibility for those voluntary acts that have an impact on the lives of others; they are morally accountable for those acts† (Callahan, 99). Callahan feels that voluntary sexual activity, and by extension voluntary sperm donation, falls under this category. This logic holds true to the entire argument and strengthens his case against the minimization of the father’s role in parenthood. It is based on the very concrete fact that if the man did not give his sperm, the child would not exist. This is a very simple, but very strong argument. Callahan then furthers his case on the morality of sperm donation by saying that even if the child grows up in foster care, if that foster father were to be unfit, the biological father would have a moral obligation for the child. Bioethics and Artificial Insemination :: Pregnancy Technology Science Essays Bioethics and Artificial Insemination With every new technology that is born, there must be many questions as to whether this technology is beneficial or harmful as well as analyze who is affects. This especially holds true in dealing with the technology of artificial insemination. With the cultural mainstreaming of artificial insemination, there have been many articles written discussing the ethics of such decisions. Most of these articles are written by feminist authors with the purpose of discussing the impact of this new technology on women and how it affects their roles as mothers in society. Daniel Callahan, however, chooses to convey his argument about the bioethics of artificial insemination through a male perspective in his 1992 article â€Å"Bioethics and Fatherhood.† He argues that since the beginning of artificial insemination, there has been a trend to overlook the male and his anonymous donation of sperm. His writing style is fairly easy to read and very straightforward in an attempt to convey his point to the general population. His opinion is obvious through his very one-sided argument as well as occasional sarcastic remarks. For this, he does not base many of his points on factual evidence but more abstract, logically deduced theory. His argument is that this man, the sperm donor, is biologically responsible for the newly born child and its life thereafter. He bases his argument around the responsibility of the individual, the technology that allows men to be overlooked, and the rights movement that has lessened the responsibility of the man in fatherho od. Callahan begins his argument with the discussion of what it means to be a father biologically and morally. He relates these two terms by saying, â€Å"Human beings bear a moral responsibility for those voluntary acts that have an impact on the lives of others; they are morally accountable for those acts† (Callahan, 99). Callahan feels that voluntary sexual activity, and by extension voluntary sperm donation, falls under this category. This logic holds true to the entire argument and strengthens his case against the minimization of the father’s role in parenthood. It is based on the very concrete fact that if the man did not give his sperm, the child would not exist. This is a very simple, but very strong argument. Callahan then furthers his case on the morality of sperm donation by saying that even if the child grows up in foster care, if that foster father were to be unfit, the biological father would have a moral obligation for the child.

Bill of Rights Essay

The Bill of Rights is the ten amendments of the United States Constitution. They were first introduced by James Madison in 1789. These amendments protect the fundamental rights of citizens by restricting the powers of the federal government. These rights provide freedom of speech, religion, bear arms and freedom from search and cruel punishment. Congress can also cannot impose the death penalty or seize the property of any individual without the due process of courts. The Bill of Rights remains the fundamental document of the American government and legal system. It also embodies the freedom and culture of the nation. The First Amendment of the United States prevents Congress from making legislation that establishes any religion, prohibits freedom of religion, restricts freedom of speech and press or limits the right to assemble peacefully. The founding fathers did not want an official Church to be established in the new nation. The British had established the Church of England as the official church of Britain. This Church was also the official church in some of the colonies. The founding fathers believed that this limited their freedom of religion. They also believed that government should not favor any one religion because it would lead to religious intolerance. Indeed the primary function of migration to North America was to escape the religious and economic persecution present in Europe. Anti British publications disseminated information regarding abuses of the colonial rule. Further anyone with pro British sentiments was silenced or intimidated. The founding fathers therefore passed this amendment in order to ensure that tolerance of different ideas and expression were allowed (Hoffman, 1997). The Second Amendment of the United States Constitution allows the creation of a militia and the right of people to keep and bear arms. The creation of a militia was taken from England which had passed a law in 1689 giving the right to bear arms. The right to keep arms protected the American colonists from Indian attacks and European enemies of Britain. These arms would also be useful for the colonists when they declared their independence from Britain. The founding fathers also believed that the English law restricts the citizens of England to bear and keep arms to Protestants. Poor people cannot use weapons for hunting purposes. Further they also believed that a universal militia is the best defense against foreign aggression (Hoffman, 1997). The Fourth Amendment of the United States Constitution helps protect the citizens from illegal searches and seizures conducted by political authority. The British used writs of assistance which were general search warrants after its navigation laws were being ignored by American colonists. The founding fathers did not want this type of illegal search and seizure to be conducted by the American government. This was the reason why the Fourth Amendment was passed (Hoffman, 1997). The Third Amendment prohibits the government from allowing soldiers to be lodged into the private homes of civilians. The founding fathers wanted to prevent the government from allowing this as the British had done before the American Revolution. According to the Quartering Act, British troops could lodge in private homes and use whatever resources were needed to maintain discipline and morale (Hoffman, 1997). The Eight Amendment prohibits cruel punishment and excessive fines. In England, the power to grant bails to criminals was in the hands of sheriffs. This would lead to abuses in power. Despite a law passed by the English parliament, the law was still subverted. The founding fathers sought to curb this English law after independence to prevent the government from imposing excessive fines and cruel punishment (Hoffman, 1997). The Fifth Amendment of the US Constitution allows accused criminals to be provided with due process of law and forbids double jeopardy. It also prevents the forcible testimony of a person against himself or herself. The British colonial legal system was flawed as it did not give criminals the due process during legal proceedings. It did not protect the individuals from political or religious enemies. It was misused by anyone who wanted to settle scores with anyone. The founding fathers of the United States of America did not want this to occur. This Amendment therefore calls for the establishment of impartial grand juries which would protect criminals from false accusations or abuse of law. It also prevents the conviction of a person again if he has served prison for one crime. The Amendments of the US Bills of Rights which were incorporated into the US Constitution are the foundation of the country’s legal system, government and culture. They ensure the protection of the rights of individuals and restrict the ability of the Federal government to impose laws which would infringe on the civil liberties of the people. References: Ronald Hoffman. The Bill of Rights: Government Proscribed. University Press of Virginia for the United States Capitol Historical Society, 1997.