This book provides a comprehensive practitioner guide to the EU law of State aid, covering all relevant legislation, case law, and the dominant themes shaping EU State aid policy. It discusses the concept of State aid and its development in the European Union, as well as practical aspects such as procedures for notification to the European Commission, and enforcement in the European Court and national courts. It offers extensive coverage of specific sectors, including transport and shipbuilding, media and communications, energy and environmental protection, culture and heritage, and agriculture. The third edition is fully updated to cover the extensive legislative changes in this area, including the new General Block Exemption Regulation and De Minimis Regulation, horizontal aid guidelines, and sectoral guidelines for aviation, cinemas, agriculture, and fisheries; as well as State aid cases in the national courts, particularly the UK, and recent European Court jurisprudence. Accessible to competition lawyers and non-specialists, the book's clarity and concision make it an invaluable reference to this area of law.
This book provides a comprehensive practitioner guide to the EU law of State aid, covering all relevant legislation, case law, and the dominant themes shaping EU State aid policy. It discusses the concept of State aid and its development in the European Union, as well as practical aspects such as procedures for notification to the European Commission, and enforcement in the European Court and national courts. It offers extensive coverage of specific sectors, including transport and shipbuilding, media and communications, energy and environmental protection, culture and heritage, and agriculture. The third edition is fully updated to cover the extensive legislative changes in this area, including the new General Block Exemption Regulation and De Minimis Regulation, horizontal aid guidelines, and sectoral guidelines for aviation, cinemas, agriculture, and fisheries; as well as State aid cases in the national courts, particularly the UK, and recent European Court jurisprudence. Accessible to competition lawyers and non-specialists, the book's clarity and concision make it an invaluable reference to this area of law.
The free flow of information and services around the world via the Internet constantly creates new issues and problems, such as rules of jurisdiction and applicable law, how new products and services should be regulated and many more. The sixth edition is updated with numerous new practical examples, cases (court cases and ICO complaint cases), laws and developments, including the following: · new Brexit legislation across all areas from January 2021 (post Brexit on 31 December 2020); · new Data Protection Act replacing Data Protection Act 2018; · new ePrivacy Regulations (PECR); · new ePrivacy Regulation (EU); · transition of EU registered trade marks and designs into new UK IP rights from 1 January 2021 creating new UK IP rights and new UK rightsholders; · changes in seeking IP protection in EU for UK residents; · changes in UK rightsholders seeking to take infringement actions outside of UK; · status of unregistered IP rights post Brexit; · different impacts on different IP rights; · status of UK commercial contracts, interpretation, and enforceability, · status of pre-existing contracts created prior to Brexit and which refer to EU and UK being in EU; · status, extent and scope of new contracts after Brexit; · UK torts and insurance law as impacted by Brexit; · changes in crime, data retention and international issues; · taxation changes, international relations, international Treaties, and EU · competition, internet, and regulator changes – including Brexit; · new UK caselaw; · news UK regulator cases, decision, sanctions and fines; · new EU caselaw. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.
What does the UK's exit from the EU mean for health and the NHS? This book explains the legal and practical implications of Brexit on the NHS: its staffing; especially on the island of Ireland; medicines, medical devices and equipment; and biomedical research. It considers the UK's post-Brexit trade agreements and what they mean for health, and discusses the effects of the COVID-19 pandemic on post-Brexit health law. To put the legal analysis in context, the book draws on over 400 conversations the authors had with people in the north of England and Northern Ireland, interviews with over 40 health policy stakeholders, details of a film about their research made with ShoutOut UK, the authors' work with Parliaments and governments across the UK, and their collaborations with key actors like the NHS Confederation, the British Medical Association, and Cancer Research UK. The book shows that the language people use to talk about hoped-for legitimate post-Brexit health governance suggests a great deal of faith in law and legal process among 'ordinary people', but the opposite from 'insider elites'. Not What The Bus Promised puts the authors' knowledge and experiences centre frame, rather than claiming to express 'objective reality'. It will be of interest to any reader who cares about the NHS and wants to understand its present and future.
Introducing the practice and procedure of trade marks in Ireland and at the EU Intellectual Property Office (EUIPO), this book steers clear of confusing legal jargon, explaining the main trade mark principles clearly and concisely. Several new chapters have been added to the Second Edition, addressing topics such as trade mark searching, online infringement and trade mark protection post-Brexit. Recent Irish legislation is also covered: - European Union (Trade Marks) Regulations 2018 (SI 561/2018) - Trade Marks (Amendment) Rules 2018 (SI 562/2018) - Trade Marks Act 1996 (Community Trade Mark) (Amendment) Regulations 2018 (SI 563/2018) - Trade Marks (Amendment) Rules 2019 (SI 588/2019 and 628/2019) - Copyright and Other Intellectual Property Law Provisions Act 2019 - Public Health (Standardised Packaging of Tobacco) Act 2015 Notable authorities are also considered, such as: - Galway Free Range Eggs Ltd v O' Brien and Ors [2016] IEHC 249 - Nutrimedical BV & anor v Nualtra Ltd [2016] IEHC 261; [2017] IEHC 253 - Aldi v Dunnes Stores [2019] IESC 41 - Cartier International & Ors v British Sky Broadcasting Limited & Ors [2014] EWHC 3354 (Ch), [2016] EWCA Civ 658 and [2018] UKSC 28 - Sky Ltd & Ors v Skykick UK Ltd & Anor [2020] EWHC 990 (Ch) and [2021] EWCA Civ 1121 - Aviareto Ltd v Global Closing Room Ltd [2021] IEHC 377 This is an indispensable guide for lawyers, those working in the area of IP, candidates intending to sit the Trade Mark Agent exam at the Intellectual Property Office of Ireland, sole traders, entrepreneurs and anyone wanting to protect their brand. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.
Information Technology and Intellectual Property Law is a complete exploration of the relationship between information technology and intellectual property laws a very wide-ranging and complex, ever changing area of law. It provides up-to-date coverage and analysis of the intellectual property laws applicable to all forms of computer software. placing the law in the context of computer use examining copyright, database rights, patents, trade marks, design rights and the law of confidence. There have been numerous cases before the Court of Justice for the European Union (CJEU) recently, in particular involving the use of trade marks on the Internet, and these are analysed in detail with the implications of the judgments explained in a practical and accessible way. Information Technology and Intellectual Property Law includes developments surrounding ISPs (Internet Service Providers), for example injunctions against ISPs both in the UK and before the Court of Justice of the European Union, and coverage of the Digital Economy Act provisions. It can either be read from cover to cover as a thorough introduction to the subjects addressed or be used as a very useful starting point for a specialist practitioner faced with a particular problem on a particular case. With this in mind Information Technology and Intellectual Property Law is an essential addition to any an IT and IP practitioner's bookshelf as well as a useful textbook for non-specialists as well as advanced undergraduate and taught postgraduate IT and IP courses.
This annual Irish publication contains selected cases and materials relevant to Employment Law, specifically the case law and decisions that took place in Ireland throughout 2016. Practitioners need to be up to date and this annual publication provides that service. By being selective, and having that selection carried out by experienced lawyers, practitioners are pointed in the right direction. It will also be of great use to HR professionals and trade union officials who have need to reference this legal area. The title contains analysis and discussions on: - Irish law: decisions of the superior courts, Labour Court, Equality Tribunal, Employment Appeals Tribunal etc; - Irish legislation (including the Workplace Relations Act 2015) and statutory instruments; - English law so far as relevant e.g. common law decisions; - EU law: decisions of the Court of Justice of the European Communities and relevant Directives/Regulations; - Data protection and freedom of information developments - Other material such as Annual Reports of the EAT, the Labour Court, the Health & Safety Authority, the activities of NERA as well as decisions listed in other complementary areas of the law, including taxation and pensions. These have all been selected by experienced lawyers in the relevant fields. This title is part of a series that is released yearly, to reflect each year's particular case laws and decisions. This new edition covers the significant reforms under new Workplace Relations Act 2015, along with new chapters including: Employment Litigation: Preliminary Issues and Industrial Relations-A Changing Landscape. Last year's edition was winner of the 2015 Practical Law Book of the Year Award by the Dublin Solicitors Bar Association
Provides the answers to all the questions that can arise on the formation, operation and dissolution of Partnerships, LPs and LLPs as well as the answers to all questions that can arise in disputes between partners, ex-partners and outsiders. Fully revised and updated this new edition will include coverage of: - The introduction of the Private Fund Limited Partnership (PFLP) in 2017 - Application of discrimination law in the context of partnerships/LLPs: Seldon v Clarkson, Wright and Jakes; Tiffin v Lester Aldridge LLP; Bates v van Winklehof - Interpretation of partnership agreements, what amount to partnership assets and how they should be valued, in the context of the retirement or buy-out of a former partner: Drake v Harvey; Ham v Ham; Ham v Bell - The role, if any, of the doctrine of repudiation in the context of partnerships (Golstein v Bishop) and LLPs (Flanagan v Liontrust Management LLP) - What nature of “business” may constitute a partnership (Bhatti v HMRC) - Impact of changes made to the insolvency regime (including the Insolvency Rules 2016) on insolvency of partnerships and LLPs
The Law of Evidence in Ireland explores the development of a particular Irish dimension to evidence scholarship, grounded in the constitutional concept of fairness and influenced by the case law of the ECHR. The phenomenon and impact of the non jury Special Criminal Court are considered, as are legislative changes targeting organised crime and sexual offences, as well as developments facilitating forensic testing as part of criminal investigation and evidence, under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014. Now in its fourth edition, this text has been updated with new sections including: - A look at judicial consideration of fairness in the pre-trial process in light of a changing societal context and delivery on the accused's right to fair trial, as reflected in analysis of Supreme Court decisions such as JC and Dwyer - The developing concept of transnational fairness in facing the challenge of cooperation in combating crime and instruments such as the European Arrest Warrant reflected in cases such as Celmer - The changing approach of Irish courts to traditional rules including those relating to expert witness testimony, evidence of bad character and prior misconduct, as well as assertions of new headings of privilege The text is of interest to all those working in the Irish legal system, the criminal legal system in particular, as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts.