Trade marks, registered designs and the monopolisation of functional shapes:a consideration of Lego and Dyson

Legislation: Regulation 6/2002 on Community designs art.3(3)(e) Directive 98/71 on the legal protection of designs art.7(1) Cases: Dyson Ltd v Vax Ltd [2010] EWHC 1923 (Pat); [2011] Bus. L.R. 232 (Ch D (Patents Ct)) Lego Juris A/S v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-48/09 P) Unreported September 14, 2010 (ECJ) *E.I.P.R. 60 In Lego, the Court of Justice of the European Union denied registration for an exclusively functional shape mark despite the availability of other shapes capable of fulfilling the same function and in Dyson v Vax Mr Justice Arnold established that a design can not be registered for a purely functional shape even though another shape could fulfil the same required function.

Market risk reporting by the world's top banks:evidence on the diversity of reporting practice and the implications for international accounting harmonisation

The increasing adoption of international accounting standards and global convergence of accounting regulations is frequently heralded as serving to reduce diversity in financial reporting practice. In a process said to be driven in large part by the interests of international business and global financial markets, one might expect the greatest degree of convergence to be found amongst the world’s largest multinational financial corporations. This paper challenges such claims and presumptions. Its content analysis of longitudinal data for the period 2000-2006 reveals substantial, on going diversity in the market risk disclosure practices, both numerical and narrative, of the world’s top-25 banks. The significance of such findings is reinforced by the sheer scale of the banking sector’s risk exposures that have been subsequently revealed in the current global financial crisis. The variations in disclosure practices documented in the paper apply both across and within national boundaries, leading to a firm conclusion that, at least in terms of market risk reporting, progress towards international harmonisation remains rather more apparent than real.

Europol and the EU’s fight against organized crime: exploring the potential of experimentalist governance

While issues relating to the development, legitimacy and accountability of the European Police Office, Europol, have been intensively discussed in political and academic circles, the actual impact of Europol on policy-making in the European Union has yet to receive scholarly attention. By investigating the evolution and the role of Europol's organized crime reports, this article elaborates on whether Europol has been able to exert an influence beyond its narrowly defined mandate. Theoretically informed by the assumptions of experimentalist governance, the article argues that the different legal systems and policing traditions of EU member states have made it difficult for the EU to agree on a common understanding on how to fight against organized crime. This lack of consensus, which has translated into a set of vague and broadly formulated framework goals and guidelines, has enabled Europol to position its Organized Crime Threat Assessments as the point of reference in the respective EU policy-making area. Europol's interest in improving its institutional standing thereby converged with the interest of different member states to use Europol as a socialization platform to broadcast their ideas and to ‘Europeanize’ their national counter-organized crime policy.

Financial crisis and the change in the practice of applying common charge costs

The global financial crisis has not left the members of the EU untouched. Financial results have significantly dropped, businesses were folded in great numbers, the rate of employment decreased, social tension got fortified, and so did the national deficits in the budget in the majority of the countries. The decisive members of the community reacted fairly quickly to the challenges of the global economic crisis, and among the steps taken there were simultaneously ones to boost the economy and others to lower the expenses of the expenditure. The author examines what role was given to the steps in taxation policy as indirect regulating tools, and that how the decisions brought touch upon the previously issued harmonization strategy.

A vállalatok árképzési gyakorlata a versenyképesség szolgálatában (The pricing practice of corporates and the competitiveness)

A marketing-szakirodalom szerint az ár az egyik legfontosabb marketingeszköz, és a vállalati versenyképesség értelmezésében is meghatározó szerepe van. A megfelelő árképzés kialakítása ugyanakkor összetett folyamat, amely önmagában is külön képességnek tekinthető, és kell befektetést igényel. A szerző az elemzés során így arra volt kíváncsi, hogy a vezető, azaz a versenyképes vállalatok árazási gyakorlata mutat-e eltéréseket, és, ha igen, melyek azok a területek, amelyek leginkább összefüggnek az eredményességükkel. A háromszáz hazai vállalatra kiterjedő kutatás során azt találta, hogy a vezető vállalatok valamelyest másképp tekintenek az ár szerepére és szignifikánsan magasabb árszínvonalon értékesítenek. Ez nagyobb mozgásteret enged számukra, a versenytársak árkihívásaira így könnyebben tudnak árakciókkal válaszolni. Árképzési céljaikban azonban kevésbé mutatkoznak különbségek, mert számukra is kihívást jelent a válság, és nekik is több szempontnak kell egyszerre megfelelniük. Az árak meghatározásánál azonban több tényezőt vesznek figyelembe és jobban támaszkodnak a vevőkről szerzett információkra. ______________ According to the marketing literature the price is one of the most important marketing tools and it plays a dominant role in the interpretation of corporate competitiveness, as well. The appropriate pricing, however, a complex process that can be regarded as a distinct capability and it requires sufficient investment itself. In this analysis the author enquired if the pricing practice of the leading, that is, the most competitive companies has a different profile, and if yes, which areas are associated with the success of them. Based on the survey of 300 domestic organisations he found that the leading companies consider the role of price in a slightly different way and they price their products or services significantly higherthan the others. This let them some space to manoeuvre and they can react with price promotions when the competitors challenge them with price activities. Regarding the pricing objectives the author couldn’t identify differences. The leading companies are also affected by the economic crisis and they have to match many expectations at the same time but they take more factors into consideration when they set their prices and more likely use customer information.

Patronage and bribery in sixteenth-century Peru: The government of Viceroy Conde del Villar and the visita of Licentiate Alonso Fernandez de Bonilla

This dissertation deals with the nature of the political system in sixteenth-century colonial Spanish America through an analysis of the administration of Viceroy Fernando de Torres y Portugal, Conde del Villar, in Peru (1585–1590). The political conflicts surrounding his government and the accusations of bribery leveled against him and members of his household provide the documentation for a case study in a system in which prestige and authority were defined through a complex network of patronage and personal relationships with the Spanish monarch, the ultimate source of legitimate power. ^ This dissertation is conceptualized using categories presented in Max Weber's theory on the nature of political order and authority in the history of human societies and the definition of the patrimonial system as one in which the power of he king confers legitimacy and authority on the whole political structure. ^ The documentary base for this dissertation is an exceptionally detailed and complete record related to the official administrative review ( visita) ordered by Philip II in 1588 to assess the government of Viceroy Torres y Portugal. Additionally, letters as well as other primary and secondary sources are scattered in repositories on both sides of the Atlantic. ^ The study of this particular case offers an excellent opportunity to gain an understanding of a political order in which jurisdictional boundaries between institutions and authorities were not clearly defined. The legal system operating in the viceroyalty was subordinated to the personal decisions of the king, and order and equilibrium were maintained through the interaction of patronage networks that were reproduced at all levels of the colonial society. ^ The final charges against Viceroy Conde del Villar, as well as their impact on the political career of those involved in the accusations, reveal that situations today understood to constitute bribery had a different meaning in the context of a patrimonial order. ^

The Modern State and the Re-Creation of the Indigenous Other: The Case of the Authentic Sámi in Sweden and the White Man’s Indian in the United States of America.

The present study comparatively examined the socio-political and economic transformation of the indigenous Sámi in Sweden and the Indian American in the United States of America occurring first as a consequence of colonization and later as a product of interaction with the modern territorial and industrial state, from approximately 1500 to 1900. The first colonial encounters of the Europeans with these autochthonous populations ultimately created an imagery of the exotic Other and of the noble savage. Despite these disparaging representations, the cross-cultural settings in which these interactions took place also produced the hybrid communities and syncretic life that allowed levels of cultural accommodation, autonomous space, and indigenous agency to emerge. By the nineteenth century, however, the modern territorial and industrial state rearranges the dynamics and reaches of power across a redefined territorial sovereign space, consequently, remapping belongingness and identity. In this context, the status of indigenous peoples, as in the case of Sámi and of Indian Americans, began to change at par with industrialization and with modernity. At this point in time, indigenous populations became a hindrance to be dealt with the legal re-codification of Indigenousness into a vacuumed limbo of disenfranchisement. It is, thus, the modern territorial and industrial state that re-creates the exotic into an indigenous Other. The present research showed how the initial interaction between indigenous and Europeans changed with the emergence of the modern state, demonstrating that the nineteenth century, with its fundamental impulses of industrialism and modernity, not only excluded and marginalized indigenous populations because they were considered unfit to join modern society, it also re-conceptualized indigenous identity into a constructed authenticity.

Treason and trial : consuetudines and law in the romances of Chrétien de Troyes and the lais of Marie de France

Treason, in the romances of Chrdtien de Troyes and the lais of Marie de France, is explored more often as afin' amor problem than as a legal issue with its concomitant sociopolitical ramifications. It is precisely the historical function of literature within the ambit of court culture that appears to have shaped the legal context of the poems of Chrdtien de Troyes and the lais of Marie de France. Counterpoising the literary treatment of treason in Le Chevalier au Lion and Lanval with actions and definitions of treachery by contemporary, twelfth-century chronicle and customary law sources reveals that the conceptualized, fictional world of Chrdtien's Yvain closely reflects the workings of the Capetian society Chretien experienced. Marie's Lanval reflects as well the historical impressions of the Angevin court with which she had familiarity, a court whose concept of treason leaned more toward the maiestas concept found in Roman jurisprudence tradition.

The analysis of the resort timesharing industry in order to determine the industry's familiarity with timesharing and the industry's conception of the present and future effects of timesharing

The purpose of the study is to examine the impactof the timesharing concept on the resort industry in order to determine the industry's familiarity with timesharing and the industry's conception of the present and future effects of timesharing. The study utilizes two methods of research, primarydata and secondary data, to examine the concept of timesharing. This section includes information on the different forms of timesharing, the legal aspects, the marketing, management, finance and future of timesharing in order to educate the public about the concept. The primary data takes the form of a survey thatquestions hotel/motel operators in the Fort Lauderdale Beach area to determine their attitudes towards the impact of timesharing on the resort industy.

Sandcastles of hope? Civil society organizations and the working conditions of migrant farmworkers in North America

This research explores whether civil society organizations (CSOs) can contribute to more effectively regulating the working conditions of temporary migrant farmworkers in North America. This dissertation unfolds in five parts. The first part of the dissertation sets out the background context. The context includes the political economy of agriculture and temporary migrant labour more broadly. It also includes the political economy of the legal regulations that govern immigration and work relations. The second part of the research builds an analytical model for studying the operation of CSOs active in working with the migrant farmworker population. The purpose of the analytical framework is to make sense of real-world examples by providing categories for analysis and a means to get at the channels of influence that CSOs utilize to achieve their aims. To this end, the model incorporates the insights from three significant bodies of literature—regulatory studies, labour studies, and economic sociology. The third part of the dissertation suggests some key strategic issues that CSOs should consider when intervening to assist migrant farmworkers, and also proposes a series of hypotheses about how CSOs can participate in the regulatory process. The fourth part probes and extends these hypotheses by empirically investigating the operation of three CSOs that are currently active in assisting migrant farm workers in North America: the Agricultural Workers Alliance (Canada), Global Workers’ Justice Alliance (USA), and the Coalition of Immokalee Workers (USA). The fifth and final part draws together lessons from the empirical work and concluded that CSOs can fill gaps left by the waning power of actors, such as trade unions and labour inspectorates, as well as act in ways that these traditional actors can not.

See you in Geneva? Democracy, the Rule of Law and the WTO (Working Paper 16)

This paper is a constructivist attempt to understand a global political space where states as actors (the traditional domain of international relations theory and international law) are joined by international organizations, firms, NGOs, and others. Today we know that many supposedly private or international orders (meaning sources of order other than the central institutions of the territorial state) are engaged in the regulation of large domains of collective life in a world where the sources of power are multiple, sovereignties are overlapping, and anarchy is meaningless. The paper begins with an attempt, discussed in the first section, to sort out what the rule of law might mean in the context of the WTO, where we soon see that it can only be understood by also considering the meaning of Administrative Law. Much of the debate about rule of law depends on positivist and centralist theories of “law,” whose inadequacy for my purposes leads, in the second section, to a discussion of legal pluralism and implicit law in legal theory. These approaches offer an alternative theoretical framework that respects the role of the state while not seeing it as the only source of normativity. The third section looks directly at WTO law and dispute settlement. I tr y to show that the sources and interpretations of law in the WTO and the trading system cannot be reduced to the Dispute Settlement Body. I conclude in the fourth section with some suggestions on how a WTO rule of law could be understood as democratic.

Rethinking Professional Practice: The Logic of Competition and the Crisis of Identity in Housing Practice

The relationship between professionalism, education and housing practice has become increasingly strained following the introduction of austerity measures and welfare reforms across a range of countries. Focusing on the development of UK housing practice, this article considers how notions of professionalism are being reshaped within the context of welfare retrenchment and how emerging tensions have both affected the identity of housing professionals and impacted on the delivery of training and education programmes. The article analyses the changing knowledges and skills valued in contemporary housing practice and considers how the sector has responded to the challenges of austerity. The central argument is that a dominant logic of competition has culminated in a crisis of identity for the sector. Although the focus of the article is on UK housing practice, the processes identified have a wider relevance for the analysis of housing and welfare delivery in developed economies.

Disability Discrimination: Obesity and the Court of Justice of the European Union’s decision in Karsten Kaltoft v Billund Kommune Case C-354/13 ECJ

Walker and Karsten are two important decisions in disability discrimination law – not solely on the basis of their legal and practical repercussions for the United Kingdom (UK) and European Union (EU), respectively, but because they capture the very ideological spirit of domestic and European anti-discrimination legislation. The former directly relates to disability discrimination in the UK and the entire EU is feeling the brunt of the Court of Justice of the European Union’s decision in the latter. This article explores the impact of both these decisions and to what extent the obese or those suffering from a functional overlay are now protected from being discriminated against by the Framework Directive 2000/78 and the United Kingdom’s Equality Act 2010.

What do we expect from an ombudsman? Narratives of everyday engagement with the informal justice system in Germany and the UK

This paper looks at expectations people have of informal justice mechanisms through a rich empirical dataset of 2775 recent ombudsman users in Germany and the United Kingdom. In a cross-cultural comparison the ombudsman, as a model of justice is explored. Not much is known about people’s expectations towards the ombudsman model; this paper starts to fill the gap. Four roles became apparent as cross-cultural narratives in the dataset; people who interact with ombudsmen expect them to be interpreters, advocates, allies and instruments. The identified roles are largely common to both countries, but in some aspects they show national specificities. These national specificities are seen mainly in the use of language; in Germany it is more legalistic in comparison to the UK. I argue that this might be related to what has been described as the general legal culture of each country and the institutional set-up.

Re-modelling clay: ceramic practice and the museum in Britain (1970-2014)

This thesis analyses how the dialogue between ceramic practice and museum practice has contributed to the discourse on ceramics. Taking Mieke Bal’s theory of exposition as a starting point, it explores how ‘gestures of showing’ have been used to frame art‑oriented ceramic practice. Examining the gaps between the statements these gestures have made about and through ceramics, and the objects they seek to expose, it challenges the idea that ceramics as a category of artistic practice has ‘expanded.’ Instead, it forwards the idea that ceramics is an integrative practice, through which practitioners produce works that can be read within a range of artistic (and non-artistic) frameworks. Focusing on activity in British museums between 1970 and 2014, it takes a thematic and broadly chronological approach, interrogating the interrelationship of ceramic practice, museum practice and political and critical shifts at different points in time. Revealing an ambiguity at the core of the category ‘ceramics,’ it outlines numerous instances in which ‘gestures of showing’ have brought the logic of this categorisation into question, only to be returned to the discourse on ‘ceramics’ as a distinct category through acts of institutional recuperation. Suggesting that ceramics practitioners who wish to move beyond this category need to make their vitae as dialogic as their works, it indicates that many of those trying to raise the profile of ‘ceramics’ have also been complicit in separating it from broader artistic practice. Acknowledging that those working within institutions that sustain this distinction are likely to re-make, rather than reconsider ceramics, it leaves the ball in their court.