Licences in OHIM practice

Legal context: Despite the commercial importance of licences, the Regulation40/94 contains relatively few provisions on licences. As faras these refer to licences granted to CTMs or their recordalat OHIM, they are beyond the scope of the article, which dealswith the case law emanating from OHIM in inter partes proceedings,where licences have played a role. Key points: This article considers the legal requirements licensees mustmeet when filing opposition and cancellation proceedings beforeOHIM. It reviews when use under licence is regarded as genuineuse, or valid for the purpose of establishing acquired distinctivenessor reputation. It also deals with OHIM decisions regarding licenseesfiling the licensors' trade marks in their own names. Practical significance: With respect to the standing of licensees as opponents or applicantsfor invalidity, this article explains the procedural requirements,mentioning also points to be considered when drafting trademark licences. The article also explains to what extent a licenceneed be proven where the opponent or cancellation applicanthas not used the earlier mark himself but wishes to rely onuse made by someone else. On the issue of a licensee filingthe licensed mark in his own name, the article gives an introductionto the criteria applied by OHIM and deals with his fiduciaryposition, resulting in a greater likelihood of his having actedin bad faith.     

Back‐pedalling in Iraq: lessons unlearned

This article analyses which of the major lessons learned from previous experiences in nation building have been applied or ignored in Iraq. It focuses on the first six months of the post‐combat period, a time frame generally recognised as being critical for laying the foundations for a stable and democratic future. A review of previous cases points to six lessons that, in fact, have been unlearned, and only two that have been realised in this initial phase in Iraq.     

Mortgage fraud and organized crime in Canada: strategic intelligence brief

Natasha Tusikov, Acting Manager, National Research and Methodology Development Unit, Criminal Intelligence Service Canada - Central Bureau, Intelligence Analysis and Knowledge Development Branch, November 2007     

On the Legitimate Objectives of Criminalisation

We discuss and respond to the contributions of Tatjana Hörnle, John Kleinig, and John Stanton-Ife, and clarify some aspects of the arguments made in Crimes, Harms, and Wrongs.     

Coalition Prospects and Policy Change: An Application to the Environment

In most developed democracies, parties adjust their positions to polls and public opinion. Yet, in a coalition government, the policy that emerges is often the outcome of negotiations between governing parties. We argue that the credibility of exit threats by current coalition members and the importance of outside parties for the formation of potential alternative coalitions both matter for policy adoption. Building on a new data set measuring the expected coalition‐inclusion probabilities of parties in parliamentary democracies, we estimate the effect of coalition prospects on an important policy outcome—environmental policy stringency—in nine European countries between 1990 and 2012. Our findings demonstrate that only polling shifts that alter coalition probabilities affect outcomes. Changes in the coalition‐inclusion probability of green parties—regardless of whether they are in government—predict changes in the environmental policy stringency of sitting governments. Political polls, in contrast, do not.     

Anhängige Klagen vor dem Europäischen Gerichtshof

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