Michelle P. Egan
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244058
- eISBN:
- 9780191599132
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199244057.003.0004
- Subject:
- Political Science, European Union
Focuses on early efforts in the 1960s and 1970s by the European Community to address trade barriers through the harmonization of national regulatory policies and practices. The push for harmonization ...
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Focuses on early efforts in the 1960s and 1970s by the European Community to address trade barriers through the harmonization of national regulatory policies and practices. The push for harmonization of national policies in Europe was driven by the understanding that, without regulatory intervention at the regional level, there would be no single market and that trade conflicts would escalate. This chapter illustrates the tremendous difficulties that this (old approach) policy of harmonization encountered, despite a strong legal basis in the treaty to eliminate disparities in national regulatory systems. Since this policy reflected a regulatory mismatch, as the instruments chosen were ill‐suited to dealing with the problem, the chapter concludes by focusing on how political and economic constraints forced the EU to undertake regulatory reform to achieve a better match between its policy objective and outcomes.Less
Focuses on early efforts in the 1960s and 1970s by the European Community to address trade barriers through the harmonization of national regulatory policies and practices. The push for harmonization of national policies in Europe was driven by the understanding that, without regulatory intervention at the regional level, there would be no single market and that trade conflicts would escalate. This chapter illustrates the tremendous difficulties that this (old approach) policy of harmonization encountered, despite a strong legal basis in the treaty to eliminate disparities in national regulatory systems. Since this policy reflected a regulatory mismatch, as the instruments chosen were ill‐suited to dealing with the problem, the chapter concludes by focusing on how political and economic constraints forced the EU to undertake regulatory reform to achieve a better match between its policy objective and outcomes.
David T. Keeling
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780198259183
- eISBN:
- 9780191681912
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198259183.003.0008
- Subject:
- Law, Intellectual Property, IT, and Media Law
A trade mark can only fulfil its function as a guarantee of origin if it is exclusive. The trade mark owner must be able to prevent other undertakings from using, in the territory in which he owns ...
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A trade mark can only fulfil its function as a guarantee of origin if it is exclusive. The trade mark owner must be able to prevent other undertakings from using, in the territory in which he owns the mark, an identical or confusingly similar trade mark (‘a conflicting mark’) in relation to identical or similar goods or services. At the national level, trade mark conflicts have traditionally been resolved on the basis of seniority: the earlier mark prevails over the more recent one. Registration systems have simplified matters considerably. Undertakings register their trade marks, whenever possible, and so gain official recognition of their exclusive rights. Registration constitutes universal notice of the existence of the exclusive right, and serves as a basis for preventing other undertakings from using or registering conflicting trade marks.Less
A trade mark can only fulfil its function as a guarantee of origin if it is exclusive. The trade mark owner must be able to prevent other undertakings from using, in the territory in which he owns the mark, an identical or confusingly similar trade mark (‘a conflicting mark’) in relation to identical or similar goods or services. At the national level, trade mark conflicts have traditionally been resolved on the basis of seniority: the earlier mark prevails over the more recent one. Registration systems have simplified matters considerably. Undertakings register their trade marks, whenever possible, and so gain official recognition of their exclusive rights. Registration constitutes universal notice of the existence of the exclusive right, and serves as a basis for preventing other undertakings from using or registering conflicting trade marks.
Robert M. Uriu
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199280568
- eISBN:
- 9780191712814
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280568.001.0001
- Subject:
- Economics and Finance, South and East Asia
This book chronicles how a controversial set of policy assumptions about the Japanese economy, known as revisionism, rose to become the basis of the trade policy approach of the Clinton ...
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This book chronicles how a controversial set of policy assumptions about the Japanese economy, known as revisionism, rose to become the basis of the trade policy approach of the Clinton administration. In the context of deep-rooted fears over Japan's increasing economic strength, revisionists argued that Japan represented a distinctive form of capitalism that was inherently closed to imports and that posed a threat to U.S. high-tech industries. Revisionists advocated a “managed trade” solution in which the Japanese government would be forced to set aside a share of the market for foreign goods. The author describes the role that various American academics, government officials, and business leaders played in developing revisionist thought. The revisionist drumbeat grew loudest just as the Clinton administration came into office. The author uses extensive interviews with policy makers to trace the internal discussions inside the Clinton White House, which culminated in the adoption of revisionist assumptions and then to demands for “results-oriented” trade agreements during the Framework negotiations. Japan, however, refused to accept these managed trade solutions, and fought to discredit revisionism and to rally global support against American unilateralism. Despite a history of caving in to U.S. pressures, this time the Japanese held firm even in the face of an historic failure of a bilateral summit in 1994 and the threat of sanctions against Japanese autos in 1995. In the end, it was the U.S. that folded; for the first time ever, Japan said “no,” and in the process beat back America's demands for managed trade once and for all.Less
This book chronicles how a controversial set of policy assumptions about the Japanese economy, known as revisionism, rose to become the basis of the trade policy approach of the Clinton administration. In the context of deep-rooted fears over Japan's increasing economic strength, revisionists argued that Japan represented a distinctive form of capitalism that was inherently closed to imports and that posed a threat to U.S. high-tech industries. Revisionists advocated a “managed trade” solution in which the Japanese government would be forced to set aside a share of the market for foreign goods. The author describes the role that various American academics, government officials, and business leaders played in developing revisionist thought. The revisionist drumbeat grew loudest just as the Clinton administration came into office. The author uses extensive interviews with policy makers to trace the internal discussions inside the Clinton White House, which culminated in the adoption of revisionist assumptions and then to demands for “results-oriented” trade agreements during the Framework negotiations. Japan, however, refused to accept these managed trade solutions, and fought to discredit revisionism and to rally global support against American unilateralism. Despite a history of caving in to U.S. pressures, this time the Japanese held firm even in the face of an historic failure of a bilateral summit in 1994 and the threat of sanctions against Japanese autos in 1995. In the end, it was the U.S. that folded; for the first time ever, Japan said “no,” and in the process beat back America's demands for managed trade once and for all.
Annette Kur and Martin Senftleben
- Published in print:
- 2017
- Published Online:
- March 2021
- ISBN:
- 9780199680443
- eISBN:
- 9780191932892
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199680443.003.0006
- Subject:
- Law, Intellectual Property, IT, and Media Law
Under European trade mark law, protection is only acquired through registration (Article 6 EUTMR; Article 1 TMD). Whether the mark is actually used or not is of no relevance at this stage: neither ...
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Under European trade mark law, protection is only acquired through registration (Article 6 EUTMR; Article 1 TMD). Whether the mark is actually used or not is of no relevance at this stage: neither is it a requirement for protection, nor does it grant a substantive right under the European Union Trade Mark Regulation (EUTMR) or the Trade Mark Directive (TMD). However, such protection may follow from national law. Member States are free to grant use-based trade mark protection within their jurisdiction, and in a number of them—Austria, Germany, Italy, the Nordic countries, and, in the form of passing off, the United Kingdom—such protection is available under terms that may differ from country to country. The specificities of the legal regime applying to such signs are independent from the provisions in the TMD.
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Under European trade mark law, protection is only acquired through registration (Article 6 EUTMR; Article 1 TMD). Whether the mark is actually used or not is of no relevance at this stage: neither is it a requirement for protection, nor does it grant a substantive right under the European Union Trade Mark Regulation (EUTMR) or the Trade Mark Directive (TMD). However, such protection may follow from national law. Member States are free to grant use-based trade mark protection within their jurisdiction, and in a number of them—Austria, Germany, Italy, the Nordic countries, and, in the form of passing off, the United Kingdom—such protection is available under terms that may differ from country to country. The specificities of the legal regime applying to such signs are independent from the provisions in the TMD.
John Shovlin
- Published in print:
- 2021
- Published Online:
- May 2022
- ISBN:
- 9780300253566
- eISBN:
- 9780300258837
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300253566.001.0001
- Subject:
- History, British and Irish Early Modern History
Britain and France waged war eight times in the century following the Glorious Revolution, a mutual antagonism long regarded as a “Second Hundred Years” War. Yet officials on both sides also ...
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Britain and France waged war eight times in the century following the Glorious Revolution, a mutual antagonism long regarded as a “Second Hundred Years” War. Yet officials on both sides also initiated ententes, free trade schemes, and colonial bargains intended to avert future conflict. What drove this quest for a more peaceful order? This book reveals the extent to which Britain and France sought to divert their rivalry away from war and into commercial competition. The two powers worked to end future conflict over trade in Spanish America, the Caribbean, and India, and imagined forms of empire-building that would be more collaborative than competitive. They negotiated to cut cross-channel tariffs, recognizing that free trade could foster national power while muting enmity. This account shows that eighteenth-century capitalism drove not only repeated wars and overseas imperialism but spurred political leaders to strive for global stability.Less
Britain and France waged war eight times in the century following the Glorious Revolution, a mutual antagonism long regarded as a “Second Hundred Years” War. Yet officials on both sides also initiated ententes, free trade schemes, and colonial bargains intended to avert future conflict. What drove this quest for a more peaceful order? This book reveals the extent to which Britain and France sought to divert their rivalry away from war and into commercial competition. The two powers worked to end future conflict over trade in Spanish America, the Caribbean, and India, and imagined forms of empire-building that would be more collaborative than competitive. They negotiated to cut cross-channel tariffs, recognizing that free trade could foster national power while muting enmity. This account shows that eighteenth-century capitalism drove not only repeated wars and overseas imperialism but spurred political leaders to strive for global stability.
Phillip Troutman
- Published in print:
- 2005
- Published Online:
- October 2013
- ISBN:
- 9780300103557
- eISBN:
- 9780300129472
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300103557.003.0009
- Subject:
- History, Imperialism and Colonialism
This chapter begins with the successful inversion of United States slave traders' network of communication and transportation. In November 1841, a group of at least nineteen enslaved African American ...
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This chapter begins with the successful inversion of United States slave traders' network of communication and transportation. In November 1841, a group of at least nineteen enslaved African American men held aboard the brig Creole violently captured control of the ship and forced the crew to chart a course for Nassau, Bahamas. There, with the aid of black Bahamians and British colonial officials, they gained freedom along with all but five of their enslaved shipmates. White contemporaries tended to view the Creole “incident” in terms of its contribution to an international trade conflict between the United States and Great Britain. The revolt, however, is important for what it illustrates about how enslaved African Americans worked to acquire, disseminate, and apply geographic and geopolitical knowledge and information—what the text refers to here as geopolitical literacy—and what that might mean for their broader Afro-American consciousness.Less
This chapter begins with the successful inversion of United States slave traders' network of communication and transportation. In November 1841, a group of at least nineteen enslaved African American men held aboard the brig Creole violently captured control of the ship and forced the crew to chart a course for Nassau, Bahamas. There, with the aid of black Bahamians and British colonial officials, they gained freedom along with all but five of their enslaved shipmates. White contemporaries tended to view the Creole “incident” in terms of its contribution to an international trade conflict between the United States and Great Britain. The revolt, however, is important for what it illustrates about how enslaved African Americans worked to acquire, disseminate, and apply geographic and geopolitical knowledge and information—what the text refers to here as geopolitical literacy—and what that might mean for their broader Afro-American consciousness.
Keun Lee
- Published in print:
- 2021
- Published Online:
- December 2021
- ISBN:
- 9780192847560
- eISBN:
- 9780191939860
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780192847560.003.0010
- Subject:
- Economics and Finance, Development, Growth, and Environmental
Chapter 10 analyzes the issue of whether China would fall into the Thucydides trap, which is defined here as a situation where the US causes China to stop expanding as an economic power. Before the ...
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Chapter 10 analyzes the issue of whether China would fall into the Thucydides trap, which is defined here as a situation where the US causes China to stop expanding as an economic power. Before the Trump administration, China was navigating steadily to grow beyond the middle-income trap (MIT), building its China-led global value chain (GVC) and localizing formerly imported goods into domestic production. However, it suddenly faced another trap, of Thucydides, because of the US measures for containing the further rise of China as a superpower. China will not collapse unless the US dares to wage an all-out war by taking drastic measures across various fronts of confrontation. The sudden emergence of this new trap disrupted the China-led GVC formed around Asia, which still relies on the West for key high-technology goods. Such disruption would have further repercussions on the prospect of China’s growth beyond the MIT because China must now reallocate resources away from economic competitiveness and “Made in China 2025” to socio-economic stabilization and job creation. China remains a developmental state. Its Asian neighbors have gone through their path of political democratization, but China now faces the challenge of crossing this unknown territory. This situation may be a more challenging trap compared with the MIT and the Thucydides trap. Thus, China now faces triple traps.Less
Chapter 10 analyzes the issue of whether China would fall into the Thucydides trap, which is defined here as a situation where the US causes China to stop expanding as an economic power. Before the Trump administration, China was navigating steadily to grow beyond the middle-income trap (MIT), building its China-led global value chain (GVC) and localizing formerly imported goods into domestic production. However, it suddenly faced another trap, of Thucydides, because of the US measures for containing the further rise of China as a superpower. China will not collapse unless the US dares to wage an all-out war by taking drastic measures across various fronts of confrontation. The sudden emergence of this new trap disrupted the China-led GVC formed around Asia, which still relies on the West for key high-technology goods. Such disruption would have further repercussions on the prospect of China’s growth beyond the MIT because China must now reallocate resources away from economic competitiveness and “Made in China 2025” to socio-economic stabilization and job creation. China remains a developmental state. Its Asian neighbors have gone through their path of political democratization, but China now faces the challenge of crossing this unknown territory. This situation may be a more challenging trap compared with the MIT and the Thucydides trap. Thus, China now faces triple traps.