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The Free Movement of Goods

Alec Stone Sweet

in The Judicial Construction of Europe

The previous chapter showed how transnational activity, the adjudication of the European Community (EC) law, and EC lawmaking had developed symbiotically to determine much of what is important about ... More

The previous chapter showed how transnational activity, the adjudication of the European Community (EC) law, and EC lawmaking had developed symbiotically to determine much of what is important about European integration. This chapter provides a more detailed sectoral account of how the adjudication of one class of trading disputes gradually, but authoritatively, undermined the intergovernmental aspects of the EC, while enhancing the polity's supranational, or federal, character. Assesses the impact of adjudicating the freer movement of goods provisions of the Treaty of Rome on integration and supranational governance, focusing on the problem of non‐tariff barriers, as governed by Arts. 28–30 (EC). Proceeds as follows: first, the treaty rules on intra‐EC trade are examined, hypotheses derived about how the domain could be expected to evolve, and the argument advanced is contrasted with alternatives; second, in a section ‘Judicial Governance and Market‐Building’, the emergence is tracked of the basic doctrinal framework (the Dassonville framework) governing the domain, an analysis made of the aggregate data on adjudication in the sector, and the impact traced of the European Court of Justice's case law on the decision‐making of other actors, including the European Commission and Member State governments; third, the mutation of the framework that occurred in the 1990s is discussed – an event that was heavily conditioned by the endogenous development of the law itself; the chapter concludes with an assessment of the findings in light of the pertinent scholarly debates about the impact of the European legal system on the greater course of market‐building and political integration.Less

“Cada Casa, Un Mundo”: The Domestic Foundations of a Trading Community

Daviken Studnicki-Gizbert

in A Nation upon the Ocean Sea: Portugal’s Atlantic Diaspora and the Crisis of the Spanish Empire, 1492-1640

This chapter examines the inner dynamics of the Portuguese merchant houses and the worlds they contained. The members of Portuguese merchant houses maintained tight and lasting bonds among themselves ... More

This chapter examines the inner dynamics of the Portuguese merchant houses and the worlds they contained. The members of Portuguese merchant houses maintained tight and lasting bonds among themselves even if they were physically separated from each other by the span of oceans and continents. To bring a house into being required the bridging of both geographic and social distance, which was accomplished through interpersonal links. Various such ties existed: ties of kinship, affection, authority, deference, and collective responsibility.Less

Controlling Electronic Commerce Transactions

Robin Mansell and W. Edward Steinmueller

in Mobilizing the Information Society

For several observers, electronic commerce or e-commerce accounts for the beginnings of a novel commercial paradigm, as well as of a new general paradigm for how the suppliers of various services and ... More

For several observers, electronic commerce or e-commerce accounts for the beginnings of a novel commercial paradigm, as well as of a new general paradigm for how the suppliers of various services and technologies interact with their users. Utilizing e-commerce in improving the competitiveness of Europe entails certain issues which, when addressed, bring about a broadcast media model for developing the home-access aspect of the communication and information infrastructure – an alternative to the ‘passive’ user. Since e-commerce focuses mainly on business-to-business interactions, the challenges and opportunities associated with this field relate to the changes in processes and structures of trading transactions. As such, we also have to consider the evolution of organizational forms and business models evident in individual trading communities.Less

The Europeanization of Trade Mark Law †

Graeme Dinwoodie

in The Europeanization of Intellectual Property Law: Towards a European Legal Methodology

This chapter highlights several features of the harmonisation of European trade mark law. Harmonisation has been “tight”, setting both minimum and maximum standards. The CJEU has interpreted the ... More

This chapter highlights several features of the harmonisation of European trade mark law. Harmonisation has been “tight”, setting both minimum and maximum standards. The CJEU has interpreted the harmonised law broadly, paying little respect to the principle of subsidiarity. The interpretation of the Community Trade Mark Regulation, which is autonomous from national law, has had an overspill on the Trade Mark Directive in that concepts in the directive have been interpreted autonomously which could have been left to national courts to interpret. The author argues that national courts still have an important role to play in European trade mark law. First, trade mark law is fact-intensive, thus the fact-finding powers of national courts should not be underestimated. Secondly, the CJEU should not lightly discard the expertise which has built up in national systems over decades.Less

Scission Communities, Canal Company Laborer Communities, and Interpretations of Their Archaeological Presence in the Great Dismal Swamp

Daniel O. Sayers

in A Desolate Place for a Defiant People: The Archaeology of Maroons, Indigenous Americans, and Enslaved Laborers in the Great Dismal Swamp

Chapter 5 provides analysis of two archaeological Dismal Swamp sites. In the case of the nameless site, archaeology shows that an interior community persisted from ca. 1600 to the Civil War. It was ... More

Chapter 5 provides analysis of two archaeological Dismal Swamp sites. In the case of the nameless site, archaeology shows that an interior community persisted from ca. 1600 to the Civil War. It was organized around rank and kin principals, community-driven subsistence labor systems, and a steadfast avoidance of the world outside the swamp, including its material culture (commodities). They relied on ancient stone tools and ceramics left at the site by Indigenous Americans; reuse of ancient objects was a hallmark of daily living among interior groups. After 1800, an increase in outside world commodities and an apparent shrinking of the size of the community at the nameless site suggests that important changes occurred. Very differently, during the period 1800–1860 enslaved laborers living at the Cross Canal site relied heavily upon commodities from the world outside the swamp and developed informal trade systems within the swamp where such materials circulated. Evidence shows that the Cross Canal settlement may have developed trade relations with the nameless site settlement which helps explain the increase in outside world materials at the latter. Throughout the discussion, alienation is discussed and is a central part of analysis.Less

Introduction: Boom, Bust, Crisis and Opportunity

in Trade and Traders in Mid-Victorian Liverpool: Mercantile Business and the Making of a World Port

This chapter, which addresses the previous efforts to investigate the Liverpool trading community, underlines the successes and limitations of earlier studies, and determines the avenues for further ... More

This chapter, which addresses the previous efforts to investigate the Liverpool trading community, underlines the successes and limitations of earlier studies, and determines the avenues for further exploration. The value of Liverpool to the historian of the nineteenth century originated from its trading dynamism and its great mix of social, economic, and political forces. The community of Liverpool was just as aggressive in its opinions about competitors. Liverpool traders played an important role in evaluating the abilities of a business community. The role of the trading community is also considered. Major financial upheavals and bankruptcies are described in detail alongside the success stories of the trading community of the port. Finally, an overview of the chapters included in the book is given.Less

Insecurity, Information and Reputation

in Trade and Traders in Mid-Victorian Liverpool: Mercantile Business and the Making of a World Port

This chapter addresses questions of risk, reputation, and information, specifically investigating the backdrop of key issues cited by contemporaries in their complaints about the uncertainties of the ... More

This chapter addresses questions of risk, reputation, and information, specifically investigating the backdrop of key issues cited by contemporaries in their complaints about the uncertainties of the traders' lot. It also addresses the complex networks of information that surrounded the credit-worthiness of firms, and the problems faced by traders in securing sufficiently accurate information on which to base decisions. The strategies adopted to persuade a wider audience of the respectability of the new joint-stock firms are then explained. Information, reputation, co-operation, and careful image-making were important to Liverpool traders. Firms had to maintain good relations with major traders, and especially with the banking community, due to the complex circuit of information, rumour, and gossip that characterised the interplay of the trading community. It is noted that ideas of corporate image and reputation produced for the new joint-stock companies presented a process of evolution in Liverpool's business culture.Less

Interest, Faction and Port Management

in Trade and Traders in Mid-Victorian Liverpool: Mercantile Business and the Making of a World Port

This chapter evaluates the connection between the trading community and the port authority. The interaction of factional interests with the scrutiny procedures of central government is important to ... More

This chapter evaluates the connection between the trading community and the port authority. The interaction of factional interests with the scrutiny procedures of central government is important to understanding change in the port of Liverpool and the composition of the Dock Board and the behaviour of its members. Warehouse docks contributed to the immediate conflict between the port authority and important elements in the trading community. Warehouses were a perfectly legitimate venture for a port authority. The rise of steam led to a large shift in the factional profile of the trading community, as it did in any technological or economic sense. Steam's expansion and the rapid growth in the size of steamships assured that the connection between the steam owners and the Board would be a key component in the management of the port.Less

An Overview of European Harmonization Measures in Intellectual Property Law

Richard Arnold

in The Europeanization of Intellectual Property Law: Towards a European Legal Methodology

This chapter gives an overview over all EU directives and regulations in the area of intellectual property law. With respect to patent law it refers to international conventions such as the European ... More

This chapter gives an overview over all EU directives and regulations in the area of intellectual property law. With respect to patent law it refers to international conventions such as the European Patent Convention and to EU law such as the Directive on the patenting of biotechnological inventions, but also to “soft harmonisation”, which has come about because national courts take into account decisions by the European Patent Office and by courts in other European jurisdictions. As regards trade mark law the chapter outlines the two-tier system consisting of harmonisation by means of a directive and creation of a unitary Community trade mark. The chapter also notes that the judgments of the CJEU concerning trade mark law have been the object of considerable criticism. In copyright law, harmonisation has only partly been achieved by eight directives. In addition, the CJEU has taken a pro-active role, interpreting concepts which have not been harmonised, in an autonomous way.Less

Shipping in an Era of Transition and Opportunity

in Trade and Traders in Mid-Victorian Liverpool: Mercantile Business and the Making of a World Port

This chapter reports the broader context of Liverpool shipping. It is shown that Liverpool remained committed to shipping. The users in Liverpool were more attached to steam than were its own ... More

This chapter reports the broader context of Liverpool shipping. It is shown that Liverpool remained committed to shipping. The users in Liverpool were more attached to steam than were its own resident shipowners. Liverpool shipowners and merchants had become complacent in the clear economic logic of combining ship delivery with timber transport. It is noted that the collapse of the US shipping fleet did not result in the end of shipping in the port of Liverpool. Nor did the sharp rise in steam traffic in the port produce an immediate decline in shipping. Liverpool's own registered shipping fleet clearly emerged as the single force that took most advantage of the collapse of the US fleet. The increased role of Liverpool-registered and Liverpool-based shipping reveals the consolidation of economic power by the port's own trading community.Less

Trust

in ‘Merely for Money’?: Business Culture in the British Atlantic, 1750–1815

This chapter examines the issue of trust in British Atlantic trade during the period from 1750 to 1815. It considers the emotive nature of trust and discusses the distinction and interconnections ... More

This chapter examines the issue of trust in British Atlantic trade during the period from 1750 to 1815. It considers the emotive nature of trust and discusses the distinction and interconnections among personal trust, institutional trust (assurance) and general trust (confidence). The analysis indicates that during this period, personal trust was extremely important, whether ascribed or process based. This chapter also suggests that the institution of the business culture, straddling the boundaries of personal and institutional trust, allowed the British-Atlantic trading community to keep functioning.Less

Mercantile Specialization and Trading Communities: Economic Strategies in Roman Maritime Trade

Candace Rice

in Urban Craftsmen and Traders in the Roman World

This chapter discusses the economic strategies of maritime traders. It starts from the observation that the epigraphic evidence for negotiatores suggests that specialization among traders was ... More

This chapter discusses the economic strategies of maritime traders. It starts from the observation that the epigraphic evidence for negotiatores suggests that specialization among traders was widespread, and that, by focusing on a particular niche, traders could become successful entrepreneurs. The chapter analyses an array of strategies for maritime trade and transport, and shows how each of these strategies can also be traced back in our evidence, which suggests that trade practice in the Roman Mediterranean was flexible and adapted to specific economic circumstances. To enhance their chances for economic success some traders formed permanent trading communities in key port cities.Less

Grounds for Invalidity

David Stone

in European Union Design Law: A Practitioners' Guide

Article 25 of the Regulation sets out all the grounds for invalidity for RCDs and unregistered Community designs. Article 11 of the Directive sets out relevantly identical provisions in relation ... More

Article 25 of the Regulation sets out all the grounds for invalidity for RCDs and unregistered Community designs. Article 11 of the Directive sets out relevantly identical provisions in relation to national (and Benelux) registered designs, although some are not mandatory: see para 24.35. Less

European Union Trade Mark Law: The Directive and the Regulation

Alexander Mühlendahl, Dimitris Botis, Spyros Maniatis, and Imogen Wiseman

in Trade Mark Law in Europe

Trade mark law at the European Union (EU) level has developed following two parallel paths. One led to the harmonization of disparate national systems of trade mark protection; the other to the ... More

Trade mark law at the European Union (EU) level has developed following two parallel paths. One led to the harmonization of disparate national systems of trade mark protection; the other to the creation of a ‘federal’ trade mark right, unitary in nature and effective throughout the territory of the European Union. The aim of this chapter is to describe briefly the destinations reached by the ‘harmonization’ and the ‘federal’ paths. Less

Jurisdiction

David Stone

in European Union Design Law: A Practitioners' Guide

Community designs are, by definition, supranational. Therefore, every dispute concerning a Community design (registered or unregistered) will have an ‘international’ element to it. Thus, questions ... More

Community designs are, by definition, supranational. Therefore, every dispute concerning a Community design (registered or unregistered) will have an ‘international’ element to it. Thus, questions of jurisdiction—which court or tribunal should hear the dispute—will arise in every case. Some of these questions will be easily answered, but some are more difficult. Well-resourced parties may try to take advantage of the rules to seek to obtain a more favourable result. Less

Historical Introduction

David Stone

in European Union Design Law: A Practitioners' Guide

Interest in an EU-wide design law dates back to the origins of the European Union. Realizing that early dream, however, has taken many decades. This chapter provides a brief overview of the ... More

Interest in an EU-wide design law dates back to the origins of the European Union. Realizing that early dream, however, has taken many decades. This chapter provides a brief overview of the history of the adoption of Directive (EC) 98/71 of 13 October 1998 on the legal protection of designs (the Directive) and Council Regulation (EC) 6/2002 of 12 December 2001 on Community designs (the Regulation), and the main debates that stymied their progress. Less

The Timing of Confusion

Ilanah Fhima and Dev S. Gangjee

in The Confusion Test in European Trade Mark Law

The conventional assumption in trade mark law is that the potential for confusion is assessed at the moment when a transactional decision is required. In ‘trade mark infringement cases in order to ... More

The conventional assumption in trade mark law is that the potential for confusion is assessed at the moment when a transactional decision is required. In ‘trade mark infringement cases in order to establish liability, a plaintiff must establish that there is a likelihood of confusion between the junior user’s mark and the senior user’s mark. . . Most cases involve confusion at the point of sale’. However two other variants have also been recognised by courts. This chapter reviews the authorities which establish liability for confusion (1) that occurs prior to a purchase transaction and which may even be corrected before the transaction occurs, or (2) is generated by the use of a sign in relation to a product after its purchase. The former is referred to as initial interest confusion while the latter is known as post-sale confusion. While seemingly presented as a question of timing—when is the relevant consumer confused? —each variant more fundamentally relates to the presence or absence of meaningful harm to the trade mark owner. Less