Suchergebnisse

The aim of the research: international trade is one of the most important instruments in the modern globalized economy which is used to achieve wealth and economic growth in all countries of the world that belong to the free trade and open market system governed by such international organizations as World Trade Organization (WTO) or World Customs Organization (WCO). This year (in February 2021) the European Commission also presented and outlined the EU future guidelines/strategy of the international trade and customs policy ("Trade Policy Review", COM (2021) 66 final (European Commission, 2021). Having this in mind, the author of the article reviews the provisions of the above-mentioned document regarding the planned changes in the EU trade policy towards specific third countries (major EU trading partners) and analyses their significance for the EU Member States (including Lithuania)

The aim of the research: international trade is one of the most important instruments in the modern globalized economy which is used to achieve wealth and economic growth in all countries of the world that belong to the free trade and open market system governed by such international organizations as World Trade Organization (WTO) or World Customs Organization (WCO). This year (in February 2021) the European Commission also presented and outlined the EU future guidelines/strategy of the international trade and customs policy ("Trade Policy Review", COM (2021) 66 final (European Commission, 2021). Having this in mind, the author of the article reviews the provisions of the above-mentioned document regarding the planned changes in the EU trade policy towards specific third countries (major EU trading partners) and analyses their significance for the EU Member States (including Lithuania)

Subject of the master thesis is to analyze measurements to reach environmental protection and food law objective, describe the restictions of the free movement of goods which are based on scientific assessment. This phase is a part of risk analysis which includes risk management and risk awareness. World Trade Organization does not distinguish the risk management phase based on precautionary principle. However, all three phases are clearly distinguished and regulated, thus, the principle is interpreted differently in these legal systems. Judicial review of restrictive measures based on scientific assessments stands out in a way that judges are required to analyze scientific evidences in order to carry out assessment of these measurements. Standards of judicial review in the European Union and World Trade Organization are determined by diverse courts involvement in this process. Therefore, external expert provide consultations for the judicial institutions as the specific knowledge is required in order to assess circumstances of the dispute.

Subject of the master thesis is to analyze measurements to reach environmental protection and food law objective, describe the restictions of the free movement of goods which are based on scientific assessment. This phase is a part of risk analysis which includes risk management and risk awareness. World Trade Organization does not distinguish the risk management phase based on precautionary principle. However, all three phases are clearly distinguished and regulated, thus, the principle is interpreted differently in these legal systems. Judicial review of restrictive measures based on scientific assessments stands out in a way that judges are required to analyze scientific evidences in order to carry out assessment of these measurements. Standards of judicial review in the European Union and World Trade Organization are determined by diverse courts involvement in this process. Therefore, external expert provide consultations for the judicial institutions as the specific knowledge is required in order to assess circumstances of the dispute.

Doctoral dissertation "Theoretical and practical aspects of legal regulations concerning parallel import of medical products" analyses assumptions enabling parallel import of medical products – medicinal products intended for human use, veterinary medicinal products and medical devices – in the internal market of the European Union together evaluating specific formal requirements characteristic to the parallel trade of the just mentioned products while considering that the use of medical products is linked to the protection of public health and life. This work evaluates legal regulation concerning the parallel import of medical products, with particular focus on the regulatory interpretation of jurisprudence of the Court of Justice of the European Union and systematic analysis of laws and regulations of the Republic of Lithuania. The scientific study concludes, that in general the term "parallel import" can be defined as a legal form of trade within European Union internal market, which results from different price levels within the Member States, and which is based on Article 34 of the Treaty of the European Union and is carried out in accordance with the restrictions related to the protection of public health and safety and intellectual property rights which is based on Article 36 of the Treaty of the European Union. Dissertation research indicates that legal presumptions of parallel import of medical products derive from principle of freedom of trade enshrined in the Treaty of the Functioning of the European Union and from exhaustion of intellectual property rights. It is noted, that specificity of the parallel trade of medical products is also determined by the fact that these products are protected by intellectual property rights (patents, trademarks). When analysing the application of the principle of freedom of trade in the pharmaceutical sector dissertation states that Member States of the European Union has a different interpretation of this principle, thus, as shown by the practise of the Court of Justice of the European Union, such different interpretations lead to restrictions of freedom of trade especially when Member States make decisions regarding authorization of parallel import of medicinal products. According to the survey and analysis of jurisprudence of the Court of Justice of the European Union hindrances leading to the unfounded restrictions of parallel import of medical products are identified and proposals enabling better use of advantages coming from parallel import when intending to increase availability of medical products to the patients are given.

Doctoral dissertation "Theoretical and practical aspects of legal regulations concerning parallel import of medical products" analyses assumptions enabling parallel import of medical products – medicinal products intended for human use, veterinary medicinal products and medical devices – in the internal market of the European Union together evaluating specific formal requirements characteristic to the parallel trade of the just mentioned products while considering that the use of medical products is linked to the protection of public health and life. This work evaluates legal regulation concerning the parallel import of medical products, with particular focus on the regulatory interpretation of jurisprudence of the Court of Justice of the European Union and systematic analysis of laws and regulations of the Republic of Lithuania. The scientific study concludes, that in general the term "parallel import" can be defined as a legal form of trade within European Union internal market, which results from different price levels within the Member States, and which is based on Article 34 of the Treaty of the European Union and is carried out in accordance with the restrictions related to the protection of public health and safety and intellectual property rights which is based on Article 36 of the Treaty of the European Union. Dissertation research indicates that legal presumptions of parallel import of medical products derive from principle of freedom of trade enshrined in the Treaty of the Functioning of the European Union and from exhaustion of intellectual property rights. It is noted, that specificity of the parallel trade of medical products is also determined by the fact that these products are protected by intellectual property rights (patents, trademarks). When analysing the application of the principle of freedom of trade in the pharmaceutical sector dissertation states that Member States of the European Union has a different interpretation of this principle, thus, as shown by the practise of the Court of Justice of the European Union, such different interpretations lead to restrictions of freedom of trade especially when Member States make decisions regarding authorization of parallel import of medicinal products. According to the survey and analysis of jurisprudence of the Court of Justice of the European Union hindrances leading to the unfounded restrictions of parallel import of medical products are identified and proposals enabling better use of advantages coming from parallel import when intending to increase availability of medical products to the patients are given.

New Labor Code and changes in regulation of labor relations in Lithuania was the most important structural reform in A. Butkevičius Cabinet. This case is interesting because often politicians do not implement unpopular reforms especially in social policy area because they want to be reelected. In this case Labor Code was changed only month before elections. The aim of this paper is to explain why unpopular and controversial decision to change Labor Code was taken before elections. Public policy change in this case is explained using Advocacy coalition framework developed by Paul. A. Sabatier. At first stage of empirical investigation there were identified three main coalitions acting in the subsystem of the regulation of labor relations. Further investigation and empirical evidence related with external factors shows that they were necessary but not sufficient. They created favorable environment for a change, but more important were coalitions ability to use this opportunity. Talking about coalitions strategies in this case there were identified several strategies related with resources that coalitions could use to influence policy process. The most effective was majority strategy which led flexicurity coalition to adopt new Labor Code. This coalition had an advantage because most of its members had formal legal authority to make policy decisions. Supporting coalition for liberalization of labor relations also helped by launching successful lobbying campaigns. In this case it is important to mention the role of opposition in Parliament. Liberals and some members of TS – LKD voted in favor for the new Labor Code and helped to collect required number of votes. The other very important factor in this case was the leadership of Prime Minister A. Butkevičius. Despite the fact that he as a politician was seen as indecisive in this case A. Butkevičius took a role as a leader and mobilized support for this reform. It was expected that the change in regulation of labor relations in Lithuania could also be explained by policy learning. However hypothesis related with learning was not confirmed because in this case there were high level of conflict between coalitions, especially between employers' organizations and trade unions. Also discussion was not based on clear and universally accepted causal theories and there did not exist prestigious forums that could allow members of different coalitions to participate and exchange ideas. There were some changes in some actors' opinions, however they are better explained not by learning but by pragmatic considerations.

New Labor Code and changes in regulation of labor relations in Lithuania was the most important structural reform in A. Butkevičius Cabinet. This case is interesting because often politicians do not implement unpopular reforms especially in social policy area because they want to be reelected. In this case Labor Code was changed only month before elections. The aim of this paper is to explain why unpopular and controversial decision to change Labor Code was taken before elections. Public policy change in this case is explained using Advocacy coalition framework developed by Paul. A. Sabatier. At first stage of empirical investigation there were identified three main coalitions acting in the subsystem of the regulation of labor relations. Further investigation and empirical evidence related with external factors shows that they were necessary but not sufficient. They created favorable environment for a change, but more important were coalitions ability to use this opportunity. Talking about coalitions strategies in this case there were identified several strategies related with resources that coalitions could use to influence policy process. The most effective was majority strategy which led flexicurity coalition to adopt new Labor Code. This coalition had an advantage because most of its members had formal legal authority to make policy decisions. Supporting coalition for liberalization of labor relations also helped by launching successful lobbying campaigns. In this case it is important to mention the role of opposition in Parliament. Liberals and some members of TS – LKD voted in favor for the new Labor Code and helped to collect required number of votes. The other very important factor in this case was the leadership of Prime Minister A. Butkevičius. Despite the fact that he as a politician was seen as indecisive in this case A. Butkevičius took a role as a leader and mobilized support for this reform. It was expected that the change in regulation of labor relations in Lithuania could also be explained by policy learning. However hypothesis related with learning was not confirmed because in this case there were high level of conflict between coalitions, especially between employers' organizations and trade unions. Also discussion was not based on clear and universally accepted causal theories and there did not exist prestigious forums that could allow members of different coalitions to participate and exchange ideas. There were some changes in some actors' opinions, however they are better explained not by learning but by pragmatic considerations.

New Labor Code and changes in regulation of labor relations in Lithuania was the most important structural reform in A. Butkevičius Cabinet. This case is interesting because often politicians do not implement unpopular reforms especially in social policy area because they want to be reelected. In this case Labor Code was changed only month before elections. The aim of this paper is to explain why unpopular and controversial decision to change Labor Code was taken before elections. Public policy change in this case is explained using Advocacy coalition framework developed by Paul. A. Sabatier. At first stage of empirical investigation there were identified three main coalitions acting in the subsystem of the regulation of labor relations. Further investigation and empirical evidence related with external factors shows that they were necessary but not sufficient. They created favorable environment for a change, but more important were coalitions ability to use this opportunity. Talking about coalitions strategies in this case there were identified several strategies related with resources that coalitions could use to influence policy process. The most effective was majority strategy which led flexicurity coalition to adopt new Labor Code. This coalition had an advantage because most of its members had formal legal authority to make policy decisions. Supporting coalition for liberalization of labor relations also helped by launching successful lobbying campaigns. In this case it is important to mention the role of opposition in Parliament. Liberals and some members of TS – LKD voted in favor for the new Labor Code and helped to collect required number of votes. The other very important factor in this case was the leadership of Prime Minister A. Butkevičius. Despite the fact that he as a politician was seen as indecisive in this case A. Butkevičius took a role as a leader and mobilized support for this reform. It was expected that the change in regulation of labor relations in Lithuania could also be explained by policy learning. However hypothesis related with learning was not confirmed because in this case there were high level of conflict between coalitions, especially between employers' organizations and trade unions. Also discussion was not based on clear and universally accepted causal theories and there did not exist prestigious forums that could allow members of different coalitions to participate and exchange ideas. There were some changes in some actors' opinions, however they are better explained not by learning but by pragmatic considerations.

New Labor Code and changes in regulation of labor relations in Lithuania was the most important structural reform in A. Butkevičius Cabinet. This case is interesting because often politicians do not implement unpopular reforms especially in social policy area because they want to be reelected. In this case Labor Code was changed only month before elections. The aim of this paper is to explain why unpopular and controversial decision to change Labor Code was taken before elections. Public policy change in this case is explained using Advocacy coalition framework developed by Paul. A. Sabatier. At first stage of empirical investigation there were identified three main coalitions acting in the subsystem of the regulation of labor relations. Further investigation and empirical evidence related with external factors shows that they were necessary but not sufficient. They created favorable environment for a change, but more important were coalitions ability to use this opportunity. Talking about coalitions strategies in this case there were identified several strategies related with resources that coalitions could use to influence policy process. The most effective was majority strategy which led flexicurity coalition to adopt new Labor Code. This coalition had an advantage because most of its members had formal legal authority to make policy decisions. Supporting coalition for liberalization of labor relations also helped by launching successful lobbying campaigns. In this case it is important to mention the role of opposition in Parliament. Liberals and some members of TS – LKD voted in favor for the new Labor Code and helped to collect required number of votes. The other very important factor in this case was the leadership of Prime Minister A. Butkevičius. Despite the fact that he as a politician was seen as indecisive in this case A. Butkevičius took a role as a leader and mobilized support for this reform. It was expected that the change in regulation of labor relations in Lithuania could also be explained by policy learning. However hypothesis related with learning was not confirmed because in this case there were high level of conflict between coalitions, especially between employers' organizations and trade unions. Also discussion was not based on clear and universally accepted causal theories and there did not exist prestigious forums that could allow members of different coalitions to participate and exchange ideas. There were some changes in some actors' opinions, however they are better explained not by learning but by pragmatic considerations.

Non-conventional Marks in Trade Mark Law This paper concentrates on the legal and practical issues concerning special marks in the trademark law. A non-conventional trademark, also known as a nontraditional trademark, is any new type of trademark which does not belong to a pre-existing, conventional category of trademark, and which is often difficult to register, but which may nevertheless fulfil the essential trademark function of uniquely identifying the commercial origin of products or services. It was sought in this paper to find the borderline between protectable and unprotectable special marks, discuss the solutions to the controversial issues of specific unusual marks. There are also some general remarks together with comments on the scope, purpose and methodology of this paper. International conventions affecting trade marks in general and special marks in particular are also discussed. The attention was mainly paid to the European Community legal and practical instruments on trademarks as well as the main contents of the Community trademark. Non-conventional mark is a relatively recent novelty in Community regulations and not all prior national legislation recognizes it. Under many national laws, it is not possible to register a colour, sound, smell, taste, motion or other similar type of mark. Therefore, the businessperson who wishes to protect himself against the confusing use of such signs on the market must often place his trust in the residual safeguard offered by laws on unfair competition, passing off, copyright, or design, if and when these are applicable.

Non-conventional Marks in Trade Mark Law This paper concentrates on the legal and practical issues concerning special marks in the trademark law. A non-conventional trademark, also known as a nontraditional trademark, is any new type of trademark which does not belong to a pre-existing, conventional category of trademark, and which is often difficult to register, but which may nevertheless fulfil the essential trademark function of uniquely identifying the commercial origin of products or services. It was sought in this paper to find the borderline between protectable and unprotectable special marks, discuss the solutions to the controversial issues of specific unusual marks. There are also some general remarks together with comments on the scope, purpose and methodology of this paper. International conventions affecting trade marks in general and special marks in particular are also discussed. The attention was mainly paid to the European Community legal and practical instruments on trademarks as well as the main contents of the Community trademark. Non-conventional mark is a relatively recent novelty in Community regulations and not all prior national legislation recognizes it. Under many national laws, it is not possible to register a colour, sound, smell, taste, motion or other similar type of mark. Therefore, the businessperson who wishes to protect himself against the confusing use of such signs on the market must often place his trust in the residual safeguard offered by laws on unfair competition, passing off, copyright, or design, if and when these are applicable.

Non-conventional Marks in Trade Mark Law This paper concentrates on the legal and practical issues concerning special marks in the trademark law. A non-conventional trademark, also known as a nontraditional trademark, is any new type of trademark which does not belong to a pre-existing, conventional category of trademark, and which is often difficult to register, but which may nevertheless fulfil the essential trademark function of uniquely identifying the commercial origin of products or services. It was sought in this paper to find the borderline between protectable and unprotectable special marks, discuss the solutions to the controversial issues of specific unusual marks. There are also some general remarks together with comments on the scope, purpose and methodology of this paper. International conventions affecting trade marks in general and special marks in particular are also discussed. The attention was mainly paid to the European Community legal and practical instruments on trademarks as well as the main contents of the Community trademark. Non-conventional mark is a relatively recent novelty in Community regulations and not all prior national legislation recognizes it. Under many national laws, it is not possible to register a colour, sound, smell, taste, motion or other similar type of mark. Therefore, the businessperson who wishes to protect himself against the confusing use of such signs on the market must often place his trust in the residual safeguard offered by laws on unfair competition, passing off, copyright, or design, if and when these are applicable.

Non-conventional Marks in Trade Mark Law This paper concentrates on the legal and practical issues concerning special marks in the trademark law. A non-conventional trademark, also known as a nontraditional trademark, is any new type of trademark which does not belong to a pre-existing, conventional category of trademark, and which is often difficult to register, but which may nevertheless fulfil the essential trademark function of uniquely identifying the commercial origin of products or services. It was sought in this paper to find the borderline between protectable and unprotectable special marks, discuss the solutions to the controversial issues of specific unusual marks. There are also some general remarks together with comments on the scope, purpose and methodology of this paper. International conventions affecting trade marks in general and special marks in particular are also discussed. The attention was mainly paid to the European Community legal and practical instruments on trademarks as well as the main contents of the Community trademark. Non-conventional mark is a relatively recent novelty in Community regulations and not all prior national legislation recognizes it. Under many national laws, it is not possible to register a colour, sound, smell, taste, motion or other similar type of mark. Therefore, the businessperson who wishes to protect himself against the confusing use of such signs on the market must often place his trust in the residual safeguard offered by laws on unfair competition, passing off, copyright, or design, if and when these are applicable.

The legal status of the trade unions SUMMARY The legal status of the trade unions is essential not only in its capacity of an independent body or the one of an employees representative but also as to an organization that affects the legislative acts issuance and participates in the political process. The opening part of this paper covers this topic's actuality, originality and novelty, its main objective, research domain and methods and the literature referred to. The paper is comprised of three parts: 1. The Trade Union Status; 2. The Trade union Status in relation to collective labor; 3. The trade Union Status in relation to individual labor. The first part consists of six sections. It is important to discuss in short the evolution of a trade union legal status using historical methodology and comparing the changes of this organization's status both in Lithuania and internationally. The freedom of associations recognized internationally as one the major principles is affirmed in the fundamental legislative act of Lithuania – the Constitution of Lithuania - which forms the basis to set up trade unions. In order to outline this topic the analysis of the concept and main characteristics elaborates on the organization's status and place in the labor law system. Founding and registration procedures drawbacks as well as regulations' inconsistencies are also covered by this analysis. Since the trade unions being a juridical organization with limited civil responsibilities dispose of their property, the issue of property disbursement after the restoration of Lithuanian independence is no less important. It is also necessary to compare the trade unions to the labor councils that are alternative employee representative body within an enterprise/company. The second part consists of three sections. The social partnership and its influence on the trade unions are analyzed in this part. The differences in the trade union status at the level of enterprise and above; the problems that arise in the process of defining the parties in collective talks, agreements and disputes as well as who has the right to announce a strike and what is the difference between the roles of trade unions and the labor councils – these are the issues of the second part. The third part consists of four sections. The analysis of the trade union status in the individual labor partnership is presented in this part. It is stated that the trade union is not only a representative of the employees but also an independent body enabled to be a plaintiff and a defendant in the court of justice. Also, analyzed are the guarantees given to members of the trade union elected bodies, the special role of these members, and the growing status of the trade union from the employers' and public viewpoints.