Excellence in Legal Research. Promoting Polish achievements in the area of legal sciences abroad
Permanent URI for this collection
Realizacja projektu przyczyni się do umiędzynarodowienia polskiej nauki poprzez zwiększenie udziału polskich badaczy z zakresu nauk prawnych w międzynarodowej komunikacji naukowej i popularyzację polskiej myśli prawnej w zakresie bieżących problemów badawczych, kluczowych dla globalnego rozwoju społeczno-gospodarczego, w dziedzinie nauk prawnych i pokrewnych. Dzięki wnikliwej ocenie propozycji projektów wydawniczych przez Radę Naukową Projektu pod przewodnictwem dr hab. Celiny Nowak, prof. INP PAN będzie możliwe podjęcie przez wykonawców pionierskich prac w zakresie zidentyfikowanych problemów, co przyczyni się do podniesienia jakości i przełomowości badań naukowych (frontier research), prowadzonych przez polskich naukowców w pracy nad publikacjami, będącymi efektem realizacji projektu.
Browse
Browsing Excellence in Legal Research. Promoting Polish achievements in the area of legal sciences abroad by Title
Now showing 1 - 6 of 6
Results Per Page
Sort Options
Item EU Trade Mark Law and Product Protection: A Comparative Analysis of Trade Mark Functionality(Routledge, 2023) Brâncuși, LaviniaThis book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.Item International Cooperation, Competition Authorities and Transnational Networks(Taylor & Francis, 2023) Błachucki, MateuszThis book presents a synthesis of selected trends in the dynamics and structure of crime in Poland over the past 30 years, in the context of ongoing social transformations in the wider region. The book explores the impact of the deep systemic transformation of the late 1980s and early 1990s on the phenomenon of crime, its structure and dynamics, and the policy of its control in the following decades. It also examines the impact of changes resulting from the dynamic development of Polish society in the 21st century in the context of global changes towards the emergence of a new form of collective life, a mobile information society based on modern technologies. The focus is primarily on those deviant behaviours that can most obviously be linked to social changes, primarily political, economic, legal, and technological. The work examines disclosed crime figures available in official statistics. It also looks to the future considering the global societal changes caused by the outbreak of the COVID-19 pandemic. Based on preliminary observations made in selected countries, the authors describe associated changes in criminal behaviour and identify some pivotal developments that may influence future trends. The book will be of interest to academics and researchers working in the areas of criminal law, criminology, sociology and criminal policy.Item Mobilities, Social Change and Crime : Lessons from Poland(Taylor & Francis, 2024) Buczkowski, Konrad; Wiktorska, PaulinaThis book presents a synthesis of selected trends in the dynamics and structure of crime in Poland over the past 30 years, in the context of ongoing social transformations in the wider region. The book explores the impact of the deep systemic transformation of the late 1980s and early 1990s on the phenomenon of crime, its structure and dynamics, and the policy of its control in the following decades. It also examines the impact of changes resulting from the dynamic development of Polish society in the 21st century in the context of global changes towards the emergence of a new form of collective life, a mobile information society based on modern technologies. The focus is primarily on those deviant behaviours that can most obviously be linked to social changes, primarily political, economic, legal, and technological. The work examines disclosed crime figures available in official statistics. It also looks to the future considering the global societal changes caused by the outbreak of the COVID-19 pandemic. Based on preliminary observations made in selected countries, the authors describe associated changes in criminal behaviour and identify some pivotal developments that may influence future trends. The book will be of interest to academics and researchers working in the areas of criminal law, criminology, sociology and criminal policy.Item National Courts and the Application of EU Law : Lessons from Poland(Routledge, 2023) Domańska, Monika; Miąsik, Dawid; Szwarc, MonikaThis book presents the case law of Polish courts, namely the Supreme Court, administrative courts and the Constitutional Tribunal, in which the principles of EU law have been successfully applied. It discusses how Polish courts apply principles of consistent interpretation, primacy and direct effect of EU law in their daily adjudicating practice in order to ensure effet utile of EU law, resulting in effective protection of individuals' rights derived from the EU legal order. The book explores the legal nature of these principles and, in particular, the requirement that national rules that are found to be incompatible with legally binding and enforceable EU law should be disapplied by the domestic courts. It explains Polish courts’ reasoning concerning the inseparable relationship between the principle of primacy of EU law and the remedy of disapplication of national law. As the guidelines provided for the national courts by the Court of Justice of the European Union are often quite vague, the work will be important and useful for academics and practitioners from different European jurisdictions to observe the manner in which these principles of EU law are applied in jurisdictions other than their own.Item Persuasion and Legal Reasoning in the ECtHR Rulings : Balancing Impossible Demands(Routledge, 2023) Mężykowska, Aleksandra; Młynarska-Sobaczewska, AnnaThis book analyses the case law of the European Court of Human Rights (ECtHR) from the point of view of argumentative tools used by the Court to persuade the audience – States, applicants and public opinion – of the correctness of its rulings. The ECtHR judgments selected by the authors concern justification of some of the most difficult issues. These are matters related to human life, human dignity and the right to self-determination in matters concerning one’s private life. The authors looked for paths and repetitive patterns of argumentation and divided them into three categories of argumentative tools: authority, deontological and teleological. The work tracks how ECtHR judges aim to find a consensual, universal and, at the same time, pragmatic and axiologically neutral narrative on the collisions of rights and interests in the areas under discussion. It analyses whether the voice of the ECtHR carries the overtones of an ethical statement and, if so, to which arguments it appeals. The book will be of interest to academics and researchers working in the areas of jurisprudence, human rights law, and law and language.Item Threats of Force and International Law: Practice, Responses and Consequences(Routledge, 2023) Kleczkowska, AgataThreats of force are an inherent part of communication between some States. One prominent example is the 2017–2018 crisis in relations between the United States and North Korea, marked by multiple threats issued by both sides. Yet, despite the fact that States seem to use threats of force with unlimited freedom, they are prohibited by international law. This book presents threats of force from the perspective of the practice of States. Thus, the book is based on an examination of multiple cases when States reported threats of force. It describes what threats of force are, examines the status of the prohibition of threats of force as a legal norm, presents examples and describes the mechanisms that are available for States in case threats occur, as well as their legal consequences. The book will be an invaluable resource for academics and researchers in the areas of international security law, public international law, law of armed conflict and international relations.