Flexible implementation and the energy efficiency directive

This paper analyses patterns of differentiated implementation in four member states (Czechia, Germany, Ireland and the Netherlands) under the 2012 Energy Efficiency Directive (EED). Differentiated implementation occurs when member states makes use of the discretion given to them in EU legislation. This paper seeks to analyse whether differentiated implementation occurred under the EED and what this means for the effectiveness and legitimacy of the Directive. The EE offers broad discretion to member states in choosing and specifying targets and measures related to energy efficiency. The four member states have made extensive use of this discretion. The dominant pattern in this regard is that member states have used the discretion to retain domestic measures that were already in place. This pattern is driven by a combination of inertia and the wish not to disrupt well-working approaches. Overall, the pattern of differentiated implementation that resulted has arguably had a positive effect on goal-achievement under as well as domestic acceptance of the EED. At the same time, the Directive’s impact on domestic policies and approaches has been limited.This project received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement number 822304. The content of this document represents only the views of the InDivEU consortium and is its sole responsibility. The European Commission does not accept any responsibility for use that may be made of the information it contains

Flexible implementation and the energy efficiency directive

This paper analyses patterns of differentiated implementation in four member states (Czechia, Germany, Ireland and the Netherlands) under the 2012 Energy Efficiency Directive (EED). Differentiated implementation occurs when member states makes use of the discretion given to them in EU legislation. This paper seeks to analyse whether differentiated implementation occurred under the EED and what this means for the effectiveness and legitimacy of the Directive. The EE offers broad discretion to member states in choosing and specifying targets and measures related to energy efficiency. The four member states have made extensive use of this discretion. The dominant pattern in this regard is that member states have used the discretion to retain domestic measures that were already in place. This pattern is driven by a combination of inertia and the wish not to disrupt well-working approaches. Overall, the pattern of differentiated implementation that resulted has arguably had a positive effect on goal-achievement under as well as domestic acceptance of the EED. At the same time, the Directive’s impact on domestic policies and approaches has been limited

Inspiration and issues regarding creative continuity from a copyright law perspective

Inspiration and issues regarding creative continuity from a copyright law perspective Abstract An omnipresent element in the emergence of copyright-protected works is the inspiration by the creative work of previous authors and creative continuity with its results. Yet in which manner does copyright law deal with situations when the personal imprint of the author in the form of a work is not exclusively the imprint of the sole author? Problematic in fulfilling the goal of fostering creativity remains establishing the regulatory balance between protecting existing works and protecting the possibility of freely creating new works. The topic of this paper is an analysis of non-contractual flexibility which copyright law offers to authors building upon previous works, including an evaluation of the current regulation. At first, the terms inspiration and creative continuity are placed in a copyright law context and the areas which are key to enabling non-contractual flexibility are identified. The thesis is divided into two pivotal parts, which contain ten analytical sections. The first part deals with an analysis of the definition components of a copyright protected work, which represent the general limits of copyright protection. The aim of this part is to outline the differentiation between copyright...Inspirace a problematika tvůrčí návaznosti z hlediska autorského práva Abstrakt Všudypřítomným prvkem při vzniku autorských děl je inspirace tvorbou předchozích autorů a tvůrčí navázání na její výsledky. Jakým způsobem se ale autorské právo vypořádává se situacemi, kdy otisk autorovy osobnosti ve formě díla není jen otiskem výlučně autorovým? Problematickým při plnění cíle podpory kreativity zůstává nastavení regulativní rovnováhy mezi ochranou existujících děl a ochranou možnosti svobodně tvořit díla nová. Předmětem této práce je analýza mimosmluvní flexibility, kterou autorské právo poskytuje autorům navazujícím na předešlá díla, včetně zhodnocení současné úpravy. Na úvod práce jsou pojmy inspirace a tvůrčí návaznost zasazeny do autorskoprávního kontextu a identifikovány oblasti, které jsou pro umožnění mimosmluvní flexibility klíčové. Práce je dále členěna do dvou stěžejních částí, které zahrnují deset analytických oddílů. První část se věnuje analýze definičních znaků autorského díla, které představují obecné limity autorskoprávní ochrany. Cílem této části je nastínit rozlišení autorskoprávně chráněných a nechráněných prvků tvorby, včetně kritérií tohoto dělení, a tím zhodnotit možnosti pro mimosmluvní navázání dalších autorů. Analytické oddíly v první části se zabývají pozitivní i negativní definici...Institute of Copyright, Industrial Property and Competition LawÚstav práva autorského, práv průmyslových a práva soutěžníhoFaculty of LawPrávnická fakult

The Caryāpadas: its language and religious meaning

This work aims to provide an overview of topic through the summary of available secondary literature. The discussed topic is one thousand years old Bengali religious songs. About fifty of these songs were discovered one hundred years ago in a Nepalese archive. Authors of the songs were mostly Buddhist laymen and masters from the area of nowadays Bangladesh and West Bengal. These songs are considered by scholars to be the oldest specimen of literature written in Bengali language although this pre-eminent position is claimed by closely related Indo-Aryan languages like Assamese, Bihari and Oriya too. Beside the philological aspect we are concerned with a particular coded language used in these songs. Then we discuss their content and spiritual meaning and we place the ideas they express into wider religious context

The Caryāpadas: its language and religious meaning

This work aims to provide an overview of topic through the summary of available secondary literature. The discussed topic is one thousand years old Bengali religious songs. About fifty of these songs were discovered one hundred years ago in a Nepalese archive. Authors of the songs were mostly Buddhist laymen and masters from the area of nowadays Bangladesh and West Bengal. These songs are considered by scholars to be the oldest specimen of literature written in Bengali language although this pre-eminent position is claimed by closely related Indo-Aryan languages like Assamese, Bihari and Oriya too. Beside the philological aspect we are concerned with a particular coded language used in these songs. Then we discuss their content and spiritual meaning and we place the ideas they express into wider religious context

Inspiration and issues regarding creative continuity from a copyright law perspective

Inspiration and issues regarding creative continuity from a copyright law perspective Abstract An omnipresent element in the emergence of copyright-protected works is the inspiration by the creative work of previous authors and creative continuity with its results. Yet in which manner does copyright law deal with situations when the personal imprint of the author in the form of a work is not exclusively the imprint of the sole author? Problematic in fulfilling the goal of fostering creativity remains establishing the regulatory balance between protecting existing works and protecting the possibility of freely creating new works. The topic of this paper is an analysis of non-contractual flexibility which copyright law offers to authors building upon previous works, including an evaluation of the current regulation. At first, the terms inspiration and creative continuity are placed in a copyright law context and the areas which are key to enabling non-contractual flexibility are identified. The thesis is divided into two pivotal parts, which contain ten analytical sections. The first part deals with an analysis of the definition components of a copyright protected work, which represent the general limits of copyright protection. The aim of this part is to outline the differentiation between copyright..

Flexible implementation and the energy efficiency directive

This paper analyses patterns of differentiated implementation in four member states (Czechia, Germany, Ireland and the Netherlands) under the 2012 Energy Efficiency Directive (EED). Differentiated implementation occurs when member states makes use of the discretion given to them in EU legislation. This paper seeks to analyse whether differentiated implementation occurred under the EED and what this means for the effectiveness and legitimacy of the Directive. The EE offers broad discretion to member states in choosing and specifying targets and measures related to energy efficiency. The four member states have made extensive use of this discretion. The dominant pattern in this regard is that member states have used the discretion to retain domestic measures that were already in place. This pattern is driven by a combination of inertia and the wish not to disrupt well-working approaches. Overall, the pattern of differentiated implementation that resulted has arguably had a positive effect on goal-achievement under as well as domestic acceptance of the EED. At the same time, the Directive’s impact on domestic policies and approaches has been limited

Round-up of national copyright decisions 2022

In 2022, national courts in individual European Union (EU) Member States and in Australia, China, Singapore, the United Arab Emirates (UAE) and the United Kingdom (UK) delivered a series of important rulings in the copyright field. This contribution provides a round-up of the most significant judgments issued in the period of 1 January to 31 December 2022