The Panel in EC Sample Clauses

The 'Panel in EC' clause establishes the formation and role of a panel within the European Commission (EC) context, typically for dispute resolution or decision-making purposes. This clause outlines how the panel is constituted, who may serve as its members, and the procedures it follows when addressing issues or disputes that arise under the agreement. For example, it may specify the number of panelists, their qualifications, and the timeline for their appointment. The core function of this clause is to provide a structured and impartial mechanism for resolving disagreements, thereby ensuring fairness and predictability in the administration of the agreement.
The Panel in EC. Bed Linen examined whether, further to having defined the Community industry as a group of 35 producers and resorted to a sample of those producers, the European Communities was precluded from considering information relating to producers not within that sample, or not within the Community industry.
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The Panel in EC. Trademarks and Geographical Indications examined each aspect of the Regulation at issue that was the subject of a national treatment claim in terms of the definition of "protection" of intellectual property set out in footnote 3 (see para. 25 below). 1.2.6 Footnote 3‌
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The Panel in EC. Trademarks and Geographical Indications examined each aspect of the Regulation at issue that was the subject of a national treatment claim in terms of the definition of "protection" of intellectual property set out in footnote 3. It found that the applicability of the Regulation, the application procedures, the objection procedures, the product inspection structures and a labelling requirement all fell within the scope of footnote 3: "The national treatment obligation in Article 3 of the TRIPS Agreement applies "with regard to the protection of intellectual property". Footnote 3 provides an inclusive definition of the term "protection" as used in Articles 3 and 4."24 … (1) refers to how the Regulation "may apply", which is a reference to the availability of intellectual property rights in relation to "designations of origin" and "geographical indications", as defined in the Regulation."25 … "[P]rocedures for the filing and examination of applications for registration are matters affecting the acquisition of intellectual property rights in relation to "designations of origin" and "geographical indications", as defined in the Regulation."26 … "Procedures for objections to such applications are related to the procedures for acquisition, as recognized in the fourth paragraph of Article 62 (which uses the word "opposition") and the title of that article. Hence, opposition procedures are also matters "affecting" the acquisition of intellectual property rights which concern the "protection" of intellectual property, as clarified in footnote 3 to the TRIPS Agreement."27 … "[I]nspection structures ensure that products meet the requirements in the specifications. Whatever else may be the legal character of those structures, it is clear that the specifications include details of the inspection structures and these must be included in, or accompany, all applications for registration. The declaration under 23 Panel Report, Indonesia – Autos, paras. 14.275-14.276. 24 Panel Reports, EC – Trademarks and Geographical Indications (US), para. 7.126, and (Australia), para. 7.176. 25 Panel Reports, EC – Trademarks and Geographical Indications (US), para. 7.128, and (Australia), para. 7.178. See also with respect to Article 4: (US), para. 7.700. 26 Panel Reports, EC – Trademarks and Geographical Indications (US), para. 7.262, and (Australia), para. 7.298. See also with respect to Article 4: (US), para. 7.719. 27 Panel Reports, EC – Trademarks and Geographical Indications (US), ...
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The Panel in EC. Bed Linen, after finding a violation of Article 3.4 by the European Communities, found it "neither necessary nor appropriate" to make a finding with respect to a claim of inadequate notice under Article 12.
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Related to The Panel in EC

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