/library/oar/handle/123456789/9256 2025-12-27T18:25:26Z 2025-12-27T18:25:26Z /library/oar/handle/123456789/130026 2024-12-19T09:05:42Z 2015-01-01T00:00:00Z

Title: The grounds of revocation found under EU and Maltese trademarks legislation : a study Abstract: A trademark acts to differentiate between the goods and services of a company. It is the mark by means of which a business can attract and retain its client base and create value and growth. This ongoing growth of trade mark applications has been associated with an increase in expectations on the part of stakeholders for more simplified and efficient trade mark registration procedures. However this growth has also led to a situation where trademarks have remained not utilised, which in itself creates problems for this sector. It is for this reason that the grounds for revocation of trademarks, which will be dealt with in this study, are a key to keeping control over the situation. It is an accepted fact that trademarks, allow the public to differentiate between goods of numerous suppliers at the point of sale. This is useful. both from the point of view of the customer, but also from that of the brand owner. It is evident, that a registered trade mark has two complimentary qualities - one enabling a consumer to make a distinction between the goods from different sources and secondly, it is fundamentally important that the trade mark's owner retains the exclusivity to market goods or services protected by the mark. The Court of Justice of the European Union, has played an important role in the development of this particular area, relative to the grounds of revocation and has gone into this all important fields relating to trademarks, which has these two very important functions of protecting both the consumer's as well as the proprietor's rights. This dissertation will deal with an analysis of the grounds of revocation as distinct from the grounds of invalidation found in the EU Trademark Directive and Regulation and also in Chapter 416 of the Laws of Malta and implicitly examine their proprietary rights as a basis to enable this work to give a more detailed critical study of the important grounds of revocation. Description: LL.M.EUR.COMP.

2015-01-01T00:00:00Z /library/oar/handle/123456789/129879 2024-12-16T08:37:20Z 2015-01-01T00:00:00Z

Title: The best interest of the child is the purpose of the 1980 Hague Convention on the Civil Aspects of International Child Abduction? Abstract: The study conducted in this thesis is about Parental Child Abduction in relation to the Hague Convention 1980 on the Civil Aspects of International Child Abduction. The study seeks to answer the question as to whether the 1980 Hague Convention is in fact in the child's best interest. In this study reference is given to the meaning of the child's 'Best Interest'. This is because there is no definition in the 1980 Hague Convention as to what constitutes the child's best interest. To answer this question, various articles of the 1980 Hague Convention itself were analysed as well as case law. During this situdy various aspects of the Hague Convention were discussed, amongst which; the right of the child to be heard; the court delays; the Judges experience and training and Article 8 of the European Convention on Human Rights. Analysing the 1980 Hague Convention in detail was of utmost importance, only through these areas of study was it possible to attempt to answer the research question. In the conclusion apart for arriving to a conclusion and an opinion, that yes the 1980 Hague Convention is in fact in the child's best interest. Other suggestions where proposed, to help achieve better results in this field, always keeping in mind the child's welfare. Mediation was here discussed were the pros and cons were also mention and discussed. This study overall is an in depth study of the 1980 Hague Convention, only in relation to the child's best interest. Description: LL.M.

2015-01-01T00:00:00Z /library/oar/handle/123456789/127424 2024-10-11T09:02:16Z 2015-01-01T00:00:00Z

Title: Mediation and the Maltese family courts : an evaluation of practices with an eye to improvement Abstract: i) Rationale of the proposed study: Mediation is a conflict resolution technique which aims at attaining peace through negotiation. Mediation may be used in various contexts, of which the community, schools, family issues, commercial matters, legal issues and diplomatic matters. The major distinctive features of mediation include its private and confidential nature, its cost-effectiveness and ability to keep control of parties. Through the various strengths of mediation, of which the provision of support by the mediator to the parties, there is a high probability that the agreement reached will be complied with, thus increasing the effectiveness of mediation as a tool for conflict resolution. ii) Conceptual framework Literature affirms that various elements need to be considered during mediation sessions, for them to be perceived as effective and objective (Beer and Stief, 1997). Scholars state that the array of factors which are to be considered vary from the place where the sessions are taking place to the techniques used by the mediators (Beer et al., 1997). Mediation sessions need to be held in a place believed to be neutral for all parties, arranged in such a manner that all participants are perceived to be equal and at a time which is convenient to all. The study will analyse whether the parties are made aware of what the process entails and whether they are offered an explanation of the importance of ground rules. Perception is important especially because of the emphasis placed by scholars on issues as the explanation of ground rules, where Beer et al. (1997) argue that ground rules should not he set at the very beginning since it should not ''imply that the parties may not 'behave' or that you are worried about keeping control. Most importantly, this lets the parties get credit for being civil or respectful, rather than for just obediently following your rules" (Beer et al., 1997 pp. 93). Moreover, there needs to be a distinction between interests and positions for an effective and efficient resolution of conflict (Fisher and Ury, 1991). Mediators need to be aware of the positions people come in with, a list of problems and the corresponding list of Nevertheless the mediator has to be very careful for and conscious of any biases s/he might be subject to. The mediator needs to be self-aware and honest to himself/herself and to the parties. S/he needs to be open to any beliefs s/he might embrace and any feelings which might arise in such situation, together with the possible effects and repercussions which might arise as a result of those feelings. The mediator's awareness of biases while communicating them to the parties, advocates for genuineness and openness, heightening the possibility of a successful outcome in reaching an agreement favourable for all parties. Through the process, the mediator encourages the spouses to show respect for each other, to engage in cooperative behaviour, and to develop a workable solution to their conflict. Mediation is not just a process of generating agreement between parties to a conflict, but one of fostering resolution. In this way the conflict is not suppressed only to re-emerge in the future (Grebe, 1986 pp. 64) The conceptual framework highlighted above will be analysed in light of European Recommendation No R (98) 1 of the Committee of Ministers to Member States on Family Mediation. Thus, the analysis will take place through a number of themes namely the scope, organisation and process of mediation, the status of mediated agreements and the relationship between mediation and proceedings before the judicial or other competent authority. Also, the promotion of and access to mediation will be analysed. Moreover, Directive 2008/52/EC of the European Parliament and the Council of 21 May 2008 of Certain Aspects of Mediation in Civil and Commercial Matters will be considered. [...] Description: M.A.MEDIATION

2015-01-01T00:00:00Z /library/oar/handle/123456789/103309 2022-11-02T08:18:24Z 2015-01-01T00:00:00Z

Title: The Maltese regulation of digital games (with prize) in the light of EU law Abstract: The continuous developments affecting the digital gaming industry have generated innovations in business models, gameplay, playing devices and communication technologies. The growth of cross-border gaming operations and game development companies created new employment opportunities, gaming formats and monetisation systems that presented new challenges for regulatory and legislative institutions that are mandated to ensure that players are safeguarded from illicit practices, such as identity theft, whilst enforcing measures to prevent money laundering, illegal gambling and tax evasion practices. In response to the rapid expansion of the services sector, the EU intensified its efforts to attain an internal market primarily by enhancing the fundamental freedom provisions through the enactment of various European law. However, the pace of the legislative processes in the Union contrasted sharply with the rapid changes occurring in the digital gaming industry. This asynchronous relationship is pervasive and can also be detected in other countries at different levels of jurisdiction. The effects of this regulatory conundrum are analysed to discern its implications for the digital gaming sector and for consumer protection. A diachronic and synchronic comparative study of Maltese and EU regulation was undertaken focusing on the provision of digital games (with prize) services in contrast to gambling services. This entailed a detailed consideration of the concepts of 'chance' and 'skill', the characteristics of online skill games and their variants, the fundamental freedoms provisions of services and establishment, the ¸£ÀûÔÚÏßÃâ·Ñ Directive, other relevant EU legislation, the decisions handed down in various juridical jurisdictions, and the legal frameworks developed in selected foreign countries. This study formulated the basis for the critical analysis of the actions and changes that constituted the development of the proposed Maltese Regulation of digital games (with prize). Description: LL.M.(Melit.)

2015-01-01T00:00:00Z