Search

The article focuses on the directive on certain contractual aspects of the provision of digital content and digital services such as cloud computing. It mentions aim of both directives was to create a uniform consumer contract law with regard to digital products as well as creating physical products with digital components based on the Consumer Goods Directive.

The article discusses the impetus for enacting U.S. federal legislation to regulate labeling of potentially hazardous chemicals in consumer products. Topics discussed include existing legislation at both the federal and state level, the Accurate Labels Act as a potential solution to current consumer confusion and excessive burdens to business, and current issues with preemption in local laws.

The article reports on the topic of products liability in the field of marketing. The authors focus on the roles of marketing managers when it comes to forecasting product misuse. The authors also consider decisions that can be made by marketing managers to prevent liability-related lawsuits resulting from product misuse. The concept of foreseeability, which was established to predict product misuse, is discussed in relation to legal actions including negligence, misrepresentation, and express warranty.

Product liability developments have been widely discussed but often with differing views regarding their impact on companies. This article reviews this debate from a marketing perspective by analyzing relevant insurance industry data and case law decisions. Conclusions drawn from the analysis as well as their implications for marketing managers are presented. [ABSTRACT FROM AUTHOR]

The article presents a discussion the regulation of consumer goods administered by the North Carolina state government for protection of consumers in the state. The author offers a brief review of several regulations implemented by the U.S. federal government such as the product characteristics of food and health goods and the proper labeling of those products. He then switches to the specific measures taken by the North Carolina Department of Agriculture for ensuring proper packaging and measuring of food and other consumer goods as well as regulations on gasoline and health products. Lastly he describes some of the efforts in educating consumers on the regulations.

The article discusses food and drug legislation in the United States, from the first federal laws in 1906 to the Food, Drug and Cosmetic Act of 1938. The early laws worked to combat falsely advertising the therapeutic abilities of drugs, though it is extremely difficult to prove intent with regards to false or misleading statements. The laws regulated weight labels of packaged foods, the milk fat content of butter, and the quality and contents of canned fruits and vegetables. Power sharing between the Federal Trade Commission and Food and Drug Administration over monitoring deceptive advertising is noted as a delay on the Food, Drug and Cosmetic Act of 1938. Early consumer protection laws are described in the article.

The article reports on the Sherman Anti-trust Act and its role in supporting competition and the impact this could have on prices and profitability. The role of differentiation, variation and product advertising in consumer goods markets is discussed. The potential for the Sherman Act to induce price competition, prevent restraints of trade and oppose monopolies is expressed. Thurman Arnolds' "The Bottlenecks of Business" is supportive of anti-trust law's capability to increase real income and employment. His book states that corporations set prices higher than necessary because of non-price competition, that the Sherman Act has not been effective, but that it could work to support competition.

The article examines cases involving product liability concepts under Indiana law in 2017 and provides background information about the Indiana Product Liability Act (IPLA). It cites several court cases including warning and design defects, negligence and tort-based warranty claims, the use of expert witness and federal preemption. It also discussed the pleading requirements to sustain a production liability case and elements of a product liability claim.

Toys and children's products may contain trace metals and organic compounds that are potentially harmful to the health and development of infants and young children. Intergovernmental organizations and individual countries regulate chemicals in consumer products, but a coordinated international approach is lacking. This paper examines the implications of chemical regulation in children's products in large markets for a smaller market, namely Israel. We compared chemical regulations in children's products in the U.S., EU and Israel, and conducted in-depth interviews with diverse stakeholders in the Israeli product standardization process. Israel adopted EU chemical standards for certain chemicals (e.g., trace metals, phthalates) but not others (e.g., bisphenol A, flame retardants, trace metals in children's jewelry). Israeli regulation of chemicals in consumer products relies on regulations in large markets such as the U.S. and EU, which therefore have impacts beyond their territories. However, Israel adopts only product-specific standards and has regulatory gaps due to the lack of an overarching regulatory approach that exists in the U.S. and the EU. Furthermore, Israeli policy is to adopt parallel standards from large markets in order to remove trade barriers, despite their different approaches to chemical regulation, an approach which prioritizes trade considerations over health considerations. We conclude with policy recommendations for Israel, which have relevance for other small markets. [ABSTRACT FROM AUTHOR]

The article examines the requirements for fragranced consumer products in Australia. Topics discussed include regulatory framework for ingredients disclosure for fragranced products is insufficient to protect the interests of consumers; fragranced consumer products and adverse effects for consumers; and definition of consumer product in Australia.

The article presents an analysis of the question should the U.S. withdraw its Article 95 declaration to the United Nations Convention on Contracts for the International Sale of Good. Topics include present effect of the article 95 declaration; consequences of its withdrawal; and application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) to a dispute arising from a cross-border sale of goods transaction. Also mention U.S. Uniform Commercial Code.

The article reports on legal developments pertaining to the regulation of product characteristics in the field of marketing in the U.S. The author includes information about a government regulation proposed by the Consumer Product Safety Commission regarding the swimming pool slide market. A regulation proposed by the U.S. Federal Trade Commission (FTC) regarding product packaging, labeling, and advertising in the health supplements market is discussed. The author also includes information about a regulation proposed by the FTC regarding conditions of sale in the mail order industry.

The article reports on changes and growth in the field of retailing in the United States. Government policy and management of the retail economy is the focus; the shelving of the Patman bill, job training requirements under the George-Deen Act, distribution of surplus agricultural products and interpretation of the Robinson-Patman Act are presented. New developments in consumer protection include the Fair Trade laws, Unfair Practices Act, Food, Drug and Cosmetic Act, and Wool Labeling Act. Many retail trades have seen rising numbers of employees joining labor unions.

Classifying a trademark as descriptive rather than suggestive fundamentally alters the scope of trademark protection. A descriptive mark, derived from a feature of the product or service sold, only qualifies for protection after the mark has acquired source significance, i.e., consumers see it as a trademark. A suggestive trademark, which indirectly invokes qualities of the product or service, is protected without evidence of source significance. Courts often struggle to distinguish between suggestive and descriptive marks. The effort would nevertheless be reasonable if the differences between suggestive and descriptive marks justified their disparate legal treatment. But in light of cognitive and historical research into language change, protecting a suggestive mark without evidence of source significance may not be warranted. In fact, trademark law erroneously inflates the difference between suggestive and descriptive marks. This mistake becomes apparent in light of theoretical, historical, and cognitive research into ''semantic shift : the process by which words gain and lose meaning over time. Linguistic analysis reveals an inconsistency between how trademark doctrine treats suggestive and descriptive trademarks and how consumers likely process them. Suggestive and descriptive marks are not so dissimilar as to justify different treatment. Instead, they likely influence consumers in similar ways. As a result, trademark law should reposition the line between descriptive and suggestive trademarks. A suggestive mark, like a descriptive mark, should be protected only upon a showing that the mark has developed source significance in the minds of consumers. [ABSTRACT FROM AUTHOR]

The article offers information on the South African Consumer Protection Act 68 of 2008 (CPA) on transaction of goods and services, fairness in terms of consumer contracts, and fairness measures in the consumer contract law of South Africa like dealing with unfair and unreasonable bargain.

The article discusses the requirement of law for sale of goods and services transactions. Topics discussed include discussing the background of the U.C.C., several tests for determining the governing law of a transaction, several method of separating the transaction, requirement of a uniform standard, role of the U.S. Uniform Law Commission, creation of uniform state laws, modification in the characterization of the equipment, and the sale of the smart-home system.

Courts have struggled to uniformly classify software as a good or a service and have consequently failed to apply a consistent body of law in that domain. Instead, courts have relied on the predominant purpose test to determine whether the Uniform Commercial Code ("UCC") or common law should apply to a given software contract. This test, designed for traditional goods and services that do not share software's complexity or rapid advancement, has perpetuated the uncertainty surrounding software's legal status. This Note proposes that courts adopt the substantial software test as an alternative to the predominant purpose test. Under this proposal, the American Law Institute ("ALI")'s Principles of the Law of Software Contracts would govern transactions that substantially involve software, and the UCC or common law would govern all other transactions. This new test would provide greater legal clarity with only a minimal shift in jurisprudence. No court has yet adopted a similar test or cited the ALI Principles as authority in a software dispute. The landscape is ripe for change. [ABSTRACT FROM AUTHOR]

The article discusses a debate over how to effectively regulate electronic cigarettes (e-cigarettes) and their advertising in places such as America, and it mentions the First Amendment to the U.S. Constitution, as well as concerns about public health and e-cigarette marketing. According to the article, e-cigarettes are subject to restrictions and requirements under pre-existing drug and consumer product laws and regulations in the U.S. America's Food and Drug Administration is also examined.

This paper provides an analysis of the growth in environmental and labelling schemes (ELIS), using a dataset of 544 schemes introduced between 1970 and 2012 covering 197 countries. General trends drawn from this dataset and an examination of relevant trademarks support a rapid but slowing increase in the number of ELIS. The analysis also shows both the diversity and unequal growth of ELIS according to different characteristics, such as communication means, channels, scope, and the standards on which they are based. The analysis further outlines the dual nature of the evolution of ELIS over time, driven by the combination of an increase in the number of 'traditional' ELIS, such as single-issue environmental seals, and the emergence of more recently introduced types of ELIS, including environmental footprints. This combination highlights the tension between increased competition among similar ELIS and the emergence of new schemes potentially less exposed to direct competition but facing larger entry challenges. [ABSTRACT FROM AUTHOR]

The article focuses on rules addressing monetary damages arising out of failed transactions for sale of goods under the Sale of Goods Act of 1979 (SGA) and the Proposal for a Common European Sales Law in 2011 (CESL). Topics discussed include various treatments of breaches in relation to mitigation and foreseeability of damages, the advantages and disadvantages of the SGA and CESL and case Great Britain House of Lords case Alfred McAlpine Construction v. Panatown.

Copyright of Universitas Médica is the property of Pontificia Universidad Javeriana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This Essay traces the still-evolving view of consumers of products regulated by the Food and Drug Administration (FDA) as capable, rational, and rights-bearing decision makers. It also examines the corresponding diminution of FDA's role as a paternalistic gatekeeper working with medical and scientific experts to prevent products and manufacturer-provided information about products from reaching the public. Compared with their 1960s counterparts, today's consumers of food and drugs have far greater freedom to make unmediated choices among a wider variety of products, guided by a relative deluge of labeling and advertising information. Moreover, food and drug regulation, once the exclusive domain of bureaucrats and experts, has become a focus of successful social movement activism. The Essay explores these phenomena against a background of three societal and cultural trends during the past five decades: Americans' declining trust in major institutions, the "rights revolution," and the dramatic expansion of health care information accessible to consumers. It then analyzes a variety of specific regulatory developments during this period of change. In its discussion of food, the Essay considers the evolution of standards of identity and nutrition labeling, the rise of health claims as facilitated by the First Amendment, and various popular movements for freedom of choice with respect to food ingredients and dietary supplements. The Essay then turns to drug regulation, examining the rise of patient labeling and direct-to-consumer (DTC) advertising of prescription drugs, the tidal wave of "switches" from prescription to over-the-counter (OTC) status, and the development of social movements intended to shape FDA drug approval policy. The Essay concludes by speculating on whether this new model of consumer is a permanent one and by considering the implications of this question for FDA regulation in the future. [ABSTRACT FROM AUTHOR]

Lead paint toys and tainted baby formula milk from China, along with other scares involving consumer goods, have focused the public's attention on the risks of a global supply chain that no state controls. Yet, domestic instruments available to protect consumers against unsafe or undesirable foreign goods and services are limited. This Article uses a comparative legal perspective to explore what shapes international trade regimes to be more or less consumer oriented, using primarily EU law as a counterpoint to the WTO, as well as NAFTA and MERCOSUR. Ultimately, the Article suggests that the WTO's producer-focused liberalization leaves consumers underserved. It also seeks to articulate a more holistic understanding of the trade liberalization project that accounts both for producer and consumer interests. Although the WTO may not be the appropriate or optimal forum to fulfill such needs, a more robust examination of the intersection between producer-oriented trade rules and consumer interests within the WTO is warranted. [ABSTRACT FROM AUTHOR]

In the traditional unilateral care model of products liability, expected harm is proportional to usage. Thus, all standard liability regimes yield the efficient choice of care by the firm, independent of the level of usage. This implies that liability for harm can be considered independently of market structure and competition. We find that when expected harm is cumulative (i.e., increasing and convex in usage), then different liability regimes produce different outcomes and yield different implications for social efficiency. Since the responsibilities for product and market performance are divided among relevant agencies and institutions, this presents a challenge to the correct design of rules for agents in the market. We argue for selection among alternative liability regimes based upon what we refer to as “resilience.” Strict liability is a resilient policy; no liability and negligence are not resilient. Thus, we provide a new argument for strict liability with respect to product-generated harms. (JEL K13, L13, L15) [ABSTRACT FROM PUBLISHER]

The article examines the contract on dispatch terms in the context of online shopping in New Zealand and Australia. The author argues that both countries should not adopt Great Britain's Electronic Commerce (EC Directive) Regulations 2002, which stipulates that the contract is only made when the goods are dispatched to the consumer. It concludes that the contract hinders the consumer to bring an action when the goods are not dispatched.

The article focuses on enforcement of a vertical antitrust law which restricts the distribution of consumer goods with the help of internet. It states that the antirust law compliances with trade competition laws of European Union (EU) and U.S. It mentions the general characteristics of online distribution of consumer goods to understand the results of antitrust issues legal analysis. It states the competitive rules of the U.S. regarding the restriction on distribution of goods online.

Governments and industries are familiar with private sector or third-party driven natural resource and agriculture certification schemes, like the Forest Stewardship Council (FSC) process. These schemes affect products including organics, fair trade coffee, fisheries, olive oil, cheese, milk, herbs and many more. In practice these schemes attempt to control attributes official retail products through supply chain verification of a specific product, or process qualities that involve consumer product labeling and certification of chain of custody product and process control procedures. All are difficult and costly to administer. It is necessary to monitor and inspect each step of lengthy supply chains. These schemes ensure the quality and purity of final products in the face of omnipresent dangers and incentives for producers to evade quality standards and adulterate products or processes. Many schemes operate more or less on a self-regulatory basis where producers agree to honor third-party certification of supply chain operators who, typically, are infrequently inspected. This system periodically gives rise to various forms of product and process quality scandals. New technologies linked to genomics, proteinomics, metabolomics and transcriptomics that involve cellular level identifiers in specific products show promise in improving both the quality and cost of regulatory oversight of many certification efforts. They enable rapid, low-cost confirmation of the origins and purity of many goods often without the need for intermediate supply-chain monitoring and inspection. This article describes the state-of-the-art of genomics technologies and discusses the advantages and limitations of these techniques in the areas of natural resource and agricultural certifications. [ABSTRACT FROM AUTHOR]

This survey analyzes, exhaustively, the decisions issued by U.S. courts applying the Convention on Contracts for the International Sale of Goods ("CISG") in the period 2004 to early 2012. As such, it extends the work of Dimatteo et al. (2004) that considered the published decisions of all jurisdictions interpreting the treaty through 2003, providing the judiciary and practitioners with a comprehensive overview of the recent status of CISG jurisprudence in U.S. courts. [ABSTRACT FROM AUTHOR]

The article discusses several developments involving the international sale of goods under U.S. law and the nation's Uniform Commercial Code in 2011, focusing on cases which deal with the United Nations Convention on Contracts for the International Sale of Goods, as well as legal issues such as distributorship agreements and contract avoidance. In the case MSS Inc. v. Maser Corp., the court deals with a limitation-of-remedies clause in a contract.

The article discusses the operation of consumer credit markets in various jurisdictions, including Japan, as a basis for better policymaking and for avoiding future global economic crises. It reflects that behavioral economics provides a stronger empirical basis for policy-making innovation in Japan and elsewhere. It determines a gap in the regulation of consumer credit services compared to consumer product safety regulation in Japan and major trading partners.

The article discusses the informal draft of the Safer Consumer Products Regulations released by the California Department of Toxic Substances Control (CDTSC) on October 31, 2011. It states that the draft outlines how CDTSC plans to implement mandates in the Green Chemistry Initiative of the state. It offers a summary on the provisions of this regulatory development.

Reverse auction is a selection method in Peruvian legislation intro­duced to modernize the management of the State, becoming more efficient and transparent government procurement. In five years over, it has generated savings of above S/. 385 million. Through the reverse auction, public entities choose the supplier of common goods or services considering only the prices offered but not the technical characteristics of the goods or services required, since this information is predetermined in the data sheets that are part of the Goods and Services list. This auction type can be carried out on-site (on-site reverse auction) or electronically (electronic reverse auction). The first one is done in a public ceremony in the presence of all bidders and the second is via internet. [ABSTRACT FROM AUTHOR]

This wording begins remembering that article 41 of the former law of Contracts and Acquisitions with the State, Law 26850 enacted in 1998, pro­vided that —for the first time— an arbitration clause be included as a compul­sory clause in the Contracts to be executed with the State, in order to find out a solution and settlement of the controversies arisen between the parties. With regard to goods and services, the additional issues that do not exceed the 25% of the total amount contracted originally are subject to arbitration, and in cases referred to contracting works (i.e., building, construction and any other kind of work) those additional issues that do not exceed the 15% of the total amount contracted originally. When the additional issues exceed the percentages men­tioned in the precedent paragraph, then the parties will have to ask for the prior consent of the General Comptroller of the Republic. Such cases are not subject to arbitration. The reason to consider that those matters are not subject to arbitration is because the authority estimates that through those possible or eventual additional matters, any party could be pretending to attempt against the General Budget of the Republic. Therefore, the government provides such rules that, obviously, are addressed to preserve the public order. [ABSTRACT FROM AUTHOR]

The article presents the May 2011 issue of the publication which explores the popularity on the inclusion of arbitration agreements in consumer product contracts and other arbitration agreements. It describes an approach addressing the possibilities that perpetuates disreputable business practices. Moreover, it examines decision of the U.S. Supreme Court decision concerning the contract defense of consent reflecting the Supreme Court of Missouri's typical treatment of arbitration agreements.

The Lead Renovation, Repair, and Painting Rule and the Consumer Product Safety Improvement Act, both enacted in 2008, were intended to protect children from exposure to lead by setting federal limits on lead content. Neither of these federal actions, however, addresses a newly recognized pathway of exposure to lead from the use of used consumer products in the home. In the study described in this article, the authors purchased 28 used consumer items in the United States in 2004 and analyzed them for lead content using X-ray fluorescence technology. Nineteen of the items exceeded the federal standards for lead. The amount of lead in the items ranged from 745 parts per million (ppm) to 428,525 ppm. The authors' research shows that such items, which are easily purchased throughout the U.S., may contain surface lead concentrations in amounts greater than 700 times current federal limits. This article reveals an ongoing public health threat involved in exposure to lead that is not addressed by current laws or regulations. Addressing the risk involved in this threat requires continued research, public education, and targeted regulatory action. [ABSTRACT FROM AUTHOR]

Counterfeiting and the piracy of consumer goods in China are serious and globally recognized problems. Despite concerns expressed by the US and past efforts, China has been unable to enforce IP rights effectively for decades. As a result, American businesses seeking to sell IP-protected goods in China suffer tens of billions of dollars in losses every year. This Comment aims to determine and assess what measures the US may take to reduce IP infringement in China in the short term. China's weak IP enforcement record is a result of both long-term and short-term causes. Short-term causes (that is, causes that could be remedied within the next five years) include problems with China's nascent judicial system, local protectionism and economic dependence on IP infringement, under-deterrence, market access limitations, and the vagueness of the TRIPS Agreement. However, the various proposals found in existing literature for improving China's IP enforcement record fail to adequately tackle these short-term causes and are therefore unlikely to produce an immediate benefit. The US should adopt a three-pronged approach to improve China's IP enforcement record. First, the US should file a WTO complaint alleging an Article 63.1 violation. Article 63.1 imposes transparency standards on the adjudicative processes and regulations of WTO member states. Second, the US and China should conclude a bilateral agreement providing incentives for joint ventures between American and Chinese companies. Joint ventures will give Chinese companies an incentive to enforce their IP rights since they will then hold an ownership stake. Third, the US should, either by filing a WTO complaint or through bilateral negotiations, seek to reduce China's current market access barriers. However, because China's IP enforcement problem is largely a result of long-term causes, there may be little the US can realistically do to bring about immediate and marked improvement in the effectiveness of China's IP enforcement. [ABSTRACT FROM AUTHOR]

The article examines the international history of the suitability obligations. The similarity between the objectives of the implied term and the objectives for responsible lending is discussed. A convergence between requirement of product providers in the goods and service market and the market for financial services is explored.

Copyright of Socialinių Mokslų Studijos is the property of Mykolas Romeris University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article discusses a case concerning the conformity of a consumer contract, which involves the interpretation of the Article 3 of Directive 1999/44/European Commission (EC) of the European Parliament. It states that through referring to the rules, the German legislation obligates the consumer who has bought a good with defects to surrender the benefits acquired from the use of the product. However, the consumer wanted for the reimbursement of the payment, referring to the compliance with Directive 1999/44. Meanwhile, the consumer is being given a strong position since the rule in Article 3 of Directive 1999/44 provides the buyer the choice between repair and replacement.

The article provides information on the Quelle case involving the directive on the sale of consumer goods and guarantees at the European Communities Court of Justice. It says that the case underlies the difficulties experienced by Members States with harmonization under Directive 99/44, which aims to realize the better functioning of the business to consumer internal market. The author adds that the Quelle case raises many questions. The review of the consumer acquis launched by the European Union (EU) Commission in 2004 is also discussed.

This Article suggests that the role played by the "ordinarily prudent consumer" in trademark law should be more carefully scrutinized. Trademark infringement law's "straightforward story, " which typically justices trademark rights in terms of protecting consumers @om the harms of likely confusion and dilution, does not adequately accommodate countervailing principles and policies. This Article argues that recognizing the incapacity of the likelihood of confusion and dilution analyses to capture the empirical reality of the consumer experience should lead to assigning greater weight to countervailing policies and principles. Trademark 'fair use" doctrine provides a useful context in which to explore these ideas. The U.S. Supreme Court's approach to fair use in KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc. risks valorizing consumer confusion in a context in which it should be downplayed. Moreover, the Court's holding risks constraining the analytical space available in trademark law for expression and development of policy concerns other than those that underlie trademark's straightforward story. [ABSTRACT FROM AUTHOR]

Recent European Union regulations on packaging waste have resulted in a trend towards light-weighting and greater use of recycled materials in the packaging of consumer goods. This has impacted particularly upon the folding carton industry, and has necessitated greater fundamental understanding of the machine-material interactions that take place during carton production. One way to achieve this is through the use of simulation models. Such a model has been created to simulate the behaviour of a folding carton during the critical transition between flattened and erected states. The model is able to simulate process failure (buckling) and investigate the effect of changes in pack, process, material, and tooling parameters. The model is applied here to investigate the effect of variation in two key machine settings. These are the relative orientation of tooling, and the contact points between tooling and carton. The results of the simulation reveal a strong correlation between theoretical and practical results, and as a consequence provide a means for determining the optimum tooling position(s). The study demonstrates the ability of simulation to support the set-up and operation of complex packaging machinery. It is arguable that such tools will be essential for machinery and consumer goods manufacturers to compete in today's highly competitive global markets where quality, efficiency, and flexibility are critical. [ABSTRACT FROM AUTHOR]

The article examines the diversity of domestic rules in sales contract, as well as the international instruments regulating international sales of goods and limitations of actions. In ascertaining the proper limitation regime for an international sales contract, various international laws are used including the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the 1974 United Nations Convention on the Limitation Period in the International Sale of Goods.

Examines the emergence of alternative domestic and international regulatory regimes for certifying some qualities of products and services. Implications of the regulatory regimes and country and product characteristics to the formulation of international marketing strategies; Illustration using a case study of forest products industry.

The article discusses whether an acceptable quality guarantee under New Zealand's Consumer Guarantees Act 1993 applies to manufacturers of building materials, and it mentions liability in leaky building-based litigation matters. Negligence- and contract law-related remedies are mentioned, along with various legal cases involving parties such as the Herbert Construction Company Ltd. firm and New Zealand's Minister of Education. Consumer goods laws are also examined.

The Court of Justice of the European Union has provided clarification regarding the interpretation of the grounds in Articles 3(1)(e)(i) and (iii) of the Trade Marks Directive which preclude the registration as trade marks of signs which consist exclusively of the shape which ‘results from the nature of the goods themselves’ or the shape which ‘gives substantial value to the goods’. [ABSTRACT FROM PUBLISHER]

The article examines the legal basis for the solution of conflicts arising from parallel imports, as intended in Article 7(2) of the Trade Mark Directive (TMD) issued by the European Council (EC) and interpreted by the European Court of Justice (ECJ). In the joined cases of Bristol-Myers Squibb et al, the ECJ wants to approximate the laws of the member-states with regards to legitimate reasons to oppose further commercialization of the goods established in Article 7 of the TMD. This is necessary because disparities between laws of member-states could impede the free movement of goods.