Примеры использования Principle of exhaustion на Английском языке и их переводы на Русский язык
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Colloquial
Parallel importation depends on the principle of exhaustion.
The principle of exhaustion can be applied at, the national, regional and international levels.
Peculiarities of application of a principle of exhaustion of rights.
The international principle of exhaustion of rights to industrial property objects is still in force in Ukraine.
The use of IPRs to segment Community markets has been curtailed through the competition policy principle of exhaustion of IPRs in intra-Community trade.
This principle of exhaustion of local remedies is a principle recognized by international law;
The United States is pleased that the formulation by the draft articles of the principle of exhaustion of remedies, taking into account the commentary, is in substantial conformity with the customary law rule.
Again, on the issue of recourse to arbitration to settle investment disputes, a comment was made that although certain States might conclude arbitration agreements in that regard,that did not mean that the generally applicable principle of exhaustion of local remedies would automatically be put aside.
Unit operation is based on the principle of exhaustion as a result of gradual heating rising in the flash vessel.
Under European Union law, the existence of IPRs is protected, but their exercise to prevent parallel importation from other member States of genuine goods which have been put on the market by the right-holder or with his consent(including through affiliates or unrelated licensees) is contrary to the provisions of the Treaty of Rome relating to free movement of goods,as well as the principle of exhaustion of rights.
It was also important to adopt the principle of exhaustion of local remedies as a prerequisite for triggering the diplomatic protection mechanism.
Particular attention was paid to the issues of competition in the food industry andthe impact of the current in the Eurasian Economic Union, the principle of exhaustion of rights to intellectual property on the state of competition in cross-border trade markets.
The Committee considers that,in the present case, the principle of exhaustion of internal remedies requires the petitioner to use remedies that are directly related to the risk of torture under article 3 of the Convention.
While a patentee has the exclusive right to preventothers from manufacturing or marketing the patented product, the principle of exhaustion bars the patentee from further exercising exclusive rights once the product is sold on the market.
In the case of patented goods, the principle of exhaustion only applies in respect of first sale within the United States, but not where the patented product has been obtained from abroad, even where there is a parallel patent abroad for the product.
If, in such circumstances, legal aid was denied to an individual, the Committee considered that it would run contrary to both the language of article 22, paragraph 5,as well as the purpose of the principle of exhaustion of domestic remedies and the ability to lodge an individual complaint, to consider a potential remedy of judicial review as"available", and thus declaring a complaint inadmissible if this remedy was not pursued.
In the territories of the Member States apply the principle of exhaustion of the exclusive right to a trademark, trademark Union that is not an infringement of the exclusive right to a trademark, trademark Union use that trademark, a trademark of the Union in respect of goods which have been legitimately introduced into civil circulation on the territory of any Member State directly to the holder of trademark and/or trademark Union or others with his consent.
In the context of non-refoulement cases, particularly regarding administrative remedies that might lead to upgrading the residence status,the CAT Committee has held that“the principle of exhaustion of domestic remedies requires petitioners to use remedies that are directly related to the risk of torture in the country to which they would be sent, not those that might allow them to remain where they are”.134 ii.
The Agreement andthe Treaty establish the regional principle of exhaustion for the member states of the Customs Union and the Eurasian Economic Union the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation, the Republic of Armenia and the Republic of Kyrgyzstan.
While making clear her respect for the procedures in place in the Netherlands andher intention to abide by the principle of exhaustion of domestic remedies, the Special Rapporteur reiterated that she had a keen interest in the affair and would continue to monitor developments.
In addition, the Committee,while recalling that the principle of exhaustion of domestic remedies requires the complainant to use remedies that are directly related to the risk of torture under article 3 of the Convention, declared inadmissible communication No. 170/2000(A.R. v. Sweden) under article 22, paragraph 5(b), of the Convention.
Referring to the jurisprudence of the Committee and that of the European human rights institutions in this respect andthe reasons lying behind the principle of exhaustion of domestic remedies, it is submitted that the provision of a remedy by the State party constitutes an obstacle to the international claim given the subsidiary role of the international mechanism.
The Committee also refers to its case law, according to which the principle of exhaustion of domestic remedies requires the petitioner to use remedies that are directly related to the risk of torture in the country to which he would be sent, not those that might allow him to stay where he is for reasons unrelated to the risk of torture.
The Committee refers to its jurisprudence andrecalls that, pursuant to the principle of exhaustion of domestic remedies, the complainant was only required to use remedies that were directly related to the risk of being subjected to torture in Algeria.
This part of the communication is inconsistent with the principle of exhaustion of domestic remedies as set out in article 5, paragraph 2(b) of the Optional Protocol and must therefore be deemed inadmissible.
The Committee recalls its jurisprudence to the effect that the principle of exhaustion of domestic remedies requires petitioners to use remedies that are directly related to the risk of torture in the country to which they would be sent.
The Committee recalls its jurisprudence to the effect that the principle of exhaustion of domestic remedies requires the petitioner to use remedies that are directly related to the risk of torture in the country to which he would be sent.
The Committee also recalls its case law to the effect that the principle of exhaustion of domestic remedies requires the petitioner to use remedies that are directly related to the risk of torture in the country to which he would be sent, not those that might allow him to remain where he is.
The Committee also recalls its case law to the effect that the principle of exhaustion of domestic remedies requires petitioners to use remedies that are directly related to the risk of torture in the country to which they would be sent, not those that might allow them to remain where they are.
The MERCOSUR accepts the principle of regional exhaustion of IPRs.