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Ukraine – Law of the Jungle is not good enough

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Crimea Protests Russia Ukraine

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Each story has two sides. Each revolution has two perspectives. Ukraine does not deviate from this rule. From the US/Europe side, Crimea can be seen as the new Sudetenland. From Moscow perspective a new Cold War can be a good geopolitical option, because during that period USSR was perceived as being strong. Everything in foreign affairs is about perception and power.

President Obama said that there will be costs for a Russian military intervention in Ukraine. The reality is that the West has few options in Ukraine and the real costs of this crisis are supported by regular Ukrainians. They fought for something, maybe democracy, maybe for better living conditions or for European integration and they deserve more, but they will not reach a positive result any time soon. Ukraine is a geopolitical battlefield.

To fight or not to fight?

From a military perspective, Ukraine does not have enough capabilities to face Russia: a non-nuclear nation versus a country which has more than 1.400 deployed strategic nuclear warheads; around 700 battle tanks against more than 2500 and so on. Nobody wants a war in Ukraine, not even Moscow. President Putin acted in this way in order to reassert Russia’s position. He justified his interventionism by saying: We reserve the right to use all means at our disposal to protect our people. According to some Ukrainian officials under the all means category we can place 30.000 Russian troops which are controlling Crimea at this moment. The biggest problem is the fact that during the last ten years we had a new wave of precedents which are opening a new uncharted territory: drones, the war from Georgia and now, Crimea – how can we define the role of the United Nations here? How can we apply the principles generated by the international law in this type of situations?

International law and democracy

Democracy is going through a period of setbacks. Societies from all over the world are trying to create a new governing paradigm. The collapse of Lehman Brothers in 2008 and the shock wave which followed raised many questions about the viability of the Western way of living. Are the United States still capable to project their capabilities like they once did?

Saddam violated the integrity of Kuwait and the result was The First Gulf War. When Serbia exploded and Kosovo was fighting for international recognition, president Medvedev said that in international relations, you cannot have one rule for some and another rule for others. International law is subject to interpretation because each story has two sides. From the international law perspective, Russia undermined Ukraine’s territorial integrity.

Crimea has a local governing autonomy. The peninsula has around 2.5 million people from which approximately 60 percent are Russian. Also in Crimea we can find the city of Sevastopol, which is one of the biggest naval ports in the region (the home of the Russian Black Sea Fleet). Before the Maidan revolution Crimea was already a hot spot. The revolution added the necessary sparks needed to transform this hot spot into a fire. At the beginning of March, Crimea’s parliament decided to secede from Ukraine and join Russia. In order to make this process as democratic and transparent as possible a referendum was scheduled. This process should be based on the idea crafted during the World Forum on Democracy: the will of the people is the basis of the authority of the government. We shall see if the will of the people is crafted using the law of the jungle or not.

If we look at Ukraine, we can see a very interesting occurring pattern. During the last 5 years we witnessed many revolutions, riots and popular movements. Communities from different countries and regions, from all over the world, started to fight and die for BIG IDEAS like democracy, freedom and better living conditions. After a while, the majority of this movements collapsed into chaos. Why? Because democracy is a hard lesson. Look at countries which entered into democracy more than 20 years ago when the Soviet Union collapsed, countries like Romania, Poland or Bulgaria, they are still learning what democracy truly is. This governing system is not only about free elections and the freedom of speech, democracy is a way of living and doing things. This perspective can be seen as a corny one but within it we can find the true face of this BIG IDEA.

 There are so many unanswered questions. Which is the right path for Ukraine? How can we avoid the creation of a failed state near the heart of Europe? Is this the beginning of the Cold War 2.0?

Europe

Top tips for renting a car in Malaga

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The Costa del Sol is a great choice of holiday destination. With many great places to see, absolutely glorious weather and a chance to enjoy the famous Mediterranean lifestyle it is perfect whether you are travelling with friends, as a couple or with a family.

Whether you are heading to Torremolinos, Marbella, Nerja or the city of Malaga, where the international airport is, the best way to make the most of your stay and give you the freedom to really explore the region is to rent a car. There is a lot of choice for car hire in Malaga airport, so here are some tips for getting the deal that is right for you.

Choose the right car for your group

Thinking about your budget, you can aim for a smaller car, such as the Toyota Aygo or the Fiat 500. Absolutely perfect for solo travel or as a couple.

However if you are travelling as a family, these smaller cars might not be right, especially when you have a lot of luggage to carry. But there are still some very good deals to be had on medium size cars like the Ford Focus or Nissan Juke.

However, if comfort is your top priority, and you want to drive around in style, then consider models like the BMW X5 or Range Rover Evoque.

Don’t forget the extras

You will need to be sure to add on any additional items you might need for the length of your hire. For example, if you would like more than one driver you will need to let the rental company know so that they can be included in the hire and therefore included in the insurance cover.

You should also be sure that you ask for child car seats, and that those car seats meet safety standards. It is often possible to hire a GPS loaded with local maps as well, that can be very handy when driving in a new country.

You should also double check the insurance details. The basic insurance might be great value, but it will usually only cover injury to passengers or theft of the vehicle, and won’t cover any damage. Event the theft cover will likely mean a very large excess will need to be paid. However opt for a package with full cover and excess protection and you will have far great peace of mind.

Book online for better deals and guaranteed availability

There is nothing worse than finally reaching your destination, queuing at passport control, waiting at the baggage collection point and then having to spend ages in a queue for car hire , when all you want to do is go and enjoy your holiday.

If you book online in advance you will not have to worry about all of that. You can simply head to the car pick up point, usually via a free shuttle bus that online takes a few minutes, and then be on your way to enjoying yourself.

Choose a car hire company with good service and 24 hour availability

This can make all the difference to your holiday. There are over 100 car hire companies at Malaga airport, however not all of them are able to offer good prices, good quality vehicles and excellent service.

Also if you are travelling at night, or your flight ends up delayed you want to be sure that this will not cause any problems for your rental. So be sure to choose a company that has a helpline telephone number open 24 hours a day and seven days a week.

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Europe

ETIAS, the new permit you will need to travel to Europe from the US starting 2021

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Last April the European Parliament and the European Council confirmed at the final agreement for the creation of the European Travel Information and Authorization System (ETIAS), a registration system for all visitors from third countries that are now exempt from visa. In order to strengthen border security, the European Commission proposed the creation of this system which will enter into full operation in 2021.

The ETIAS authorisation is not a visa. Once operational, it will carry out pre-travel screening for security and migration risks of travellers benefiting from visa-free access to the Schengen area. When arriving at the EU borders, travellers from the United States of America will need to have both a valid travel document and an ETIAS authorisation.

What countries will require it?

The ETIAS will facilitate access to countries within the Schengen Area to travelers from third countries that do not currently require a visa in order to improve security and to prevent irregular immigration. Therefore, to know if you need to use ETIAS or not, you will first have to find out if the country you want to visit falls within the Schengen Area, and you will also need to know if your country was visa-exempt until now.

Schengen Area Countries

It is important to remember that not all 28 countries of the European Union (EU) are part of the Schengen Area and that not all Schengen countries are part of the European Union. Great Britain and Ireland, for example, are part of the EU (Great Britain is scheduled to leave after Brexit), but not the Schengen Area; while Norway, Switzerland, Iceland and Liechtenstein are part of the Schengen Area, but not members of the EU.

Therefore, an ETIAS waiver will be required to visit the following countries: Germany, Austria, Belgium, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Holland, Poland, Portugal, Czech Republic, Sweden and Switzerland.

Countries’ citizens who will need to apply for ETIAS.

As stated above, ETIAS will be required to travelers from countries that do not require a visa. Currently, individuals from the following 57 countries do not require Schengen visas to visit countries in the European Union. However, with the arrival of ETIAS expected in 2021, passport holders of these countries will require an ETIAS waiver to travel to Europe for the purposes of tourism, business or transit for a short 90 days stay in any 180-day period.

How is it going to work?

Prior to traveling, those interested in acquiring an ETIAS waiver must fill out an online application providing with basic information (name, age, occupation, passport number, country of entry in Europe). In addition, they must answer a few questions on safety and health issues, among others. Approval often takes minutes once your ETIAS application is complete, and the maximum amount of time for approval is only four days.

What do I need to apply?

All you need to apply is a valid Passport, a credit or debit card to pay the fee and a completed ETIAS application. Since it’s a visa waiver, you won’t need any further paperwork. And, unlike visa applications, ETIAS doesn’t require an interview at any embassy or consulate.

How do I apply?

The ETIAS application form is already available online, although its use won’t enter into force until 2021. You can apply for your ETIAS until 5 days before your trip, but the sooner you start the process, the better. Once in the application form, you’ll be prompted to provide your passport details and asked to answer a list of security questions. It’s vital that your application be error-free and that the information is an exact match to your passport. Any discrepancies between your ETIAS application and your passport could cause a delay in processing and/or approval You’ll also need a credit or debit card to complete the process.

Once you’re finished, the form is submitted immediately and you will receive an email with the information of you of approval status. You should receive the email within minutes, although sometimes issues on approval status could take up to four days to be sorted out.

How much is it going to cost?

Each applicant over 18 years old will have to pay a 5€ travel authorization fee. The payment must be done online during the application process.

How long can I use it for and when does it expire?

The ETIAS can be used for stays up to 90 days in a period of 180 days. The travel purposes covered by ETIAS are tourism, short-term business such or conference and qualifying medical procedures. Your approved ETIAS will last for three years, but it might expire sooner if your passport does. You will have to re-apply for ETIAS when you get a new passport.

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Dawn Ellmore Employment reviews the shock defeat for McDonald’s as it’s stripped of its ‘Big Mac’ EU trade mark

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For more than half a century McDonald’s has been a recognisable brand in just about every country you can think of. According to its website, the chain has restaurants in 101 countries. Its 36,000+ restaurants serve around 69 million fast food fans every single day.

With stats like this, and McDonald’s easily recognised by just about anybody, the recent EU trade mark ruling has surprised many. McDonald’s has just lost its EU trade mark for the Big Mac in what is dubbed a ‘David and Goliath’ battle with a small Irish chain.

How did McDonald’s lose its Big Mac EU trade mark?

When Supermac’s took on the might of McDonald’s in a trade mark battle, it was assumed by many that the smaller chain would lose. While Supermac’s may not be a household name in the UK, however, it’s much loved in Ireland.

Now the largest fast food chain in Ireland, Supermac’s began in 1978 and today has more than 110 franchises and restaurants all over the country. Founded by Pat and Una McDonagh, it was named after his nickname, ‘Supermac’ when he played Gaelic football. They also own Claddagh Irish Pubs & Restaurants through Supermac’s Ireland Ltd.

The EU trade mark battle

Supermac’s has been locked into an ongoing fight with McDonald’s since 2015, when it announced plans to expand into the EU and UK. McDonald’s initially objected to Supermac’s registering a number of trade marks for products and its name. They argued that the names McDonald’s and Supermac’s are too similar and would cause customer confusion. McDonald’s further argued that the Supermac’s brand name is visually too similar to their trade mark.

Supermac’s responded by pointing out that they had happily traded at the same time as McDonald’s in Ireland for more than 30 years with no signs of confusion on the part of customers.

Initially, McDonald’s won a part-victory when the European Union’s Office for Harmonisation in the Internal Market (OHIM) decided that Supermac can continue to trade in its own name within the EU. However, it rejected the Irish company’s trade mark applications for various products and menu items, saying that consumers might “be confused as to whether Supermac’s is a new version of McDonald’s”, given that there are near-identical products sold by both restaurant chains.

Revoking McDonald’s EU trade marks

In January 2019, the European Union Intellectual Property Office (EUIPO) made a decision that allows victory to Supermac’s after all. By ruling that EU trade marks owned by McDonald’s are to be revoked, Supermac’s is clear to expand into the rest of the EU.

The landmark decision went into effect immediately, on the basis that the EUIPO rules that McDonald’s had failed to prove “genuine use” of its Big Mac trade mark as a restaurant or menu item.

Unsurprisingly delighted, Pat McDonagh says: “Never mind David versus Goliath, this unique landmark decision is akin to the Connacht team winning against the All Blacks. This is the end of the McBully. Just because McDonald’s has deep pockets and we are relatively small in context, doesn’t mean we weren’t going to fight our corner.”

How the fight played out

In April 2017, Supermac’s requested that the EUIPO cancel McDonald’s trade mark for ‘Big Mac’ and ‘Mc’. The chain also accused the US giant of “trade mark bullying” by registering and gaining protection for names, but not actually using them to stamp down any potential competition.

On its part, McDonald’s legal representatives provided signed affidavits from high level executives and showed examples of packaging and adverts to demonstrate it serves Big Macs right across the EU, and therefore deserves to retain the EU trade mark for that specific product.

However, the EUIPO deemed this “insufficient” in its judgement. As trade marks are registered at national level and at the EU, McDonald’s does not lose all of its protection for the Big Mac. They also have the right to appeal, which we suspect they are likely to do.

Supermac’s forges ahead

For Supermac’s, all eyes are on the future. Mr McDonagh says: “This now opens the door for the decision to be made by the European trade mark office to allow us to use our SuperMac as a burger across Europe.”

A representative from EIP, an intellectual property law firm, Carissa-Kendall Windless, says: “This decision is a significant one, partly because it serves as a warning to multinational companies that they can no longer simply file trade mark applications without a genuine intention to use it”.

It’s inevitable that McDonald’s will exercise its right to appeal, and it will be interesting to see how this David and Goliath battle goes on this year.

About Dawn Ellmore Employment

Dawn Ellmore Employment was incorporated in 1995 and is a market leader in intellectual property and legal recruitment.

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