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1
Keane, Rachel. « How the Domain Name Scruffles are Rocking the Foundations of Trade Mark law ». Victoria University of Wellington Law Review 32, no 1 (5 mars 2001) : 321. http://dx.doi.org/10.26686/vuwlr.v32i1.5906.
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The central proposition of this paper is that it is no longer valid to assert that the only and proper function of the trade is to denote the source of the product to which it is affixed. Trade marks are being employed in many diverse ways. In the age of mass media, trade marks may provide the key to marketing successfully. The dilution doctrine has developed in recognition of the potential value of a trade mark to tis owner. Anti-dilution provisions, as far as they go, do provide a useful tool in protecting the trade mark itself. However, as technology continues to advance, so does the trade mark function. The so-called domain name disputes, primarily in the United States are evidence of this claim. Not only have the decisions in these cases furthered the development of the trade mark legislation, they have demonstrated the inadequacies of the current trade mark legislation and the desperate need for reform. These inadequacies are examined and reform is proposed. Finally, the paper assesses the desirability of allowing the further expansion of the trade mark. It is submitted that the proper expansion of the trade mark should not be resisted.
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Hanni, Noona. « Exclusive Distribution and Non-Compete Clause in Trade : Transnational Agreements in European Union and United States ». Udayana Journal of Law and Culture 3, no 2 (31 juillet 2019) : 141. http://dx.doi.org/10.24843/ujlc.2019.v03.i02.p02.
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Exclusive distribution agreements are commonly used in both European Union (EU) and United States (US) markets to ensure the efficient distribution of products and services. This article compares the competition legislation in the EU and US and focuses on the differences in the treatment of vertical agreements. This topic is addressed also from an economic perspective and focuses on the possible abuse of dominant market position by international multisectoral companies. This article focuses on the following legal and economic questions: how do competition legislations regulating vertical agreements differ in EU and US and, what kind of possible effects do transnational exclusive distribution agreements have on international trade and competition. In EU law exclusive distribution agreements, even those which include a non-compete obligation limited to five years, are considered as lawful restrictions on competition as long as they fulfil certain criteria listed in the Block Exemption Regulation. EU competition law recognizes the terms of block exemption and ‘safe haven’, whereas the US antitrust law does not regulate any exemptions to vertical restraints. Vertical restraints are interpreted in the US common law of antitrust in the light of the principle of Rule of Reason. An important difference in these jurisdictions is the definition of relevant markets, which is taken into consideration when evaluating the legality of a vertical agreement under competition law. Both jurisdictions emphasize the market power of the producer, but the allowed percentage of market share varies between EU and US and only EU legislation gives emphasis to the market power of the distributor. These differences in competition legislations regulating vertical agreements can lead to conflicts when interpreting the legality of a distribution agreement. The definition of relevant product markets might lead to big international multisectoral companies abusing their dominant position by entering into exclusive arrangements.
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Chauhan, Devshree. « ANALYSIS OF SOCIAL WELFARE LEGISLATION ON ENVIRONMENTAL LAW ». Dogo Rangsang Research Journal 12, no 09 (2022) : 106–10. http://dx.doi.org/10.36893/drsr.2022.v12i10n02.106-110.
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With a population of more than 1.3 billion, India is a lower middle-income nation. Although the country has made significant progress in improving overall economic outcomes, productivity levels are still comparatively low. India's industrial sector has a lower labour productivity than China, Russia, South Africa, Malaysia, and Brazil. India was placed 68th out of 140 nations in the 2019 World Economic Forum (WEF) Global Competitiveness Report. This is largely a result of the nation failing to keep up with other nations that are ranked similarly. In categories like ICT adoption, skill base, product market efficiency, and trade openness, India has substantial deficiencies in several of the fundamental enablers of competitiveness. Some new issues, such as uneven governance consequences, significant variations in economic growth, and social welfare inequalities, are emerging with the adoption of regulatory regulations. Theoretical justifications for the aforementioned occurrences are required in order to encourage the sustainable growth of the economy and the environment. Consequently, this Article develops a theoretical model of the impacts of social well being.
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Kamyshanskyi, V. I. « LEGAL ASPECTS OF DIGITALIZATION OF INTERNATIONAL TRADE THROUGH IMPLEMENTATION OF BLOCKCHAIN TECHNOLOGY (EXPERIENCE FOR UKRAINE) ». Economics and Law, no 4 (8 décembre 2022) : 31–42. http://dx.doi.org/10.15407/econlaw.2022.04.031.
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The article is devoted to the study of the peculiarities of digitalization of international trade through the introduction of blockchain technology and the identification of issues that require legal regulation for the implementation of the relevant process in Ukraine. It is emphasized that digitalization of international trade through the introduction of blockchain technology opens up opportunities for optimization of administrative trade procedures and stimulation of foreign trade activity, in particular, it allows modernizing and optimizing the work of “single windows” (including certification and customs clearance); cross-border data exchange between government agencies or authorities and economic entities; payment transfer system, etc. In turn, the use of smart contracts, built on the appropriate technology, can automate the compliance of stakeholders with various contractual obligations; and data (in the blockchain) — is a stream of reliable information about past transactions, as they remain unchanged after entry. This provides greater transparency and the ability to trace the movement of a product or document throughout the supply chain with a high level of security and immutability, as well as eliminates double spending (in particular, by using the same digital documents as collateral for financing, which is a common source of fraud in international trade. At the same time, blockchain technology is only a tool on the way to optimizing administrative trade procedures and stimulating foreign economic activity and can be used only if there is appropriate legislation. In particular, the issues of determining the legal status of the blockchain (in particular, the terminology — “blockchain”, “smart contracts”) and blockchain-based applications need to be settled. Analysis of international experience proves the lack of unified approaches in this area. This actualizes the need to intensify work at the global international level to address the above issues. It is also advisable for Ukraine to join this process. For the sake of end-to-end digitalization of trade and limiting the possibility of potentially conflicting individual approaches that could lead to further disconnection and barriers to trade, harmonization of domestic legislation in accordance with existing international documents (in particular, UNCITRAL model laws) is becoming important. Digital trade agreements (e.g., the upcoming Digital Trade Agreement between Ukraine and the United Kingdom) are one of the tools that will help to intensify actions in this direction. In addition, among the issues that require regulation prior to the introduction of blockchain technology in international trade are the following: (1) the procedure for entering data (in particular, ensuring their accuracy and completeness) to be transmitted and exchanged on the blockchain; (2) protection of the transmitted data, (3) responsibility for data entry and processing, as well as the legal algorithm for their correction in case of errors (in particular, it should be clearly defined whether it is possible to make changes to the code underlying the blockchain to correct errors and, if so, who has the right to do it), (4) dispute resolution procedure; (5) mutual recognition of documents/certificates issued (this will ensure that the algorithms used work accurately with the data entered and comply with specific (international and national) rules), etc., as well as recognition of electronic signatures and electronic documents (in particular, transfer documents, bills of lading, promissory notes, warehouse receipts, etc. On this basis, it is considered expedient not to adopt a separate legal act like the Illinois State Law “On the Implementation of Blockchain Technology”, but to modernize the existing laws of Ukraine: the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Electronic Documents and Electronic Document Management”, etc. These are the directions of further research. It is considered appropriate at the legislative level to allow the use of smart contracts, records and signatures protected by blockchain in the field of trade and to use the method of analogy of the law in order to extend the legal regime of electronic contracts and signatures to them, which is reflected in the law-making of certain foreign countries (in particular, the United States (New York State). It is proposed to develop and adopt legislation on the digitalization of economic policy in general and foreign economic policy in particular, taking into account the principles of functional equivalence and technological neutrality. This will protect domestic legislation from the need for constant amendments to take into account the emergence of new technologies.
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Lähteenmäki-Uutela, Anu, Moona Rahikainen, María Teresa Camarena-Gómez, Jonna Piiparinen, Kristian Spilling et Baoru Yang. « European Union legislation on macroalgae products ». Aquaculture International 29, no 2 (20 janvier 2021) : 487–509. http://dx.doi.org/10.1007/s10499-020-00633-x.
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AbstractMacroalgae-based products are increasing in demand also in Europe. In the European Union, each category of macroalgae-based products is regulated separately. We discuss EU legislation, including the law on medicinal products, foods including food supplements and food additives, feed and feed additives, cosmetics, packaging materials, fertilizers and biostimulants, as well as biofuels. Product safety and consumer protection are the priorities with any new products. Macroalgae products can be sold as traditional herbal medicines. The novel food regulation applies to macroalgae foods that have not previously been used as food, and organic macroalgae are a specific regulatory category. The maximum levels of heavy metals may be a barrier for macroalgae foods, feeds, and fertilizers. Getting health claims approved for foods based on macroalgae is demanding. In addition to the rules on products, the macroalgae business is strongly impacted by the elements of the general regulatory environment such as agricultural/aquacultural subsidies, maritime spatial planning and aquaculture licensing, public procurement criteria, tax schemes, and trade agreements.
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Murdoko et Shafira Septyastuti. « IMPLEMENTASI SERTIFIKASI DAN LABELISASI HALAL PADA PRODUK PANGAN OLAHAN DAN HASIL PERTANIAN IMPOR SERTA KAITANNYA DALAM PERDAGANGAN INTERNASIONAL ». Juris 6, no 2 (30 décembre 2022) : 632–45. http://dx.doi.org/10.56301/juris.v6i2.657.
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Import activities are strongly related to international trade that one of the objectives is to meet the needs of a country. Indonesia carries out import activities on processed food products and agricultural products in order to fulfill food needs. To protect Indonesian consumers who are predominantly Muslim, Indonesia has passed legislation regarding halal certification and labeling through Law Number 33 the year 2014 concerning Halal Product Assurance. The ratification of the Law Number 33 of 2014 became an issue when looking at the fact that Indonesia is a member of the WTO country. The problems studied in this study include: (1) How is the implementation of Law Number 33 of 2014 concerning Halal Product Assurance in Halal certification and labeling of imported processed food products and imported agricultural products in Indonesia and (2) How is harmonized Law Number 33 the year 2014 concerning Halal Product Assurance, especially on halal certification and labeling of imported processed food products and imported agricultural products in Indonesia related to the Technical Barriers to Trade agreement? The implementation of Law Number 33 of 2014 has changed the provisions regarding halal certification and labeling of products circulating and traded in Indonesia, including imported processed food products and imported agricultural products, to become mandatory. The conformity of the Law Number 33 of 2014 which is included in technical regulations with the TBT Agreement is an urgency to ensure that national regulations and/or policies do not become obstacles in international trade. The research method used is juridical-normative with the data sources obtained in the form of primary legal materials in the form of laws and regulations, GATT 1994, and the TBT Agreement, secondary legal materials including legal books and journals, and tertiary legal materials, such as legal dictionaries.
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SIRIWAT, PENTHAI, et VINCENT NIJMAN. « Using online media-sourced seizure data to assess the illegal wildlife trade in Siamese rosewood ». Environmental Conservation 45, no 4 (15 mars 2018) : 352–60. http://dx.doi.org/10.1017/s037689291800005x.
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SUMMARYThe illegal wildlife trade is covert by nature, and thus is often challenging to study. Seizure data is traditionally the most common means to gain insight into the trade for many species. Online media-sourced seizure records were applied to study the illegal trade of Siamese rosewood (Dalbergia cochinchinensis), one of 33 timber species of hongmu (rosewood), which is logged to produce luxury products predominantly for Chinese markets. Despite recent international pressure to strengthen the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) regulations, illegal trade of Siamese rosewood is prevalent in its range states. This paper will explore seizure reports in Thai online media and analyse spatial, temporal and other factors that potentially explain the trade. Between January 2014 and April 2016, 835 independent seizures were reported in 37 of 76 provinces in Thailand. Seizures occurred mostly in the north-eastern and eastern provinces with higher numbers of seizures closer to the border. The number of seizure reports decreased over time, and the average number of logs seized per seizure was consistent over the 28-month study period. Inadequate domestic legislation is a key factor facilitating the trade. Improvements are needed to the legislation and enforcement ahead of implementing other regional timber-specific initiatives and regulations. In this specific context, CITES also appears to be unacknowledged and ineffective in hampering the Siamese rosewood trade. Importantly, we find that using media-sourced seizure data is highly apt in Thailand's context, considering Thailand's sensitive political state and the prevalence of trade in other non CITES-listed rosewood species. The approach demonstrated here is applicable to many other wildlife species.
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Ismail, Mahmoud. « THE NATIONAL RECOGNITION OF THE INTERNATIONAL ARBITRATION IN THE INTERNATIONAL TRADE DISPUTES : A COMPARATIVE STUDY BETWEEN THE FRENCH AND JORDANIAN LAWS ». Journal of Southwest Jiaotong University 57, no 5 (30 octobre 2022) : 1–12. http://dx.doi.org/10.35741/issn.0258-2724.57.5.1.
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The article treats the recourse of the parties to disputes in international trade to arbitration, as they can choose arbitrators specialized in the subject matter of the dispute, far from the conflict of national laws and the dilemmas of attribution rules in private international law. This article employed a qualitative analysis and research approach. The research found that the increase in recourse has raised legal questions regarding the settlement of disputes outside the borders of the state, especially since the association of the international contracts with economic values protected by national laws creates obstacles to subjecting these disputes to the international arbitration. How have the national laws dealt with the international arbitration, affected it and were affected by it? The research responded to these questions by consulting the French and Jordanian law. As a result, the arbitration takes the international character of the presence of foreign elements in the relationship or because of the subject of the dispute to be resolved, and this is the legal criterion. A valid arbitration agreement produces its own law independently of the mechanisms of national law. National legislation should recognize an international arbitration decision as long as the arbitration decision is validly rendered in accordance with the law governing the arbitration process. French law recognizes the international arbitration decisions, while Jordanian legislation does not recognize international arbitration decisions through direct provisions, but rather recognizes the decisions because of its commitment to implement the 1958 New York Convention.
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Putri, Fiona eriba Rahma, et Sri Maharani MTVM. « A Legal Protection On Owner Of Trade Secret On Coffe Powder Blend That Violate Trade Secret Act No 30 Of 2000 ». LIGAHUKUM 2, no 1 (23 juillet 2021) : 87–96. http://dx.doi.org/10.33005/ligahukum.v2i1.75.
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The development of business activities that are very competitive in Indonesia today has led to quite fierce business competition among the business world. Every company must have information that is kept secret from the public, usually referred to as trade secrets. This is the most important aspect for the business owner of the trade itself because the trade information owned holds commercial points and is tied to the quality of the business produced. When a company's trade confidential information is leaked, the impact will be detrimental to the company itself. Before the problem occurred, it could be seen that the government was serious when dealing with this problem and therefore the government began to formalize Law No 30 Of 2000 concerning Trade Secrets. The hope is that this will provide legal protection for trade business owners who keep the confidential nature of company trade information so that competitors are not easily owned. The purpose of this study is to provide legal protection for the owners of trading businesses. So as to reduce the form of violations of trade secrets that often occur, granting legal protection for trade business owners can be done by optimizing the implementation of Law No 30 Of 2000 concerning Trade Secrets and improving the performance of the Directorate General of Intellectual Property. The type of research applied in this study is normative juridical legal research, this research is based on legislation relating to trade secrets, namely Law No 30 Of 2000 and for the collection of data such as from legal books, legal journals, and news articles. The results of the study can be concluded that in guaranteeing a legal protection for trade secret owners there must be cooperation between several parties, not only from the Directorate General of Intellectual Property, but also from business actors, the community and law enforcement as well. In the application of Law No 30 Of 2000 concerning Trade Secrets, it should be carried out effectively, in order to reduce the form of violations of trade secrets that often occur lately among the business world.
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Dashwood, Alan. « NON-DISCRIMINATORY TRADE RESTRICTIONS AFTER KECK ». Cambridge Law Journal 61, no 1 (7 mars 2002) : 1–52. http://dx.doi.org/10.1017/s0008197302331507.
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IN its Keck judgment—famous or notorious according to taste—the Court of Justice drew a distinction, for the purposes of the application of the prohibition in Article 28 EC against measures having equivalent effect to quantitative restrictions (“MEEQRs”), between two categories of national measures. On the one hand were “product requirements”: measures specifying requirements to be met, in order to obtain access to the market of a Member State, by products coming from other Member States where they are lawfully manufactured and marketed, like the minimum alcohol requirement for fruit liqueurs in Cassis de Dijon (Case 120/78 [1997] E.C.R. 649). Such product requirements are liable to constitute MEEQRs, and therefore require specific justification, in order to escape prohibition, on one of the public interest grounds recognised by Community law. On the other hand was the category of measures described in the judgment as “provisions restricting or prohibiting certain selling arrangements”. An example was the legislation at issue in the main proceedings in Keck, which prohibited the resale of products below their purchase price, thereby depriving retailers of a form of sales promotion. Other examples, attested by the case law post-Keck, are measures regulating advertising methods, the kind of shop in which goods of a certain description can be sold, shops’ opening hours and Sunday trading. National provisions in this latter category are not normally such as to hinder trade between Member States under the test formulated by the Court in Dassonville (Case 8/74 [1974] E.C.R. 837, at para. 5), and so do not call for justification; not, that is, “so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and those from other Member States”: see Joined Cases C-267 and 268/9 [1993] E.C.R. I-6097, at paras. 15–17.
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AHUJA, RAVI. « ‘Produce or Perish’. The crisis of the late 1940s and the place of labour in post-colonial India ». Modern Asian Studies 54, no 4 (30 octobre 2019) : 1041–112. http://dx.doi.org/10.1017/s0026749x17001007.
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AbstractThis article argues that the late 1940s in India should no longer be reduced to the twin events of partition and independence. A generalized political crisis unsettled, for a brief period, the structures of social and economic power, and not just intercommunity relations and the constitution of the state. These years were thus, among other things, a catalytic moment for the definition of ‘labour’ as both a political category and a parameter of post-colonial politics: processes dating back to the First World War, at least, were consolidated, under pressure from this crisis, into a new labour regime that has withstood political pressure for almost seven decades. The article offers an analysis of the almost-forgotten post-war strike movement, which was nevertheless unprecedented in its social and geographical spread. The movement elicited both repressive and reformist responses: the extraordinary level of emergency powers applied to suppress it are, therefore, as much examined as the series of momentous legislative and institutional changes of the late 1940s. In conclusion, the long-term consequences of this cycle of strike–reform–repression for India's post-colonial labour regime are adumbrated. A strongly etatist, potentially authoritarian, regime of industrial relations, it is argued, was checked by an enduring political trade union pluralism. At the same time, divisions within India's working classes were deepened and consolidated as labour law and social legislation sealed off the comparatively small ‘core workforces’ of public sector and large-scale industrial enterprises from the majority of workers in what would soon be called the ‘informal economy’.
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Cuadros, Miguel A. Rodriguez. « The Non-discrimination Principle and VAT : Rules of Thumb for Trade and Tax Policy-Makers ». Global Trade and Customs Journal 11, Issue 2 (1 février 2016) : 62–70. http://dx.doi.org/10.54648/gtcj2016010.
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The form of Value-Added Tax (VAT) most commonly imposed by World Trade Organisation (WTO) Members is the consumption-based form. As regards the main features of VAT, this indirect tax is broadly based (unlike excise taxes), imposed at multiple stages (unlike a retail sales tax), usually involves the credit-invoice method of assessment (rather than the subtraction method), and distinguishes between zero-rating (of exports, for example, which is consistent with the destination principle) and so-called exemptions. Likewise, this kind of VAT is neutral with respect to international trade. This article analyzes how the VAT system might violate the National Treatment Principle under Article III of the General Agreement on Tariffs and Trade (GATT). A violation of the National Treatment Principle could be most obviously caused by the application of different VAT rates (or exemptions) to imported and domestic like products, so that an imported product is subject to a 19% VAT, for example, while a lower rate is levied on the sale of the like domestically produced product. Violation of the National Treatment Principle might be less obvious where it involves, for example, partial VAT refunds, VAT payment modalities, or highly burdensome procedures to recover paid VAT or to apply for VAT refunds. For example, importers must pay import VAT immediately during the customs clearance process, while the payment of VAT by domestic producers can be deferred according to the VAT legislation.
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Danishevskiy, Kirill, et Martin McKee. « Tobacco : a product like any other ? » Health Economics, Policy and Law 6, no 2 (22 février 2011) : 265–72. http://dx.doi.org/10.1017/s1744133111000053.
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AbstractLegislation in most countries regulates trade in poisons and highly addictive products, such as narcotics. The statements that (1) tobacco harms health and (2) causes addiction are established as facts in international and national law. Yet in Russia, and in many other countries, there is a contradiction between the open sale of this addictive poison and basic laws, such as those on product safety. Provisions in both the Russian constitution and the criminal code can be interpreted as making the sale of tobacco illegal, setting out severe penalties for those involved. Yet, remarkably, tobacco is treated quite differently from other products. In this paper, we describe the experience so far in seeking to enforce this legislation in Russia. Attempts to persuade the police to enforce the legislation have been unsuccessful, although they accept that there is a prima facie case for action but, in private, express fear of taking it. The case for action is currently being argued before the Russian Supreme Court but this could take many years to reach a conclusion. In the mean time, new legislation on the regulation of tobacco production has been passed by the State Duma, with the support of the tobacco industry, which implicitly assumes that tobacco is a lawful product, thereby creating legal confusion. We argue that the only way to redress this situation is to recognize that tobacco production and sales must be regulated in the same way as any other harmful and addictive substance.
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Macmaoláin, Caoimhín. « Using European Union Legislation to Increase International Trade : The Potential for Public Bodies in Ireland to Make More of Product Quality Schemes ». European Public Law 21, Issue 2 (1 mai 2015) : 215–27. http://dx.doi.org/10.54648/euro2015011.
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Brolin, Matilda J., et Arnoud Willems. « The Unhappy Marriage of Customs and Anti-Dumping Legislation : Tensions Relating to Product Description and Origin ». Legal Issues of Economic Integration 45, Issue 3 (1 août 2018) : 229–51. http://dx.doi.org/10.54648/leie2018013.
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In most countries, the rules concerning anti-dumping and customs reside in different laws. However, since the enforcement of anti-dumping measures is the responsibility of customs authorities, there is necessarily interaction between both areas of law. It is important to get this interaction right. For instance, changes in customs legislation could (inadvertently) increase the number of products covered by anti-dumping measures, arguably violating the rules of the World Trade Organization (WTO). This article examines two key points of tension between customs and anti-dumping laws, which have previously not been given much attention, taking the European Union (EU) as an example. First, the article sets out the problem of two competing interests concerning product description: that of a description that is accurate for purposes of coverage under an anti-dumping regulation, on the one hand, and that of a description that is efficient for purposes of ensuring simple and automatic duty collection by the customs authorities, on the other. It then explains the EU’s practical solution to this problem (TARIC codes), but advises caution regarding that practice. Second, it sets out how the EU uses rules of origin to impose anti-dumping duties on products that otherwise might not be covered, and cautions against that practice as well. Finally, the article discusses how to avoid breaching WTO law and how to ensure certainty and transparency for companies.
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Oprescu Georgiana. « Some measures to optimize and make efficient the international maritime transport ». Technium Social Sciences Journal 10 (8 août 2020) : 649–51. http://dx.doi.org/10.47577/tssj.v10i1.1442.
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Through this study I aimed to address the different concepts of international maritime transport in terms of its legal, economic, administrative and organizational evolution over time, globally. International maritime transport is of extraordinary importance due to the fact that through it the states have the possibility to develop due to the different situations encountered in the civil circuit, and implicitly the commercial one is constantly enriched with new elements. Despite the fact that there are many countries that are not riparian, it is absolutely necessary to have regulations in the maritime field, given the importance of the safety of the trade in goods. Even if, initially, in Romania there was no code of maritime law, there was no autonomous legislation of maritime law, there is, however, a tradition in this field based on commercial law whose content, over time, maritime law has become autonomous as a science and field of application. The history of trade is, to a large extent, the very history of civilization. In the beginning, human needs were few and very simple, limited to obtaining food and clothing. But as he progressed on the evolutionary scale of intelligence, humans demands grew, wanting more than minimal comfort. Trade is one of the methods that producers, sellers and consumers adopt at different times in order to meet their various needs. Due to the fact that no civilized society will be able to actually produce all the goods it consumes based on material difficulties, lack of natural resources, coal, wood, oil, lack of climate specific to the cultivation of a certain variety of vegetables and fruits, etc., maritime transport offers the chance and the connection between civilizations, cultures, continents, thus succeeding in the transport of goods and products to other nations. World trade has always been a solution to the problems and strategies regarding the transport of raw materials urgently needed for the evolution of society and implicitly of industry. Precisely for this reason and to encourage world trade, over the centuries, a number of measures have been taken to make it more efficient, such as measures planned over time, which have proven to be beneficial strategies for the evolution of the economy. and world industry. One of the measures that has had a positive impact on maritime trade and that I will develop in my study, in comparison, is the enlargement of the Suez Canal and the Panama Canal.
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Androshchuk, Hennadii. « Сombating unfair registrations and using means of individualization in the conditions of digital transformation ». Theory and Practice of Intellectual Property, no 6 (16 juin 2021) : 120–33. http://dx.doi.org/10.33731/62020.234053.
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Key words: intellectual property, unfair competition, means of individualization, valuation,squatter, losses, digital transformation, artificial intelligence
The article examines the economic, legal and institutional aspects of combating unfair registration and use ofmeans of individualization (trademarks, brand names, geographical indications, domainnames) in the context of digital transformation. The formation of theoretical and methodologicaland methodological foundations for the protection of the rights of their owners,improving the efficiency of experts of intellectual property agencies, law enforcementagencies, tools for digital search and use of artificial intelligence (AI) to ensure the effectivenessof the institution of individualization. The economic and legal aspects of foreign(in the jurisdictions of China, USA, EU) and domestic legislative and law enforcementpractices to combat the phenomenon of unfair registration and use of personalization,digital search tools and the use of AI are analyzed. It is shown that over the next fiveyears, 30 to 50% of product searches will be by voice rather than text, so the impact of AIon the way a product is purchased will have significant economic and legal implicationsfor individualization legislation. The means of counteracting unscrupulous applicants inthe USA have been studied. The U.S. Patent and Trademark Office (USPTO) has developedrules under which foreign applicants and trademark owners must be representedby a U.S. licensed attorney when filing trademark applications with the USPTO. Emphasisis placed on the introduction of legislative liability of e-commerce platforms forcounterfeit goods. The analysis of the last changes in the legislation of Ukraine on protectionof trade marks is carried out. It is shown that the new rules change the approachesto registration and protection of trademarks, create the possibility of their fair use.Digitalization, transition to e-document circulation in the Customs Register, improvementof the procedure for destruction of counterfeit goods are important anti-corruptionsteps in the activities of Ukrainian customs in the context of digital transformation of theeconomy.
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Setiadi, Tri. « POLITIK HUKUM FUNGSI BANK SEBAGAI AGEN REKSADANA DI PASAR MODAL ». Yustitia 5, no 1 (20 avril 2019) : 141–54. http://dx.doi.org/10.31943/yustitia.v5i1.64.
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The politics of law in the field of Indonesian piracy associated with the function of banks as mutual fund agents in the capital market in the era of free trade must be able to accommodate the main objectives of regulating banking institutions, namely the stability of the banking institutions as described above. The involvement of banks as mutual fund agents must pay attention to risk management because mutual funds are investment products that have risks and can affect the relationship between the bank and its customers and have a large impact on public trust in the bank. The legal policy must be stated in the product of legislation that regulates banking and capital market investment in this case the involvement of banks in mutual funds. The law must be a guide in the relationship between banking institutions and society.
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Isakhanova, Nataliia. « Rules of Origin Under the Legislation of Ukraine and Its Correlation with International Treaties to Which Ukraine Is a Party, Including FTAs and PEM Convention ». Global Trade and Customs Journal 15, Issue 3/4 (1 mars 2020) : 137–45. http://dx.doi.org/10.54648/gtcj2020017.
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In this article, the author analyses the main rules in Ukraine for determination of the country of origin of goods, taking into account the correlation of rules of origin provisions, which are enshrined, on the one hand, in the domestic legislation of Ukraine and, on the other hand, in international treaties to which Ukraine is a party, including (FTA)s Free Trade Agreement and Pan-Euro-Mediterranean (PEM) Convention. Revised Kyoto Convention Appendix K, EU-Ukraine Association Agreement, PEM Convention, Customs Code of Ukraine, the ‘wholly produced’ criterion of origin, Criterion of sufficient processing of goods, special (free) economic zone, ad valorem percentage rule of origin
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Slater, Donald. « Would chocolate by any other name taste as sweet ? » German Law Journal 4, no 6 (1 juin 2003) : 571–87. http://dx.doi.org/10.1017/s2071832200016230.
Texte intégralRésumé :
Food law in the European Community is a touchy subject. One of the big ongoing debates in this area centres on the question of what names we call our foodstuffs by. In an internal market where local supermarket shelves are stocked with products coming from all around the EC and beyond, how can we be sure that the contents of the packets conform to our connotations of the name on the label? For example, if it says “chocolate” on the label, how can we be sure that it really is “chocolate” within our understanding of the word? The question of what names can or should go on labels is, sadly, very complicated. This article therefore intends to look at only one aspect of this problem: when a Member State is allowed to insist that the name of an imported “generic” product be changed. We will begin by briefly looking at the case law and one of the major pieces of legislation in this area – the Labelling Directive – before going on to discuss application of the law to the recent Chocolate Cases, handed down by the European Court of Justice (hereafter the “Court”) at the beginning of this year. This discussion will give some (hopefully) interesting insights into the way in which primary law, as interpreted by the Court, and secondary legislation interact and into the balancing of consumer protection and free trade performed by the Court.
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Fedorova, Nadiia. « Legal regulation of advertising agencies in the context of intellectual property law ». Theory and Practice of Intellectual Property, no 3 (7 septembre 2021) : 5–10. http://dx.doi.org/10.33731/32021.239562.
Texte intégralRésumé :
Keywords: advertising, legal regulation, subjects of advertising activity, consumerrights, advertising legislation, hidden advertising, comparative advertising
The main prerequisite for the rationalization of advertisingactivities in all its scale is the methodological and planned preparation of advertisingmessages and their correct use at all stages of the advertising process. Advertisingagencies play an important role in being qualified coordinators between trade(distribution) and marketing, for the benefit of consumers.The specificity of legal relations arising in connection with the creation and distributionof advertising is associated with the fact that their subjects on the part ofadvertising producers are mainly professional business entities, which concludeagreements on the creation of advertising with their customers. Relationships betweenadvertising creators and advertising agencies are mainly built based onorder agreements for the creation and use of objects of intellectual property rightsor labour contracts. In this case, the author retains non-property intellectual propertyrights, while property rights in most cases pass to the advertising agency oradvertising customer.So, the author retains non-property rights, and, unfortunately, they, as a rule, areunimplemented properly in relations arising from the creation and distribution of advertising.Undoubtedly, we are talking about the right to a name. As a rule, advertisementsdon’t include their creators' name, regardless of how they are distributed.However, this doesn’t mean that the rights of the advertising author. or the rights ofthe advertisement constituent elements author may be violated. The legislation notesthe possibility not to indicate the name of the author with his consent or at his request.According to Law of Ukraine “Copyright and Related Rights”, the author has apersonal non-property right to demand recognition of his authorship by properly indicatingthe author's name on the work and its copies of any public use of the work, certainly,if it’s possible. However, the purpose of advertising is to disseminate informationabout a product or service and not about its author. For the practical aspect ofthis situation, it’s usually indicated that the producer is an advertising agency, notthe individual authors of the content.
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Beck, Erin, et Amir Mohamed. « A Body Speaks : State, Media, and Public Responses to Femicide in Guatemala ». Laws 10, no 3 (10 septembre 2021) : 73. http://dx.doi.org/10.3390/laws10030073.
Texte intégralRésumé :
In 2008, Guatemala passed the Law against Femicide and Other Forms of Violence against Women, establishing the gender-based killing of women (femicide) as a unique crime. Since then, over 9000 Guatemalan women and girls have died violent deaths. How do Guatemalan institutions and publics react to these women’s murders, and what do these reactions reveal about the impacts of legislative reform for individual victims, Guatemalan society, and criminal justice institutions? To answer these questions, we analyze state, media, and public reactions to three high-profile femicides that took place after the 2008 VAW Law. We trace the criminal justice response and legal developments following each femicide, and couple this with an analysis of newspaper coverage and social media commentary about the case. We find that despite the passage of new legislation and the creation of new institutions, various weaknesses in the Guatemalan criminal justice system undermine the impacts of reforms. These weaknesses in the criminal justice system produce three types of injuries: (1) individual injuries by hurting victims and their families; (2) public injuries by diverting public attention away from reflections about social norms and VAWG; and (3) institutional injuries by reinforcing the public’s distrust of the criminal justice system.
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Mugarura, Norman. « The Letter of Credit, its resilience and viability in securing international commercial transactions ». Journal of International Trade Law and Policy 13, no 3 (9 septembre 2014) : 246–64. http://dx.doi.org/10.1108/jitlp-01-2014-0001.
Texte intégralRésumé :
Purpose – This paper aims to address issues of law and policy, the potential pitfalls such as fraud, conflict of law and documents discrepancies that are often encountered by the parties in usage and practice of the Letter of Credit (LC). The article has gleaned other forms of payment mechanisms in international commercial trade to demonstrate that despite the upsurge in international payment instruments, the LC has remained a viable commercial product. This article aims to provide an in-depth analysis of the law governing the LC and why it has remained resilient and a viable commercial product for many years. Design/methodology/approach – The author has utilized the current version of UCP 600 (2007) and the legislation such as Brussels Convention (2000) in Europe, litigated cases and secondary data sources in writing the paper. The data generated were then evaluated taking into account the most recent legal and policy changes regarding the usage and practice of the LC in international commercial transactions. The paper straddles many issues but evaluated in a distinctive way to underscore the purpose for writing it. Findings – The findings of the paper have demonstrated that despite a myriad of payment mechanisms as a result of innovation in international trade, the LC is still a viable commercial product. Parties will need to be knowledgeable and skilled enough to keep abreast of dynamic changes on law and policy relating to usage and practice of LCs. Short of that parties could be vulnerable to risk exigencies inherent in international trade they sought to eliminate by subscribing to the LC. Research limitations/implications – The limitations lie in realm that the paper was largely library-based and the author did not carry out extensive corroborative research studies on issues it was written on. Thus, any future work on the LC will try to corroborate issues of policy and practice and how they are internalized in commercial practice. Practical implications – The paper has articulated the governing law of the LC and the context in which it is harnessed in commercial practice. It has articulated potential risk areas that the parties ought to watch out for before and during the process of harnessing the LC as a payment mechanism. The paper has demonstrated that risks inherent in international trade are now higher than in past decades because of globalization and its attendant fluid environment. The paper is relevant to banks, regulators, governments and also students because it internalizes most recent changes in the usage and practice of the LCs in international trade. Social implications – International trade affects local businesses, banks, ordinary people, national governments and it has far reaching implications for societies as whole. The LC is utilized to mitigate, if not eliminate, potential risks in international trade transactions, and it has far reaching social implications for economies to be overlooked. Originality/value – The article has gleaned other forms of payment mechanisms in international commercial trade to tease out that despite the upsurge in international payment mechanisms, the LC has remained a viable commercial product. This article is a MUST read because it internalizes recent changes in the usage and practice of documentary credit which have not been addressed in its context. Even though the article has been undertaken by analysis of secondary and primary data sources, the author has done so in a distinctive way to underscore the most recent changes to the usage and practice of the LC and the purpose it was written.
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Beviglia Zampetti, Americo, Patrick Low et Petros C. Mavroidis. « Consensus Decision-Making and Legislative Inertia at the WTO : Can International Law Help ? » Journal of World Trade 56, Issue 1 (1 décembre 2022) : 1–26. http://dx.doi.org/10.54648/trad2022001.
Texte intégralRésumé :
The recent emergence of Joint Statement Initiatives (JSIs) – that is, negotiating initiatives among a subset of the World Trade Organization (WTO) membership – has reignited the debate over lawmaking in the WTO. As things stand, the WTO operates on the basis of a widespread expectation that consensus needs to be achieved for any decision to be taken. Agreements that produce rights and obligations only among a subset of the membership (‘plurilaterals’, or Annex 4 agreements) are also subject to the consensus rule and thus remain exceptional. Are JSIs the first move towards redressing the current equilibrium in favour of agreements among a subset ofWTO members and, if so, can they be integrated within the current regime absent amendments? Even though consensus decision-making does not necessarily lead to failed negotiations, it is undoubtedly a significant contributory factor when parties hold diverse and unaligned priorities. Contracts signed in the WTO involve increasingly heterogeneous players with diverse priorities. In this article, we argue that the first-best approach to moving away from the current legislative stasis at the multilateral level is to acknowledge that it is high time to consider how to allow an additional degree of ‘variable geometry’ within the multilateral trading system. A textual legal basis for this approach, however, is missing within the WTO legal order. An acceptable alternative would be to acknowledge that the WTO adjudicators (WTO panelists and Appellate Body members), and not the members, will be the ultimate gatekeepers deciding whether agreements among a subset of members can coexist as part of the current multilateral trade framework understood within the context of international law. A necessary precondition for this alternative approach to flourish will, of course, be the resolution of the current judiciary crisis of the WTO. In either scenario, what will matter at the end of the day is that inter se agreements (that is, agreements among a subset of the WTO membership) will not affect the enjoyment of acquired rights by non-participants nor frustrate the objectives of the multilateral trading system.
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Yerokhina, N. A. « Qualification of information and images as advertising : criteria according to the legislation of Ukraine and judicial practice ». Uzhhorod National University Herald. Series : Law 2, no 73 (15 décembre 2022) : 27–31. http://dx.doi.org/10.24144/2307-3322.2022.73.35.
Texte intégralRésumé :
Having studied the criteria for the classification of information and images as advertising, established by the law of Ukraine and its judicial case-law, the author comes to the conclusion that the purpose of a certain image or information to attract attention of consumers to specific economic benefits or a business entity that can provide them on a commercial basis (relation to the business activity) is the determinative criterion for distinguishing between advertising and information and images that are not of advertising nature. Advertising must indicate a specific, individually defined business entity, or a specific, individually defined product (service) with an indication of the name, quality properties, country of origin, manufacturer or other identifying features. Instead, for example, the image of a certain object with exclusively generic features, including as part of the design of the interior of the room, is not recognized as advertising. Moreover, information about the manufacturer of the product or service and/or about the very the product or service in places where this product or service is sold or provided to the consumer, as well as directly on the product itself and/or its packaging, is not considered to be advertisement as well. At the same time, the decision to recognize information or images as advertising could be made, in particular, if they either promote the product or its manufacturer outside the places of trade. Also, it should be taken into account that despite the fact that a sign or a plate with information about the registered name of a person, signs for goods and services belonging to this person, the type of his activity and working hours have the purpose of introducing or increasing the awareness of consumers about a business entity, this information is not considered advertising due to the fact that, among other things, it does not reflect an invitation to purchase goods or services from it.
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Wang, Qixiang, et Xiaobo Wang. « Does Product Eco-design Promote Remanufacturing : Application of a Stylized Game-theoretic Model ». Sustainability 15, no 1 (30 décembre 2022) : 691. http://dx.doi.org/10.3390/su15010691.
Texte intégralRésumé :
As an effective approach to reduce resource waste and production costs, remanufacturing has elicited extensive attention from the industry and academia. Many electronic original equipment manufacturers (OEMs) have increasingly begun to incorporate product eco-design (PED) into their remanufacturing processes since take-back regulations that hold OEMs responsible for handling their own end-of-life products have gradually become more stringent. The investment costs for the PED implementation vary across different PED effort levels (i.e., high, medium, and low) chosen by the OEM, and different PED effort levels may yield different remanufacturing strategies. In this paper, we develop a stylized game-theoretic model to investigate the impact of PED effort levels on the OEM’s equilibrium decisions (which include production quantities of new and remanufactured products) and supply chain performance in the context of take-back legislation. Our results demonstrate that high PED effort levels do not imply more remanufacturing and that the OEM’s choice of remanufacturing strategies depends on the trade-off between cost savings from remanufacturing and deterministic risks. Interestingly, we find that new products should have a certain level of profitability to ensure the validity of take-back legislation. Due to the substitution and complementary effects between new and remanufactured products, the optimal decisions exhibit different characteristics in remanufacturing strategies. Through a numerical study, we observe that the economic performance decreases with increases in the PED effort level under take-back legislation, but the change in the total environmental impact depends on the PED effort level and the production cost of new products.
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Greenfield, Steven, et Diogo Veríssimo. « To What Extent Is Social Marketing Used in Demand Reduction Campaigns for Illegal Wildlife Products ? Insights From Elephant Ivory and Rhino Horn ». Social Marketing Quarterly 25, no 1 (20 novembre 2018) : 40–54. http://dx.doi.org/10.1177/1524500418813543.
Texte intégralRésumé :
The illegal wildlife trade is a global threat to biodiversity as well as to public health and good governance. As legislation and law enforcement have been insufficient to protect many wildlife species, conservationists are increasingly focused on campaigns to help reduce demand for wildlife products. Social marketing is increasingly being used to support biodiversity conservation efforts, but the extent of its use has seldom been researched. Based on interviews with conservation practitioners, we assess the extent to which social marketing has been used in demand reduction campaign design. We do this by investigating the level to which demand reduction campaigns met the benchmarks defined by the UK’s National Social Marketing Centre. We focus on rhino horn and elephant ivory, two high-profile products in the illegal wildlife trade and in China and Vietnam given their role as key consumer countries. We also investigate how conservation practitioners view the opportunities and challenges of using social marketing in the context of reducing demand for illegally traded wildlife products. Our findings highlight that there are substantial gaps between best practice in social marketing and current practices in the design of demand reduction campaigns. However, several elements of social marketing are widely utilized and a platform exists from which to build more comprehensive behavioral influence campaigns in future. In terms of future needs, practitioners highlighted the need for independent consumer research upon which to build target audience insights, a focus on broader audience segments beyond the product consumers, and the improvement of collaborations across institutions.
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Manu, Thaddeus. « The Complexity of Using the Patent Standards Under TRIPS for the Promotion of Domestic Industrial Development in Developing Countries in the Absence of Local Working Requirements : Rethinking the Role ». Journal of World Trade 51, Issue 3 (1 juin 2017) : 517–38. http://dx.doi.org/10.54648/trad2017021.
Texte intégralRésumé :
This article confronts the most basic question, which is whether in its traditional legislative intent the principle of patent working requirements would as an instrument of government policy in the mist of global value chains definitely guarantee industrial growth for developing countries and least developed countries LDCs. The author argues that globalization has promoted an increasing fragmentation of production, that is, in a dynamic economic efficiency and open trade environment, much of manufacturing today is trade in components from different sources, and seeking to produce all of them locally would be contrary to division of labour and undermines the very existence of the WTO’s mandate to preserve the basic principles and to further the overriding objectives underlying the multilateral trading system, which is to reduce barriers to trade and to the elimination of discriminatory treatment in international trade relations. Therefore, a key distinction in thinking about policy is that as an instrument of government policy the patent working requirement is, on its own, insufficient, less prudence and not the smartest route to secure rapid socio-economic growth, as countries have more to lose from a confrontational scenario of implementing patent working requirements, and more to gain when they join the global supply chain to exploit its numerous opportunities.
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Weideman, Jeanette, et Leonie Stander. « European and American Perspectives on the Choice of Law Regarding Cross-Border Insolvencies of Multinational Corporations – Suggestions for South Africa ». Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no 5 (1 juin 2017) : 133. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2522.
Texte intégralRésumé :
An increase in economic globalisation and international trade has amounted to an increase in the number of multinational enterprises that have debt, own assets and conduct business in various jurisdictions around the world. This, coupled with the recent worldwide economic recession, has inevitably caused the increased occurrence of multinational financial default, also known as cross-border insolvency (CBI). The legal response to this trend has, inter alia, produced two important international instruments that were designed to address key issues associated with CBI. Firstly, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Model Law on Cross-Border Insolvency (the Model Law) in 1997, which has been adopted by nineteen countries including the United States of America and South Africa. Secondly, the European Union (EU) adopted the European Council Regulation on Insolvency Proceedings (EC Regulation) in 2000. Both the EC Regulation and Chapter 15 adopt a “modified universalist” approach towards CBI matters. Europe and the United States of America are currently the world leaders in the area of CBI and the CBI legislation adopted and applied in these jurisdictions seems to be effective. As South Africa’s Cross-Border Insolvency Act is not yet effective, there is no local policy guidance available to insolvency practitioners with regard to the application of the Model Law. At the basis of this article is the view that an analysis of the European and American approaches to CBI matters will provide South African practitioners with valuable insight, knowledge and lessons that could be used to understand and apply the principles adopted and applied in terms of the EC Regulation and Chapter 15, specifically the COMI concept, the “establishment” concept in the case of integrated multinational enterprises and related aspects.
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Boscheck, Ralf. « Constraining Drug Supply : Product Positioning, Patent Protection and Regulatory Standards ». World Competition 31, Issue 4 (1 décembre 2008) : 485–98. http://dx.doi.org/10.54648/woco2008041.
Texte intégralRésumé :
On both sides of the Atlantic, fast growing drug expenditures and an apparent slow–down in the introduction of new pharmaceutical compounds and generics had rekindled antitrust concerns. Yet while the EU Commission was entering largely uncharted territory, US authorities seemed guided by relevant legislation and case law that has no equivalent in Europe. Still, the US experience so far also shows that public outcries over high–profi le cases are no substitute for a dispassionate assessment of conflicting incentives, inconsistent regulatory standards and essential welfare trade–offs. In fact, it suggests the need to reconsider fundamental policy options and to establish efficient rules so as to ensure a competitive supply of innovative drugs. Contemplating the US experience, this article is organised in five parts. By way of introduction, Part I links US healthcare expenditures, drug research costs and elements of drug regulation and reimbursement to identify four corporate imperatives for product positioning and life–cycle management. Part II focuses on the economics of innovation and intellectual property rights and the need to challenge patents. Part III outlines the structure of the Hatch–Waxman Act, intended to speed up generic substitution, and discusses the evolution of US court decisions on patent settlements in the wake of it. Part IV offers some considerations for modifying the application of Hatch–Waxman rules as well as the processes for contesting patents and pharmaceutical product markets. Part V sums up and links back to the current EU initiative
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Doroshenko, Oleksandr, et Liudmyla Rabotiahova. « Some aspects of establishing the conformity of an industrial design to the criteria for protection ». Theory and Practice of Intellectual Property, no 1 (11 juin 2021) : 27–38. http://dx.doi.org/10.33731/12021.234183.
Texte intégralRésumé :
Keywords: registered industrial designs, novelty, individual character, administrativeprocedure, invalidity
The new edition of the Law of Ukraine «On the Protection of Rights to Industrial Designs» No. 3770-XII,adopted on October 14, 2020, introduced significant changes to the regulation of thelegal protection of industrial designs. The basic norms of the law were harmonizedwith the articles 212−217 Chapter 9 «Intellectual Property» of the Association Agreementbetween Ukraine, on the one hand, and the European Union, the EuropeanAtomic Energy Community and their Member States, on the other hand. The conceptsof «individual character», «the overall impression», «the informed user» and «thedegree of freedom of the designer», «the circles specializing in the relevant industry»have been introduced into the sphere of legal protection. These concepts were not previouslyused in the legislation of Ukraine. The article analyzes the content of theseconcepts on the basis of European law enforcement practice, Decision of the EuropeanUnion Intellectual Property Office Board of Appeal, Judgment of the Court of Justiceof the European Union и Judgment of the General Court of the European Union. Inaccordance with the new edition of the Law, an industrial design can be declared invalidin an administrative procedure. Authors reviewed the administrative procedure
for establishing the conformity of a registered industrial design to the criteria for protection(a novelty and an individual character). A registered industrial design shall beconsidered to be new, if no identical design has been previously disclosed to the publicand to have an individual character if the overall impression it produces on the informeduser differs from the overall impression produced on such a user by any previouslydisclosed design. A design shall be deemed to have been made available to thepublic (i) if it has been published following registration or otherwise, or exhibited,used in trade or otherwise disclosed, (ii) except where these events could not reasonablyhave become known in the normal course of business to the circles specializing inthe relevant industry in Ukraine. Authors analyzed this two-step test. Particular attentionwas paid to the disclosure of industrial designs as a trade mark, copyrightwork, patent, utility model or otherwise on the Internet. Criteria for assessing disclosureof designs on the internet considered.
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Зенкина, Елена Вячеславовна, Валерий Максимович Тумин et Пётр Александрович Костромин. « CARTELS AND THEIR ROLE IN THE ORGANIZATION OF PRODUCTION AND INTERNATIONAL TRADE ». «Izvestia vyssih uchebnyh zavedenij. Seria «Ekonomika, finansy i upravlenie proizvodstvom», no 4 (46) (29 décembre 2020) : 71–77. http://dx.doi.org/10.6060/ivecofin.2020464.510.
Texte intégralRésumé :
In the modern world economy, an extremely important role is played by large international holding-type companies, often referred to as transnational corporations, financial, financial-industrial and other groups. The enterprises of such companies are located and operate in most countries of the world and have a significant impact on the main parameters of the functioning of a wide variety of markets for goods and services. With their economic potential, which often exceeds the corresponding potential of individual states, these companies are able to influence the development of market relations in both positive and negative directions. The so-called international cartel agreements, which generally mean mutual agreements between companies that often contradict the current legislation of countries, in order to establish a monopoly on certain goods (services) produced, control and capture markets, have a particularly acute negative impact on markets. In this regard, the article presents a brief history of the activities of international cartels and law enforcement practice to restrict their activities. The forms and key provisions of cartel collusion of enterprises of various industry orientations and spheres of activity are characterized. Some compensation schemes and forms of punishment for suppressing fraudulent actions of cartel participants are outlined. At the same time, there are shown situations when cartel agreements have a positive impact on the development of production, international trade and market relations. Despite strict antitrust laws, international cartels are created and operate in the markets, which should be taken into account by domestic companies when planning the results of work for them
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Begova, Tamila. « Main ways of using intellectual property ». Law and innovative society, no 2 (17) (30 décembre 2021) : 192–96. http://dx.doi.org/10.37772/2309-9275-2021-2(17)-26.
Texte intégralRésumé :
Problem setting. Today, very relevant is the question of commercialization of intellectual property. A necessary prerequisite is for profit is to use the property, putting it into circulation. All intellectual property rights can be divided into the following categories: industrial property; innovative intellectual property; objects of copyright and related rights. Analysis of recent researches and publications. Among the existing problems in the field of transfer of intellectual property rights, the imperfect level of regulation of the peculiarities of the legal forms of transfer of these rights occupies a significant place. Normative regulation is limited to the general provisions on classical contractual constructions. Problems of legal regulation of contractual relations in the field of intellectual property are covered in the scientific works of V. Kryzhna, V. Milash, O. Yavorska, I. Yakubivsky and others. The issues of the place of such agreements among civil law or commercial agreements, the division of agreements in the field of intellectual law according to various criteria, the state registration of these agreements and other aspects are studied. Target of the research. The purpose of this research is to identify and make proposals to current legislation in certain areas. Article’s main body. Analysis of civil law gives grounds to argue that all objects of intellectual property rights can be divided into the following types: 1. Objects of industrial property (inventions, utility models, industrial designs, trademarks or marks for goods and services, geographical indications, brand names); 2. Non-traditional objects of intellectual property (plant varieties, animal breeds, layout (topography) of integrated circuits, trade secrets, scientific discoveries, innovation proposals); 3. Objects of copyright and related rights (literary works, works of art, computer programs, data compilation, performance, phonograms and videograms, programs of broadcasting organizations). Legislation provides for the main ways of using an invention, utility model or industrial design in the field of management. These include: 1) manufacture, offer for sale, introduction into commercial circulation, use, import or storage for the specified purpose of a product protected in accordance with the law; 2) application of a method protected in accordance with the law, or offering it for use in Ukraine under the conditions provided by the Central Committee of Ukraine; 3) offering for sale, introduction into economic (commercial) circulation, use, import or storage for the specified purpose of a product manufactured directly in a manner protected in accordance with the law. Conclusions and prospects for the development. The article is devoted to the main issues of legal support the use of intellectual property. The author analyzes the legislation on intellectual property rights, the legal nature of the concept of «use of intellectual property», and its shape. The proposals regarding the species forms of the use of intellectual property and formulated proposals for further improvement of legislation in this area. In particular, the legal form of the use of intellectual property by the following attributes: 1) agreement on the introduction of the authorized capital property rights to intellectual property; 2) contracts for manufacturing application of intellectual property; 3) agreement on the distribution of property rights to intellectual property between the employee and the employer; 4) contracts for the disposal of property rights to intellectual property; 5) other contracts that do not contradict the laws of Ukraine. This attention is focused on the fact that not solved the possibility of commercialization of intellectual property created by public research institutions financed from the State Budget of Ukraine.
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Corradi, Marco Claudio. « Notes on Competition and Justum Pretium Theory and Practice in Medieval Italy ». Antitrust Bulletin 63, no 3 (19 juin 2018) : 330–49. http://dx.doi.org/10.1177/0003603x18780558.
Texte intégralRésumé :
Medieval Italian Comuni are often considered as one of the cradles of the modern capitalist spirit. Comuni introduced economic legislation in an attempt to counteract restrictions to competition on the one hand and to control the price of certain goods and services on the other. Price control of basic commodities was often motivated by reasons of public order – such as preventing commoners’ riots. Despite some loose analogies with the modern European Union competition law approach to pricing – namely in the area of excessive pricing – the Italian medieval Comuni pricing theory and practice substantially differed from the modern European Union one. Medieval theory struggled in reconciling market mechanisms with costs analysis and missed the distinction between efficiency and distribution. Moreover, medieval Comuni market variables were substantially divergent from the modern European ones. Despite Comuni being the wealthiest areas in Europe in those days, their consumers had significantly lower buying power, they were affected by different cognitive biases than modern consumers and they were highly segmented from a gender perspective. Medieval producers, that is artisans, did not enjoy the degree of market power that characterizes modern oligopolists. Artisans produced goods for merchants who were the main promoters of trade and economic development. Merchants often succeeded in squeezing artisans’ profits, granting consumers lower prices for manufactured goods, at times also thanks to free trade policies pursued by Comuni administrations.
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Mitritskaya, Anna. « Additional social leave for single mothers : the practice of applying and improving legislation ». Legal Ukraine, no 12 (19 décembre 2019) : 31–37. http://dx.doi.org/10.37749/2308-9636-2019-12(204)-4.
Texte intégralRésumé :
The article is devoted to the study of the procedure for providing additional social leave to single mothers. The legislation of Ukraine, judicial practice on the provision of additional social leave are analyzed. Applied mainly hermeneutic research method. It is concluded that the absence of a legislative settlement, the concept of “single mother” and a clear list of documents confirming this fact, especially in the case when the mother brings up a child without a father (divorced woman) leads to the ambiguous application of Art. 19 of the Law of Ukraine “On Vacations” in practice. In order to support motherhood and childhood and the effective exercise of the right to additional social leave, it is necessary to improve the legislation of Ukraine in this area. On the feasibility of improving the legal regulation of the status of “single mother” and fixing the list of documents confirming the status of “single mother” to provide additional social leave. When granting additional social leave to single mother (divorced woman), the employer is entitled to require, in addition to the application for granting this leave, copies of the birth certificate and the marriage dissolution, a document (s) confirming with sufficient certainty the absence of the father in the upbringing of the child, : certificate of registration of residence or residence; an act drawn up by a social and community commission established by a primary trade union organization or by any other commission formed at an enterprise, institution, organization. In controversial matters – the court’s decision on deprivation of parental rights; about establishing the fact of “single mother”; a court order or an investigator’s decision to search his father in a claim for alimony. A woman who has remarried but has not adopted a new husband from her first marriage has to produce a document confirming that the child’s father is not taking part in her upbringing, and a certificate from the civil registration authority, that the baby was not adopted by the new husband. If a widow or divorced child raising a child without a father (in the event of his or her parental rights being deprived), has remarried to another man and has not been adopted by his or her child from the first marriage, she is entitled to an additional social leave as a single mother. A woman who has children from a person with whom she has not been and who is not married, but with whom she co-operates, cohabitates and raises children, does not have the right to receive additional social leave as a single mother. The legislative level does not provide for the periodicity with which an employee must re-submit documents (renew them) to confirm the right to additional social leave. However, the Ministry of Social Policy regarding documents to confirm the right to such leave on the basis of “single mother” indicates: the employer has the right to request the renewal of these documents once a year. Key words: single mother, additional social leave.
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Herbots, Jacques. « Les contrats commerciaux OHADA dans une perspective congolaise. Vers un droit général commun des obligations contractuelles ? » European Review of Private Law 23, Issue 1 (1 février 2015) : 47–80. http://dx.doi.org/10.54648/erpl2015004.
Texte intégralRésumé :
Abstract: The economists agree that actually the African economies did take off. A further growth, however, needs investments. Attracting these investments is precisely one of the purposes of the African Union with her 54 Member States and of - in a geographically more limited area - the OHADA, the organization for the harmonization of business law in mainly French-speaking Africa. The originality of the OHADA consists in the adoption of uniform Acts, which apply in all 17 Member States. It is only fair to say that through these uniform statutes the influence of France and that of the French juridical culture are perpetuated in Africa. In this paper, the OHADA legislation is described, more specifically from the perspective of one of the Member States, namely the Democratic Republic of Congo, the former Belgian colony. An overview of the uniform Acts relating to the following commercial contracts is given: sale, arbitration agreement, carriage of goods by land, lease for professional purposes, lease of the management of a business, agency and brokerage, pledge, surety, and other guarantees. The uniform Acts modernize the outdated law of the Member States. Some of the introduced innovations are the Trade and Personal Property Credit Register and the Trustee for the guarantees. The French law as it stands in our days (including e.g. the trust-like device of the "fiducie") serves as a model, but so does the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles. The latter is not faithfully followed, though. For instance, the remedy of the anticipatory breach (provided for in the CISG) did disappear out of the revised uniform Act relating to the general commercial law. The unilateral avoidance for breach of contract (provided for in the UNIDROIT Principles), on the other hand, is only by exception allowed and the exceptional circumstances are not defined. The creditor must normally thus apply to the court for an order resolving the contract. The non-commercial special contracts continue to be regulated by the national law of each Member State. This can produce odd effects, so is the ownership of the goods sold transferred to the buyer at the very moment of the agreement of the contracting parties according to the Congolese Civil Code, while the ownership of the goods sold in Congo by commercial contract takes place at the moment of the delivery since the joining of the OHADA. In the present state of affairs, the general law of contracts (as opposed to the OHADA special rules for the different nominate contracts) remains also part of the national law of the Member States. Obviously, this has to change by all means, if one wants the harmonization of the commercial contracts. This article deals therefore also with a text that should become the cornerstone of the OHADA legislation, i.e., the preliminary draft on general contract law. It follows as close as possible the UNIDROIT Principles and there are good reasons for this, as explained by the draughts man professor M. Fontaine. Unfortunately, this draft is momentarily blocked off backstage by some lawyers steeped in the myth of the French legal culture. It may indeed seem hard to imagine, for instance, that the causa disappears! But then also does the consideration in the UNIDROIT Principles.
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Samolovova, Nina. « Protection of intellectual property rights in Ukraine : design solution ». Theory and Practice of Intellectual Property, no 5 (29 décembre 2022) : 44–53. http://dx.doi.org/10.33731/52022.270784.
Texte intégralRésumé :
Keywords: objects of intellectual property rights, trademark, utility model, copyrightand/or related rights, industrial design, unregistered industrial design, utilitymodel, commercial name
The law of the fashion industry is a branch of law that regulates publicrelations arising in connection with activities related to products of the light andcosmetic industries. Creative products, such as fashion designs expressed in products,may be protected as intellectual property rights. A design solution embodied in a particularproduct may be protected by one or more intellectual property institutions.Design solutions in the field of fashion are not directly defined in the legislation,but their properties are reflected in the features of various objects of intellectual propertyrights. The design solution embodied in the product may include copyright, industrialdesign, utility model, trademark, geographical indication, trade name. However,if the product contains several objects of intellectual property rights at once, theauthor currently registers not all, but one/two due to the cost of registration (obtaininga certificate or patent). There is an example of a bag given in the article, whichshows how protection for an industrial design and a trademark can be received immediately.But there is no procedure for providing protection by design solutions.For comprehensive protection of a design solution in the system of cross-borderprotection of intellectual property rights, foremost it is necessary to introduce the conceptof «design solution» by law. Furthermore, since design solutions in the fashion industryare seasonal and short-term, the law should give «accelerated preferentialtreatment» to design solutions in the fashion industry. This means that, after a designdecision is registered, it is protected for one year. After one year, the designerspay the fees to officially register the intellectual property rights. This way, the designerscan understand the relevance and purchasing power of the goods and avoid payinghigh fees to register intellectual property rights.
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Pedroza-Tobias, Andrea, Eric Crosbie, Melissa Mialon, Angela Carriedo et Laura A. Schmidt. « Food and beverage industry interference in science and policy : efforts to block soda tax implementation in Mexico and prevent international diffusion ». BMJ Global Health 6, no 8 (août 2021) : e005662. http://dx.doi.org/10.1136/bmjgh-2021-005662.
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Mexico is the largest soft drink market in the world, with high rates of obesity and type 2 diabetes. Due to strains on the nation’s productivity and healthcare spending, Mexican lawmakers implemented one of the world’s first public health taxes on sugar-sweetened beverages (SSBs) in 2014. Because Mexico’s tax was designed to reduce SSB consumption, it faced strong opposition from transnational food and beverage corporations. We analysed previously secret internal industry documents from major corporations in the University of California San Francisco’s Food Industry Documents Archive that shed light on the industry response to the Mexican soda tax. We also reviewed all available studies of the Mexican soda tax’s effectiveness, contrasting the results of industry-funded and non-industry-funded studies. We found that food and beverage industry trade organisations and front groups paid scientists to produce research suggesting that the tax failed to achieve health benefits while harming the economy. These results were disseminated before non-industry-funded studies could be finalized in peer review. Mexico still provided a real-world context for the first independent peer-reviewed studies documenting the effectiveness of soda taxation—studies that were ultimately promoted by the global health community. We conclude that the case of the Mexican soda tax shows that industry resistance can persist well after new policies have become law as vested interests seek to roll back legislation, and to stall or prevent policy diffusion. It also underscores the decisive role that conflict-of-interest-free, peer-reviewed research can play in implementing health policy innovations.
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Ryzhkova, S. M., et V. M. Kruchinina. « State regulations the market of fertilizers in Russia ». Proceedings of the Voronezh State University of Engineering Technologies 83, no 1 (3 juin 2021) : 410–20. http://dx.doi.org/10.20914/2310-1202-2021-1-410-420.
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The international fertilizer market developing dynamically. Domestic producers of fertilizers are not only the largest exporters of these products to world markets, but also almost completely meet the demand in the domestic market. Following the provisions of sustainable development, the state regulation of the fertilizer market should determine and guarantee the safety of the production, transportation, storage and use of fertilizers for both humans and the environment. The purpose of the study is to study and systematize a set of regulatory documents regulating the market of fertilizers, taking into account the domestic and foreign trade interests of Russia, comparing domestic and foreign legislation on the studied problem. For this purpose, classical methods and economic methods of research were chosen: analysis and synthesis, deduction and induction. The law of direct action regulating the turnover of fertilizers has not been adopted in Russia, although such laws are applied in a number of countries, and they are aimed at regulating the chain of passage of fertilizers from the producer to the consumer. The structure of Russian fertilizer legislation is not linear. At the same time, the Russian system of state regulation of fertilizer turnover includes numerous and diverse regulatory and legal acts, including international ones. The analysis of the existing regulatory documents on the regulation of the fertilizer market revealed the need to harmonize legislation in terms of an integrated approach and taking into account intersectoral features: the agricultural sector unites both large and small, and medium-sized participants, while the production of fertilizers is monopolized. The development of the domestic fertilizer market is constrained by the multi-vector standards laid down in the development strategies of the agricultural sector and the chemical industry. The state policy of fertilizer circulation is characterized by inconsistency and incoherent sectoral legislation, the lack of necessary coordination of the regulation of the fertilizer market with the needs of domestic agriculture. It is necessary to introduce the concepts of new types of fertilizers in the national standards in the near future, as well as to launch public-private partnership mechanisms to saturate the domestic market with new innovative fertilizers.
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Androshchuk, Hennadii. « Сombating unfair registrations and using means of individualization in the conditions of digital transformation ». Theory and Practice of Intellectual Property, no 1 (11 juin 2021) : 48–67. http://dx.doi.org/10.33731/12021.234192.
Texte intégralRésumé :
Key words: intellectual property, unfair competition, means of individualization, valuation,squatter, losses, digital transformation, artificial intelligence
The article examines the economic, legal and institutional aspects of combating unfair registration and useof means of individualization (trademarks, brand names, geographical indications,domain names) in the context of digital transformation. The formation of theoreticaland methodological and methodological foundations for the protection of the rights oftheir owners, improving the efficiency of experts of intellectual property agencies, lawenforcement agencies, tools for digital search and use of artificial intelligence (AI) toensure the effectiveness of the institution of individualization. The economic and legalaspects of foreign (in the jurisdictions of China, USA, EU) and domestic legislativeand law enforcement practices to combat the phenomenon of unfair registration anduse of personalization, digital search tools and the use of AI are analyzed. It is shownthat over the next five years, 30 to 50% of product searches will be by voice ratherthan text, so the impact of AI on the way a product is purchased will have significanteconomic and legal implications for individualization legislation. The means of counteractingunscrupulous applicants in the USA have been studied. The U.S. Patentand Trademark Office (USPTO) has developed rules under which foreign applicantsand trademark owners must be represented by a U.S. licensed attorney when filingtrademark applications with the USPTO. Emphasis is placed on the introduction oflegislative liability of e-commerce platforms for counterfeit goods. The analysis of thelast changes in the legislation of Ukraine on protection of trade marks is carried out.It is shown that the new rules change the approaches to registration and protection oftrademarks, create the possibility of their fair use. Digitalization, transition to e-documentcirculation in the Customs Register, improvement of the procedure for destructionof counterfeit goods are important anti-corruption steps in the activities ofUkrainian customs in the context of digital transformation of the economy.
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Bourque, Denis. « L'« affaire des omelettes » et ses conséquences sur le partage des compétences législatives en matière de taxation et de commerce ». Chronique de jurisprudence 19, no 4 (12 avril 2005) : 1115–40. http://dx.doi.org/10.7202/042290ar.
Texte intégralRésumé :
The Supreme Court of Canada has recently rendered judgment in what has come to be known as the Omelet Case. The Court was called upon to rule on the constitutionality of several provisions in federal and Ontario law, the purpose of which was to set up a plan for the marketing of eggs in Canada. The plan provided for a levy on producers and had as its objectives the attribution to each province of a share of the national market for eggs, and the setting of production quotas within each province as regards its part of the market. Such quotas were to be set in an identical manner for all producers, whether they be engaged in intraprovincial, inter provincial, or export trade. The province of Ontario also provided for the imposition of quotas as to the means of production, particularly as to the number of domestic hens a producer could possess. This paper shows how the distribution of legislative powers in respect of taxation and commerce is affected by the Supreme Court's decision. It is suggested that the Court has completely abandoned the doctrine of the Crystal Dairy case, in which the Privy Council had ruled that the levying of fees on producers was a matter of taxation. The paper also outlines the consequences of certain remarks by Chief Justice Laskin on the spending power of Parliament. The paper then discusses the reticence of certain members of the Court to approve the measures adopted by Ontario concerning the control of means of production. Such reticence illustrates the difficulties faced by the Court when trying to define or identify which measures can be adopted by the provinces, within the framework of agricultural marketing plans, without encroaching upon federal jurisdiction over interprovincial trade under subs. 91(2) of the BNA Act. Finally, the paper attempts to show how the scope of s. 121 of the BNA Act is limited by the ruling that it cannot hamper federal regulation of interprovincial trade under subs. 91(2). This latest decision confirms the broadening of the scope of subs. 91(2), already apparent in the Caloil case and the Manitoba Egg reference. The strenghtening of subs. 91(2) may imply that s. 121 will be applied differently, according to whether federal or provincial legislation is involved.
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عبيد حسن صالح, عبد المجيد, حبيب الله زكريا et أول آدم سعد. « الأوراق التجارية (قصيرة الأجل) أهميتها، وبيان جذرها الشرعي والمقاصدي (Commercial paper (short-term) importance and the statement of its root and legitimate Makassed) ». Journal of Islam in Asia (E-ISSN 2289-8077) 17, no 2 (17 septembre 2020) : 90–107. http://dx.doi.org/10.31436/jia.v17i2.969.
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يناقش البحث صيغا جديدة من الصيغ المعاصرة في التبادلات المالية (الأوراق المالية قصيرة الأجل). وبعد التعريف بها وبيان أصلها الشرعي، تناولت الدراسة البعد المقاصدي لهذه الأوراق المالية، وإذا كان قصد مشرعي القانون الخاص من هذه الأوراق السرعة، والائتمان، والتوثيق، فهذه المقاصد تتفق مع قصد الشارع من استيفاء الحقوق، وحفظ الأموال، ومبدأ التوثيق العام، كما تنطلق من روح الاقتصاد الإسلامي، من حرية السوق والتنافس، والتيسير في المعاملات التجارية، وكسر الحواجز بين الطبقات، وسرعة تبادل المال وتنقله، وتحريم الإكتناز، والوضوح والشفافية التي تعتبر معيار لصحة العقد وبركته، فالمعاملات المتكررة لها خصوصية في التشريع الفقهي الذي يتوافق مع متطلبات السوق، وحركته في العامة. وقد استخدم الباحث المنهج الوصفي التحليلي، بمناقشة المنتج المالي وبيان مفهومه، ثم جذره المقاصدي، وتحليل نصوص الشارع في ذلك، وبيان قصد الشارع من هذه الأوراق المالية. الكلمات المفتاحيّة: الأوراق التجارية (الكمبيالة، سندات لأمر، الشيك)، العرف التجاري، الائتمان، التوثيق، التبادل. Abstract The research discusses new forms of contemporary formulas in financial exchanges (short-term securities). After the definition and stating their legal origin, the study examined the intent dimensions of these securities. If the intention of the private law legislators of these securities is to quickness, credit, and documentation, thus, these purposes are in line with the legislator's intends to fulfill the rights, preserve the funds, and the principle of public documentation. It is also in line with the spirit of the Islamic economy, of market freedom, and competition, to facilitate trade transactions, to break down barriers between classes, the speed of exchange and transfer of money, the prohibition of hoarding, clarity, and transparency that are a criterion for the validity of the contract And his blessing. The repeated transactions have specificity in the jurisprudential legislation that corresponds to the requirements of the market, and its movement in public. The researcher used the descriptive-analysis method by discussing the financial product and explaining its concept. Its intent root, and analyzing the legislator texts in that, and explaining the intent of the law-giver from these securities. Keywords: Business papers, bills to order, check, trade usage, credit, documentation, exchange.
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Hao, Haiqing, et Xue Yang. « China’s Carbon Market in the Context of Carbon Neutrality : Legal and Policy Perspectives ». Sustainability 14, no 18 (11 septembre 2022) : 11399. http://dx.doi.org/10.3390/su141811399.
Texte intégralRésumé :
China’s carbon market covers a huge amount of emissions, but the effects of emission reduction in the early stages are limited. This study explores the regulation of policies and laws on the carbon market through doctrinal and empirical research in the field of law. The study reveals that although the national carbon market witnessed a considerable quota trading volume, the peak of trading is concentrated and accompanied by a high compliance rate. The total amount of quotas in the first compliance cycle is too large, coupled with a single trading product, and participants in the early stage fail to activate the carbon market, making it difficult to form the carbon pricing mechanism in the market. The legal factors behind this phenomenon are related to the total amount setting mode and the construction route from simple to complex. Based on the above analysis, this study concludes with the following path to improve China’s legislation. To comply with cap and trade, China must improve the setting mechanism of total quotas to form an investment field that participates in multiple entities; effectively play the role of carbon trading in market regulation; and guarantee smooth operation through penalty and reward coordination and a unified MRV mechanism.
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Ghose, S., et S. S. Datta. « What is India's Position in Implementing the WHO Framework Convention on Tobacco Control ? A Policy Analysis of the Tobacco Control Law and National Tobacco Control Program ». Journal of Global Oncology 4, Supplement 2 (1 octobre 2018) : 235s. http://dx.doi.org/10.1200/jgo.18.94500.
Texte intégralRésumé :
Background and context: The Framework Convention on Tobacco Control (FCTC) is the world's first public health treaty enacted under the World Health Organization (WHO). It is the biggest global initiative in tobacco control. India is a signatory to this treaty since 2004. India is home to 275 million tobacco users and is the second largest producer and user of tobacco products after China. The country is also known for widespread production and consumption of many smokeless forms of tobacco. India's progress in complying with the Framework Convention treaty had been inconsistent. While few states (provinces) are making significant progress, larger parts of the country struggles with gaps in the law, weak regulatory surveillance and overall noncompliance. The protobacco lobbies in India argue against the legislation by forecasting that banning tobacco production would lead to huge loss of employment and significant negative impact on the economy. These issues act as big deterrents to the country's tobacco control initiatives. Aim: There are very few published policy analyses on compliance with the FCTC treaty and identifying gaps in Indian tobacco control laws. This paper looks at India's tobacco use behavior, the national tobacco control laws, and its gaps and barriers. Strategy/Tactics: Using a policy triangle framework developed by Walt and Gilson (1994), it analyzes the national tobacco control policies and laws against the current scenario to identify areas of improvement and policy reform. Program/Policy process: The Indian tobacco control regulations and the National Tobacco Control Plan is evaluated in light of the WHO FCTC treaty to identify gaps and barriers to its implementation using published evidence. Outcomes: The analysis revels significant gaps and legal complexities that are currently being exploited by the tobacco industry as they continue to promote tobacco products and increase production capacity. There are also important ethical issues related to the use of child labor in tobacco trade in India. What was learned: This paper recommends to amend the Indian tobacco control law to address the gaps and implement a more stringent legislation commensurate to the tobacco use patterns and existing barriers. This also recognizes the political-economic aspects and reflects on the contextual variables and stakeholders that play a significant role in deciding the fate of tobacco production, use and control in India.
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Kasradze, Tea, Maka Nutsubidze et Pikria Kapanadze. « Recent Opportunities for Increasing Georgian Wine Export - Incentives or Obstacles to Improving Wine Quality ». European Journal of Interdisciplinary Studies 8, no 1 (26 mai 2022) : 67. http://dx.doi.org/10.26417/357fcq80.
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Along with the internationally recognized image of Georgian wine and the increase of wine exports, special attention is paid to maintaining and improving the quality of Georgian wine. Taking into account the requirements of the local and international wine markets and, consequently, promoting the development of a competitive market remains a challenge for Georgian law. The creation of favorable conditions for the export of wine at the local and international level implies, first of all, the existence of legal regulations. The aim of the Law of Georgia on Vine and Wine and its accompanying subordinate normative acts is to develop a competitive wine market in Georgia and to protect the interests of consumers, to maintain and grow the international reputation of the Georgian viticulture and winemaking sector. The law was substantially amended in 2017 and the aim of the reform was to adapt to the challenges in the wine sector and bring it closer to international standards. At the same time, the export of Georgian wine to different countries is regulated by a different legal framework. Therefore, it is in our interest to analyze these different legal regulations, which have a direct impact on the opportunities for wine exports from Georgia - the incentive or obstacle to improving the quality of Georgian wine. EU regulations apply to both wines produced in the EU and imported to the EU market, as well as to Georgia, as a third country that has signed the Deep and Comprehensive Free Trade Agreement (DCFTA) with the EU. Russia, Ukraine and the USA are important export markets for Georgia. Georgia has different international legal relations with each of them and, accordingly, the legal requirements for wine exports to these countries are different. The paper examines the current state of the modern Georgian wine market in the context of domestic and international norms regulating wine exports. It is analyzed whether local legislation and international agreements regulating wine exports contribute to the growth of Georgian wine exports and the improvement of wine quality.
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Barska, Anetta, et Julia Wojciechowska-Solis. « E-Consumers and Local Food Products : A Perspective for Developing Online Shopping for Local Goods in Poland ». Sustainability 12, no 12 (18 juin 2020) : 4958. http://dx.doi.org/10.3390/su12124958.
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The constant development of consumer awareness regarding sustainable development has spread to food markets. Decisions related to food consumption are increasingly becoming, for consumers, an opportunity to demonstrate a specific value system, contesting mass and globally distributed food. Local products began to appreciate local produce, which is the opposite of mass production. Local food is gaining popularity, being perceived as healthier, unprocessed, and containing fewer preservative compounds, while also requiring fewer natural resources, leading to a lower environmental footprint. The phenomenon of shopping virtualization has also been growing in strength lately, especially among food consumers. Although Polish food e-commerce is still relatively undeveloped, online food sales have been the fastest growing category of Internet sales. According to experts, by 2026, nearly 40% of all products globally will be sold online. The main purpose of this article was to identify the behavior of Polish consumers shopping online for local food products and to identify barriers to purchase. Our findings were then used to determine development opportunities for this form of trade in relation to local food in the light of new legislative solutions currently in force in Poland. As part of the research procedure, an extensive literature review was carried out. In addition, some of the research findings were cited regarding consumer behavior in the local food market, conducted on a population of 1067 respondents. The study showed that Polish e-consumers of local products are usually aged 30–40, well-educated, and are in a good financial situation. Respondents pointed to high prices as the main barrier to buying local products via the Internet, a drawback which may be remedied to some extent by the recently adopted legislative solutions falling under the scope of what is termed in Poland as agricultural retail trade as well as by the promotion of short supply chains such as the Polska Smakuje initiative.
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MURAVSKA, Lesya, et Tatyana RUDA. « PECULIARITIES OF EXPORT-IMPORT OPERATIONS OF AGRICULTURAL PRODUCTS UNDER MARTIAL LAW ». Herald of Khmelnytskyi National University. Economic sciences 312, no 6(2) (29 décembre 2022) : 93–97. http://dx.doi.org/10.31891/2307-5740-2022-312-6(2)-17.
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The purpose of the article is to study the peculiarities of export-import operations of agricultural products under martial law. The war radically changed the conditions of conducting business, in particular, it affected foreign economic activity. The article examines the peculiarities of export-import operations in the conditions of blockade of sea ports, disruption of stable logistics chains and significant increase in logistics costs. The legislative changes affecting the procedure for carrying out export-import operations with the participation of domestic business entities were analyzed. The article also analyzes the main trends in foreign trade in agricultural products, in particular, grain crops. The issue of the “grain agreement” and its features have been studied. It was established that the regulation of foreign economic activity has positive results. According to the results of the first half of the year, agricultural products maintained a dominant position in the volume of exports from Ukraine, despite the five-month blockade of the main sales channel – ports on the Black Sea. Therefore, the study of export-import operations of agricultural products is an urgent problem. Currently, companies that are just starting to enter foreign markets have a whole arsenal of support tools — from foreign market analytics, educational events and consulting, foreign partner search tools to grants from the state and donor organizations. Prospects for the development of exports in the conditions of war are determined, given the limited economic and organizational capabilities. The conducted analysis of the dynamics of foreign trade of Ukraine, the structure of export of agricultural products, logistical features of trade indicates the need to develop new approaches to the organization of foreign trade under martial law conditions.
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Bormotova, Alexandra, Nadežda Glubokova, Anna Agapova, Ivan Alyshev, Elizaveta Larkova et Daria Lomakina. « Aspects of application of tax control by countries for cross-border operations ». International Review, no 3-4 (2021) : 188–200. http://dx.doi.org/10.5937/intrev2103186b.
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International taxation, as follows from the theory, is a study of the tax burden on individuals or legal entities in accordance with the tax laws of different countries or international law. Russia, the United States and the EU are global jurisdictions with the most complete tax legislation concerning transfer pricing. In this regard, it is very useful to consider the experience of countries with different principles of taxation of international transactions, which will undoubtedly contribute to improving tax control over international transactions. As a rule, when performing cross-border transactions, the state implements additional control measures, in particular, tax control over transfer pricing. Foreign trade transactions, if the subject of such transactions are goods that are part of one or more of the following commodity groups (oil and goods produced from oil; black metals; non-ferrous metals; mineral fertilizers; precious metals and precious stones) in Russia belong to the category of controlled ones, which necessitates the use of transfer pricing methods. The audit is carried out in relation to the main taxes, namely, VAT, income tax, mineral extraction tax and personal income tax (in relation to individual entrepreneurs), as well as tax on additional income from the extraction of hydrocarbons. The article examines various tools and methods of control over international transactions carried out by both residents and non-residents. The authors consider the experience of countries with different principles of taxation of international transactions, which will contribute to improving and increasing the efficiency of tax control over international transactions, the correctness of calculation and completeness of payment of taxes when applying transfer pricing.
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Sozanskyy, L. Y. « IMPROVEMENT OF REGULATORY AND LEGAL INSTRUMENTS FOR STIMULATING THE DEVELOPMENT OF UKRAINIAN MECHANICAL ENGINEERING ». Economics and Law, no 4 (8 décembre 2022) : 82–91. http://dx.doi.org/10.15407/econlaw.2022.04.082.
Texte intégralRésumé :
Mechanical engineering in combination with the IT-sphere is the sector of the economy with the highest potential for the creation and implementation of product, technical and technological innovations, as well as a key centre of intersectoral relations. The importance of mechanical engineering for industry and the economy in general is confirmed by its high and growing share in the gross added value of the processing industry of the vast majority of developed industrial EU countries: 48,4 % in Germany, 25,5 % in Poland, while in Ukraine it is only 17 %. Domestic engineering is characterized by generally negative development trends, which have intensified as a result of the military aggression of the russian. Accordingly, the purpose of the article is to substantiate the approaches to the improvement of regulatory and legal instruments for stimulating the development of mechanical engineering in Ukraine. The author substantiates the effectiveness of the use of protectionist policy tools in relation to the domestic automobile industry during 1995-2008, which resulted in the increase in the production and export of automobiles. Ukrainian legislation in the field of stimulating the development of the production of machine-building products for the agro-industrial complex is analyzed in detail, and its key shortcomings are identified, in particular in terms of calculating the degree of localization and determining the share of imports in public procurement. It was emphasized that the production of domestic machine-building products for the agro-industrial complex depends significantly on the import of the most important components (engines, gearboxes), a significant part of which came from the russian federation and Belarus. In order to overcome such import dependence (especially after the introduction of a full trade embargo with russia), the author's proposals were submitted, in particular, to the Law of Ukraine “On Stimulating the Development of Domestic Mechanical Engineering for the Agro-Industrial Complex”, the Law of Ukraine “On Public Procurement” and the Government's Program to Reduce Prices agricultural machinery and equipment of domestic production. Taking into account these proposals will contribute to the implementation of the plan for the post-war recovery of the economy of Ukraine, which was announced by the team of the President's Office and representatives of the government.
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Weatherill, Stephen. « II. Free Movement Of Goods ». International and Comparative Law Quarterly 52, no 4 (octobre 2003) : 1021–30. http://dx.doi.org/10.1093/iclq/52.4.1021.
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The Commission has spent time in 2003 celebrating the tenth anniversary of the establishment of the internal market. In this context the use of deadlines is misleading. The building of an internal market is more process than event. Many significant pieces of legislation entered into force at the end of 1992, but many pre-dated that moment and others again havebeen agreed subsequently. And the Court's interpretation of relevant provisions of the Treaty was not fossilised at the end 1992, but rather its dynamic evolution continues to exert influence over the process of market-building. The Commissionsperfectly well aware of this. It admits that the Internal Market will never be ‘completed’.1The core mission is to promote and sustain improved economic performance, not to hit crude targets. Nonetheless dissemination of propaganda possessesbase appeal in all political systems and the Commission has taken the trouble to emphasise the gainsthat have accrued from the process of integration, while also devoting attention both to remaining gaps and strategies forplugging them. In making its case the Commission is confronted by the unavoidable absence of reliable data on what would have occurred had the internal market not been pursued in the chosen manner. Sector by sector, it is difficult to demarcateadvantages accruing from the ‘1992’ initiative from those that would have occurred in any event or which are attributable to other factors such as global trade liberalisation. Moreover, the essence of the internal market programme is that benefits will be felt not only in the short term, but also in the long term, and accordingly, in line with Chairman Mao's reported refusal to assess the importance of the French Revolution on the basis that it was too soon to tell, measurement of the impact of the internal market project cannot yet be decisive. However, in its reportThe Internal Market—Ten Years without Frontiers the Commission insistedon demonstrably favourable macroeconomic consequences.2It highlighted price reductions and improved productivity. Its simulation results suggest that real Gross Domestic Product would have been 1.4 per cent lower in 2002 without the internal market programme. The level of employment would have been 0.86 per cent lower. Moreover further gains are expected of the former, though not the latter, type in future.