scholarly journals Features of Extraterritorial Protection of Trademarks

2021 ◽  
Vol 16 (10) ◽  
pp. 73-83
Author(s):  
A. O. Krylepova
Keyword(s):  
Regional Integration ◽  
Legal Protection ◽  
International Agreement ◽  
Regional Models ◽  
Application Form ◽  
Trademark Protection ◽  
Trademark Registration ◽  
The Eu

The paper examines the phenomenon of extraterritoriality in the legal protection of trademarks. The author highlights the signs of extraterritorial regulation of relations related to the protection of trademark rights, namely, signs of national extraterritorial regulation and signs inherent in international legal models of legal protection of trademarks, such as legal protection of well-known trademarks, legal protection of trademarks that have received an international registration, regional integration models of legal protection of a trademark (trademarks of the EU, EAEU, etc.). As a common feature for all extraterritorial mechanisms, the author proposes to single out the principle of priority of trademarks. For the mechanism of protection of a trademark that has received an international registration and for regional models of trademark protection, the author singles out the need for all the patent offices of all states where protection is sought to approve an application form for the trademark registration and the existence of uniform norms common to all parties to an international agreement. The author of the paper does not exclude the possibility of overcoming the territorial principle and reducing possible infringements in the field of trademark protection.

scholarly journals Collective Trademark as Alternative of Joint Brand Protection for Dupa Harum Kekeran in Bali

2020 ◽  
Vol 07 (01) ◽  
pp. 64-84
Author(s):  
A.A.A Gorda ◽  
Resti Anggreni
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Secondary Data ◽  
Directorate General ◽  
Trademark Protection ◽  
Trademark Registration ◽  
The Government ◽  
Role Of The Government

In Kekeran Village, Penebel District, Tabanan Regency, people’s understanding on the importance of legal protection of Intellectual property rights over brands are not well-established. In the village, Dupa Harum Kekeran, a kind of fragrance incense, is the product of a group of women. They use the Kekeran logo; and the logo has not been registered to the Directorate General of Intellectual Property Rights. Brand is a sign that enables customers to identify and differentiate products of companies. As a differentiator, it can also be a marker of an item’s reputation. The study employed an empirical legal research method by using primary and secondary data which were analyzed descriptively and qualitatively. The study concludes that collective trademark can be used as an alternative of legal protection. It can be used to reduce business competition in the Tabanan Regency. Legal protection is preventive and can be used together to reduce the level of business competition among the makers of Dupa Harum Kekeran. In particular, the business competition is managed by the home industry. Therefore, legal protection through a collective trademark can be more effective and efficient. The government has to cut the bureaucracy of brand registration and the trademark registration can now be done online. The role of the government in efforts to provide the collective trademark protection can be said to be very optimal.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

scholarly journals EU Operational Powers and Legal Protection: A Legal Theory Perspective on the Operational Powers of the European Border and Coast Guard

2021 ◽  
Vol 22 (4) ◽  
pp. 625-649
Author(s):  
Bas Schotel
Keyword(s):  
Legal Theory ◽  
Legal Protection ◽  
European Parliament ◽  
Blind Spot ◽  
Public Law ◽  
Coast Guard ◽  
Public Power ◽  
Legal Constraints ◽  
First Time ◽  
The Eu

AbstractFor the first time in its history, the EU is in the process of acquiring significant and genuine permanent operational powers. A new Regulation on the European Border and Coast Guard provides Frontex with a permanent corps of 10,000 border guards—3,000 of which will be EU agents—its own equipment, and its own competences to intervene along the EU borders and beyond. The operational powers will allow the EU to directly and physically intervene in tangible reality.This Article argues that the conferral of operational powers on the EU poses a risk to individual legal protection. This is because once authorities have acquired operational powers of a certain extent and quality, they can afford to act against or without the law by simply overpowering or eluding the legal mechanisms that normally constrain the exercise of public power. So far, Members of the European Parliament and academics critical of Frontex and the new Regulation have overlooked this issue and concentrated exclusively on how to legally constrain the exercise of operational powers. This Article addresses this blind spot by examining whether and how public law should place legal constraints not only on the exercise but also on the build-up of operational powers.

HYBRID VERSION OF UKRAINE TRANSITION FROM PERIPHERY OF WORLD-ECONOMY TO SEMI-PERIPHERY

2020 ◽  
Keyword(s):  
United States ◽  
Regional Integration ◽  
World Economy ◽  
The United States ◽  
Modern World ◽  
Considerable Time ◽  
Protracted Conflict ◽  
The Russian Federation ◽  
The Eu

The article examines the transition of Ukraine from the periphery of the modern world-economy to the semi-periphery. Several global variants of such a transition have been analysed and a hybrid version has been proposed. Based on the analysis of Ukrainian export-import operations, the conclusion of our previous work of Ukraine being one of the periphery states has been confirmed. According to the global practice, for such states, there are two options for the transition to the semi-periphery. The first of them is the implementation of such systemic reforms that will allow for a considerable time to redistribute profits from international operations in their favour. This option is implemented in two forms. The first is authoritarian modernization (examples – Singapore, China). The second is reforms carried out with the broad support of the countries of the centre (an example is the European and Euro-Atlantic integration of the Central Europe countries). The second option is cooperation with the hegemonic state (USA) in the field of security and maintenance of order, for which such a state receives various support and access to the American sales market (examples - South Korea, Japan and the FRG, partly Turkey and Chile). It was concluded that the above options are unacceptable in a difficult Ukrainian case (chronic under-reforming, low quality of the Ukrainian elite, internal problems in the EU and the United States, a protracted conflict with the Russian Federation, etc.), thus there is a need for such an option that would combine the elements of all of the above – that is, a hybrid one. The proposed option assumes, firstly, the introduction of qualitatively new representatives into the Ukrainian elite, capable for systemic reforms, secondly, the continuation of European integration efforts, thirdly, strengthening cooperation with the United States in the security sphere, and fourthly, the activation of regional integration projects (primarily with Turkey and Poland). If efforts in one of the designated areas fail, then resources can be redirected to activate others without wasting precious time. As a conclusion, it was stated that the proposed hybrid version of Ukraine’s transition from the periphery to the semi-periphery looks like the only realistic way for Ukraine.

European ‘models’ and their implications to China: internal and external perspectives

2010 ◽  
Vol 36 (3) ◽  
pp. 755-775 ◽  
Author(s):  
XINNING SONG
Keyword(s):  
Social Development ◽  
Regional Integration ◽  
Social Power ◽  
The United States ◽  
Asia Pacific ◽  
European Studies ◽  
Peaceful Rise ◽  
External Relations ◽  
Asia Pacific Country ◽  
The Eu

AbstractEuropean Studies in China developed very rapidly in the last twenty years. The reasons for that are not only because of the smooth evolution of EU-China relations and wider and deeper economic interdependence between two economic giants, but also the relevance of the European models to China's domestic political and social development, as well as China's external relations. The article reviews the evolution of the European Studies in China and finds out that more and more research on European affairs relates to China's internal and external development. Two major aspects of the learning process are exploited further. Firstly, European models for China's domestic political and social development, including European party politics and Democratic Socialism, European social policy and social security systems, and European regional policies. Secondly, European models for China's foreign policy and external relations, including European neighbourhood policy, European concept of effective multilateralism, Europe as an example of peaceful rise, and functionalism as the way to East Asian regional integration. The EU or Europe has higher profile in China than any other Asia Pacific country. From the domestic political and social development and China's preference in international affairs we can see the silhouette of the European models. Chinese would like to learn more from Europe than the United States. It also shows clearly that the role of the EU as a social power.

scholarly journals Nothern European Lessons for Eurasian Integration

2021 ◽  
Vol 1 (1) ◽  
pp. 79-91
Author(s):  
L. S. Voronkov
Keyword(s):  
European Union ◽  
Regional Integration ◽  
Nordic Countries ◽  
The Other ◽  
Northern Europe ◽  
The European Union ◽  
Economic Relations ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Eu

The paper is dedicated to the differences between the classical instruments for regulating interstate political and trade-economic relations from those used in the development of regional integration processes. Traditionally, the Eurasian Economic Union is compared with the European Union, considering the EU as a close example to follow in the development of integration processes. At the same time, there exist the other models of integration. The author proposes to pay attention to the other models of integration and based on the analysis of documents, reveals the experience of Northern Europe, which demonstrates effective cooperation without infringing on the sovereignty of the participants. The author examines the features of the integration experience of the Nordic countries in relation to the possibility of using its elements in the modern integration practice of the Eurasian Economic Union.

scholarly journals Problematika Hak Kekayaan Intelektual Di Bidang Merek Bagi Pelaku Usaha Mikro Kecil Menegah

2021 ◽  
Vol 5 (2) ◽  
pp. 42-56
Author(s):  
Zulfikri Toguan
Keyword(s):  
Intellectual Property Rights ◽  
Research Method ◽  
Community Organization ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
Protection Measures ◽  
Library Research ◽  
Trademark Registration ◽  
The Government

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.

scholarly journals ON VARIETY OF INTEGRATION PROCESSES IN EUROPE

2013 ◽  
pp. 98-105
Author(s):  
L. S. Voronkov
Keyword(s):  
Regional Integration ◽  
Legal Norms ◽  
Soviet Space ◽  
Specific Interests ◽  
Political Economic ◽  
Globalized World ◽  
European Situation ◽  
Former Ussr ◽  
The Eu ◽  
Post Soviet Space

On the basis of analysis of integration processes between Nordic, Benelux countries and post-soviet states in Europe the author expresses hesitations in accepting the integration experiences gained by the EU as the criterion of efficiency and the pattern for the post-Soviet space. He does not consider that an involvement of all countries with market economy into processes of regional integration, if they do not try to achieve certain political aims through integration, is the universal regularity in the globalized world. In these cases neither free trade zones nor custom unions can be considered as integration stages, but they continue to be the tools for further development of trade. The author proposes to assess the EU evolution with regard to the legal norms of international organizations, where state sovereignty of members is strengthened, not given up to supernational bodies. In case the idea of reestablishment of an unified state on the remains of the former USSR, linked to the necessity to hand over the recently acquired sovereignty to it, is laid down to the ground for practical measures of integration, this kind of integration will hardly be attractive to the potential post-Soviet participants. This perspective is hardly desired for Russia either. The integration path of the EU reflects the peculiarities of the European situation and specific interests of its member states. Many details of the EU activity are not applicable to other integration groupings in Europe and membership criteria in every of them is not universal. Any efforts to construct integration processes in the post-Soviet space in accordance to the EU model without proper consideration to integration experiences of other countries and to political, economic, social, cultural, demographic, military peculiarities of the countries concerned seem to be not acceptable and founded.

The Institutional and Constitutional Aspects of the Arab Maghreb Union and the Dispute on Western Sahara as an Obstacle: What Role does the European Union Play in Promoting Maghreb Regional Integration?

2019 ◽  
Vol 22 (1) ◽  
pp. 284-318
Author(s):  
Mohamed Riyad M. Almosly
Keyword(s):  
Regional Integration ◽  
English Language ◽  
The European Union ◽  
Western Sahara ◽  
Legal Studies ◽  
Negative Impacts ◽  
Cooperative Methods ◽  
Single Approach ◽  
The Eu

The current era is witnessing a proliferation of challenges of a transnational character that do not recognize the geographical limits of sovereign States, such as human traficking and pollution. Therefore, States have to establish new regional cooperative methods to find effective solutions for these challenges. Although the Maghreb States (i.e. Algeria, Libya, Mauritania, Morocco and Tunisia) have been suffering from the negative impacts of such challenges over the last few decades, they have not yet created an effective regional cooperative framework. In this respect, since its establishment in 1989 among the Maghreb States, the Arab Maghreb Union (AMU, Union) has not been successful in stimulating Maghreb regional integration. The current study addresses a topic that has not yet been fully exploited by legal studies in the English language. It examines, first, the genesis and institutional structure of the AMU as well as the constitutional aspects of the 1989 AMU Treaty; second, the role of the EU’s multilateral and bilateral instruments in promoting Maghreb regional integration; and third, the dispute on Western Sahara between Morocco and the Polisario Front and its effect on Maghreb regional integration. The article concludes that Maghreb regional integration has so far failed due to the institutional and constitutional limits of the AMU Treaty and the political division among the Maghreb States resulting from the Western Sahara conflict. In addition, the EU so far has not followed a consistent and single approach in promoting the Maghreb integration nor did it play any role in solving the dispute on Western Sahara.

Sweden (‘.se’)

2015 ◽  
Author(s):  
Petter Rindforth
Keyword(s):  
Protocol Registration ◽  
Trademark Protection ◽  
Trademark Registration

Trademark protection in Sweden can be obtained by use, by a national Swedish trademark registration, by a Madrid Protocol registration covering Sweden, and/or by a Community Trademark registration.

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