scholarly journals PERLINDUNGAN HUKUM BAGI PEMEGANG HAK DESAIN INDUSTRI SEPATU TERHADAP IMITASI (Studi Perbandingan dengan Amerika Serikat)

2021 ◽  
Vol 5 (2) ◽  
pp. 21
Author(s):  
Muhammad Faizal Akbar Laksmana
Keyword(s):  
United States ◽  
Industrial Design ◽  
Comparative Method ◽  
Legal Protection ◽  
The United States ◽  
Shoe Industry

The development of the shoe industry in Indonesia today raises new problems where the similarity of shoe designs between several brands is a new problem that arises. The shoe industry design rights holders which should be highly protected have not fully received strong legal protection and there are no regulations that discuss in detail about design imitation. This writing uses a comparative method, namely the author compares with the United States that has protected industrial design rights holders since 1989 and has proven successful in protecting industrial design rights holders, therefore this comparison is important so that regulations on industrial design rights in Indonesia can benefit rights holders. 

Mismatched Liberation Theory: A Comparative Method to Explain Increasing Female Crime Share in the United States

2021 ◽  
pp. 155708512199321
Author(s):  
Ting Wang
Keyword(s):  
United States ◽  
Comparative Method ◽  
The United States ◽  
Crime Reporting ◽  
Female Crime ◽  
Modern Times ◽  
Property Crimes ◽  
Gender Specific ◽  
Uniform Crime Reporting ◽  
Reporting Data

In this paper, I propose a new theory that ascribes the increasing female crime share to unequal emancipatory advancement between women’s ideological aspirations and institutional means in modern times. Accordingly, it is proposed that an incommensurate pace in progression inflicts gender-specific deprivation on women, which increases their share of crime. The theory is tested with Uniform Crime Reporting data from 1980 to 2017 across offense types. The findings indicate that mismatched liberation increases the female share of violent and property crimes, especially for adult cohorts and among samples after 1988 when women’s ends-means gap was found to be enlarged.

scholarly journals Perlindungan Konsumen atas Metode Penawaran Negative Option di Indonesia

2019 ◽  
Vol 12 (2) ◽  
pp. 111
Author(s):  
Elizabeth Anastasia ◽  
Dwi Sekar Ningrum ◽  
William Marthianus ◽  
Willis Patrick Onggo
Keyword(s):  
United States ◽  
Service Provider ◽  
Service Providers ◽  
Legal Protection ◽  
The United States ◽  
Legal Research ◽  
Telecommunications Services ◽  
Financial Losses

Negative Option Method is a bidding method that requires confirmation from consumers in accepting or rejecting an offer. If the customer doesn’t provide confirmation, the business actor assumes that the consumer agrees and will be charged a fee for the offer given. The Negative Option method originating from the United States has actually developed in Indonesia, especially in the provision of telecommunications services. It is not uncommon for Telecommunications Service Providers in Indonesia to offer a particular feature that requires confirmation of rejection or cancellation from consumers via message, such as "unreg". If the consumer does not provide confirmation, the business actor will unilaterally assume that the Customer has accepted the offer, thus often resulting in the consumer experiencing financial losses due to the imposition of costs for goods and / or services without the consent of the consumer. This encourages the author to conduct legal research on consumer legal protection of the Negative Option bidding method using the normative juridical method. This legal research concludes that the Negative Option bidding method is contrary to the Minister of Communications Regulation Article 2 paragraph (3) and Article 4 paragraph (1) letter a which specifies that each Telecommunications Service Provider must obtain written and/or message approval from the Customer to activate a paid feature. If the Telecommunications Service Provider has not received approval from the Customer, then the paid feature must be stopped.

Lessons Learned from the Canada–China FIPA for the US–China BIT and beyond

2019 ◽  
pp. 116-141 ◽  
Author(s):  
Kyle Dylan Dickson-Smith
Keyword(s):  
United States ◽  
Legal Protection ◽  
The United States ◽  
International Investment ◽  
Economic Benefits ◽  
Lessons Learned ◽  
The European Union ◽  
Investment Protection ◽  
The Us ◽  
Investment Agreements

Key lessons can be made from analysing a unique and recent BIT, the Canada–China Foreign Investment Protection Agreement (FIPA), in order better to predict and identify the opportunities and challenges for potential BIT counterparties of China (such as the United States, the European Union (EU), India, the Gulf Cooperation Council, and Columbia). The Canada–China FIPA and the anticipated US–China BIT (and EU–China BIT) collectively fall into a unique class of investment agreements, in that they represent a convergence of diverse ideologies of international investment norms/protections with two distinct (East/West) underlying domestic legal and economic systems. The purpose of this chapter is to appreciate and utilize the legal content of the Canada–China FIPA in order to isolate the opportunities and challenges for investment agreements currently under negotiation (focusing on the US–China BIT). This analysis is conducted from the perspective of China’s traditional BIT practice and political–economic goals, relative to that of its counterparty. This chapter briefly addresses the economic and broader diplomatic relationship between China and Canada, comparing that with the United States. It then analyses a broad selection of key substantive and procedural obligations of the Canada–China FIPA, addressing their impact, individually and cumulatively, to extract what lessons can be learned for the United States (US) and other negotiating parties. This analysis identifies the degree of investment liberalization and legal protection that Canada and China have achieved, and whether these standards are reciprocally applied. The analysis is not divorced from the relevant political economy and negotiating position between China and the counterparty and the perceived economic benefits of each party, as well as any diplomatic sensitive obstacles between the parties. While this chapter does not exhaustively analyse each substantive and procedural right, it provides enough of a comprehensive basis to reveal those challenges that remain for future bilateral negotiations with China.

scholarly journals Need for Legal Protection Against Weight Discrimination in the United States

Obesity ◽  
2020 ◽  
Vol 28 (10) ◽  
pp. 1784-1785
Author(s):  
Shreya Sabharwal ◽  
Karen J. Campoverde Reyes ◽  
Fatima Cody Stanford
Keyword(s):  
United States ◽  
Legal Protection ◽  
The United States ◽  
Weight Discrimination

YURIDICAL ANALYSIS OF THEORY OF THEORY OF ETHICAL FACILITIES DUTIES LAW COMPETITION COMPETITION IN INDONESIA

2018 ◽  
Vol 3 (2) ◽  
pp. 257
Author(s):  
Nandi Wardhana
Keyword(s):  
United States ◽  
Legal Protection ◽  
The United States ◽  
European Countries ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Dominant Firm ◽  
Rule Of Reason ◽  
Sherman Act ◽  
Theory Of Theory

Indonesian competition law today requires a renewal of one of them concerning the doctrine of essential facilities duties. The doctrine essential facilities duties is a doctrine imposed on a dominant business actor who has access to essential facilities to provide access for competing business actors to use the facility. Regulation of essential facilities duties are needed to reduce dominance of a dominant firm in a particular market. This study uses a statutory approach, conceptual approach, and a comparative approach between the arrangements in the United States, Europe and Indonesia. The approach is expected to illustrate, harmonize problems arising, and provide better legal protection in the world of business competition. The doctrine essential facilities duties were first applied in the United States and then followed by European countries. The doctrine of essential facilities duties in the United States is based on the sherman act and uses theapproach rule of reason. The doctrine of essential facilities duties in European countries based on EC focuses on refusal to deal. The doctrine of essential facilities duties is explicitly implied in Law No. 5 of 1999. From this study it is concluded that the regulation on essential facilities duties in Law No. 5 of 1999 still can not provide a good legal protection for business competition in Indonesia.

Adversarial Legalism and Biodiversity Protection in the United States and the European Union

2018 ◽  
Vol 7 (3) ◽  
pp. 491-513 ◽  
Author(s):  
Yaffa Epstein
Keyword(s):  
United States ◽  
European Union ◽  
Case Studies ◽  
Legal Protection ◽  
The United States ◽  
The European Union ◽  
Species Protection ◽  
American Experience ◽  
European Counterpart ◽  
The Eu

AbstractThis article compares the use of litigation to enforce species protection law in the European Union (EU) with that of the United States (US). Recent legal disputes over wolf hunting on both continents offer useful case studies. Focusing on three aspects of litigation – namely, (i) against whom claims are brought, (ii) who can bring claims, and (iii) the types of claim that can be brought – the analysis contrasts US-style adversarial legalism with its European counterpart, or ‘Eurolegalism’, and assesses what each approach is able to deliver in terms of the legal protection of wolves. It is argued that Eurolegalism helps to explain the development of species protection law in the EU and its similarities to and differences from the American experience.

scholarly journals EXPERIENCE OF NORTH AMERICAN FORENSIC EXPERTS ON RESEARCHES OF PERSONAGES AS OBJECTS OF THE COPYRIGHT

2017 ◽  
Vol 17 ◽  
pp. 367-373
Author(s):  
M. M. Kalinichenko ◽  
I. O. Struk
Keyword(s):  
United States ◽  
North American ◽  
Evaluation Criteria ◽  
Legal Protection ◽  
Objective Evaluation ◽  
The United States ◽  
Copyright Holder ◽  
Main Research ◽  
Analytical Technique ◽  
Associative Relation

A personage as a part of literary, visual and audiovisual works is one of intellectual property objects, and thus is the subject to legal protection. The task of forensic expert is an empirical determination of the level of personage independence on the objective evaluation criteria. Therefore, the objective and task of the article is to provide a generalized outline of the main analytical practices and scientific-methodic concepts of North American forensic specialists which are used in the process of case materials evaluation concerning personages as objects of copyright. In the United States, the key legal provision governing the protection of the author rights (the copyright holder) on personage is that such personage is protected to the extent which is defined by the so-called "source identifier" certifying the presence of associative relation of a personage under research with concrete works or commercial objects. The contemporary research also takes into account the "secondary meaning" -factor in the process ofpersonages evaluation, which is based on their value in relation to the source of origin. Forensic experts of the United States also use two main research "tests" to determine whether a personage is a subject to legal protection. The first of them, the so-called "The Character Delineation Test" which is based on the assumption that personages underdeveloped in the artistic sense, give evidence to the lack of obvious signs of author’s creativity, hence they are deprived with attributes of creative character represented in the objective form. Another common analytical technique is so-called "The Story Being Told Test" which considers a personage as an integral part of an artistic structure of the analyzed work, without which the work, as a whole, can not exist in accordance with the rules of the traditional artistic logic.

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