scholarly journals The Protection of Licensee’s Later Forming Goodwill in the Trademark Licensing—The legal analysis of “Wanglaoji” Trademark Dispute

2020 ◽  
Author(s):  
Xiaowen Xiao ◽  
Yongtian Xiao
Keyword(s):  
Legal Analysis ◽  
Trademark Licensing

IP Licensing Contracts in Italy ‒ Royalty Rate Determination and Dispute Resolution Clauses

2021 ◽  
Author(s):  
Paola Gelato ◽  
Stefano Vergano
Keyword(s):  
Dispute Resolution ◽  
Legal Analysis ◽  
License Agreement ◽  
Royalty Rate ◽  
Economic Implications ◽  
Know How ◽  
License Agreements ◽  
Italian Law ◽  
Trademark Licensing

Abstract The present work is aimed at exploring IP license agreements under Italian law, with a focus on trademark licensing in the fashion, cosmetics and perfumery sectors, as well as on patent and know-how licensing in the pharmaceuticals industry. In particular, we will address the issue of royalty rate determination and dispute resolution clauses, which constitute key elements of a license agreement. These clauses will be analyzed in light of the above-mentioned fields of interest, in order to show how IP contractual tools may vary, in consideration of a particular sector. Moreover, the article tries to combine the legal analysis with the economic implications for business and entrepreneurs. The fact is that license agreements are business-oriented contracts, the study of which is particularly useful for understanding how and to what extent an IP agreement may influence and even shape, in some cases, a whole sector, as we will see with, for example, the perfumery sector.

The Racialization of the African-American and Asian-American Citizen: A Comparative Legal Analysis

2019 ◽  
Vol 3 ◽  
pp. 30-41
Author(s):  
Mallory Yung
Keyword(s):  
African American ◽  
Asian Americans ◽  
Asian American ◽  
Model Minority ◽  
Legal Discourse ◽  
Court Cases ◽  
Legal Analysis ◽  
Critical Race ◽  
Social Hierarchies ◽  
American Citizen

The perception of racial tensions in North American settler countries has historically been focused on the Black/White relationship, as has much of the theoretical legal discourse surrounding the concept of “race”. Accordingly, the scope of much critical race scholarship has been restricted such that it rarely acknowledges the racial tensions that persist between different racially-excluded minorities. This paper hopes to expand and integrate the examination of Black and Asian-American racialization that critical race scholars have previously revealed. It will do this by historicizing the respective contours of Black and Asian-American racialization processes through legislation and landmark court cases in a neo-colonial context. The defining features of racialization which have culminated in the ultimate divergence of each group’s racialization will be compared and contrasted. This divergence sees the differential labeling of Asian-Americans as the ‘model minority’ while Blacks continue to be subjugated by modern modalities of exclusionary systems of control. The consequences of this divergence in relation to preserving existing racial and social hierarchies will be discussed in the final sections of this paper.

Opinions Regarding the Principle of Promoting with Priority the Superior Interest of the Child in the Regulation of Law No. 272/2004 and the Romanian Civil Code

2020 ◽  
Vol 26 (2) ◽  
pp. 150-156
Author(s):  
Aurelia Teodora Drăghici ◽  
Andrei Murgu ◽  
Teodor Bodoașcă
Keyword(s):  
Children's Rights ◽  
Civil Code ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Analysis ◽  
Best Interest ◽  
Regulation Of Law

SummaryThe study is devoted mainly to the logical-legal analysis of the provisions of art. 2 of Law no. 272/2004 on the promotion and protection of children’s rights, as well as art. 263 of the Civil Code, which establish the main normative solutions regarding the “priority promotion of the principle of the best interests of the child”. Although the phrase “the best interests of the child” is used in the construction of many rules of Law no. 272/2004, the Civil Code and other normative acts, the legislator refrained from establishing its significance, leaving this approach to the doctrine. The proposed study is intended to be a contribution to achieving this goal. We were also concerned with the identification of normative inaccuracies and the substantiation of pertinent proposals of lege ferenda for the improvement of the regulations regarding the principle of promoting with priority the principle of the best interest of the child.

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