Противодействие недобросовестной конкуренции в глобальной экономике

2018 ◽  
Vol 13 (3) ◽  
pp. 61 ◽  
Author(s):  
N. V. Abdullaev
Keyword(s):  
Global Economy ◽  
Unfair Competition ◽  
Industrial Property ◽  
Law System ◽  
Free Competition ◽  
Fair Competition ◽  
Wide Range ◽  
Psychological Pressure ◽  
Global Law ◽  
Paris Convention

In article author represents a wide range of unfair competition acts initiated by producers and sellers and addressed to competitors and consumers. Unfair competition practice has a long history and became widespread during the period of classic economic theory domination when traders has been given maximum rights in the conditions of free competition. This fact led states to necessity of regulation and prevention of unfair competition practice. First international law aimed to combat unfair competition was Paris Convention for the Protection of Industrial Property adopted in1883. Subsequently these rules were included to the charter of WTO and World International Property Organization. The most widespread forms of misleading such as discrediting competitors, violation of trade secrets, “free riding”, comparative and nuisance advertising, exploitation of fear, undue psychological pressure are represented in the article. Also corruption characterized as a main obstacle to development of fair competition in the world. Today in legal practice all possible acts of unfair competition are represented so that law is developed to combat it. On international level effective law system is developed as a complex of criminal, tax, employment, arbitration and contract branches of law. In conclusion, the author appoints that global economy has a trend enforced to develop unified global law system focused on combating unfair competition practice in international trade.

scholarly journals The Borderline Between Legitimate and Unfair Copying of Products – A Unified Scandinavian Approach?

2020 ◽  
Vol 51 (9) ◽  
pp. 1033-1061
Author(s):  
Monica Viken
Keyword(s):  
Intellectual Property ◽  
Market Failure ◽  
Free Market ◽  
Intellectual Property Protection ◽  
Unfair Competition ◽  
Robust Solution ◽  
The Public ◽  
Free Competition ◽  
Fair Competition ◽  
Shed Light

AbstractFreedom of imitation, outside the boundaries of intellectual property protection, can be considered as a prerequisite for free competition in a free market economy. The rules on unfair competition should therefore not serve to extend exclusive rights beyond their scope and term of protection. On the other hand, regulations within national law that prohibit the unfair copying of products may be justified in order to avoid market failure, being directed towards the optimizing of fair competition among honest traders. The borderline between these two opposite positions is regulated with different approaches in the European countries. This article considers the extent to which the public interest in free competition and the protection of a trader against unfair competition function together in a complementary manner under Scandinavian legislation. In the early 1970s, the Scandinavian countries developed a distinctive approach to regulations on unfair competition under the Marketing Laws. This article undertakes an investigation of these regulations relating to the borderline between legitimate and unfair copying as of 2020, revealing the extent to which there is a unified approach to copying in Scandinavia. Differences between the regulations will have influence on the legal relationship and conflicts among traders operating in all three countries, while a unified Scandinavian approach could serve as a robust solution for navigating the borderline between legitimate and unfair copying. Such analysis might also shed light on how a Scandinavian approach fits into a broader European perspective on this borderline. Thus, the aim of this article is to analyze potential different approaches to the tension between the marketing rules outside the boundaries of intellectual property protection and the principle of legitimate copying. Examination of this borderline can be connected to how the trader’s investments and behaviour are balanced against a market-oriented approach to copying.

scholarly journals Desain Industri Sebagai Seni Terapan Dilindungi Hak Kekayaan Intelektual

2019 ◽  
Author(s):  
Riki Andus Manulang
Keyword(s):  
Intellectual Property ◽  
World Trade Organization ◽  
World Trade ◽  
Uruguay Round ◽  
Trade Negotiations ◽  
Industrial Property ◽  
Multilateral Trade ◽  
Paris Convention

Revolusi industri di Inggris pada sekitar abad 18 telah mengubah dunia secara drastis. Teknologi telah mengambil alih peran manusia dalam memenuhi kebutuhan hidupnya terutama dalam hal mengatasi ruang dan waktu. Temuan-temuan besar seperti mesin uap, mesin cetak dan lain-lain membuat para inventor dan perusahaan besar mulai sering memamerkan hasil-hasil temuan mereka. Namun, bersamaan dengan ditemukannya teknologi industri timbul kekhawatiran bahwa ada kemungkinan ide atau gagasan-gagasan mereka dicuri oleh pesaing-pesaing bisnis mereka atau orang yang akan menggunakannya tanpa ijin dan mengambil keuntungan pribadi, tanpa memperhatikan hak-hak penemu, sehingga mereka enggan ikut dalam pameran-pameran internasional (world fair) . Sejak saat ini dia antara mereka timbul kebutuhan perlindungan hak hasil kekayaan intelektual. Kebutuhan perlindungan atas suatu desain industri mulai dikenal sekitar abad ke 18. Kebutuhan perlindungan hukum ini dimotori sekelompok profesional,Patent Lawyers yang sedang berkumpul di Vienna, Austria dalam suasana Vienna World Fair pada tahun 1873. Pada 1883 mereka mengadakan konvensi di Paris yang kemudian dikenal dengan The Paris Convention for the Protection of Industrial Property. Saat ini Paris Convention mengakomodasi perlindungan penemuan-penemuan di bidang industri seperti hak atas paten, merek, rahasia dagang, desain tata letak sirkuit terpadu, indikasi geografis, varietas tanaman termasuk desain industri.Dalam pertemuan Putaran Uruguay di Marrakes, Maroko 1994, Indonesia hadir dan menandatangani The Final Act Embodying the Results of The Uruguay Round of Multilateral Trade Negotiations yang menghasilan dibentuknya organisasi perdagangan dunia (World Trade Organization). Moment ini mempunyai arti yang luas dan dalam bagi Indonesia, baik secara politis, ekonomi dan hukum. Selain menjadi anggota WTO yang mempunyai hak-hak sebagai anggota juga kewajiban-kewajiban antara lain mentaati seluruh keputusan-keputusan yang diambil organisasi ini. Di dalam lampiran The Final Act terdapat lampiran Trade Releated Aspect of Intellectual Property (Aspek-aspek dagangan kekayaan intelektual). Dampak dari hal itu ada kewajiban bagi negara anggota untuk melakukan harmonisasi peraturan-peraturan termasuk peraturan kekayaan intelektual. Maka, pada tahun 2000, pemerintah Indonesia menerbitkan beberapa peraturan HKI, yaitu Undang-Undang No. 29 tahun Tentang Varietas Tanaman; Undang-Undang No. 30 Tahun 2000 Tentang Rahasia Dagang; Undang-Undang No. 31 Tahun 2000 Tentang Desain Industri; Undang-Undang No. 32 Tahun 2000 Tentang Desain Tata Letak Sirkuit Terpadu.Dengan judul Desain Industri Sebagai Seni Terapan Dilindungi Hak kekayaan Intelektual secara yuridis normatif akan dijelaskan bahwa suatu desain selain dapat dilindungi hak Desain Industri juga dapat dilindungi dengan hak cipta. Dalam tulisan ini akan diangkat tentang apakah suatu desain dapat dilindungi dengan hak cipta? Bagi seorang pendesain perlindungan hak apa yang akan dipilih untuk melindungi hasil desain suatu produk?

scholarly journals Legal Protection of Innovations in the Regime of Commercial Secrets, Industrial Property: Comparative Analysis

2020 ◽  
Vol 89 (2) ◽  
pp. 189-197
Author(s):  
L. D. Rudenko
Keyword(s):  
Property Rights ◽  
Legal Protection ◽  
Trade Secret ◽  
Legal Analysis ◽  
Trade Secrets ◽  
Legal Regime ◽  
Industrial Property ◽  
Fair Competition ◽  
Stage Of Development ◽  
Utility Models

The author of the article presents a comparative legal analysis of trade secret and industrial property regimes. Based on the analysis, the following distinctive features of legal regimes of trade secrets and industrial property are identified. The legal regime of industrial property provides strict criteria for the qualification of certain innovations as inventions, utility models, industrial designs. On the contrary, any commercially valuable innovations can be protected in the mode of trade secret. The legal regime of industrial property is a legal monopoly, as it provides the receipt of a security document (patent, declaratory patent). The trade secret regime is provided by a de facto monopoly, as it is ensured by the application of certain protective measures. The regime of industrial property rights presupposes the existence of both personal non-property and property exclusive rights. The trade secret regime provides only exclusive property rights. It has been identified that a common issue for both industrial property rights and trade secrets is the controversial application of "binding clauses" in licensing agreements, as they are contrary to the rules of fair competition. It is noted that the use of trade secrets to protect innovations is appropriate at the stage of development, mass production. When commercializing innovations, it is advisable to apply the regime of industrial property rights.

scholarly journals Watching the watchers: Taskforce Argos and the evidentiary issues involved with infiltrating Dark Web child exploitation networks

2018 ◽  
Vol 92 (3) ◽  
pp. 221-236 ◽  
Author(s):  
Paul Bleakley
Keyword(s):  
Law Enforcement ◽  
Online Forums ◽  
Law Enforcement Agencies ◽  
Wide Range ◽  
Child Exploitation ◽  
Global Law ◽  
Dark Web

As the kind of technology used by offenders advances, it has become increasingly necessary for global law enforcement agencies to adopt proactive strategies in order to effectively combat the threat posed by the organisation of child exploitation networks on the Dark Web. In spite of concerns regarding the collection of evidence, Queensland Police’s Taskforce Argos has cultivated a reputation for success in the covert infiltration of online forums dedicated to child exploitation material, due largely to the relatively loose restrictions placed on it, which allow officers to commit a wide range of criminal acts whilst conducting controlled undercover operations.

Exploring the Extent and Impediments of Knowledge Sharing in Chinese Business Enterprise

2012 ◽  
pp. 266-290
Author(s):  
Wen Bing Su ◽  
Xin Li ◽  
Chee W. Chow
Keyword(s):  
Knowledge Sharing ◽  
Cultural Values ◽  
Global Economy ◽  
Chinese Firms ◽  
Developed Economies ◽  
Chinese Business ◽  
Number Of Factors ◽  
Wide Range ◽  
Chinese Cultural Values ◽  
Ownership Types

This study explores the extent and impediments of knowledge sharing in Chinese firms because they are becoming dominant entities in the global economy, yet limited research exists on this important aspect of their operations. Survey data are obtained from experienced managers of 164 Chinese firms from a wide range of industries, sizes, and ownership types. The responses indicate that knowledge sharing is not open and complete in Chinese firms. Similar to findings from developed economies in the West, a large number of factors impede knowledge sharing in Chinese firms. These range from Chinese cultural values—which had been identified as being important by prior China-based studies—to attributes of the firm (e.g., incentive system, communication channels, organizational culture), as well as those of knowledge holders and potential recipients (e.g., judgment ability, organizational commitment). Implications of these findings for practice and research are discussed.

Challenges for Vietnam in the Globalization Era

2018 ◽  
Vol 9 (1) ◽  
Author(s):  
Dong Phong Nguyen ◽  
Viet Tien Ho ◽  
Xuan Vinh Vo
Keyword(s):  
Economic Growth ◽  
Value Chain ◽  
Global Economy ◽  
Global Value Chain ◽  
Domestic Markets ◽  
Wide Range ◽  
The World ◽  
Growth Prospects ◽  
Economic Slowdown ◽  
Emerging And Developing Countries

Abstract Emerging and developing countries around the world are playing an increasingly important role in the global economy. They move up in the global value chain very quickly. However, these countries constantly facing a plethora of challenges covering a wide range of issues. This paper addresses some key challenges confronting Vietnam economy which potentially deteriorate its economic growth prospects. These include economic slowdown, credit booming, the rise of protectionism around the world, and risk from greater opening of the domestic markets. Addressing these challenges are important for Vietnam to maintain its comparative advantage and foundation for economic growth.

scholarly journals The history of the emergence of ideas about the principle of reasonableness in the mechanism of interpretation of law

2021 ◽  
pp. 232-237
Author(s):  
B. R. Strashinsky
Keyword(s):  
Social Relations ◽  
World Order ◽  
Central Place ◽  
Legal Aspects ◽  
Legal Doctrine ◽  
Law System ◽  
Wide Range ◽  
History Of ◽  
The Mind ◽  
Scientific Ideas

The issue of the history of the origin of ideas about the principle of reasonableness in law occupies a central place within the study of historical and legal aspects of the principles of law in general. The author proves that the ideas about the principles of law in general are marked by the historical duration of their formation and development, and today the legal doctrine is represented by a wide range: a) worldview and scientific ideas of thinkers of antiquity; b) various theoretical and practical ideas of philosophers of the medieval period; c) scientific works of the Modern Age and the Enlightenment; d) innovative concepts and theories put forward by modern philosophers, modern jurists, political scientists, philosophers and scientists (both representatives of legal sciences and other branches of scientific research). In addition, the paper analyzes the history of the origin of worldviews and scientific ideas about the principle of reasonableness in law, as well as identifies the factors that led to its separation as an object of scientific knowledge. It is substantiated that thinkers of the Antiquity period comprehend and reveal the ideas of reason in law (law) through a set of other concepts and categories that form a connection with this ideological principle, namely: the logos, which is defined as the eternal world order; law, legislative activity as a manifestation of the logos, the ability to formalize the logos; wisdom as a result of education and human experience, public interests and balancing the interests of various subjects of social relations; common sense, etc. Summarizes the position that in the views of thinkers arises and develops the worldview that law is a product of mental human activity, which should be educated, vitally wise, and therefore able to think, analyze the objective needs of society, distinguish between «good» and «evil». This idea became a component of sophistry, which later in the views of Roman jurists expanded and rethought in terms of lawmaking and law enforcement on the mental abilities of man, who invest in the content of laws rational ideas and able to understand and apply them with the mind. It is stated that despite the fact that in the legal teachings of antiquity the principle of reasonableness in law has not yet become an independent subject of worldview or scientific understanding, nor has it been singled out as a separate legal category, it should be noted the research interest of ancient thinkers in development and improvement law, its nature, essence and functional purpose, actions and effectiveness, which are understood, including through the prism of ideas about human wisdom (mind), rationality in law, features of the implementation of law in human consciousness and behavior. Keywords: law principles, functions law principles, principle of reasonableness in law, role of principle of reasonableness in law, system law principles.

scholarly journals CHALLENGES OF THE CONSTRUCTION SECTOR IN THE GLOBAL ECONOMY AND THE KNOWLEDGE SOCIETY

2005 ◽  
Vol 9 (2) ◽  
pp. 65-77 ◽  
Author(s):  
Miguel Ángel García
Keyword(s):  
Value Chain ◽  
Global Economy ◽  
Knowledge Society ◽  
Innovation Activity ◽  
Market Demand ◽  
Construction Sector ◽  
Total Employment ◽  
Wide Range ◽  
Will Force ◽  
The Eu

Nowadays, the Construction Sector in the EU is one of the most relevant forces of the European economy — It represents the 10% of the total EU GDP and 7% of total employment. Nevertheless, we can define this sector as a very unstructured activity with a wide range of interactions in the value chain. In fact, we can say it's a hyper‐sector that has been demonstrating over previous decades, to be market oriented and not too much innovative. Several analyses have concluded the RTD activity in the construction Sector is quite unstructured and a lot of knowledge is produced but not recorded. In most cases, the RTD and innovation activity are focused to solve day to day problems, more than a response to an innovative policy and planned activity. Main innovations have been made in the fields of materials and machinery, and most of them could be considered as a technology transfer form other sectors. The market demand ‐ according to economical cycles, and the financial support have been the main forces that have driven the activity of the Construction Sector. The new landscape ahead, of a global economy and a society based on technology and knowledge creation and valuation, will force this sector to be more active and structured in their RTD and innovation activity.

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