A Comment on the Studies of Legal Status of Dokdo in Foreign Law Journals

2019 ◽  
Vol 27 ◽  
pp. 229-260
Author(s):  
Chan-Ho Park ◽  
Keyword(s):  
Legal Status ◽  
Foreign Law

PATENT PROTECTION OF SCIENTIFIC RESULTS AND ARTIFICIAL INTELLIGENCE: PROBLEMS AND CHALLENGES

2020 ◽  
pp. 36-43
Author(s):  
Daria Ponomareva ◽  
◽  
Alexander Barabashev ◽  
Keyword(s):  
Artificial Intelligence ◽  
Patent Protection ◽  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Foreign Law ◽  
Scientific Results ◽  
Will Force ◽  
Definition Of ◽  
Artificial Intelligence Systems

This article is devoted to the legal problems associated with the provision of patent protection for the results of scientific activities created by artificial intelligence systems. The authors explore the approaches formulated by doctrine and practice in relation to objects created by robotic systems, computer technology and AI. The problem of the relationship between patent protection of the results of scientific (scientific and technical) activities and artificial intelligence systems is becoming more and more urgent. Modern AI systems are quite capable of creating inventions that are the result of the application (use) of the cognitive (thinking) abilities of a person, that is, such inventions can be patentable. There is no doubt that the increasingly active introduction of AI systems will force national legislators to reconsider the definition of the term “inventor.” In Russian legislation, the issue of patent protection of inventions created by AI is currently not resolved. The review of the state of legal regulation of patent protection of the results of scientific activity (first of all, inventions) created by AI systems, presented in the article, indicates the absence of clear rules both in Russian and foreign law (using the example of individual jurisdictions) regarding the determination of the legal status of this kind. objects and the person who has exclusive rights in relation to them. The use of already existing legal constructions by analogy, as well as the borrowing of foreign experience, can only temporarily solve the issue of patent protection of the results of scientific activity created with the help of AI.

scholarly journals The Legal Status of Subjects of Corporate Relationships: Doctrinal and Law Enforcement Aspects

2021 ◽  
Vol 2 ◽  
pp. 3-7
Author(s):  
Oksana V. Cherkasova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Case Law ◽  
Civil Code ◽  
Law And Order ◽  
Generic Term ◽  
Foreign Law ◽  
The Russian Federation ◽  
The Right

The article reviews the legal status of subjects of corporate relationships, analyzes doctrinal and law enforcement aspects. The author analyzes the scientists’ standpoints, various models of interaction between the subjects of corporate relationships existing in foreign law and order, case law, arrives at conclusions about the correlation between the categories of the “right of participation”, “right of membership”, “right of management”. It is noted that the membership concept evolves out of participation by performing the function of a generic term. It is suggested to determine the “right of management” of a corporation as just one of the member’s activity areas along with other rights. The author recommends to ensure consistency of the provision of Article 2 of the Civil Code of the Russian Federation and Articles 65.2, 65.3 of the Civil Code of the Russian Federation where the concept of the “right of participation” would act as a basic one and the “right of management” would be its constituent part.

Human dignity right in the system of personal (civil) human rights (the problem of applying an interdisciplinary approach to research)

2020 ◽  
pp. 9-20
Author(s):  
Nikolay Pridvorov ◽  
Vasily Trofimov
Keyword(s):  
Civil Rights ◽  
Human Dignity ◽  
Legal Status ◽  
Interdisciplinary Approach ◽  
Personal Rights ◽  
Foreign Law ◽  
Practical Research ◽  
The Right ◽  
Correct Understanding ◽  
Interdisciplinary Study

We consider the problem of human dignity right as one of the key elements of the system of personal (civil) rights and freedoms of man and citizen. We state the constitutive importance of the right to human dignity in the structure of the legal status of an individual. We demonstrate the interdisciplinary nature of the institution of human dignity. We give examples of legislative protection of the right to dignity of an individual from a number of branches of Russian and foreign law. We reveal the incompleteness of both the doctrinal understanding and the legislative regulation of personal rights, including the right to the dignity of the person, which, as a general principle, figure only as objects of protection from state and legal means (mechanisms). In addition, these rights have their potential for the full realization of the personality in the process of social and legal life, and therefore it is necessary to create wider regulatory opportunities for this legal institution. The achievement of the goals of a correct understanding and regulation of the right to human dignity (as well as other personal rights) will be facilitated by the use of an interdisciplinary scientific approach in the process of scientific and practical research of this subject. We offer arguments that indicate the relevance of an interdisciplinary study of the right to human dignity.

Recognition and Enforcement

2016 ◽  
Author(s):  
Gabriel Moss ◽  
Daniel Bayfield ◽  
Georgina Peters
Keyword(s):  
Direct Effect ◽  
Legal Status ◽  
Member States ◽  
Foreign Law ◽  
Recognition And Enforcement ◽  
The Uk ◽  
Insolvency Proceedings ◽  
Judicial Assistance ◽  
Made In

This chapter considers the recognition of insolvency proceedings and the enforcement of the rights and powers of liquidators under the Regulation. In the UK, the position of foreign insolvency practitioners depends upon the degree of recognition or judicial assistance available. Recognition involves giving direct effect to a foreign law, to an order of a foreign court, or the foreign legal status of a foreign administrator or representative. The chapter also describes the recognition of insolvency proceedings and their enforcement, and powers of insolvency practitioners under the RR, who have substantially ‘amplified’ their rights and powers in two ways. First, more detailed provision has been made in relation to the duty of cooperation and coordination in cases where both main and secondary proceedings have been opened in different Member States. Secondly, a new set of rules has been implemented relating to cooperation and communication in proceedings concerning groups of companies.

UNDERSTANDING AND CORRELATION OF THE TERMS «ENERGY RESOURCES», «NATURAL RESOURCES», «MINERAL RESOURCES» AND «MINERALS» IN NATIONAL AND FOREIGN LAW

2020 ◽  
pp. 261-273
Author(s):  
Anastasia E. Vinokurova ◽  
Keyword(s):  
Natural Resources ◽  
Russian Federation ◽  
Legal Status ◽  
Energy Resource ◽  
Mineral Resources ◽  
Legal Regulation ◽  
Energy Resources ◽  
Legal Provisions ◽  
Foreign Law ◽  
The Russian Federation

The article examines the correlation between the terms «energy resources», «natural resources», «mineral resources» and «minerals» in Russian and foreign law. The importance of distinguishing the concepts of «energy resources» and «natural resources» is emphasized. Their legal regulation in fuel and energy complex has a comprehensive nature as it shall be executed in compliance with the legal provisions of environmental, energy and other related legislation. It turns out that there is no clear answer to the objective question whether certain «energy resources» can be classified as «natural resources» in the legislation of the Russian Federation. In this regard, the issue of determining the legal status of energy resources arises. To address the problem, in legal doctrine the pattern was identified. In accordance with it, it is necessary to confirm the fact of anthropogenic impact on a natural resource aiming at considering that resource as an energy resource. This means natural resources used as energy sources for economic activities by industry entities are converted into energy resources (energy carriers or certain types of energy) as a result of their implementation. It is noted that in this process, the removal of natural resources from the natural environment can be carried out or not. The article presents the norms of the Constitution of the Russian Federation and Federal Russian legislation, which apply and, in some cases, give the meaning of the terms «energy resources», «natural resources», «mineral resources» and «minerals». With a view to improving the Russian legislation, the author proposes to eliminate the existing legal uncertainty by applying such legal techniques as concretization and definition as follows: distinguish between the concepts of «natural resources» and «energy resources», adding the words «non-energy» or «energy» to the concept of «natural resources». This approach is completely new for Russian legal science, since it is borrowed from foreign law.

Sign in / Sign up

Export Citation Format

Share Document