scholarly journals Problems of identifying subjective features of administrative offenses in the field of intellectual property

2020 ◽  
Vol 2 (2) ◽  
pp. 77-84
Author(s):  
Petro Makushev ◽  
Andriy Khridochkin
Keyword(s):  
Intellectual Property ◽  
The European Union ◽  
Mental Attitude ◽  
The Public ◽  
Public Recognition ◽  
The Subject ◽  
Internal Side ◽  
The Military ◽  
Subjective Side ◽  
Administrative Responsibility

The article deals with the problems of identifying subjective signs of an administrative offense in the field of intellectual property. It is determined that all structures of administrative offenses in the field of intellectual property are characterized by common subjective features (set of relevant entities (directly and the person who committed the offense) and subjective side (internal side of administrative offenses that covers the mental attitude of a person to the public the harmful act which it commits and its consequences). The subject of the administrative offense in the field of intellectual property is analyzed. The existing objective conditions of administrative liability of a legal entity for administrative offenses in the field of intellectual property are considered. The characteristic of the subjective side of the administrative offense in the field of intellectual property is given. It is emphasized that the subjective party to the administrative offenses in the field of intellectual property has mandatory and optional features. A mandatory feature of the subjective side of administrative offenses is wine. Optional features of the subjective side of administrative offenses in the field of intellectual property are the motive and purpose of the perpetrator. It has been established that in most cases the purpose of administrative offenses in the field of intellectual property coincides with its motives, although it sometimes takes on an independent meaning. It is proved that the administrative offenses in the field of intellectual property are committed solely for selfish reasons, and the purpose of the offense as the final result to which the offender seeks to commit this act is gain, illicit enrichment, public recognition, etc. Proposed ways to improve administrative responsibility for intellectual property offenses. The necessity of systematization of the national legislation on administrative responsibility for offenses in the field of intellectual property is emphasized. The necessity of adaptation of domestic legal acts in the field of intellectual property to the corresponding acts of the European Union, regulatory regulation of the problem of utilization of intellectual property objects, creation of a regulatory framework for the protection of intellectual property in the military and technical sphere are argued.

scholarly journals The development of artificial intelligence in Brazil: emphasis on the military sphere and the questions of intellectual property

2021 ◽  
pp. 1-21
Author(s):  
Ksenia Michailovna Belikova
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Computational Models ◽  
Legal Regulation ◽  
The European Union ◽  
Technology Infrastructure ◽  
Legal Perspective ◽  
Technical Issues ◽  
The Subject ◽  
The Military

The subject of this research is the development of artificial intelligence in Brazil based on the recently adopted act “National Strategy for the Development of Artificial Intelligence” of April 2021 with an emphasis on the military sphere through the prism of legislative provisions on intellectual property, potential and needs of the country, as well as real joint projects with its foreign partner Israel in the sphere of procurement and engineering of unmanned aerial vehicles (Harpia, Elbit Hermes 900 and 450, IAI Heron). The relevance of this article is substantiated by timely consideration of the legal perspective of the approaches of Brazil towards the implementation of artificial intelligence, as multiple foreign states aim to implement the adopted strategies in this sphere. The scientific novelty consists in the following positions: artificial intelligence can be implemented in production, public safety and public authority, through ensuring the due level of the development of such crucial components as education and human resources, scientific and technology infrastructure, and business foundation, legal regulation and management, as well as taking into account international experience. At the same time, the technologies underlying artificial intelligence and machine learning – computational models, algorithms of classification, clusterization, educational, and others are not subject to patenting in Brazil (same as in the European Union), although are regarded as inventions for solution of technical issues – as the engineering applications of artificial intelligence.

Związek publicznej obecności Kościoła w Polsce z preferencjami wyborczymi elektoratu w 2011 roku

1970 ◽  
Vol 23 (301) ◽  
pp. 72-92
Author(s):  
Karolina Dłuska
Keyword(s):  
Public Space ◽  
Catholic Church ◽  
Public Television ◽  
The Public ◽  
The Subject ◽  
The Individual ◽  
The Military ◽  
Religious Nature ◽  
The Relationship ◽  
The Catholic Church

The author of the article tries to indicate the relationship between the perceived presence of the Catholic Church in public life and the election preferences of Poles. The subject of the research here is the parliamentary elections in Poland in 2011 in the context of the perception by the electorate of the individual parties of the public presence of the Catholic Church in the selected aspects. Among them, the author points to: the issue of crosses and other religious symbols in public space, including the issue of a cross in the Sejm meeting room. She also recalls such matters as: religion lessons in schools, the religious nature of the military oath, priests appearing on public television, the Church taking a stand on laws passed by the Sejm and priests telling people how to vote in elections. The presented analysis is based on the results of the Polish General Election Study 2011.

scholarly journals A Review of the Halal Poultry Slaughtering from Welfare and Legal Perspectives: Analysis of Research Results

2021 ◽  
Vol 30 (3) ◽  
pp. 11-27
Author(s):  
Karrar Imad Abdulsahib Al-Shammari
Keyword(s):  
Public Sphere ◽  
Animal Cruelty ◽  
The European Union ◽  
The Public ◽  
Current Review ◽  
The Subject ◽  
Muslim Majority ◽  
The Public Sphere ◽  
Controversial Aspect

The subject of halal slaughtering is one of the most widely discussed issues of animal cruelty and animal welfare in the public sphere. The discrepancy in understanding the contemporary and religious laws pertaining to animal slaughtering does not fully publicize to Islamic and Muslim majority countries especially with respect to interpreting the use of stunning in animals. The electrical stunning is the cheapest, easiest, safest, and most suitable method for slaughtering that is widespread and developed. However, stunning on head of poultry before being slaughtered is a controversial aspect among the Islamic sects due to regulations of the European Union and some other countries. The current review highlights the instructions of halal slaughtering, legal legislation, and the effect of this global practice on poultry welfare and the quality of produced meat.

scholarly journals ADMINISTRATIVE OFFENCE IN THE FIELD OF INTELLECTUAL PROPERTY AS THE GROUND FOR ADMINISTRATIVE LIABILITY

2020 ◽  
pp. 19-29
Author(s):  
Andrii Khridochkin ◽  
Petro Makushev
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Social Harm ◽  
The Subject ◽  
Definition Of ◽  
Objective Side ◽  
Subjective Side ◽  
Legal Consequences

The article deals with homogeneous group of administrative offences - administrative offences in the field of intellectual property as a basis of administrative liability. It is emphasized that the objective features of this administrative offence are its social harm, wrongfulness and punishment, and subjective ones are guilt and subjectivity. It is emphasized that only in the presence of all these features can one speak of qualifying an individual’s act as an administrative offence and resolving the issue of bringing him to administrative liability. The definition of the term “administrative offence in the field of intellectual property” is proposed as envisaged by the legislation on administrative liability of socially harmful, unlawful, guilty act, committed by the subjects of such unlawful acts that encroach on the set of property and personal non-property rights to the intellectual results. It is established that all warehouses of administrative offences in the field of intellectual property (art. 51-2, 107-1, 156-3 (in the part concerning intellectual property objects), 164-3, 164-6, 164-7, 164-8, 164-9, 164-13) there are such elements as objective signs and subjective features, which in their unity form the composition of administrative offences of this group. It is noted that the only generic object of these administrative offences is the group of public relations of intellectual property, which are protected by the law on administrative liability, and the subject of this group of public relations are objects of intellectual property. It is proved that the objective side of administrative offences in the field of intellectual property is a set of ways of infringement of intellectual property rights. Attention is drawn to the fact that in practice the violation of intellectual property rights to different objects has different economic, social and legal consequences, and therefore the degree of their social harm is different, and therefore there is a need to differentiate administrative liability depending on the intellectual property. Subjective signs of the administrative offences of this group, which are represented by their subject, are established, and the subjective side is characterized by the fact that they are committed only intentionally.

scholarly journals The Notion of the European Union Trademark

2019 ◽  
Vol 8 (1) ◽  
pp. 21-31
Author(s):  
Jarmila Lazíková
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
The European Union ◽  
Distinctive Character ◽  
Trademark Law ◽  
The Public ◽  
Eu Member States ◽  
Goods And Services ◽  
Court Of Justice ◽  
The Eu

AbstractThe EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.

6. Trade Marks I

2017 ◽  
Author(s):  
Tanya Aplin ◽  
Jennifer Davis
Keyword(s):  
Trade Mark ◽  
The European Union ◽  
Trade Marks ◽  
The Public ◽  
The Subject ◽  
Substantive Law ◽  
The Relationship ◽  
Absolute Grounds For Refusal ◽  
Trade Mark Registration ◽  
Domestic Case

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the main justifications for the protection of registered trade marks. It considers the substantive law relating to the subject matter of registration as set out in the Trade Marks Directive (2016) and its predecessor. It looks at which signs will be registered as well as the absolute grounds for refusal of registration and at the Court of Justice of the European Union and domestic case law interpreting these grounds. The practicalities of the trade mark registration process both domestically and internationally are also considered. The chapter then looks at the relationship between registered marks and the public domain.

scholarly journals The role of public service journalism and television in fostering public voice and the capacity to consent: An analysis of Spanish viewers’ discourses

Journalism ◽  
2019 ◽  
Vol 21 (11) ◽  
pp. 1798-1815 ◽  
Author(s):  
María Lamuedra Graván ◽  
Concha Mateos ◽  
Manuel A Broullón-Lozano
Keyword(s):  
Public Service ◽  
Voice Recognition ◽  
Media History ◽  
Critical Juncture ◽  
The Public ◽  
Participatory Journalism ◽  
Public Recognition ◽  
The Subject ◽  
Public Voice

This article explores the relevance of voice, recognition and consent as central attributes of the subject of participatory journalism. On the understanding that in democracy the design of political and social organisation ought to favour a process that develops the public voice of citizens, it explores the role that journalism, above all the public service kind, plays in meeting this objective. From this perspective, an analysis is performed on the discourses of the viewers of the newscasts of the Spanish public TV channel TVE, with a view to determining to what extent public recognition is based on the following three elements: (1) the recognition of citizens as such, (2) their capacity to give or withhold their consent and (3) to develop a voice capable of vindicating participation. The discussion and results aim to contribute to the debate on the ‘critical juncture’ of media history, at which the information ecosystem is undergoing far-reaching changes.

scholarly journals Administrative responsibility for the violation of public order and safety rules movement on railway transport

Legal Ukraine ◽  
2020 ◽  
pp. 23-30
Author(s):  
Rustam Agakaryan
Keyword(s):  
Service Sector ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Railway Transport ◽  
Railroad Tracks ◽  
The Subject ◽  
Correct Application ◽  
Objective Side ◽  
Subjective Side ◽  
Administrative Responsibility

Questions regarding qualification of administrative offences established under Art. 109 of the Code of Ukraine on Administrative Offences. Their implication in the service sector of JSC «Ukrainian railways» is illustrated. Identified gaps in the legal regulation of administrative responsibility and rules of citizens’ behaviour on railway transport. Over the past five years almost 20,000 offenses under Art. 109 of Code of Ukraine on Administrative Offenses were commited. Their legal analysis is necessary for the correct application of the law provisions that establish administrative responsibility and govern the relations that represent the object of these offenses. As a result of analysis of the bodies of administrative offences under the Art.109 of Code of Ukraine on Administrative Offenses the deficiencies of legal regulation under administrative law of relations of responsibility and relations that constitute the objects of these offenses were identified. In Part 3 of Article 109, two offenses are represented, that differ by both — the object and the objective side. Use of different categories for the formulation of rules that affect the characteristics of both — objective and subjective sides of the offense under Part 6 of Article 109 of Code of Ukraine on Administrative Offenses, namely: «to place objects on rails», «to leave objects on the raiway tracks», «to put objects on railway tracks» complicates the qualification of this offence. Key words: Administrative offences, the Ukrainian railway, the legal relations, the object, the objective side, the subject, the subjective side of the administrative offense, the placing objects on the railroad tracks.

scholarly journals CORPORATE SUSTAINABILITY: A COMPARATIVE ANALYSIS OF THE LEGAL DISCIPLINE OF THE NON-FINANCIAL INFORMS (BRAZIL AND EUROPEAN UNION)

2018 ◽  
Vol 4 (5-6) ◽  
pp. 284-305
Author(s):  
Vinicius Figueiredo Chaves ◽  
Alexandre Folly Nogueira Sertã
Keyword(s):  
European Union ◽  
Corporate Sustainability ◽  
The European Union ◽  
Financial Reports ◽  
The Public ◽  
Hard Law ◽  
Legal Structures ◽  
The Subject ◽  
Administrative Institution ◽  
The Eu

From the theoretical reference of the sustainability, the article analyses the question of the incorporation of both social and environmental order considerations to the business and operations carried out by the companies, through the public dissemination of the performances in such areas. The research, focused on the quality, under a exploratory profile, and based in the bibliographic and documental review techniques, such as the data collection, is herein developed with the goal of identifying and analyzing, comparatively, the normative treatment applied to the scope of the public divulging of non-financial reports (the so called sustainability informs or reports), accordingly to both the Brazilian and European perspectives. As noted, in Brazil, there is no legal obligation to publish the sustainability reports, although the publishing is recommended to the companies by BM&FBOVESPA (administrative institution of the capital market), since December of 2011, through an instrument that characterizes a “soft” Law. On the other hand, in the European Union (EU) scope, there has been a recognition of the necessity to increase the transparency of social and environmental information by certain corporate societies and groups of companies, which is considered an imperative element for their social responsibility. Therefore, both the European Parliament and the European Union Counsel edited directives (2013/2014), regarding the subject of the publishing of non-financial information. The legislative acts in question are destined to all the members of the EU, compelling them to intervene in the national legal structures (“hard” Law) in order to transpose, to the respective structures, under mandatory character and established deadline, the general norms that consecrate certain common parameters regarding the subject.

scholarly journals SOCIO-ECONOMIC SECURITY OF THE STATE: THROUGH THE PRISM OF SUBJECTIVE EVIDENCE OF THE CRIMES COMMITTED IN THE SPHERE OF PUBLIC PROCUREMENT

2019 ◽  
Vol 2 (1) ◽  
pp. 100-112
Author(s):  
Владимир Юрьевич Дроздов ◽  
Надежда Борисовна Хлыстова
Keyword(s):  
Retrospective Analysis ◽  
Public Procurement ◽  
Economic Security ◽  
The State ◽  
Personal Interest ◽  
The Public ◽  
The Subject ◽  
Special Rules ◽  
Subjective Evidence ◽  
Subjective Side

The article is devoted to the description of subjective signs of crimes committed in the sphere of public procurement as socially dangerous acts that infringe on the socio-economic security of the state as a whole. The relevance of the study is noted, it is indicated that the public danger of crimes committed in the field of public procurement is associated with special features of the subject who committed the crime, the concept of which is inextricably intertwined with the concept of an official. A retrospective analysis of the concept of «official». The attention is focused on the fact that the establishment of authorized persons in the Commission of corruption crimes in procurement should be based on the fact that the crimes of this category can be committed only by persons performing their functions exclusively in the performance of their powers related to the procurement. There are arguments in favor of the fact that the subjective side of crimes in the sphere of state, municipal procurement and procurement by certain types of legal entities is characterized by guilt in the form of intent in relation to the criminal act itself, a selfish motive or other personal interest, while the attitude to the consequences does not affect the qualification. It is indicated that when committing a corruption crime in the field of public procurement, the act is a violation of the rules regulated by special rules for procurement at any stage. Conclusions are drawn on the structure of the analyzedcrimes.

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