scholarly journals Protection of Geographical Indications in Vietnam: towards Raising the Participation of Producers

2021 ◽  
Vol 4 (2) ◽  
pp. 1087-1099
Author(s):  
Nguyen Thi Minh Hanh ◽  
Trinh Thi Ngoc Anh ◽  
Le Thi Yen ◽  
Vu Van Tuan ◽  
Nguyen Thanh Hai

This paper aims to review the current situation of the Vietnamese geographical indication (GI) system from both the legal and practical perspectives. It examines how the top-down approach influences the effectiveness and sustainability of the whole system. Further, the paper refers to the European Union (EU)’s experiences, particularly those of France - a representative of the bottom-up approach - to examine whether a shift to the producer-driven approach in GIs is workable in Vietnam. The paper argues that more active roles should be vested on producers represented by their associations during the course of establishment and management of GIs. Taking into account the capacity of producers and their associations in this current stage, the paper suggests a transition period before the producers assume the leading role in the whole system. During that period, it is recommended to endorse the producers’ role through legal recognition of the producers’ representative organizations, capacity building, and awareness-raising for producers and their associations to achieve desirable outcomes for GI development.

Author(s):  
N. Badora

The criterion of confusing similarity between the trademark and geographical indication as ground for refusal of registration of the mark in accordance with the legislation of Ukraine and the European Union has been studied. The degree of implementation of the norms of legislative acts in the field of trademark protection and protection of geographical indications in the Ukrainian legislation in the framework of cooperation of Ukraine with the European Union has been determined. The conclusions about the peculiarities of legal structures, similarities and differences between Ukrainian and European legislation in the context of defining the criterion of confusing similarity as ground for refusal of registration of a trademark have been made. The directions of a possible further study of the problematic of the article, taking into account the Ukrainian and European normative acts, aimed at protection of both trademarks and geographical indications as means of individualization, have been determined.


2021 ◽  
Vol 16 (4) ◽  
pp. 223-236
Author(s):  
Áron Török ◽  
Annaróza Koleticsné Lükő ◽  
Péter Gál

Az Európai Unió eredetvédelmi szabályozása lehetővé teszi egyes mezőgazdasági termékek és élelmiszerek előállítási hely szerinti megkülönböztetését, ha azok minősége nagymértékben az adott helyszínhez kötődik. Európában számos ilyen élelmiszer elnevezése élvez nemzetközi védelmet, Magyarországról jelenleg mindösszesen tizennégy. Azonban számuk a közeljövőben várhatóan jelentősen emelkedni fog, köztük két cseresznyével. A nagykörűi és szomolyai cseresznyetermelők helyzetét és az eredetvédelmi rendszerhez való csatlakozásuk várható hatásait vizsgálva megállapítható, hogy a földrajzi árujelzők hozzájárulhatnak ahhoz, hogy a gyümölcsöt nagyobb mennyiségben, magasabb áron lehessen értékesíteni, s a folyamat során létrejövő hasznok elsősorban az előállítás helyszínén realizálódjanak. Mindezek eléréséhez ugyanakkor az eredetvédelemben rejlő lehetőségek maximális kihasználása, továbbá széleskörű összefogás és egységes fellépés szükséges a földrajzi árujelzők érintettjei részéről. The geographical indication system of the European Union allows to differentiate agricultural and food products based on their origin, in case their quality is highly linked to the place of production. In Europe many such products with protected denominations benefit from the international production, from Hungary currently only fourteen products are protected, however their number is about to significantly rise in the near future, including two cherry producing sites. Based on the status and the expectations of the cherry producers in Nagykörű and Szomolya it is visible that geographical indications can contribute to sell these fruits in higher quantity for a higher price while the main beneficiaries would be local actors. However, in order to meet these expectations, all the potential advantages embedded in geographical indications have to be taken, and a wide cooperation and coordinated actions on behalf of the stakeholders is required.


2018 ◽  
pp. 10-37
Author(s):  
Barbara Curyło

In the discussion on the future of the EU, the topic of differentiated integration has become a strategic issue, with different variants beginning to appear as modus operandi of the European Union, which has become a subject of controversy among Member States. Significantly, the debate on differentiated integration began to be accompanied by reflections on disintegration. This article attempts to define disintegration on the assumption that it should be defined through the prism of integration, and that such a defining process can not be limited to concluding a one-way contrast between disintegration versus integration and vice versa. This is due to the assumption that the European Union is a dichotomous construct in which integration and disintegration mutually exclude and complement each other. This dichotomy is most evident in the definition of integration and disintegration through the prism of Europeanisation top-down and bottom-up processes that generate, reveal, visualize, stimulate integration mechanisms what allows to diagnose their determinants.


2018 ◽  
pp. 61-67
Author(s):  
Anna Taranenko

Foreign policy as one of the key areas for the functioning of sovereign states is designed to protect their national interests and promote maintenance of the welfare of the population. For Ukraine, such vectors of foreign policy as European, Euro-Atlantic, Eurasian, Middle Eastern, and Asian are traditionally important. One of the main vectors of Ukraine's foreign policy at the current stage is integration into the European Union. At the same time, an extremely important task for Ukrainian diplomacy is countering Russian aggression, protection of the population in the East of the state and in the Crimea and the soonest possible resolution of the conflict in the Donbas region. Consequently, this topic is of considerable interest, and it is worth examining in detail the current state of Ukraine's foreign policy, in particular, in view of the current challenges of global and regional security. Analysis of foreign and Ukrainian sources on this topic indicates the interest of researchers in matters of foreign policy of Ukraine, as well as international conflicts and their settlement. The purpose of this article is to study the current state of Ukraine's foreign policy in the context of the current challenges of global and regional security. Based on the analysis, it was determined that at the current stage there is sufficient potential for further development of Ukraine's foreign policy, in particular in view of the current challenges of global and regional security. On the basis of the analysis, one can arrive at conclusions that among the successes of Ukraine's foreign policy in recent years one can mention withstanding Russian aggression, introduction of a visa-free regime with the European Union, further deepening of cooperation within the framework of the EU-Ukraine Association Agreement and deepening of Euro-Atlantic integration. At the same time, it is necessary to strengthen the effective use of the foreign policy resource to efficiently respond to the challenges of global and regional security. There are further prospects for research related to the effective resolution of international conflicts at the current stage.


Author(s):  
Kristina Salibová

My contribution deals with the issue concerning the question arising on the applicable law in and after the transition period set in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. The aim of this contribution is to analyze how the English and European laws simultaneously influence one another. This analyzation will lead to the prognosis of the impact Brexit will have on the applicable English law before English courts and the courts of the states of the European Union. The main key question is the role of lex fori in English law. Will English law tend to return to common law rules post-Brexit, and prefer the lex fori?


2020 ◽  
Vol 556 (7) ◽  
pp. 12-17
Author(s):  
Paweł Kaleta

Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union (Brexit) has definitely been bringing various consequences in the field of social security. It is therefore worthwhile to analyse it from the point of view of the social rights of Poles residing in the United Kingdom (as well as, in a comparative and auxiliary manner, of the British residing in Poland), following the formal conclusion of the withdrawal. The article therefore synthetically presents this current, post-Brexit situation, taking into account the ongoing transition period as well as the perspective of negotiations on the possible agreement(s) on future EU-UK relations. Notably, the rights in question have been preserved in the transition period, but their status afterwards remains open.


2014 ◽  
Vol 45 (S1) ◽  
pp. 1-12 ◽  
Author(s):  
Zakaria Sorgho ◽  
Bruno Larue

2017 ◽  
Vol 4 (2) ◽  
pp. 71
Author(s):  
Tadeusz Sangowski

State’s Supervision over the Insurance Activity in Poland and the European UnionSummaryThe paper tries to answer a question on the status of the adaptation process regarding the state’s supervision over the insurance activity in poland in comparison w ith the solutions applied in this respect on the uniform European insurance market. The comparative analysis shows that Polish solutions in principle do not differ from those applied in the European Union. In Poland, the same as in the European Union, a regulation based on a primary rule of a financial supervision as a type of the hitherto material supervision has been chosen.Further, the Polish system of supervision may be characterised by the following:1. Consolidation o f the management of the insurance supervision system with the supervision over the pensions system, performed by one body - The Com m ittee of the Insurance Supervision and the Occupational Pensions Funds (Komisja Nadzoru Ubezpieczeniowego i Funduszy Emerytalnych);2. The supervision covers the activity of insurance agencies and the employees’ pensions programmes;3. In the transition period more severe conditions have been applied with regard to the personal issues, creation o f the insurance products and costs of the insurance protection.


2021 ◽  
Vol 102 (2) ◽  
pp. 5-16
Author(s):  
Lyudmila Babynina ◽  

The United Kingdom left the European Union on January 31, 2020. On December 31, 2020, the transition period ended, during which all EU rules and regulations applied to Britain. The trade agreement was reached in record time, but it is too early to talk about long-term mutual benefits. The British case in the system of trade and economic agreements of the European Union is unique. On the one hand, at the time of the negotiations, the UK retained EU law, was a member of the EU Single Internal Market and Customs Union, subject to the jurisdiction of the EU Court of Justice. On the other hand, the EU for the first time found itself in a situation when a third country was determined to distance itself as much as possible from EU rules while concluding a trade agreement, despite the obvious economic losses. At the same time, both sides understood that the absence of an agreement threatened all interested actors with serious losses, and that it must be concluded. As a result, the compromise text of the TCA reflects the fundamentally different approaches of the parties to bilateral cooperation, and its provisions suggest a change of its format in the future.


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