scholarly journals Comparative legal analysis of protectability of olfactory trademarks

2020 ◽  
Vol 9 (27) ◽  
pp. 129-139
Author(s):  
Stanislav Odintsov ◽  
Marina Trubina ◽  
Mohammad Mansour
Keyword(s):  
Law Enforcement ◽  
General Trend ◽  
Legal Protection ◽  
Regulatory Framework ◽  
Legal Systems ◽  
Legal Analysis ◽  
Traditional Methods ◽  
Goods And Services ◽  
Legal Method ◽  
Comprehensive Study

In the current growing global commercial turnover of goods and services, there are increasing demands on the ways of their individualization. This applies both to traditional methods of individualization (corporate name, trademark, commercial designation, name of origin, etc.) and non-traditional (olfactory trademarks). The purpose of this study is to study and analyze doctrinal concepts, norms of the current legislation, and law enforcement practice concerning the protection of rights of olfactory trademarks. In order to achieve this objective, the study used a comparative legal method, which analyzed the legal and regulatory framework, as well as the grounds for refusing to register non-traditional trademarks in various legal systems and national jurisdictions. The task of the authors was to conduct a comprehensive study of legislative regulation and practice of legal protection of olfactory trademarks in various jurisdictions. The result of the research is the formulation of a general trend in different jurisdictions toward the legislation on registration of exclusive rights to non-traditional trademarks, which with the help of aromas (smells) allow individualizing the owners of goods produced by them and/or commercial services provided.

scholarly journals The series of trademarks: theory, legislation, law enforcement

2021 ◽  
pp. 45-53
Author(s):  
Nataliia Myronenko
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Legal Protection ◽  
Property Law ◽  
The European Union ◽  
Association Agreement ◽  
Intellectual Property Law ◽  
Goods And Services ◽  
European Court ◽  
Ip Law

Key words: trademark, series of signs, dominant element, originality, resolution The article, based on the analysis of the doctrine of intellectual property law,legislation of Ukraine, law enforcement practice, examines the state and prospects ofproviding legal protection of a series of trademarks. To overcome the existing gap inthe legislation of Ukraine, the need to amend the Law of Ukraine «On Protection ofRights to Marks for Goods and Services» is justified. It is proposed to define «a seriesof marks as a set of trademarks belonging to one owner of interdependent rights, interconnected by the presence of the same dominant verbal, figurative or combined element,having phonetic and semantic similarity, and may also bear minor graphic differencesthat do not change the essence of the trademarks. The lack of definition ofthe term «dominant element» in the legislation is emphasized. Based on the provisionsof the philosophy and doctrine of intellectual property law, the dominant elementmeans the smallest indivisible component of the trademark, which is originaland not descriptive. Based on this, its main features are distinguished: originalityand indivisibility.It is proved that the same position of the dominant element in the structure of allsigns is necessary to create a stable image of consumers in relation to a particularproduct and its manufacturer. Examples of court decisions on recognition or refusal toprovide legal protection to trademarks are given.In the context of reforming the legislation of Ukraine in terms of its approximation toEU legislation and the development of relevant case law, which must meet Europeanstandards, the expediency of using the legal positions of such a leading democratic courtas the European Court of Justice is justified. Attention is drawn to the fact that the decisionof the ECJ is not a source of law for resolving disputes of this category by the courtsof Ukraine. At the same time, they are a source of harmonious interpretation of the nationallegislation of Ukraine in accordance with the established standards of the legalsystem of the European Union. It is proved that this conclusion is consistent with thepurpose and objectives to be solved in the country in the process of implementing the provisionsof the Association Agreement in the legislation of Ukraine. Proposals are formulatedto improve the quality of legislation in the field of IP law.

scholarly journals COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION REGULATING THE ISSUES OF COUNTERING RELIGIOUS EXTREMISM

2021 ◽  
Vol 31 (1) ◽  
pp. 90-95
Author(s):  
V.E. Zvarygin ◽  
A.S. Kondakov
Keyword(s):  
Scientific Knowledge ◽  
Comprehensive Analysis ◽  
Regulatory Framework ◽  
Legal Analysis ◽  
Legal Method ◽  
Religious Extremism ◽  
Federal Laws

The article provides a comprehensive analysis of the norms of legislation regulating the issues of countering extremist manifestations motivated by religious hatred, enmity and intolerance using the comparative legal method of scientific knowledge; The main national and international normative legal acts, as well as the provisions of federal laws and by-laws of state authorities regulating the fight against religious extremism In addition, the activities of authorized structural divisions of executive authorities responsible for organizing work to counter religious extremism, including the regulatory framework governing the functioning of these units, were considered. Based on the results of the analysis, proposals were formulated for further improvement of the regulatory framework related to the issues of countering religious extremism.

scholarly journals Binding Tax Rate Information (WIS) as an expression of the principle of trust in public authorities and the principle of legal certainty

2021 ◽  
Vol 35 ◽  
pp. 119-135
Author(s):  
Zuzanna Raszczyk
Keyword(s):  
Tax Law ◽  
Legal Analysis ◽  
Legal Certainty ◽  
Public Authorities ◽  
Tax Rate ◽  
Main Research ◽  
Goods And Services ◽  
Legal Method ◽  
Binding Rate ◽  
Rate Information

Binding Rate Information (WIS) is a new tax law system institution, in force since 1st November 2019. It is a regulation introducing the possibility of obtaining a decision of the tax authority in the scope of taxing goods and services for the supply of goods, import of goods, intra-community acquisition of goods or provision of services. The issued decision is binding, and therefore provides protection for the taxpayer. In a way, this regulation is an expression of the principles of trust in public authorities and of legal certainty, which is extremely important in the field of tax law. The main research objectives of the article are the legal analysis of the new regulations regarding Binding Rate Information, and an attempt to show that the new WIS institution fully implements the principles of legal certainty and of trust in public authorities as expressed in art. 121 o.p. The author uses the dogmatic-legal method to analyze the legal texts as well as the views of doctrine and case-law.

scholarly journals Organization of the keeping of interned servicemen of the Czechoslovak Legion in the Suzdal camp of the NKVD of the USSR (1940–1941)

2021 ◽  
Vol 230 (7) ◽  
pp. 60-73
Author(s):  
DMITRY A. ERIN ◽  
◽  
DMITRY I. RUBTSOV ◽  
IVAN A. FILIMONOV ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Prisoners Of War ◽  
Main Task ◽  
Legal Analysis ◽  
War Department ◽  
Legal Method ◽  
Vladimir Region ◽  
Domestic Legislation ◽  
Method Analysis

The presented article, based on an analysis of yet unpublished documents contained in the archives of the Information Center of the MIA of Russia Administration for the Vladimir Region, reveals some aspects of organizing the keeping of interned servicemen of the Czechoslovak Legion in the Suzdal camp of the NKVD of the USSR in the period from the summer of 1940 to September 1941. The article explores legal relations related to the organization, legal confirmation and practice of keeping interned servicemen, as well as the norms of domestic legislation, law enforcement practice and archival data on the problem under study. The purpose of the study is to identify and characterize the main issues of organizing the keeping the category of foreign citizens under study in the Suzdal camp of the NKVD of the USSR during the above-indicated period. The methodological basis of the research was formed by the dialectical method, analysis, synthesis, induction, system-structural, formal-logical methods, as well as the method of historical-legal analysis and formal-legal method. As a result of the work carried out, the prerequisites for the formation of a specialized structural unit in the NKVD system of the USSR were analyzed, the main task of which was the keeping of prisoners of war and internees, the structure of management of the Suzdal camp was also described. The main normative legal acts establishing the procedure for keeping prisoners of war and internees in the camps of the NKVD of the USSR are defined and characterized. The article reveals issues of implementation of internal regulations and disciplinary practice in relation to interned servicemen of the Czechoslovak Legion, as well as some features of their involvement in labor. Conclusions were made about the special status of the Czechoslovak Legion, which was separated from the prisoners of war, and the internees were provided with different conditions and a relatively favorable regime was created, respectively, the organization of the stay in the Suzdal camp of the NKVD of the USSR for such a category of persons in specific historical conditions met the requirements of international law. Keywords: internees, the Czechoslovak Legion, the Department for Prisoners of War, Department for Prisoners of War and Internees of the NKVD of the USSR, the Suzdal camp of the NKVD of the USSR, the organization of the keeping.

scholarly journals Digital Platformization in the Context of Industry 4.0: The Uncertainty of the Conceptual Framework

Legal Concept ◽  
2021 ◽  
pp. 33-42
Author(s):  
Denis Appazov ◽  
Yulia Tymchuk
Keyword(s):  
Law Enforcement ◽  
Structural Changes ◽  
Regulatory Framework ◽  
Legal Doctrine ◽  
Digital Platforms ◽  
Scientific Methods ◽  
Foreign Experience ◽  
Legal Method ◽  
Logical Method ◽  
Definition Of

Introduction: the paper analyzes the prospects for creating a regulatory framework for the digital platforms in Russia. The paper examines the existing approaches to the definition of “digital platform” in the legislation and legal doctrine, determines their role in the implementation of the state policy on building a digital economy, as well as the factors that led to their accelerated implementation in public administration. A critical analysis of the actions planned in the National plan that ensure the restoration of employment and income of the population, economic growth and long-term structural changes in the economy associated with digital platformization is carried out. The paper reveals the existing problems in the domestic law enforcement practice related to the functioning of the digital platforms in the context of legal uncertainty. The paper examines the foreign experience of the legislative regulation of digital platforms. Methods: in the study, the authors used both the general scientific methods (dialectical method of cognition, analysis, synthesis, formal logical method, prognostic method, etc.) and the specific scientific methods (formal legal method, method of legal interpretation, etc.). Results: the need to create a regulatory framework for the digital platforms in order to eliminate the identified problems of the law enforcement practice is justified. Conclusions: based on the results of the study and taking into account the analysis of the positive foreign experience, the authors’ definition of the concept of digital (online) platform is formulated, and the main directions for improving the domestic legislation regulating the activities of the digital platforms in Russia are determined.

Die Durchsetzung von Verbraucherrechten

2020 ◽  
Author(s):  
Maurice Nürnberg
Keyword(s):  
Law Enforcement ◽  
The Netherlands ◽  
Legal System ◽  
Legal Protection ◽  
Legal Analysis ◽  
Consumer Law ◽  
Consumer Rights ◽  
Alternative Approach

The enforcement of consumer rights is regarded as deficient. Germany, France and the Netherlands have traditionally taken different approaches to ensuring that consumer law is enforced effectively. European provisions have also increasingly impacted national enforcement structures. The thesis presents the different forms of consumer law enforcement in Germany, France and the Netherlands. Individual, collective and administrative legal protection instruments and their significance in the legal system will be examined in detail. On the basis of a comparative legal analysis, an alternative approach to improving the enforcement of consumer rights will be presented.

scholarly journals CRIMINAL LEGAL PROBLEMS OF BRINGING TO RESPONSIBILITY FOR CORRUPTION-RELATED CRIMES ON THE EXAMPLE OF COMMERCIAL BRIBERY

2021 ◽  
Vol 31 (4) ◽  
pp. 647-653
Author(s):  
V.E. Zvarygin ◽  
A.S. Kondakov
Keyword(s):  
Law Enforcement ◽  
Criminal Responsibility ◽  
Comprehensive Analysis ◽  
Small Scale ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Legal Method ◽  
Commercial Bribery ◽  
Federal Laws

The article provides a complete and comprehensive analysis of the norms of legislation regulating the issues of combating corruption crimes on the example of commercial bribery. Using the comparative legal method of scientific knowledge, the main national normative legal acts regulating the fight against corruption are analyzed. The provisions of federal laws and by-laws of state authorities regulating the issues raised are also analyzed. In addition, the analysis of the law enforcement practice of law enforcement agencies and courts responsible for the organization of work on the identification, prevention and suppression of corruption crimes, as well as carrying out criminal prosecution for their commission, is carried out. The article also reveals law enforcement and other problems of bringing to criminal responsibility for commercial bribery, mediation in commercial bribery and small-scale commercial bribery, a criminal-legal analysis of these types of crimes by their elements is carried out. Based on the results of the analysis, proposals are formulated aimed at further improving the regulatory framework concerning the issues of countering corruption crimes.

The role of standardization as a key Tool of Quality Economics in the development of integration of the Eurasian Economic Union

2019 ◽  
pp. 14-19
Author(s):  
V. V. Okrepilov ◽  
A. G. Gridasov
Keyword(s):  
Economic Integration ◽  
Legal Framework ◽  
Regulatory Framework ◽  
International Standards ◽  
Member States ◽  
Scientific Methods ◽  
Goods And Services ◽  
Eurasian Economic Union ◽  
Economic Union

The presented study examines the experience of forming a regulatory framework for the integration of the Eurasian Economic Union (EAEU) member states through the example of standardization as one of the key tools of quality economics.Aim. The study analyzes the major solutions of the EAEU authorities and member countries aimed at increasing the role of standardization in the economic integration of the Union over five years of its existence.Tasks. The authors identify efficient methods for developing standardization for the integration of the EAEU states as well as the most problematic aspects in this field that need to be taken into account in the qualitative strengthening of the Union’s economy.Methods. This study uses general scientific methods of cognition to examine the activities of the EAEU authorities and member states aimed at creating a system for the economic integration of the Union during a period of its transition from separate national markets towards a single (common) market.Results. Over five years of operation in the field of stadardization, the Eurasian Economic Union has created the necessary organizational and legal framework to ensure the successful development of integration processes. The national legislation on standardization has been modernized with allowance for the harmonization of these laws. In the next five-six years, the development of international standards for 40 technical regulations is expected to be completed, which would create a regulatory framework for unhindered interaction between all participants of the single (common) EAEU market. Conclusions. The analysis of activities in the field of standardization reveals a sufficiently thought-out and coordinated policy of the EAEU states in creating the necessary conditions for overcoming legal and administrative barriers in the movement of goods and services within the common economic space of the EAEU.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

Dynamics of the regulatory function of Ukrainian lawin the context of European and international legal harmonization

2021 ◽  
pp. 49-56
Author(s):  
Roman Zvarych ◽  
Bohdan Hryvnak
Keyword(s):  
International Law ◽  
European Integration ◽  
Practical Significance ◽  
Regulatory Function ◽  
Scientific Article ◽  
Legal Systems ◽  
Legal Analysis ◽  
Council Of Europe ◽  
European Union Law ◽  
Legal Harmonization

Purpose. The purpose of the work is a comprehensive theoretical and legal analysis of the main problems of the dynamics of the regulatory function of Ukrainian law in the context of European integration and international legal harmonization. Method. The following theoretical methods of scientific knowledge were used in the study: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. The scientific article highlights the process of transformation of the regulatory function of modern Ukrainian law in the context of its approximation to EU and international law. In the course of the research it was proved that in the issues of the European integration course the leading role belongs to the principles of realization of the regulatory function and regulatory influence. In particular, the implementation of the principle of the primacy of international law is for Ukraine a political and legal guarantee of stable relations with Europe and the world, as well as a legal means of protecting its legitimate interests. On the basis of the main principle of priority of norms of international law, such derivative principles of interaction of legal systems of the Council of Europe and Ukraine as: a) the principle of the rule of law should be developed; b) the principle of interconnectedness and complementarity of the law of the Council of Europe and Ukraine; c) the principles of cooperation, good faith fulfillment of obligations to the Council of Europe and the principle of mutual protection of human rights. Scientific novelty. The study found that the regulatory function of law, despite the narrowing of its scope at the domestic level and within national legal systems, has expanded its scope at the international and European levels, and especially at the level of European Union law. In this case, in the latter case, it interacts most closely with the integrative function. Practical significance. The results of the research can be useful for further general theoretical and applied research of the dynamics of the regulatory function of Ukrainian law in the context of European and international legal harmonization.

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