scholarly journals A Legal Problem on Overlaping Protection for New Plant Variety

법학논총 ◽  
2019 ◽  
Vol 44 (null) ◽  
pp. 315-334
Author(s):  
Sam-Hyun Chun
Keyword(s):  
2019 ◽  
Vol 3 ◽  
pp. 77-80
Author(s):  
Ye.F. Bobonych ◽  
◽  
A.L. Kovchi ◽  
O.M. Komorna ◽  
◽  
...  
Keyword(s):  

Author(s):  
Anggit Rahmat Fauzi ◽  
Ansari Ansari

The utilization of e-commerce media in the trading world brings impact to the international community in general and the people of Indonesia in particular. For Indonesian people, This is related to a very important legal problem. The importance of law in the field of e-commerce is mainly in protecting the parties who transact through the Internet. The purpose of this study is to know the legal review of the buying and selling agreements through electronic media as well as to know the legal protections for sellers and buyers if one of the parties commits a default. The research uses a normative juridical method of approach and the discussion is done in a descriptive analysis. The source and type of data used are primary data and secondary data. While the data collection techniques using literature studies, and the data obtained will be analyzed qualitatively. The agreement to buy and sell through electronic media is a new phenomenon that has been implemented in various countries and regulated in the Civil state nor law ITE. Legal protection for the parties in the sale and purchase agreements through electronic media is governed by the consumer protection ACT. Any breach must respond to any loss arising from his or her actions.


2015 ◽  
Vol 41 (2) ◽  
pp. 240 ◽  
Author(s):  
Chun-Lei MA ◽  
Ming-Zhe YAO ◽  
Xin-Chao WANG ◽  
Ji-Qiang JIN ◽  
Jian-Qiang MA ◽  
...  

Author(s):  
Robert B. Handfield ◽  
Anand Nair

Counterfeiting is a problem many companies do not want to acknowledge or talk about. However, ignoring the problem is likely to have the effect of encouraging counterfeiters to go unchecked. A multilayered strategy that adopts several approaches and engages the entire organization is needed to address the counterfeiting problem. This chapter provides a set of recommendations to address the issue of counterfeiting. Initially, the size of the problem must be estimated and the return on investment approximated. This can help define the need for a team of experts to work in this area, leading to a set of performance metrics that are aligned with business objectives and outcomes. Next, the key focal product segments should be targeted and a system for identifying products through product trademark registration with customs authorities should be completed. In the end, combating counterfeiting is not a supply chain problem, it is not a legal problem, nor is it a packaging and covert marking problem. It is a global problem—one that impacts all organizations, large and small. All business functions need to be part of the discussion, not just a single brand security function. Failure to approach counterfeiting in this manner will simply allow the problem to continue to grow.


Genes ◽  
2021 ◽  
Vol 12 (8) ◽  
pp. 1127
Author(s):  
Ju-Kyung Yu ◽  
Yong-Suk Chung

Breeders persistently supply farmers with the best varieties in order to exceed consumer demand through plant-breeding processes that are resource-intensive. In order to motivate continuous innovation in variety development, a system needs to provide incentives for plant breeders to develop superior varieties, for example, exclusive ownership to produce and market those varieties. The most common system is the acquisition of intellectual property protection through plant variety protection, also known as the breeder’s right. Most countries have adopted the system established by the International Union for the Protection of New Varieties of Plants (UPOV). To be granted plant variety protection, the variety should prove to be unique by meeting three requirements: distinctness, uniformity, and stability. This review summarizes (1) the plant variety protection via UPOV convention, (2) technical methods for distinctness, uniformity, and stability testing via phenotype, molecular markers, and sequencing as well as their challenges and potentiality, and (3) additional discussions in essentially derived variety, value for cultivation and use testing, and open source seed initiative.


1995 ◽  
Vol 21 (2-3) ◽  
pp. 241-258 ◽  
Author(s):  
Marc A. Rodwin

Owen Barfield, the British solicitor and literary scholar, reminds us that many legal concepts have their origin as metaphors and legal fictions. We often fail to see the nature of legal metaphors, Barfield argues, because over time they ossify and we read them literally rather than figuratively. Look closely at changes in law over time, Barfield advises us, to see how effectively metaphor works in law and language. Many legal categories and procedures we now use had their origin in using a metaphor that revealed a new way of looking at a problem or that helped solve a legal problem. Legal metaphors also help us to identify critical limits and strains in adapting to new facts and circumstances.George Annas has pointed out that our choice of metaphors for medicine can reframe our debates about health policy reform. And Analee and Thomas Beisecker remind us that patient-physician relations have been viewed through many metaphors. These include parent-child relations (paternalism); seller-purchaser transactions (consumerism); teacher-student learning (education); relations among partners or friends (partnership or friendship); or rational parties entering into negotiations or contracts (negotiation or rational contract).


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