The Legal Nature of our Unfair Competition Prevention Act - Focusing on the Relationship with the Monopoly Regulation and Fair Trade Act -

2021 ◽  
Vol 69 ◽  
pp. 397-450
Author(s):  
Jun-seok Park ◽  
2011 ◽  
Vol 23 (1) ◽  
pp. 293-308 ◽  
Author(s):  
Erica van Herpen ◽  
Erjen van Nierop ◽  
Laurens Sloot
Keyword(s):  

2016 ◽  
Vol 21 (1) ◽  
pp. 35-40
Author(s):  
Robbe Geysmans ◽  
Lesley Hustinx

Fair trade has been praised for ‘de-fetishizing’ commodities by providing consumers with information on the production of the commodity. Various empirical studies of fair trade marketing materials have generated critique of this vision. However, these focused on materials produced by engaged fair trade organizations. As the fair trade concept has entered the mainstream, fair trade products have found their way into supermarkets. In this setting, these products are confronted with competition, both internal (with other fair trade products) and external (with non-fair trade products). In this article, we argue for a broader focus when studying the relationship between fair trade and defetishization. Our argument is based on a study of whether and how defetishization is advanced on packages of ground coffee within the retail landscape of Flanders, Belgium. Several categories of packages can be distinguished, based on brand (e.g., fair trade advocate, regular brand, retailer house brand) and label (e.g. fair trade label; other social label; no label, but origin is emphasized in the product name). We demonstrate the difficulty of distinguishing these packages based on the visual and textual information they carry (beyond the label), which complicates the identification of any clearly distinct ‘fair trade message’ on these packages. Instead of serving a clear ‘defetishizing’ function, these messages are mixed, interchanged, and adapted. We argue that this could be a direct consequence of perceived or actual changes in the consumer publics inherent to the mainstreaming of fair trade.


2021 ◽  
Vol 66 ◽  
pp. 88-95
Author(s):  
О.О. Kryzhevska

The article is devoted to the study of notarial procedural legal relations in the system of other legal relations. The author aims to explore the range of relations that mediate notarial procedural legal relations, and to trace the relationship of these legal relations, their relationship with each other, in order to properly understand the legal nature of notarial procedural legal relations. According to the results of the research, when notaries perform notarial acts, a number of other than notarial procedural legal relations may arise, some of which look quite similar to notarial procedural legal relations and can sometimes be mistaken for the latter. It is concluded that notarial procedural legal relations cannot be understood as material and procedural at the same time. Notarial procedural legal relations are not complex (material and procedural) due to the fact that they seem to have in their content such a component as the notary's relationship with the client, which is directly related to the notarial act. There are no grounds to consider registration legal relations as notarial procedural. Registration legal relations are intertwined in notarial procedural ones, superimposed on each other. In fact, the same subjects take part in these legal relations as in the notarial process. However, despite this, we do not have two clear consecutive procedures (notarial procedural and registration), which follow one another, but two parallel procedures. The model provision on the procedure for providing state notaries of additional legal services that are not related to notarial acts, as well as technical services, approved by the order of the Ministry of Justice of Ukraine № 3/5 of 04.01.1998, does not correspond to the terminology of current legislation and must be brought into line with current legislation. Fiscal legal relations that arise when a notary performs a notarial act are not by their nature notarial procedural legal relations. These legal relations are independent, existing both along with notarial procedural and other notarial legal relations arising with the participation of a notary.


Webology ◽  
2021 ◽  
Vol 18 (Special Issue 04) ◽  
pp. 1160-1169
Author(s):  
Darya Mikhailovna Kapustina ◽  
Sergey Anatolyevich Makushkin ◽  
Elena Vladimirovna Danilova ◽  
Tamara Ivanovna Alexandrova ◽  
Yuriy Mikhailovich Lagusev ◽  
...  

Coronavirus pandemic and restrictive measures adopted by the authorities of many states have necessitated the massive transfer of employees of various organizations to remote forms of performing work duties. Such a transfer required a change in approaches to the organization of work and control over the performance of labor duties, which raised many questions and problematic points, both for employees and employers. The purpose of this study is to identify issues of an organizational and legal nature in the relationship between an employee and employer in connection with the forced massive transition to telework and the formation of proposals for resolving problematic aspects.


1989 ◽  
Vol 4 (0) ◽  
pp. 81-104
Author(s):  
Jong-Won Choi

Three dominant perspectives on the origin of regulation (the public mterest model, the capture model, and the politics model) and four models of governmental decision-making (the rational actor model, the organizational process model, the governmental politics model, and the garbage can model) are utilized in order to investigate the enactment process. This article argues that the failure to enact monpoly regulation and fair trade legislation during the 1960's and 1970's can be attributed mainly to the faithful implementation of economic development plans by the Park regime and to the public endorsement of those plans. The enactment of the MRFTA in 1980, however, is ascribed less to a problem-solving kind of activity within the Korean government and more to a temporal simultaneity of the political needs of the new milltary leadership and a few reform-minded career bureaucrats within the EPB.


2018 ◽  
Vol 18 (2) ◽  
pp. 244-274 ◽  
Author(s):  
Andrea Caligiuri

The aim of the study is to ascertain how the original Grotian formula ‘aut dedere aut punire’ has been implemented and evolved in international law. The first step is to classify the multilateral conventions that have accepted an aut dedere aut judicare clause. The goal is to bring out peculiarities of the different treaty texts, describing the relationship between the two options dedere and judicare, and the different obligations that arise for the contracting states. We will then examine the content of the two options, to define the legal boundaries within which the contracting states shall or may operate. At this point, we will focus on the legal nature of the aut dedere aut judicare principle that over time may have risen to the status of customary rule. The study will conclude with analysis of reactions to the breach of the aut dedere aut judicare clause by non-complying countries.


Author(s):  
Anna Zhuikova

Taking into consideration the legal nature of evidence, we analyze the main procedural features of evidence widely used by persons participating in the case when resolving civil cases related to the protection of intellectual rights, such as screenshots of materials posted on Internet sites, electronic messages. We define the general features that characterize the indicated sources of evidence in this category of disputes. We point out, in particular, the objective influence of the procedural rules governing the rules of jurisdiction over intellectual disputes, as well as the substantive rules of Part 4 of the Civil Code of the Russian Federation, on the features of the development and provide evidence for the protection of intellectual rights in court, sources of evidence. We describe the relationship between the concepts of electronic documents, written evidence, and evidence generated through the use of the Internet. When applying general scientific methods of comparative analysis (in relation to certain sources of evidence) and deduction (in relation to the analysis of special norms through the prism of general, basic, main procedural institutions that regulate relations in terms of the legal nature and characteristics of the evidence presentation in the category of cases under consideration), we form the main conclusions in terms of possible options for the development of these procedural institutions. We prove the necessity of the proposed changes for the purpose of the subsequent optimal functioning, action and application of the norms governing the evidence process in this category of cases, the concept of “electronic text evidence” is introduced.


Sign in / Sign up

Export Citation Format

Share Document