Arbitration in Patent Disputes

2020 ◽  
pp. 76-102
Author(s):  
Shaharyar Asaf Khan ◽  
Ashita Alag
Keyword(s):  
International Trade ◽  
Business Entities ◽  
Commercial Disputes

The commercial disputes between business entities to boost international trade and technology will increasingly involve an aspect of patents. Among various modes of ADR, the arbitration is preferred more over litigation. Still, various arguments have been presented both in favor and against arbitration in patent disputes. Thus, this chapter deals with the scope of patent disputes that can be referred to arbitration, which needs to be analyzed and defined, keeping in mind the consequent advantages of arbitration in case of patent disputes over traditional litigation. Additionally, there are various procedural aspects related to arbitration that might be specifically relevant to an arbitration involving patents and may require special attention by parties involved in such arbitration have also been made subject and discussed in detail.

scholarly journals Principles of performing foreign economic transactions and contracts

2021 ◽  
Vol 2 (99) ◽  
pp. 204-210
Author(s):  
S. Iu. Sokoliuk ◽  
◽  
O. V. Zharun ◽  
O. S. Tupchii
Keyword(s):  
International Trade ◽  
Foreign Trade ◽  
Economic Activity ◽  
Legal Regulation ◽  
Economic Security ◽  
Legal Form ◽  
Normative Documents ◽  
Trade Law ◽  
International Trade Law ◽  
Business Entities

In the context of complex political and socio-economic processes, that are characterized by the stratification of the property status of various segments of the population, by the growth of customs offenses, by the aggravation of the influence of destabilizing trends on the economic security of the state, the issue of creating an effective state system of customs and legal regulation of foreign economic activity of business entities becomes relevant. The variety of nomenclature of goods transported across the customs border, and the peculiarities of foreign economic operations determines the implementation of customs and legal regulation by a large number of state authorities, each of which, within the limits of their competence, is entitled to issue normative documents in the field of foreign economic activity and provide permits for foreign trade operations. The fulfillment of a foreign trade obligation is subject to both the terms of the agreement and the provisions of the normative sources of international trade law, and the customs of commercial turnover. Among the customs produced by many years of experience in international trade, the customs are distinguished, which have become general provisions, which in the civil doctrine are called the principles of fulfilling obligations. When drawing up an agreement, it is important to establish which state law will govern relations under a specific agreement, since there are significant differences in resolving the same issues in the law of different countries. The foreign trade sale and purchase agreement is the most common legal form of foreign economic agreement, which mediates the relationship between Ukrainian and foreign entrepreneurs. Its development in accordance with the principles of implementation, the development of conditions and obligations of the parties, the implementation requires special knowledge and skills, taking into account the specific features of the external market.

13 Paris

2014 ◽  
Author(s):  
Malinvaud Carole ◽  
Camboulive Christian
Keyword(s):  
International Trade ◽  
United Nations ◽  
Time Limit ◽  
International Arbitration ◽  
Trade Law ◽  
International Trade Law ◽  
Model Law ◽  
The Right ◽  
Commercial Disputes

This chapter evaluates the merits of Paris as a venue for international arbitration proceedings. It discusses the history and development of arbitration in France; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that the new French arbitration regime, resulting from the January 13, 2011 reform, continues to distinguish French arbitration law from the United Nations Commission on International Trade Law (UNCITRAL) Model Law. This new regime confirms the longstanding supportive approach of France towards arbitration, as an appropriate and adapted mean to resolve international commercial disputes in particular. Yet on certain issues, such as the possibility of waiving the right to challenge awards or the computation of the time limit to introduce such challenges, the innovative provisions of the new French regime have yet to be tested in the courts.

scholarly journals FEATURES OF PARTICIPATION OF RUSSIAN BUSINESS ENTITIES IN THE INTERNATIONAL TRADE OF SERVICES

Globus ◽  
2021 ◽  
Vol 7 (1(58)) ◽  
pp. 29-31
Author(s):  
O.K. Lugovskaya ◽  
R.S. Streletsky
Keyword(s):  
International Trade ◽  
Service Sector ◽  
World Market ◽  
Trade In Services ◽  
The World ◽  
Trade Of Services ◽  
Business Entities

The article reveals the features of the presence of Russian business entities in the world market of services. The reasons for the complexity of statistical accounting of the service sector in international trade are grounded. It also considers promising areas of Russia’s participation in international trade in services and ways to increase the competitive stability of national companies.

scholarly journals ЕКОНОМІЧНА РЕТРОСПЕКТИВА РОЗВИТКУ ТЕОРІЇ ВЕРТИКАЛЬНОЇ СПЕЦІАЛІЗАЦІЇ

2021 ◽  
pp. 15-23
Author(s):  
Алішер Файзійович Расулев
Keyword(s):  
International Trade ◽  
Comparison Method ◽  
Practical Significance ◽  
Trade Barriers ◽  
Vertical Specialization ◽  
Methodological Basis ◽  
Trade Model ◽  
Vertical Trade ◽  
Business Entities ◽  
Axiomatic Approaches

We explore the development of vertical specialization theory which is trade in goods across multiple stages of production on the relationship between trade and business cycle synchronization across countries. We study various papers about international trade model in which explores the degree of vertical specialization varying with trade barriers. We examine how and why these vertical specialization models created by economists and compare differences of those models. Since VS one of the most important changes involves the increasing interconnectedness of production processes in a vertical trading chain that stretches across many countries, with each country specializing in particular stages of a good’s production sequence. The purpose of the article is to form a theoretical and methodological basis for an economic retrospective of the development of the theory of vertical specialization. The subject of the research is theoretical and methodological aspects of the economic retrospective of the development of the theory of vertical specialization. Methods used in the study: historical method, methods of verification of theoretical positions (morphological analysis of the content and relationship of categories, principles and laws, assessment of the correspondence of historical facts to theoretical hypotheses), methods of analysis and synthesis, induction and deduction, logical method (hypothetical and axiomatic approaches), comparison method. Research hypothesis. In the context of global challenges, it is necessary to change the nature of interaction, for which it is necessary to form a theoretical and methodological basis for an economic retrospective of the development of the theory of vertical specialization. Presentation of the main material. Vertical specialization occurs when a country uses imported intermediate parts to produce goods that it later exports. This definition reflects the idea that countries are consistently linked to each other to produce the final good. The fulfillment of the conditions is justified: the product must be produced in several successive stages, two or more countries must specialize in the production of some, but not all, stages, and at least one stage must cross the international border more than once. It is emphasized that vertical specialization occurs when a country uses imported intermediate parts to produce goods that it later exports. Originality and practical significance of the research. The study of the economic retrospective of the development of the theory of vertical specialization includes four interrelated blocks – the theoretical and exploratory basis of interaction, the substantive (paradigmatic and methodological), applied and managerial basis of the interaction of business entities, which will allow comprehensively cover possible aspects of interaction. Conclusions of the study. The article examines the theoretical and methodological basis of vertical trade also connects the growth of international trade with an increase in international production. The forces that have driven increased vertical trade – lowering trade barriers and improving transport and communication technologies – are likely to persist. Thus, we can conclude that the value of VS and vertical trade in world trade will grow from year to year.

scholarly journals Strategy for Balancing Interests of Business, Government and Society in the Field of International Trade in the Digital Economy

TEM Journal ◽  
2021 ◽  
pp. 1572-1580
Author(s):  
Ihor Nestoryshen ◽  
Yevhenii Rudnichenko ◽  
Serhii Shevchuk ◽  
Liudmyla Oliynyk ◽  
Nataliia Havlovska ◽  
...  
Keyword(s):  
International Trade ◽  
Digital Economy ◽  
Game Model ◽  
Business And Society ◽  
State Institutions ◽  
Balance Of Interests ◽  
Pure Strategies ◽  
Business Entities ◽  
Positive Results ◽  
A Current

Global control of business by a state causes a conflict of interests and additional barriers to the development of international trade, which necessitates the formation of an appropriate strategy for balanced relations between business and society in the digital economy. Taking into account the main provisions of the agency theory, the choice of an effective strategy for interaction between state institutions and FEA participants requires the adoption of an effective toolkit for estimating such interaction. Using the main provisions of game theory, the study developed a corresponding game model, which includes three participants: state, economic operators, society. Based on the modelling of relevant processes, it was concluded that a state has 80 pure strategies, economic operators have 20 pure strategies, and society has 5 pure strategies, while results of a current game make it possible to determine the most advantageous situation of interaction for a state and economic operators.Thus, from the standpoint of regulating international trade, the issues of forming a balance of interests of all participants in this process allow to obtain positive results not only for specific business entities, but also for society as a whole.

scholarly journals Concentrations of economic entities in the law of the European Union and their connection with the agricultural sector

2020 ◽  
Vol 67 (4) ◽  
pp. 1233-1248
Author(s):  
Boro Krstić
Keyword(s):  
European Union ◽  
International Trade ◽  
Content Analysis ◽  
World Economy ◽  
Agricultural Sector ◽  
Global Market ◽  
The European Union ◽  
The World ◽  
Previous State ◽  
Business Entities

Purpose the paper should confirm that concentrations of economic entities, which perform agricultural or other activities, in addition to distorting competition, are frequent cases of competition protection on the European Union market. Methodology the paper uses dogmatic and normative method that highlights existing legal solutions and indicate the directions of de lege ferenda solutions and method of content analysis. Results Concentrations of business entities are playing an increasing role in the world economy and law. The process of globalization of international trade and increasing competition among businessmen, especially in the countries of the European Union, have contributed to this. Conclusions Concentrations of business entities are important in creating market monopolies and they represent means of protecting the global market. Recommendations an important aspect of the concentration is its compatibility with the global market, otherwise, the application of temporary measures is recommended in order to restore the previous state.

scholarly journals ANALYSIS OF UKRAINE’S INTERNATIONAL TRADE IN THE EUROPEAN UNION

2019 ◽  
Keyword(s):  
European Union ◽  
International Trade ◽  
Foreign Trade ◽  
Free Trade ◽  
Free Trade Area ◽  
Trade Agreement ◽  
The European Union ◽  
Association Agreement ◽  
Business Entities ◽  
The Eu

Ukraine's foreign trade is one of the most important means of increasing the state budget, and the European Union is the strongest global economic organization, the largest and best regional market in the world. Therefore, the study of the problems of economic cooperation between Ukraine and the EU in the context of wide and favorable access of domestic enterprises products to the EU markets is becoming increasingly important for achieving a strategic goal. This goal concludes the development of Ukraine`s economy and achievement of a rightful place in the international differentiation of labor. The article considered the socio-economic nature, role and importance of international trade; main problems and prospects of Ukraine's trade with the EU as well as its dynamics and structure, various methods which are applied to analyze the current state of foreign trade of Ukraine with the EU. In our work we analyzed the obstacles of trading between Ukraine and the EU, ways to overcome them and benefits of this trade. The application of the Free Trade Area between Ukraine and the EU contributes to the gradual expansion of Ukrainian export access to European markets under the Association Agreement. The execution of this agreement for Ukrainian business entities simplified the entry to the protected domestic market of EU Member States and gave the opportunity to realize its own competitive benefits in purchase quality and price. Under this Free Trade Agreement Ukraine assumed not only opportunities but also certain obligations on improvement of quality standards and product safety, implementation of reforms in the area of technical regulation, development of quality assurance system and safety food industry. The simplification of goods access to other markets is indirect benefit for Ukrainian manufactures. The entry to the EU markets with high level standards automatically indicates goods quality.

Transforming global value chains amidst the COVID-19 crisis

2021 ◽  
pp. 176-189
Author(s):  
Natalya Jurievna Rodigina ◽  
Ofeliia Andranikovna Azarova ◽  
Maria Vladimirovna Logina ◽  
Vladislav Igorevich Musikhin
Keyword(s):  
International Trade ◽  
Supply Chains ◽  
Political Institutions ◽  
Emerging Market ◽  
Continuous Production ◽  
Global Value Chains ◽  
Value Chains ◽  
Global Supply Chains ◽  
The Creation ◽  
Business Entities

The reasons for the decline in the importance of global supply chains for international trade relations may be the creation of the new, politically motivated barriers to international trade and an attempt to replace foreign-made goods with domestic counterparts. Therefore, the issue of reducing global supply chains has been discussed by many experts in recent years. However, despite the decline in their importance, global supply chains are often becoming the subject of various scientifi c research. During the crisis caused by the spread of the coronavirus infection, global value chains are criticized again for the fact that they are not functioning any longer, which, by the way, corresponds to the progressive fi nancial crisis. Amidst this background, greater “reintegration” of production processes into the company’s own network, less emphasis on the just-in-time production and expansion of warehouse capacity become priority measures aimed at ensuring continuous production of products. Of particular importance is the question of the feasibility of returning production facilities to the country of the headquarters in the light of the accelerated and eff ectively implemented robotization of production. All this poses a signifi cant threat to the sustainable economic growth of many developing countries and emerging market economies that depend on the cheap production and export of semi-fi nished products, components and the products of the intermediate use. A coordinated political response, such as that off ered by the United Nations and other multilateral political institutions and organizations, is perhaps the most promising way out of the impending economic recession. Diff erent industries will probably need diff erent time spans to return to the normal functioning. The question if globalization remains as a trend of the development of the international economic relations in the near future, will assess the viability of the concept of the international division of labour, will lead to the transformation of the global value chains, and create incentives for states and business entities for the creation of more stable structures during the forthcoming decade.

scholarly journals THE IMPACT OF THE COVID-19 PANDEMIC ON GLOBALIZATION PROCESSES IN THE WORLD ECONOMY

2021 ◽  
Author(s):  
Tetyana Yasinska ◽  
Marta Naychuk-Khrushch
Keyword(s):  
International Trade ◽  
Multinational Corporations ◽  
Global Economy ◽  
World Economy ◽  
High Efficiency ◽  
Driving Forces ◽  
Important Indicator ◽  
The World ◽  
Business Entities ◽  
The Impact

In recent decades, the world economy has been actively moving towards an integrated global economic system, characterized by the reduction of barriers to international trade and investment, "reduction" of distances through the development of modern means of transportation and communication, smoothing cultural differences. This process, called globalization, has become an integral feature of the world economy in recent decades. However, in 2020, the globalization process was affected by quarantine restrictions caused by the Covid-19 pandemic. The study of the features and consequences of such influence is especially relevant given that globalization processes form the environment for the functioning of the subjects of international economic relations. The article analyzes the features and consequences of the COVID-19 pandemic on globalization processes in the world economy. The essence of globalization and its key features, opportunities and threats of the globalization process for international business entities are revealed, the driving forces of globalization are revealed. The impact of the coronavirus pandemic on the dynamics of international trade and world gross domestic product is analyzed. The forecast values of these indicators for 2021-2022, presented by the World Trade Organization, are revealed. The key aspects of the policy of governments in a pandemic are highlighted. The impact of quarantine restrictions on transport and migration worldwide has been demonstrated. The state and prospects of world investments after the pandemic are assessed. Of particular note is the fact that the vast majority of international companies, despite the severe consequences of the pandemic for their activities, have not begun to break their international ties with contractors and focus on domestic production. The production chains of multinational corporations, built over the years to ensure high efficiency, did not break down due to the temporary difficulties associated with the pandemic. This is an important indicator that allows us to say that there are no significant prerequisites for expecting active deglobalization processes in the world. In view of the research, the conclusions on the slowdown of the global economy under the influence of the pandemic and the absence of signs of active deglobalization are formulated and substantiated.

scholarly journals EFFECTIVE SYSTEM OF COMMERCIAL DISPUTES RESOLUTION AS A PREREQUISITE OF ECONOMIC PROGRESS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 180-187
Author(s):  
Nataliia Anatoliivna Mazaraki
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Dispute Settlement ◽  
The State ◽  
Alternative Methods ◽  
Resolution System ◽  
Effective System ◽  
Business Entities ◽  
Dispute Settlement System ◽  
Commercial Disputes

Urgency of the research. The current state of the jus-tice system in Ukraine does not provide a quick and justified resolution of disputes that is particularly acute for business circles. Given the lack of qualitative changes in the area of justice in the course of ongoing reform of the judiciary and procedural legislation, the preservation of a critically low level of trust in the judiciary, the state should offer the soci-ery a new social contract on the procedure for resolving legal disputes in the state, which must necessarily include the institutionalization of alternative methods of resolution disputes, first of all, mediation. Target setting. 
The introduction of alternative meth-ods of dispute resolution should be based on an argumen-tated conceptual model that will ensure an effective and fair solution to legal disputes. Actual scientific researches and issues analysis.
The scientific works of leading foreign and domestic re-searchers Yu. Prytyka, V. Reznikovf, Y. Demchenko, G. Braun, A. Marriot, R. Reuben are devoted to separate as-pects of the settlement of commercial disputes and the for-mation of a system of alternative dispute resolution. Uninvestigated parts of general matters 
defining. 
At present, there is no national concept for resolving commercial disputes, the place of alternative dispute resolu-tion, in particular mediation, in the legal system of Ukraine has not been formulated. The research objective. 
There is a need to formu-late a new concept of a dispute resolution system that would ensure that citizens and legal entities have a real choice of an effective and fair dispute resolution procedure. The statement of basic materials.
The formation of the Ukrainian concept of the dispute settlement system must necessarily take into account the national socio-cultural and legal features. The necessity of institutionaliza-tion of mediation is proved by the adoption of the relevant law and the use of mediation procedures by public authori-ties in state-investor disputes and disputes with business entities. Conclusions.
The introduction of alternative methods of resolving disputes in the legal system of Ukraine should ensure an effective and justified settlement of disputes and, as a consequence, create the preconditions for economic growth.

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