scholarly journals On the balance of interests of right holders to official results of intellectual activity

2021 ◽  
Author(s):  
Vlada V. Kasulina ◽  
◽  
Ilya Yu. Martynenko
Keyword(s):  
Third Parties ◽  
Minimum Amount ◽  
Legal Regime ◽  
Intellectual Activity ◽  
Balance Of Interests ◽  
The Creation

This article discusses the main features of the legal regime of service results of intellectual activity. The authors come to the conclusion that it is necessary to legislate the minimum amount of remuneration for the creation of official results of intellectual activity. The obligation of the author is to notify the employer (customer) in writing about the creation of the official result of intellectual activity and the obligation of the employer is to notify the author in writing about the use of the official result of intellectual activity, or the transfer of exclusive rights on it to third parties.

scholarly journals La justicia penal militar colombiana y los principios procesales constitucionales de independencia e imparcialidad, después de la separación de la función de jurisdicción con la función de comando

Justicia ◽  
2014 ◽  
Vol 19 (26) ◽  
Author(s):  
Consuelo Amparo Henao Toro ◽  
Ingrid Regina Petro Gonz ◽  
Felipe Andrés Mar
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Third Parties ◽  
Penal Code ◽  
Security Forces ◽  
Origin And Evolution ◽  
The Creation ◽  
The Law ◽  
The Military ◽  
Legal Training

El presente artículo analiza la Justicia Penal Militar colombiana, su origen y evolución desde la vigencia del Decreto 2550 de 1988, según el cual los miembros de la Fuerza Pública podían ejercer simultáneamente las funciones de comando con las funciones de jurisdicción, toda vez que quien juzgaba no se encontraba técnicamente habilitado para desarrollar esa función por carecer de formación jurídica profesional y debía depender de terceras personas para emitir sus fallos, situación que contrariaba los principios de independencia e imparcialidad. Posteriormente, con la creación de la Ley 522 de 1999, actual Código Penal Militar, esas funciones fueron separadas y prohibidas, lo que amerita analizar estos principios a la luz de esta normativa penal militar.   AbstractThis article analyzes the Penal Military Colombian Justice system, its origin and evolution from the enforcement of Decree 2550 of 1988 according to which members of the security forces could exercise the functions of command simultaneously with the functions of jurisdiction, since he was deemed not technically qualified to perform that function due to lack of professional legal training and had to rely on third parties to issue their decisions, a situation that went against the principles of independence and impartiality. Later, with the creation of the Law 522 of 1999 current Military Penal Code, these functions were separated and thus deserving prohibited discuss these principles in light of the military criminal law.

scholarly journals Study of the Legal Regime of Oil and Gas Transit in Energy Charter Treaty and Law of Iran

2016 ◽  
Vol 9 (5) ◽  
pp. 194
Author(s):  
Abdolsamad Doulah ◽  
Mirshahbiz Shafee
Keyword(s):  
Oil And Gas ◽  
Analytic Method ◽  
Islamic Republic ◽  
Legal Regime ◽  
General Application ◽  
Energy Charter Treaty ◽  
Research Findings ◽  
The Creation ◽  
The Law ◽  
Present Thesis

The present thesis has analyzed the legal regime of oil and gas transit in energy charter treaty and law of Iran by the use of descriptive analytic method. The research findings show that the law of transportation and the transit of foreign goods through the Islamic Republic of Iran’s territory passed in 1995 and its executive by law generally deals with the transit affairs although because of its general application it can be stated that it includes energy transit especially oil and gas. This law has referred to the energy transit in a limited way and therefore the lack of law in this respect is quite conspicuous. The transportation law of Iran which was ratified about 14 years ago and since it was codified for the needs of those days need to be revised in case Iran intends to join the charter because in several cases there is lack of law. But despite the legal vacuum there is no contrast between the aforementioned law and the contents of the charter treaty in terms of the oil and gas transit. In fact it can be stated that the law of transportation of Iran has no limitation in accepting the contents of the charter but only in some cases for the sake of clarification and preventing the creation of difference some new rules need to be ratified and some of the present rules need to be modified.

Contract Law Directions

2017 ◽  
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Contract Law ◽  
Third Parties ◽  
Final Part ◽  
Legal Knowledge ◽  
Legal Regulations ◽  
Undue Influence ◽  
Undergraduate Level ◽  
Key Points ◽  
The Creation

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its fifth edition, to all aspects of contract law. It is structured in four parts. Part One looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part Two is about contents and borders and looks at positive terms, exemption clauses and misrepresentation. Part Three examines defects in terms of mistake, duress, undue influence and unconscionable bargains. The final part explains finishing and enforcing obligations. It analyses frustration, damages, specific remedies, and privity and the interests of third parties

The Claim of Issue Creation on the U.S. Supreme Court

1996 ◽  
Vol 90 (4) ◽  
pp. 845-852 ◽  
Author(s):  
Lee Epstein ◽  
Jeffrey A. Segal ◽  
Timothy Johnson
Keyword(s):  
Supreme Court ◽  
Third Parties ◽  
Policy Entrepreneurs ◽  
The Creation ◽  
To Come ◽  
The U.S ◽  
The Way

We argue that a variant of the sua sponte doctrine, namely, the practice disfavoring the creation of issues not raised in the legal record, is a norm with substantial consequences for the U.S. Supreme Court. Without it, justices would act considerably more like legislators, who are free to engage in “issue creation,” and less like jurists, who must wait for issues to come to them. Yet, McGuire and Palmer claim that justices engage in issue creation in a “significant minority” of their cases. We dispute this finding because we think it is an artifact of the way McGuire and Palmer collected their data. Indeed, for virtually every case in which they found evidence of issue creation, we show that the issue was actually present in at least one of the litigants' briefs. This suggests that justices may be policy seekers, but they are not policy entrepreneurs; an that briefs filed by third parties (such as amici curiae) are generally not a source of important issues considered by the Court.

Character merchandising: aspects of legal protection

Legal Studies ◽  
2001 ◽  
Vol 21 (2) ◽  
pp. 226-250
Author(s):  
Andrew McGee ◽  
Sarah Gale ◽  
Gary Scanlan
Keyword(s):  
Present State ◽  
Legal Protection ◽  
Trade Mark ◽  
Third Parties ◽  
Trade Marks ◽  
Passing Off ◽  
Legal Control ◽  
The Creation ◽  
The Law ◽  
Special Circumstances

The article considers the present state of the law of character merchandising. It questions whether the law relating to character merchandising should be further developed and extended so as to give an individual a comprehensive right to prevent the unauthorised use of aspects of his personality by third parties in connection with the promotion or sale of goods or services. In this context the article rejects the creation of new comprehensive remedies such as a tort of appropriation of personality as being undesirable and impractical. The article maintains that unauthorised acts of personality appropriation or use are already subject to adequate legal control through the law of trade marks and passing off. In this regard the article further suggests that tortious remedies such as defamation, malicious falsehood, and, in restricted circumstances copyright, provide effective sanctions against the unauthorised use of an individual's persona in commercial enterprises in particular and special circumstances. These remedies supplement and complement the principal remedies provided by trade mark protection and passing off.

scholarly journals Legal regulation of UK science parks

2021 ◽  
pp. 68-73
Author(s):  
Tetiana Postryhan
Keyword(s):  
Great Britain ◽  
Research And Development ◽  
High Technology ◽  
Legal Regulation ◽  
Science Parks ◽  
Intellectual Activity ◽  
Technology Parks ◽  
The Creation ◽  
Tax Benefits ◽  
The Uk

Key words: science park, science, legal regulation, high technologies, innovation,benefits, taxes The article reveals important legal aspects of the UK science parks, the creation and operation of scienceand technology parks in Great Britain. The author considers the legislation of GreatBritain on the activities of science and technology parks, technological innovations,tax and other benefits. The author traces the development of legislation governing theactivities of science parks in Great Britain. Innovative structures, their features areconsidered. An analysis of research by scientists on state and legal regulation of highereducation, research institutions, science parks. The author examines the Government'spolicy on the development of the scientific and technical sector of the economyby supporting and encouraging innovation in the scientific and technical sector andthe Question of the Great Britain Science Parks. The UK provides significant governmentsupport to science parks, fosters cooperation and dialogue between industry andacademia in the field of innovation and high technology. In this matter, the state directlyfunds research partnerships between industry and basic science. The statestrategy includes, in particular, the application of direct tax benefits for companiesthat interact with universities to implement high technology, research and development,tax benefits in the field of depreciation, as well as through financial and technicalsupport of leading universities and public laboratories, grants and grants.The author notes the important role in the development of innovation policy in theUK plays the creation of information support for innovation.The author has analyzed the legislation in the field of providing tax-compliant pilgrimsfor education and distribution. Legislation in the field of supply of taxable pilgrimsfor additional and retail outlets is stored alongside a number of regulatory legalacts, the main ones being:• Income and Corporation Taxes Act 1988;• Finance Act 2000;• Finance Act 2002.The author examines the executive authorities that implement state policy tostimulate the development of research and development. The author identifies thatthe UK is creating numerous innovation centers. The article emphasizes that of particularinterest are the model contracts proposed by the Ministry, aimed at the transferor use of ownership of the results of intellectual activity in the field of innovation.The author states that the British model of state support for innovation can be usefulin shaping public policy and creating a legal framework for regulating legal relationsin the field of innovation and the interaction of universities with business to implementresearch and development and high technology.

scholarly journals Akibat Hukum bagi Kreditur Setelah Perjanjian Perkawinan Dibuat dan Telah Disahkan

2021 ◽  
Vol 6 (1) ◽  
pp. 55
Author(s):  
William Surya Putra Handoko
Keyword(s):  
Legal Status ◽  
Third Parties ◽  
Analysis Approach ◽  
Constitutional Court ◽  
Analysis Techniques ◽  
Personal Property ◽  
Legal Problems ◽  
The Creation ◽  
The Law ◽  
Joint Property

This study aimed to analyze legal problems due to the change in the legal status of the debtor’s property in marriage which was previously a joint property into the personal property of each husband or wife.  This study used a statutory approach and an analysis approach, while the analysis techniques used grammatical interpretation and systematic interpretation. After the decision of the Constitutional Court was issued, the creation of marriage agreements that had been ratified would result in the law of separation of property and applied to third parties. The marriage agreement should not harm third parties.

scholarly journals Merger and division nullity in the Romanian legal system

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Bejan Felicia
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Legal Framework ◽  
Third Parties ◽  
European Directives ◽  
Legal Norms ◽  
Cross Border ◽  
The Subject ◽  
The Creation ◽  
Juridical Acts

As a consequence of the transposition of european Directives regarding the merger, division, and cross-border mergers, the Romanian legal system established a special legal framework with regard to the sanction of nullity for such juridical acts. The peculiarities of internal and cross-border reorganisation operations, and the imperative of protecting the interests of third parties, associates, and the companies involved led to the creation of a derogatory legal system on the matter. An analysis of both theoretical and practical perspectives of the subject matter may result in a useful instrument for the application of incidental legal norms, or every time restructuring juridical acts contravene the legal norms. 

scholarly journals The concept of the territory of the federal territory ‘Sirius’

2021 ◽  
Vol 3 ◽  
pp. 55-58
Author(s):  
V.A. Mayboroda ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Regime ◽  
The Creation

The article provides an analysis of the concept of the federal territory from the position of the constituents of the legal regime of the said territory, which includes both public-legal and private-legal regulation. The findings of the study suggest that a proposal should be put forward to improve the territorial composition of the federal territory and to include the territorial sea in the part necessary to achieve the goals of the creation of a federal territory.

scholarly journals LEGAL REGIME FOR THE RESULTS OF INTELLECTUAL ACTIVITIES WITHIN BUDGETARY INSTITUTIONS IN SCIENCE AND EDUCATION

2019 ◽  
pp. 144-151
Author(s):  
V. A. SAVINYKH
Keyword(s):  
General Rule ◽  
Necessary Condition ◽  
Legal Regime ◽  
Intellectual Activity ◽  
Operational Management ◽  
The Status ◽  
Science And Education ◽  
The Law ◽  
The Right ◽  
Intellectual Activities

Is a budget institution in the field of science and education independently entitled without the consent of the founder to dispose of the exclusive rights to the results of intellectual activity belonging to it? The status of the institution as a «holder» of the founder’s property makes one think about the need to apply, by analogy of the law, the provisions governing the right of operational management to relations regarding the disposal of the institution with its exclusive rights. Given the fact that the prerequisites for introducing the consent of the founder as a necessary condition for disposing of the valuable property the institution are equally applicable both to objects of real rights and exclusive rights to the results of intellectual activity. However, the author justifies the inadmissibility of the application by analogy of the law of the provisions of the Civil Code of the Russian Federation limiting the powers of the budget institution to dispose of the property assigned to it on the right of operational management, indicating that there is no regulation gap that would require replenishment. In this regard, the author comes to the conclusion that, as a general rule, a budget institution has the right to independently manage its exclusive rights to the results of intellectual activity without the founder’s consent.

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