Durchsetzungsdefizite bei Gleichbehandlungsgeboten am Beispiel des Gender Pricing

2021 ◽  
Vol 104 (1) ◽  
pp. 34-60
Author(s):  
Sarah Legner
Keyword(s):  
Law Enforcement ◽  
Price Discrimination ◽  
Goods And Services ◽  
Widespread Phenomenon ◽  
Legal Restrictions

Gender Pricing is a widespread phenomenon. According to various studies, women-specific products and services often are more costly than comparable versions of products and services for men. As products made for women are frequently coloured pink, Gender Pricing is referred to as “pink tax”. European anti-discrimination legislation imposes restrictions on gender-related price discrimination. The 2004 Gender Directive bans discrimination in the field of goods and services. In principle, the directive prohibits any less favourable treatment of men or women by reason of their gender. Nevertheless, the additional price added on products intended for women is widely accepted. This raises the question of whether Gender Pricing points to a lack of law enforcement. Against this backdrop, the scope of the legal restrictions imposed on Gender Pricing will be analysed. Subsequently, the challenges of implementing anti-discrimination laws must be taken into account. Finally, conclusions will be drawn on possible courses of action to enhance their mandatory strength.

scholarly journals Operation of Local Government Transparency in South Sulawesi Province, Indonesia

2017 ◽  
Vol 6 (1) ◽  
pp. 118
Author(s):  
A. Jamaluddin
Keyword(s):  
Law Enforcement ◽  
Good Governance ◽  
Local Governance ◽  
Provincial Government ◽  
Regional Administration ◽  
Goods And Services ◽  
South Sulawesi ◽  
Intensive Use ◽  
The Right ◽  
Governance Transparency

<div><p class="Authors"><em>Transparency in South Sulawesi Provincial Government has been applied in efforts to achieve good governance. The problems of this research are; (1) how to transparency in local governance, (2) what factors inhibiting transparency in local governance, and (3) what is the right strategy is used in implementing the transparency of the regional administration. This study aims to: 1) describe the transparency in local governance, 2) analyze the factors that become an obstacle to transparency in local governance, and 3) to apply the right strategy in the transparency of the regional administration. The study found that transparency in governance has been run as expected in the areas of budget, staffing, procurement of goods and services. Human resources mentality of corruption, overlapping rules, the financial system is weak, weak law enforcement and a tolerant society are all factors that become an obstacle to transparency in local governance. Transparency strategy is appropriate intensive use in implementing the transparency of the regional administration. Through this model of good governance transparency can be realized as a solution to overcome the problems of the dynamics of government activity that is not transparent and minimize the factors inhibiting the realization of good governance transparency.</em><em></em></p></div>

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 Tinjauan Hukum Persaingan Usaha dalam Praktek Persekongkolan Tender (Studi Putusan Nomor:04/KPPU-L/2018)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 344
Author(s):  
Rendi Ardiansyah ◽  
Margo Hadi Pura
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Competition Law ◽  
Business World ◽  
Legal Principles ◽  
Goods And Services ◽  
The Government ◽  
Fierce Competition ◽  
Administrative Sanctions

The existence of Law Number 5 Year 1999 is expected to prevent monopolistic practices and unfair business competition in a business world that continues to develop with increasingly fierce competition. However, until now there are still many unfair effort practices because increasingly complex competition and demands for profusely profit, one of which is related to tender conspiracy activities carried out in the procurement of goods and services within the government. Between them are the practice of conspiracy to tender for the Decision of the Business Competition Supervisory Commission Number 04/ KPPU-L/2018. In writing this article using a normative juridical research method in which research and observations are carried out in a library by emphasizing the applicable legal principles. The purpose of writing this article is to find out tender conspiracy in view of business competition law, which is essentially prohibited because it will prevent other business actors from competing in offering prices at the auction. In addition, this article discusses the fulfillment of the formulaic elements in the practice of tender conspiracy in the a quo case. Tender conspiracy is specifically regulated in Article 22 of Law Number 5 Year 1999 which is then complemented by the guidelines issuance of Article 22 by KPPU. Whereas in essence the actions of the Reported Parties in the implementation of the a quo tender constituted a tender conspiracy practice because they had complied with all the elements referred to in Article 22 of Law Number 5 Year 1999 resulting in receiving administrative sanctions imposed by KPPU as a form of law enforcement.

scholarly journals PROVIDING CUSTOMS AUTHORITIES OF LEGAL PROHIBITIONS AND RESTRIKTIONS OF FOREIGN TRADE

2021 ◽  
pp. 101-105
Author(s):  
Андрей Борисович Вобликов
Keyword(s):  
Law Enforcement ◽  
Foreign Trade ◽  
Legal Restrictions ◽  
The Law

Рассматриваются актуальные проблемы правовых ограничений внешней торговли. Анализируются нормы законодательства, правоприменительная практика обеспечения правовых ограничений внешней торговли. The current problems of legal restrictions on foreign trade are considered. The norms of legislation, the law enforcement practice of ensuring legal restrictions of foreign trade are analyzed.

DISCRIMINATION OF MIGRANTS IN THE HOUSING RENTAL MARKET IN THE BORDER CITIES OF THE SOUTH OF RUSSIA

2021 ◽  
pp. 5-14
Author(s):  
Stanislav S. Alkhasov ◽  
Keyword(s):  
Law Enforcement ◽  
Real Estate ◽  
Rental Housing ◽  
Northern Caucasus ◽  
Economic Costs ◽  
The South ◽  
Interethnic Relations ◽  
Rental Market ◽  
Widespread Phenomenon ◽  
Rental Housing Market

Discrimination on the basis of nationality and race is a widespread phenomenon in the Russian housing rental market. Discrimination is prohibited by law. However, there is no law enforcement practice. Against this background, landlords, realtors and internet real estate portals publish discriminatory advertisements. In Moscow the situation is most acute. Of particular interest is discrimination in the South of Russia, a complex multiethnic and multicultural border macro-region. The analysis of the advertisements showed that discrimination in the southern Russian housing rental market is currently moderate compared to the capital region: the minimum in Astrakhan (less than 1%) and the maximum in Stavropol and Novorossiysk (about 9%). The presence of discriminatory advertisements does not lead (or almost does not lead in the case of Sochi and Krasnodar) to economic costs for migrants. At the same time, the significant part of the population (74.9% according to V.I. Mukomel’s data) is inconsistent in their attitudes towards migrants of other ethnicities. This kind of instability creates the risk of exacerbation of interethnic relations in the South of Russia, in the Northern Caucasus. Countering discrimination in the rental housing market is one of possible measures to smooth out potential tensions.

scholarly journals Criminological Characteristics of Drug Addiction in the Republic of Kazakhstan: Basic Concepts, Signs and General Approaches to Their Assessment

2019 ◽  
Vol 12 (3) ◽  
pp. 40
Author(s):  
Fetkulov A. K. ◽  
Karzhasova G. B. ◽  
Nurpeisova A. K. ◽  
Kopbulov R. A. ◽  
Baikenzhina K. A. ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Drug Addiction ◽  
International Organizations ◽  
Social Phenomenon ◽  
Basic Definition ◽  
Security Issues ◽  
Goods And Services ◽  
Complex Processes ◽  
Law Enforcement Officials ◽  
The Republic

The relevance of the study is due to the need to consider such antisocial social phenomenon as &ldquo;narcotism&rdquo;, which includes two components - &ldquo;drug addiction&rdquo; and &ldquo;drug business&rdquo;. The researchers came to the conclusion that the concept of narcotism itself has not yet acquired an unambiguous or more or less well-established semantic status, and does not have wide recognition in international legal acts and documents of authoritative international organizations. In foreign vocabulary, the concept of &quot;narcotism&quot; is difficult to differentiate and separate from the concept of &quot;drug addiction&quot;. Therefore, it is necessary to achieve the highest possible consistency in approaches to understanding the essence of this phenomenon. The content of the article is aimed at identifying the key point denoting the main core around which complex processes are taking place in the desired field related to the concept of drug addiction. Reflecting and arguing, the authors, in essence, were based on an analysis of a well-known range of historical, theoretical information, international legal and national regulatory documents, using the methods of critical analysis, synthesis and comparison of theoretical and legal sources. This made it possible to consider the phenomenon under study from the standpoint of different conceptual approaches. The article revealed that drug addiction affects the widest range of social problems - from deviant social behavior to national security issues. The attention is focused on the fact that drug addiction from the position of law is characterized as an antisocial social phenomenon associated with the illegal consumption and distribution of drugs, their appearance and the existence of goods and services in consumer circulation. A basic definition has been formulated that outlines the scope or distribution of narcotism. It was concluded that &ldquo;narcotism&rdquo; should be a differentiated designation of a negative social phenomenon and contain a description of the whole diversity of social manifestations and processes that are directly related to drugs that are in a state of contradiction with the interests of society. In turn, drug trafficking, while remaining the largest component of drug addiction, is its most dynamic part. The last sign is largely associated with a direct effect - the drug business, which is a generating or producing principle in narcotic drugs. The materials of the article are of practical value for researchers and law enforcement officials dealing with the problems of drug addiction and narcotism.

scholarly journals The Price Discrimination on the Shortage Markets: Theoretical Analysis

2021 ◽  
Vol 15 (3) ◽  
pp. 71-85
Author(s):  
Irina V. Knyazeva ◽  
◽  
Nikolay N. Zaikin ◽  
Irina V. Bondarenko ◽  
◽  
...  
Keyword(s):  
Theoretical Analysis ◽  
Price Discrimination ◽  
State Regulation ◽  
Market Mechanism ◽  
Goods And Services ◽  
Long Run ◽  
Wide Range ◽  
The Difference ◽  
Scientific Results ◽  
The Impact

Antitrust law includes a number of evaluation norms in system of commodity market analysis and proofs of anti-competitive behavior, which provide for using wide range of economics and marketing methods. The widest field of discussing embedded in definition “price discrimination”. Specific research interest presents the making recommendations of regulation of shortage markets with unfounded differences in prices. This question we propose to consider in two articles: in first article we make theoretical analysis of price discrimination in situation of shortage markets, in second article (will be published in no. 4) we analyze marketing aspects and system of sales stimulation, which the seller accomplish on the shortage markets. In the focus of this research is price discrimination as a market mechanism and shortage markets as a market anomaly. The shortage markets in contrast of shortage on the market occurs not for reason that price is below the equilibrium level. The main reason of genesis of shortage markets is speculative demand on the markets and/or difficulties in producing goods and services. These difficulties often set by outside shocks. Price discrimination undergoing of effect of long-run shortage on markets transforming in phenomenon, which damages of consumer wealth and entrepreneurs benefits. In addition, this type of price discrimination decrease the social welfare too. The risks of price discrimination in the case of shortage markets needed new decisions and methods of regulation by state. However now we do not see some consensus in the issue of principles and instruments of state regulation of shortage markets. In the article we try to approbate some scientific results. These results are the hybrid definition of price discrimination; the legislative definitions of price discrimination as a acts which limiting competition; the criteria of functioning of shortage markets; proofs of transforming markets through the impact of long-run shortage; the difference between the case of shortage markets and the case of shortage on the markets in the classical demand-supply model; costs of price discrimination on the shortage markets; perspective antitrust regulation of price discrimination on the shortage markets.

scholarly journals Operation of local government transparency in South Sulawesi province

2017 ◽  
Author(s):  
A. Jamaluddin
Keyword(s):  
Law Enforcement ◽  
Good Governance ◽  
Local Governance ◽  
Provincial Government ◽  
Regional Administration ◽  
Goods And Services ◽  
South Sulawesi ◽  
Intensive Use ◽  
The Right ◽  
Governance Transparency

Transparency in South Sulawesi Provincial Government has been applied in efforts to achieve good governance. The problems of this research are; (1) how to transparency in local governance, (2) what factors inhibiting transparency in local governance, and (3) what is the right strategy is used in implementing the transparency of the regional administration. This study aims to: 1) describe the transparency in local governance, 2) analyze the factors that become an obstacle to transparency in local governance, and 3) to apply the right strategy in the transparency of the regional administration. The study found that transparency in governance has been run as expected in the areas of budget, staffing, procurement of goods and services. Human resources mentality of corruption, overlapping rules, the financial system is weak, weak law enforcement and a tolerant society are all factors that become an obstacle to transparency in local governance. Transparency strategy is appropriate intensive use in implementing the transparency of the regional administration. Through this model of good governance transparency can be realized as a solution to overcome the problems of the dynamics of government activity that is not transparent and minimize the factors inhibiting the realization of good governance transparency.

Sign in / Sign up

Export Citation Format

Share Document