scholarly journals Creative Approaches to the Creation of Contemporary Art Objects and Features of their Legal Protection

2020 ◽  
Vol 10 ◽  
pp. 368-382
Author(s):  
Nataliia M. Myronenko ◽  
◽  
Olena O. Shtefan ◽  
Yuliia O. Kedia ◽  
Olha B. Derkach ◽  
...  
Keyword(s):  
Legal Protection ◽  
The United States ◽  
Creative Work ◽  
Legal Analysis ◽  
Eu Countries ◽  
Judicial Practice ◽  
Art Objects ◽  
The Law ◽  
Definition Of ◽  
Form Of Expression

This study is devoted to the analysis of the current state of legislation of Ukraine and EU countries on copyright protection of works with an unstable form of expression, as well as to determine the features of the legal protection of such objects. The purpose of the article was to explore the existing possibilities in the law of Ukraine and the law of the EU countries for the protection of works with an unstable form of their expression. The article, based on the analysis of international legal acts and national legislation, highlights the elements of protection of works. A significant place in work is devoted to the analysis of theoretical, legislative approaches to the definition of "creativity", "originality", "novelty". It is stated that there is no single waste to the definition of these concepts in the literature and not regulated in the legislation in the field of copyright. A comparative legal analysis of the case-law of the United Kingdom and the United States on the provision of legal protection to works with an unstable form. It is concluded that the normative definition of “creative work”, which is associated exclusively with works of cultural value, is not acceptable for copyright. The article analyses the judicial practice of Ukraine, which has developed in the definition of creative work and illustrates its ambiguity. It is concluded that judges, considering such cases, try to find some stable elements that are inherent in works with an unstable form of expression.

The order of property realisation in bankruptcy (insolvency) procedure under the law of Ukraine and Germany

2021 ◽  
Vol 28 (4) ◽  
pp. 210-222
Author(s):  
Oleksandr D. Sviatotskyi ◽  
Rodion B. Poliakov
Keyword(s):  
Legal Framework ◽  
Legal Analysis ◽  
Electronic Trading ◽  
Trading System ◽  
Legal Study ◽  
Judicial Practice ◽  
Legal Provisions ◽  
German Legislation ◽  
The Law ◽  
The Right

The article represents a comparative legal study of the specifics of the order of debtor's property realisation in the bankruptcy procedure under the law of Ukraine and Germany through the application of hermeneutic (used in accessing the essence of the legal framework and judicial practice); axiological (in determining the evaluative base) along with phenomenological (and the nature of the phenomena); systematic (modeling of the functioning systems) methodological toolkit. The authors emphasise the importance of legal provisions governing the sale of the debtor's property, due to the natural proximity of this stage of the competitive process to the financial component, which, in turn, is inevitably associated with various abuses. An electronic trading system had been recently introduced in Ukraine, on which therefore many hopes and expectations were relied upon. However, the electronic trading system did not cope with tasks set, and many new problems were added to the old ones. The article states that the existence of problematic issues in the procedure of bankrupt property realisation is confirmed, in particular, by the court practice. However, judicial practice in itself often becomes a source of problems. The article pays special attention to the German legislation, which uses a radically opposite model of property sale in insolvency proceedings. The authors justifiably propose to make certain changes to the Ukrainian legislation, by using the positive experience of Germany. As a result of a comparative legal analysis of the legislation of Ukraine and Germany, the authors provide ways of solving the raised issues in the article. The implementation of the recommendations submitted within this comparative-legal study should improve the quality of bankruptcy proceedings, reduce the number of abuses by insolvency trustees, as well as protect the rights and property interests of competitive creditors and creditors with the right of separate satisfaction

The Law of the Sea Convention and Third States

1983 ◽  
Vol 77 (3) ◽  
pp. 541-568 ◽  
Author(s):  
Luke T. Lee
Keyword(s):  
United States ◽  
The United States ◽  
Law Of The Sea ◽  
Legal Analysis ◽  
Critical Importance ◽  
Legal Question ◽  
The Law

The decision of the United States and 22 other countries not to sign the Law of the Sea Convention in Montego Bay, Jamaica, on December 10, 1982, raises the important question of the legal effects of the. Convention upon nonsignatories (hereinafter referred to as “third states”). Will the latter be entitled to claim and enjoy treaty provisions beneficial to them, such as those pertaining to military or commercial navigation through international straits, including submerged passage and overflight rights, or will these rights be considered as contractual in nature, exercisable only by states parties? Clearly, the question is of critical importance to the regime of the law of the sea. Since there has been to date no systematic legal analysis of this important question in debates surrounding the Law of the Sea Convention, this essentially legal question has been consigned to general policy pronouncements.

Design Protection

2017 ◽  
Author(s):  
Barton Beebe
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
The United States ◽  
Patent Law ◽  
The European Union ◽  
Design Law ◽  
Definition Of ◽  
International Instruments ◽  
Design Protection ◽  
Ip Law

This chapter surveys the legal protection of industrial designs, understood as the protection of the appearance of articles of manufacture. It discusses the definition of “design” according to both the European Union (EU) and the United States (US). It examines the international instruments that form the foundation of industrial design law, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Paris Convention, and the Berne Convention, among others. It then focuses on the various areas of intellectual property (IP) law that make up design law, including sui generis design protection law, patent law, copyright law, and trademark law among others, with particular attention on these aspects of design law as they feature in the US and the EU.

scholarly journals FEATURES OF THE QUALIFICATION OF UNFAIR COMPETITION EXPRESSED IN THE FORM OF ILLEGAL ACTIONS REGARDING PROTECTED INFORMATION

2021 ◽  
pp. 100-103
Author(s):  
A. S. Valevko
Keyword(s):  
Scientific Literature ◽  
Unfair Competition ◽  
Legal Analysis ◽  
Legal Norms ◽  
Disclosure Of Information ◽  
Legal Regimes ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
Definition Of Information

The article deals with the characteristics of one of the forms of unfair competition associated with the illegal receipt, use, disclosure of information prohibited by article 30 оf the law of the Republic of Belarus "On countering monopolistic activities and development of competition". Based on the legal analysis of the legal norms of the antimonopoly legislation and scientific literature, the author reveals the signs and conditions of disorganization of the competitor's activities committed by illegal dissemination of commercial or official secrets. The author analyzes the definition of" information", signs of commercial and official secrets and the legal regimes established in relation to them. The circumstances and elements of the offense are important for the requirements of an administrative offense under Article 13.33 "Unfair Competition" of the Code of the Republic of Belarus on Administrative Offenses, expressed in the form of actions in relation to protected information, are considered. 

scholarly journals Children in Conflict with the Law (Study in Correctional Center Medan)

2018 ◽  
Vol 5 (11) ◽  
pp. 5090-5095
Author(s):  
Marlina . ◽  
Mahmud Mulyadi ◽  
Nurmalawaty .
Keyword(s):  
New York ◽  
Juvenile Court ◽  
Social Influences ◽  
South Australia ◽  
The United States ◽  
Economic Activities ◽  
The Future ◽  
The Law ◽  
The Government ◽  
Definition Of

Children are living beings who have limitations and need protection from others. Definition of a child in criminal law, a child in conflict with the law hereinafter referred to as a child who is 12 (twelve) years old, but not reach 18 (eighteen) years old who is suspected of committing a crime. In the United Kingdom children age from zero years to 18 years.[1] In the United States, namely New York and Vermont, someone who has not reached the age of 16 is still referred to a juvenile court.[2]  In Scotland the child is a person aged 7 years to 15 years old so that someone is tried in a juvenile justice. In South Australia children aged 8 years to 18 years old and in Canada someone is under 12 years old.[3] There are differences in understanding of children of each country, due to differences in social influences of child development, because the social and cultural and economic activities of each country are different. Even though things have an influence on the level of maturity of a child. It shows that social influences, social and cultural activities must be the concern of the government and society to prevent children from becoming delinquent. According to Nicholas McBala[4]  childhood is a period of life development, also a period of limited ability to harm others. Status and condition of children in Indonesia is paradoxical. Ideally, children are the heirs and progressors of the nation's future. In real terms, the situation of Indonesian children is still and continues to deteriorate. The world of children that should be colored by play activities, learning and developing their interests and talents for the future, the reality is colored by dark and sad data.[5] Children still and continue to deal with the law both as victims and as perpetrators. This condition requires special attention from all components of society and the government to protect and supervise the growth of Indonesian children. So that children are not faced with the law because of doing deviant actions. The direction of legal policy aims to make law a rule that provides protection for the rights of citizens and guarantees future life in the future.[6]    

China's national security law extends state powers

2015 ◽  
Keyword(s):  
National Security ◽  
The United States ◽  
Internet Security ◽  
Negative Consequences ◽  
Content Type ◽  
Indirect Discrimination ◽  
Negative Publicity ◽  
The Law ◽  
Definition Of ◽  
Legal Barriers

Significance The Law has received much negative publicity internationally for its broad definition of national security, which implies wide latitude for authorities at all levels to intervene in economic, social and cultural activities in the name of national security. The Law's passage indicates growing conservatism that will have negative consequences for business and for economic reforms of the sort Western governments and businesses want. Impacts The Law is a new source of tension with the United States and China's neighbours. Public expression will be further restricted and there will be less room for independent actors. Draft legislation on foreign investment, internet security and foreign NGOs will reinforce the conservative agenda. Even companies that face no legal barriers may face indirect discrimination.

Did You Say ‘Theories of Choice’?

2021 ◽  
pp. 115-136
Author(s):  
Anne-Lise Sibony
Keyword(s):  
Consumer Protection ◽  
Consumer Choice ◽  
Legal Analysis ◽  
Legal Scholarship ◽  
Consumer Law ◽  
Legal Literature ◽  
The Law ◽  
Definition Of ◽  
Alternative Theories ◽  
Meta Theory

This chapter takes up two difficult questions: ‘does the law contain one or more theories of choice?’ and, if it does, ‘is there a meta-theory to tell us which theory of choice to use in which cases?’ Even if one retains a loose definition of what counts as a ‘theory of choice’, there are reasons to be sceptical about the enterprise of mapping out theories of choice underpinning the law. This is because the supply of such theories is both abundant and incomplete while the demand is generally weak. Consumer protection, which purports to protect ‘consumer choice’, would seem to be a designated area of law to look for theories of (consumer) choice. However, an enquiry into legislative work on consumer protection reveals paradoxical efforts to confirm the theory that consumers do well with information rather than investigate alternative theories. It also appears that consumer law embeds several different conflicting theories of consumer choice without any sign of a meta-theory indicating which theory applies to which cases. In addition, where there is a theory of consumer harm justifying legislative intervention, it seems to matter little that we do not have a theory for how consumer choice is distorted. In short, the legislative appetite for theories of choice seems limited. Legal scholarship offers a different picture. A space has emerged in which to discuss theories of choice within legal analysis, which is still in the process of being shaped. Tentatively, it is suggested that the legal literature offers a contrast between deep and narrow discussions of theories of choice, and wide and shallow ones.

Comprehensive approach to perception of law in the context of doctrinal views

2021 ◽  
Vol 28 (4) ◽  
pp. 42-50
Author(s):  
Ilya D. Shutak ◽  
Ihor I. Onyshchuk
Keyword(s):  
Comprehensive Approach ◽  
Legal Analysis ◽  
Legal Certainty ◽  
Positive Law ◽  
Integrated Theory ◽  
New Ideas ◽  
Assessment And Monitoring ◽  
The Law ◽  
Theory Of Law ◽  
Definition Of

The purpose of the study is a theoretical and legal analysis of the compressive approach to the perception of the law in the context of doctrinal views, its substantiation and comparison with the comprehend theory. The originality of the study lies in the substantiation of the theory of the comprehensive approach, which consists in a strictly objective, real, non-idealised, deideologised cognition of the law. New ideas related to the perception of law through an objective and comprehensive assessment and monitoring are proposed. The similarities and differences between the comprehensive approach and the comprehend theory are clarified. The approach is a kind of tool for the development of theory. As a result of the analysis of doctrinal views on the comprehensive approach to the perception of law and the generalisation of different positions, the definition of the studied concept is developed. Conclusions: the methodological value of the comprehensive approach as a kind of tool for the development of the theory lies in the objective, real, non-idealised, and deideologised cognition of the law. Therewith, it is inadmissible to recognise the prevalence of a certain concept or theory. The construction of law in the way of combining the integrated theory of law and the theory of natural and positive law is incomplete and incorrect. Since law is not limited to these two theories. Thus, this perception of law is one-sided and biased. Arguments are given regarding the practical value of the comprehensive approach in legal technique when the assessment of the law is conducted depending on the completeness of its implementation and in achieving legal certainty. The more objectively the law, the quality and effectiveness of its rules are assessed, the faster it is perceived (recognised). It is advisable to comprehend the law with the assessment of its negative features

The Law and Foreign Prisoners in Texas: A Socio-Legal Analysis

2016 ◽  
Vol 1 (1) ◽  
pp. 21-30
Author(s):  
Jurg Gerber ◽  
Kate Angulski
Keyword(s):  
United States ◽  
Legal Status ◽  
The United States ◽  
The State ◽  
Legal Analysis ◽  
Dietary Restrictions ◽  
Indefinite Detention ◽  
The Law

We examine in this article the legal status of foreign prisoners in the United States in general, and in the State of Texas in particular. With few exceptions, the law does not distinguish between domestic and foreign prisoners, granting similar rights and obligations to each. We conclude this article by examining current controversies in the treatment of foreign prisoners in the United States. Issues examined include dietary restrictions, use of languages other than English, length of hair, and mandatory and indefinite detention of aliens.

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