Types of infractions of trademark property rights. Аnalysis of judicial practice

Keywords: Property rights to the trademark, infractions of property rights, judicialpractice, protection of trademark rights, invalidation of the trademark certificate,early termination of the certificate The relevance of this article is that the largest number of legaldisputes in the sphere of intellectual property is disputes concerning violation of propertyrights for trademarks. The article examined the theoretical provisions of propertyrights for trademarks, as well as practical issues of violations of these rights. Specialattention is paid to the analysis of judicial practice concerning protection of rightsto trademarks. The categories of the mentioned cases have been highlighted and discussedin detail, statistical data and decisions have been made. It has been found thatthe overwhelming number of cases investigated concerns recognition of the Ukrainiantrademark certificate as invalid.The court cases on protection of rights to trademarks can be divided into severalcategories according to the claim requirements:1) On the recognition of the Ukrainian trademark certificate as invalid in whole orin part (for all or part of goods and/or services);2) On termination of infringement of intellectual property rights on the trademarkand obligation to take certain actions;3) On early termination of the Ukrainian trademark certificate in whole or in part(for all or part of goods and/or services);4) Other court cases. For example, the recognition of the non-legal patent ofUkraine for industrial design due to violation of rights for the registered trademark.The article contains detailed consideration of the mentioned categories of casesand statistical data about them.The analysis of judicial practice made it possible to establish the following statisticaldata: cases of invalidation of a trademark certificate are 47 %; cases on termination of infringementof rights to the trademark are 25 %; cases on early termination of the trademarkcertificate are 25 %; other cases on protection of rights to trademarks make 3 %.In addition, the analysis of court practice allowed to establish that 75 % of courtcases concerning protection of rights to trademarks are decided to satisfy the claim infull or in part.

To the Characteristics of Person Occupyting the Highest Position in the Criminal Hierarchy: Criminalistic and Criminal Procedure Aspects

The authors use the analysis of investigation-court practice and doctrinal positions of researchers to raise the issue of determining the subject of the crime under Art. 210.1 of the Criminal Code of the Russian Federation. The authors describe a number of problems regarding the possibility of establishing and proving the guilt of a person who went through the criminal world’s ritual of “coronation” and thus acquired the status of a “thief in law”. The authors also present their own opinion on the fallacy of the lawmakers’ decision that occupying the highest position in the criminal hierarchy is an independent corpus delicti as it does not meet the obligatory criterion of public danger and, consequently, cannot be called a crime. The authors also believe that the abovementioned corpus delicti is, in essence, neither the action nor the inaction, but is an (actual) state, thus it cannot be called a deed and, correspondingly, a crime.

State Immunity in Danish Law

With a primary focus on civil law, the article provides a general overview of the most important legislation, court decisions and other state practice in explaining how international law on state immunity applies in Denmark today. Although Danish court practice has been quite sparse, there have been a number of important decisions effectively implementing international state immunity law into Danish law. The article also reflects on the application and development of customary international law in Danish law outside Danish courts with a particular focus on the 2004 UN Convention on Jurisdictional Immunity of States and Their Property, which Denmark has signed, but not ratified. Other examples of Danish practice are briefly highligthed, underscoring the conclusion that Denmark has broadly embraced the restrictive approach to international law on state immunity.

CHALLENGES OF APPLICATION AND INTERPRETATION OF REGULATIONS IN THE PRACTICE OF MISDEMEANOR COURTS

The author analyzes the always current issue of application and interpretation of regulations in the practice of misdemeanor courts. The scope and complexity of the matter in which misdemeanor courts act is pointed out, but also the fact that shortcomings in the regulation of regulations represent a major problem in court practice. The subject of the author's interest are the basic principles of application of law as the basic activity of misdemeanor courts, which is why the structure of the legal norm and the distinction between factual and legal issues are considered. Then, the notion of court interpretation of regulations was analyzed and attention was drawn to the dangers of applying the analogy in substantive misdemeanor law. The author considered the issues of court interpretation of regulations which provide for the objective responsibility of a natural person and different interpretations of regulations as the cause of uneven court practice. Numerous court decisions listed in the paper served as a basis to point out the importance of court interpretation of legal institutes for misdemeanor liability. Through the theoretical aspect and rich case law, the author analyzed some controversial issues and offered solutions to the problem, concluding that judges of misdemeanor courts in their daily work have great challenges related to the application and interpretation of regulations.

Az emberi méltóság és a személyiségi jogok összefüggései (alkotmányi és polgári jogi szabályozásuk kritikai értelmezése)

The issue indicated in the title of the study is essentially a complex of legal problems, which raise several questions about the concepts used, such as: What is human dignity? What rights can be derived from it? Can we talk about the right to human dignity? What is personhood? What are the personality rights? How is human dignity related to the personality rights? The study examines the problem from the perspective of Romanian legislation and Constitutional Court practice.

Moral Harm Compensation as a Remedy to Housing Rights

Introduction. The increased interest in modern Russian legal science towards the problems of moral harm compensation, while having been resulted from the widespread use of this category within legislation and court practice, determines the need for its conceptual research within housing law due to its special significance for being a judicial remedy to housing rights, which is important not only for legal science in general, but also for regulatory enforcement, as well as for further improvement of housing legislation. Insufficient regulatory regulation of compensation for moral harm taking into account the specifics of housing law and the lack of a deep scientific theory has caused law enforcement difficulties in implementing this method of protecting housing rights. Theoretical Basis. Methods. The purpose of this paper is a comprehensive study of conceptual and practical challenges towards moral harm compensation as a remedy to housing rights, the study is based on the analysis of its scope and justification of universality for the protection of housing rights diverse in legal nature. The methodological basis of the paper consists of both general scientific methods (dialectical method, induction, deduction, analogy, analysis, synthesis) and special methods of scientific research – system and complex methods of scientific knowledge. System method allowed to consider the scope of moral harm compensation, it has made possible to determine the internal links of this method of housing rights protection with other elements of housing law system (other methods of remedy, contractual and non-contractual obligations, rights in rem, etc.). Complex methods allowed to make a comprehensive assessment and identify features of the application of moral harm compensation as a remedy to housing rights in different areas of housing relations, and also to determine its interdisciplinary nature. Results. The result of the study reflects the conclusion that industry characteristics of housing rights, due to the specificity of the object of housing rights, distinguish in most cases the derived nature of demands on moral harm compensation from claims for property damage caused to residential premises, and determine the suitability of the application of moral harm compensation to protect the property rights of parties within housing relations only in cases provided for in a law. Moral harm is an independent consequence of violation of housing rights of citizens, that is why it can be compensated independently, regardless of the presence of property damage or along with property damage. Discussion and Conclusion. Court practice reveals a small number of independent claims for moral harm compensation when housing rights are violated. The complex nature of subjective housing rights has revealed a close connection of some property rights of subjects of housing relations with personal non-property rights and intangible benefits, and thus creates the basis for claims for moral harm compensation. Considering the fact that the concept of “housing rights” is a collective notion combining subjective rights various by legal nature (constitutional, civil, social security rights, etc.), the object of which is a dwelling premise, then at that point the possibility to apply for their protection a moral harm compensation proves the interbranch nature of moral harm compensation as a remedy and the universality of its application for the purpose to restore violated housing rights.

Visa Refusals to Foreign Scientists Participants in Megascience Experiments, other Scientific Events and the Right to Appeal: New in the ECJ Practice

The paper analyzes the provisions of the legislation and the latest court practice of the European Court of Justice (ECJ) regulating the procedure for refusing to issue Schengen visas and other migration permits necessary for foreign scientists to participate in experiments using unique European mega-science facilities, as well as in other scientific events in the EU. The first section "Visa refusal and the right to appeal it in the EU: Historical and comparative legal aspects" examines the formation and initial content of the EU rules on the rationale and appeal of the refusal of Schengen visas, starting with the Schengen agreements of the 1980s and before the adoption of the 2009 EU Visa Code. The second section "Right to appeal against refusal of Schengen and equivalent visas" is devoted to the rules of the 2009 EU Visa Code regarding visas for short-term stays (up to 90 days within a period of 180 days), amended and supplemented by the 2017 EU Court of Justice prejudicial decision as in the case of "El Hassani" regarding the recognition of foreigners’ right to judicial appeal against a visa refusal and, in a broader context, "the right to a fair and adequate consideration of their application" for a visa. The subject of the third, final section "The right to appeal the refusal of visas for long-term stay and residence permits" are the provisions of the latest ECJ court practice (judgment in the case of "M.A." of 10.03.2021), which made it possible to challenge in the courts of the EU Member States refusals to issue even those migration permits that are issued in accordance with national law.

On the Interaction between the Investigator and the Body of Inquiry in the Investigation and Solution of Illegal Establishment (Creation, Reorganization) of Juridical Entities

Currently the normative legal acts of Russian Ministry of Internal Affairs make the investigator responsible not only for the investigation, but also for the solution of crimes. The fulfillment of these tasks solely within the framework of investigatory actions is not always possible not only for grave and especially grave crimes, but also for publicly dangerous acts of small and medium gravity. An example of such a crime of small or, in the presence of some qualifying features – of medium gravity, is the illegal establishment (creation, reorganization) of a juridical entity, for which the identification of its founder and other participants, as well as the proof their guilt, presents certain difficulties. All this shows the vital necessity for cooperation between the investigator and the body of inquiry in the process of pre-court proceedings for the category of crimes under consideration. The author examines the stages and forms of the interaction of these subjects in the cases of illegal establishment of juridical entities. The analysis of investigation and court practice is used to summarize the problems in achieving an effective interaction. The author presents recommendations for improving the interaction between the investigator and the body of inquiry in solving and investigating illegal establishment of juridical entities.

A házasságon kívül született gyermek jogállása különös tekintettel a tartásdíj kiszabásának bírói gyakorlatára 1945 és 1950 között Magyarországon

There was a legal differentiation between children born in and out of wedlock in 1945. The Hungarian State recognised that this differentiation was outdated, thus the Act XXIX of 1946 on the legal status of children born out of wedlock came into force on June 7, 1947. The aims of the Act were that it should cease the differentiation between children born in and out of wedlock and their legal status shall be equal to legitimate children, and the children born out of wedlock (illegitimate children) shall be related to their fathers and their fathers’ kin. It was the first comprehensive regulation regarding child support that came into effect. The study presents the regulations of child support between 1945 and 1950 in Hungary and discloses the court practice regarding child support of the District Court of Zalaegerszeg in the designated period.

List of unscrupulous (unfair) suppliers: improvement is necessary

The article shows legal and economical nature of unfair supplier list (black list) in Russian public procurement system, black list inclusion statistics, black list appeal court practice, problems and ways of improvement of this instrument, transformation to business reputation index.