Effects of Combined Hedging

This chapter provides a broad systemic overview of the regimes that regulate intellectual property and hedge exclusivity at the international level, focusing on the interplay of some of the core constitutional hedges in the international IP, investment law, and human rights fields. Such hedges include concepts of private rights (as well as negative rights), concepts of minimum standards, non-discrimination protections, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) as a comprehensive supra-national code, and IP protection via broad investment concepts. The chapter then discusses some potential effects of accumulation—that is, the impact of situations in which several constitutional hedges overlap and operate together on a state's ability to regulate IP rights. For the protection conferred by international IP treaties—such as the Paris Convention and the Berne Convention, as well as TRIPS and free trade agreements (FTAs)—this follows from the minimum standards principle, where a later treaty does not override or extinguish existing protections but simply adds to them. This accumulation effect means that states have to consider all forms of protection when deciding on a measure that potentially interferes with IP rights.

PERAN MASYARAKAT DALAM PERLINDUNGAN DAN PENGELOLAAN Bentuk PERALIHAN KEPEMILIKAN HAK ATAS LUKISAN DITINJAU DARI UNDANG-UNDANG NO. 28 TAHUN 2014 TENTANG HAK CIPTA

Indonesia memiliki jumlah penduduk yang sangat besar di dunia. Jumlah penduduk yang sangat besar tentu saja tidak bisa dilepaskan dengan hasil kebudayaan yang ikut tumbuh dengan banyak penduduk. Hasil kebudayaan itu bisa berupa musik, seni kriya, seni sastra, dan lain-lain.Selain itu, “karya cipta tidak lagi sekedar lahir karena semata-semata hasrat, perasaan, naluri, dan untuk kepuasan batin penciptanya sendiri tetapi dilahirkan karena keinginan untuk mengabdikan kepada suatu nilai atau sesuatu yang dipujanya kepada lingkungan maupun kepada manusia di sekelilingnya”. Hal-hal semacam ini tentunya patut mendapatkan perlindungan dari pemerintah agar tidak ditiru oleh orang lain. HaKI Sistem merupakan hak privat (private rights). Disinilah ciri khas HaKI. Seseorang bebas untuk mengajukan permohonan atau mendaftarkan karya intelektualnya atau tidak. Hak eksklusif yang diberikan Negara kepada individu pelaku HaKI (inventor, pencipta, pendesain dan sebagainya) tiada lain dimaksudkan sebagai penghargaan atas hasil karya (kreativitas)nya dan agar orang lain terangsang untuk dapat lebih lanjut mengembangkannya lagi, sehingga dengan sistem HaKI tersebut kepentingan masyarakat ditentukan melalui mekanisme pasar. Dengan dukungan dokumentasi yang baik tersebut, diharapkan masyarakat dapat memanfaatkannya dengan maksimal untuk keperluan hidupnya atau mengembangkannya lebih lanjut untuk memberikan nilai tambah yang lebih tinggi lagi.

Personal Rights and Public Health: Legal Basis of Balance in a Pandemic

In a pandemic, it is not easy for many European countries to resolve new legal dilemmas based on values and individual freedoms. Therefore, the author have chosen as the object of this article the legal balance of private rights and public health in a pandemic, and the subject is justification of legal grounds for restricting some rights and freedoms for the implementation of others. The source base of the study is international and national regulations, expert judgments on human rights. The methodological basis of the study is a human-centered, value-oriented approach, which is a part of the concept of private law of the Western tradition. The main research goal of the article is to analyze the legal means chosen by the domestic authorities to influence the balance of private rights and public interests in a pandemic on the basis of comparing the values protected by law. As you know, a significant proportion of countries have applied restrictive measures at various levels, bans and restrictions have been imposed on the exercise of a number of citizens’ rights: freedom of movement, peaceful assembly (including religious), work, education, health care. During the discussion of the problem of limiting the share of human rights, two opposing theoretical doctrines were formed: the first doctrine insists on the observance of human rights under any circumstances, the second doctrine justifies the need to limit human rights by accepting the inconvenience. From the above analysis of international and domestic legal acts, the arguments of experts, an important intermediate conclusion follows that the value of health is a necessary component of a modern understanding of the well-being of both the individual and society as a whole. Thus, a socially significant goal of saving lives, as well as reducing risks to public health is a sufficient basis for legitimate interference in other private rights of citizens. The study confirms the initial hypothesis that human life and health belong to the highest level of social values and take precedence over other personal goods and subjective rights. Although the human rights to education, work, freedom of movement, and peaceful assembly are fundamental and recognized in the European legal tradition as the basis for human development and self-esteem, the content of the public interest in saving lives and protecting them in a pandemic prevails. Therefore, the legislature has the right to formulate special rules of conduct for all subjects of law, including those that restrict to some extent human rights and freedoms.

Peculiarities of protection of private rights by non-jurisdiction methods of settlement of legal disputes (conflicts)

Introduction. Adoption of new laws of civil and substantive law, the novelty of legal relations governed by the rules of these laws, the complexity of civil conflicts arising from these legal relations, require a high level of legal protection, compliance with the rule of law by all members of society. Only the law allows interested parties to choose the form of protection. This form can be traditional – jurisdictional (provides for the establishment of a body and procedure for the protection of violated rights), and non-jurisdictional (but certainly allowed by law), which may resort to interested parties. obstacle to the exercise of the right. Resolution of legal conflicts is possible not only through a jurisdictional form of protection. A non-jurisdictional form of protection of civil rights is the independent protection of a person of his violated rights. That is, the person does not apply to the competent state authorities. In fact, it is the commission of actual actions aimed at protecting and securing their personal property and other non-property rights. The purpose of the paper is a thorough study of models of non-jurisdictional protection of property rights in the system of protection of civil rights by analyzing the theoretical and practical aspects of using alternative methods of protection of private rights in general and mediation. Result. It is determined that the non-jurisdictional form of protection of civil rights is the actions of citizens and organizations aimed at protecting their own civil rights, freedoms, and legally protected interests. It is noted that these actions are carried out and implemented by eligible entities independently, without seeking legal assistance from government agencies and structures, as well as officials. It is determined that the mechanism of legal protection is implemented in non-jurisdictional ways in the field of legal regulation when it is necessary to overcome and eliminate obstacles that arise in the exercise of rights and legitimate interests of the subject of law, in other words – to quickly protect (ensure) legal status. It is determined that in international practice, namely in European countries, the basis of non-jurisdictional protection of property rights is mainly in the use of negotiation and mediation procedures. Non-jurisdictional form, which is usually local in nature, is achieved as a result of actual actions, occurs not in jurisdictional or procedural forms, but within the protected substantive legal relations, which are the subjects of such legal relations (usually imply The main difference between jurisdictional and non-jurisdictional forms of protection of rights is that the protection of rights in jurisdictional form is carried out by the competent state and public authorities with each of them a certain procedural order of activity, while protection in a non-jurisdictional form takes place within the framework of a substantive legal relationship and is carried out by the parties themselves in the legal relationship. Conclusion. The study proves that in Ukraine, priority should be given to the development of various forms of out-of-court dispute resolution. The basis for this should be the legislative consolidation of out-of-court settlement of civil disputes as one of the basic principles of protection of violated private rights (of course, without revoking or replacing the right to judicial protection). Non-jurisdictional methods of protection of private rights are defined in the legislation of Ukraine and can be used due to the dispositive nature of the civil law method of regulation. However, this is insufficient, as participants in civil legal relations in case of violation of their rights are primarily confronted in the law with a defined right to judicial protection of violated rights, and often consider the court as the only possible form of protection.

As transformações da justiça medieval ibérica entre os séculos XIII e XV

The concept of justice came to be transformed in the medieval era in the Latin West, particularly between the thirteenth and fifteenth centuries, due to ongoing shifts in the political and institutional fields. Monarchies became institutionalized due to the influence of debates proposed by the University of Bologna generating the construction of a legal culture systematizing the concepts and criteria for the exercise of justice without abandoning the relationship between these theories and the social context to which it was destined. Municipal representatives came to play an increasingly important role in events such as the rise of the Joanine Dynasty in Portugal (1383-5) and their aspirations and worldview would be sought out as one of the currencies of exchange for the granting of support, reflected in the legislation and in the legal collections developed by descendants of John I of Avis, such as the Alfonsine Ordinations. This constituted a space in which private rights overlapped with the Common Law emanating from the royal court and which crystallized a tendency towards Portuguese legal singularity promoting the hierarchization of the sources of law available in Latin. This work is developed from historical criticism applied to documentary content, Las Siete Partidas del muy noble Rey Don Alfonso el Sabio, Livro das Leis e Posturas, and the Ordenações Afonsinas.