Basis and Terms of the Transfer of Subsoil Use Rights: Legislation and Arbitrage Practice

The article examines the institution of the transfer of subsoil use rights provided per license. Characteristics of basis and terms of such transfer are given. The terms for the transfer of rights are analyzed for their sufficiency to ensure effective and rational use of subsoil. The author provides an overview of judicial practice on invalidation of license renewal acts, application of restitution rule in case of transaction’s invalidity, compliance with the terms for the transfer. It is concluded that the current legal mechanism for the subsoil rights transfer has a number of defects. There is no clarity on applicability of civil law in case of transaction invalidity. The law provides neither criteria for the compliance with the transfer terms, nor a mechanism for checking their observance. There is no uniformity in establishing transition terms for different basis.

Transfer of Land Use Rights in Rural China and Farmers’ Utility: How to Select an Optimal Payment Mode of Land Increment Income

Background: The distribution of farmers’ increment income is the key to the transfer of land use rights. This research aims to detect the optimal payment mode for the distribution of land increment income obtained by farmers in land rights transfer. Methods: The research relied on case analysis, mathematical analysis, and numerical simulation. Results: According to China’s existing payment modes for the increment income of rural collectively owned operating construction land (RCOCL), we summarized these payment modes into three: namely, lump-sum currency payment, a mixed payment of pension and lump-sum currency, and a mixed payment of dividend and lump-sum currency. If the land transfer price of RCOCL is lower than a specific value, the lump-sum currency payment will be optimal for farmers. Suppose the land transfer price is higher than this value. If the enterprise’s profit margin is higher than the pension rate of return, the mixed payment of dividend and lump-sum currency will be optimal; if not, the mixed payment of pension and lump-sum currency will be optimal. Conclusions: Differences in regions, enterprise attributes, and farmers’ characteristics will make the optimal proportion of pension or stock capital in land increment income (OPPSC) different. Generally, OPPSC is often between 40% and 60%.

Income Distribution of Forest Rights Transfer Cooperation Based on Game Theory: A Case of China

Forest resources primarily characterize the terrestrial ecosystem and forest ecosystem is an important part of the global carbon cycle. Multiple participants to complete the large-scale production of forestland can effectively achieve carbon neutrality and realize the economic benefits of the forest industry, requiring far-reaching changes in the way forestland is managed. It is imminent to promote forest rights transfer between forest farmers and social capital. Based on the evolutionary game theory, we find that income distribution is a significant factor affecting the stable cooperation between business enterprises and forest farmers. To distribute income effectively within this cooperative framework, whereby farmers transfer their forest rights in different ways, we use a trapezoidal fuzzy number weighting method. This method improves the traditional Shapley value based on the investment and risk level of each participant in the cooperative alliance. Using a case study of forest rights transfer in Xin’tai city of China, we show that the improved Shapley value method can optimize the income distribution of forest rights transfer and ensure that all parties obtain long-term and stable benefits.

PERBUATAN MELAWAN HUKUM AKIBAT PERALIHAN HAK MILIK TANAH DITINJAU DARI PASAL 1365 KUH PERDATA DAN PASAL 26 UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA DAN PP NO. 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH (Studi Kasus Putusan Pengadilan Negeri Jakarta Barat 252/Pdt.G/2018/Pn Jkt.Brt)

Property rights to land are the strongest and fullest inherited rights that can be owned over land and Transfer of ownership rights to land is the transfer or transfer of ownership rights to a plot of land or several parcels of land from the original owner to the new owner due to something or certain legal actions. The legal act of transferring rights is aimed at transferring land rights to another party permanently (in this case the legal subject meets the requirements as the holder of land rights). Transfer of land rights can occur because of transfer or transfer. Switching, for example because of inheritance while it is transferred, for example on the basis of sale and purchase, exchange, grants, will grants and other legal acts of transfer of rights.

OWNERSHIP RIGHTS TRANSFER OF OFFICIAL RESIDENCE LAND

In a legal state, land has a very important role in human life. It can determine the existence and the sustainability of legal actions. In its development, the government or private sector companies provide Official Residences to their employees, or what may be called a state house. Based on the law, the Official Residence is a building owned by the state, and functions as a residence or a dwelling. It serves as a developmental facility for families and supports the job implementation of officials and/or government employees. The humans’ need for land as a place of dwelling may cause conflicts regarding the provision of the Official Residence. The method used in this research is the juridical-normative method. It uses secondary data. The ownership rights transfer of the Official Residence to private sectors may happen without violation of the constitution, as it is regulated in the Presidential Decree No. 11 of 2008 which states that the tenant may own the Official Residence with some conditions. For example, the house must be an Official Residence Group III. The rightful tenant must file a request to its related Department. Then, the tenant and the related department create a Lease Agreement. After the tenant settles the debt, he/she may own the house.

The monopoly leverage theory and tying/ bundling arrangement in intellectual property rights transfer contracts

The exclusive essence and importance of intellectual property rights in production and business provide the owners with a competition advantage, even monopoly power, in the related market. To maximize profit and retain the monopoly position, owners tend to use intellectual property rights as a monopoly leverage to require the transferee to accept the tying arrangement as a condition for the transfer. Monopoly leveraging is defined as the use of monopoly power in one market as leverage to obtain a competitive advantage in a second market. From the perspective of competition law, the theory of leverage is used to explain the cases of businesses abusing market power (monopoly) obtained from intellectual property rights to limit competition. This paper addresses the utilization of monopoly leverage theory to explain the owepractices of tying arrangement in intellectual property rights transfer contracts.

MUSEUM EXHIBITION VERSUS COPYRIGHT

Organisation of exhibitions from the point of view of copyright (Act on Copyright and Related Rights of 4 Feb. 1994, further copyright) is a multifaceted issue. The analysis conducted in the paper boils down to some selected aspects: beginning with the right to display, through exhibition as a separate copyrighted work, up to the exhibition author, namely curator. When purchasing items for collections or acquiring them on the ground of a loan contract, museums should make sure the work can be exploited through public display. Such agreement can be either expressed in the contract (rights or licence transfer) or can be implicit (it can be then assumed that non-exclusive licence with all its limitations has been transferred). Furthermore, the construction of fair use from Art. 32.1 of Act on Copyright can be applicable. An issue apart is the question of exhibition as a separate copyrighted work. It can be a co-authored work in the case when it combines creative efforts of e.g. curator and author of the exhibition layout. The article analyses exhibition understood as a collection of exhibits selected and arranged following a script or presented following a layout in order to fulfil the assumptions of a derivative work (Art. 2 Act on Copyright) or a collection (Art. 3 Act on Copyright). As a result of the assumption that exhibition is a work, the curator becomes an author, thus will have copyright to the created work. Depending on the formal curator-museum relationship, the author’s economic rights shall either be transferred to the museum (employee’s work, specific-task contract with rights transfer or licence granting), or shall exceptionally remain with the author.