THE MAIN PRINCIPLES OF INVENTION PROTECTION
This article discusses the main principles of invention protection in which it makes a comparison between Jordanian law and Romanian law regarding invention protection.
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This article discusses the main principles of invention protection in which it makes a comparison between Jordanian law and Romanian law regarding invention protection.
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This article is about the substantive conditions for granting patents in general and explaining each condition separately.
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The contemporary discourse on human rights is a discourse in which its participants are using the language of polarization, exclusion and stigmatization towards various social groups, e.g. Ukrainians, women, migrants, refugees, LGBT. The inalienable and universal nature of human rights is being questioned as well as an equality before the law. In political communication, the language of discrediting political opponents is increasingly used, as well as the rhetoric of fear, aversion and hostility towards "strangers" is used. This is because the contemporary public discourse on human rights is increasingly infected with mis(dis)information and malicious information and its participants – from Kremlin propagandists to national agents of influence – use the manipulative infrastructure of social media.
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Sociology as one of the social sciences is an empirical science and its research is based on facts. Sociologists use the concept of social facts, meaning ways of proceeding that can be distinguished from among various behaviours common in society. However, these are phenomena whose features clearly differ from phenomena studied by other sciences. In this work, the author wanted to take a closer look at the influence of the sociology of law on the broadly understood constitutional law, because in recent years the literature has not paid much attention to this issue. In this work, the author, based on the definition of constitutional law in the broad sense, and thus not limited only to the analysis of the codified constitutions, will try to indicate the important role of sociology and its research methods in the dogmatic study of this area of law. In the first place, the work will discuss examples showing the important role of sociology of law in establishing new and interpreting the existing law - on the example of religious law, the law of local self-government, the states of emergency law. This discussion will be supported by references to examples of legislation from various countries and by referring to the opinions of various legal theorists. Then the author will move on to an even broader approach to constitutional law, as the perspectives of international constitutionalism, i.e., acts of international law, including those recognized by some as international constitutions and their sociological and legal analysis. The considerations presented in the paper are aimed at showing the important role of sociological sciences in the contemporary science of constitutional law.
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John Finnis is one of the most influential contemporary scholars in the fields of legal theory, philosophy of law, and constitutional law. He is also the author of a large number of articles devoted to relevant bioethical topics. Writing from a Catholic theological perspective, Finnis advocates a conservative position regarding a number of controversial issues in reproductive ethics, such as the problem of the justification of abortion, the moral and legal status of the embryo, and new reproductive technologies. Strong opposition to the legal admissibility of abortion prompted him to become involved in constitutional debates in the United States, where he has continuously advocated abandoning the interpretation of the 14th Amendment, as offered, among others, in the landmark US Supreme Court’s decision in Roe v Wade (1973). During the proceedings in Dobbs v Jackson Women’s Health Organization, together with Robert George (another proponent of the conservative bioethical thought and Finnis’s companion from the “new natural law” movement), Finnis argued as amicus curiae to overturn Roe v Wade. The paper will compare the arguments presented in the Amicus Brief written by these two authors, as well as Finnis’s arguments offered in earlier articles, with the Supreme Court’s argumentation in Dobbs v Jackson. The originalist character of Finnis’s reading of the 14th Amendment will be assessed, as well as the connection of the Supreme Court’s arguments stated in the Dobbs decision with the originalist method of constitutional interpretation. In conclusion, the question of how slippery the slope has been created by the Court’s denial that the right to privacy, as one of the unenumerated constitutional rights, represents the basis for the right to abortion will be explored.
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The author starts from the assumption that the purpose of the law is important when interpreting the text of the law. The problem is that legal scholars, especially those belonging to American jurisprudence, have different understandings of the concept of purpose. In addition, it is often identified with the understanding of legislative intent. Such terminological wandering significantly complicates the interpretation of legal norms. Therefore, in addition to a more precise determination of the purpose of the law, it would be useful to distinguish between the two concepts in order to obtain a functional solution. Contrary to the various theories that introduce confusion and make judges’ work difficult, the mentioned approach could be helpful in solving specific interpretive problems.
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This article studies various forms and methods of using artificial intelligence systems in civil legal relations. It also considers a correlation between the concepts of civil, economic, and digital civil turnover. Special attention is paid to the turnover of artificial intelligence systems as an economic benefit enjoyed by their creators. The analysis of the existing approaches to understanding the legal nature of artificial intelligence shows that the Russian legal doctrine currently defines artificial intelligence as an object of law. The rights to an artificial intelligence system as an object of civil turnover are specified. The features of this turnover are revealed. Based on the results obtained, it is concluded that virtual goods can be involved in the turnover only if they are associated with an economic (property) value because the latter determines whether there is actual demand in them among the participants of the property turnover and sets out its role in the property turnover. Possible amendments to the civil legislation and regulation of the transfer of the rights to the artificial intelligence system as a complex object of intellectual property are discussed.
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This article discusses the results of an analysis of the social purpose of criminal law, which is perceived as a separate branch of law. The most common doctrinal views on the social origins of criminal law as a social regulator were considered. Based on the results obtained, a new vision of the problem was proposed and the concepts under study were redefined. The protection of social values by criminal law was emphasized as the background for strong public relations. The mechanism of infringing the values and their bearers (physical and legal entities, the entire society and state), as well as the social ties in various spheres of human activities arising from these values, were covered. From this perspective, the causes of many controversies in the theory of the general part of criminal law can be explained. Additionally, the existing disputes over some of its problematic issues can be settled, such as those in the theory of the object of crime in order to reconcile the upholders of the view that any object of crime concerns social relations with the supporters of the concept of interest (good) and alternative points of view. The above specified approach to unfolding the social purpose of criminal law enables further comprehensive studying of its functional potential because it demonstrates more clearly that the origins and functions of law make it a social regulator with regard to changes that it should and can induce in the objective reality.
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Restorative justice makes its presence felt more and more in world legislation, but also in national legislation. Worldwide, it is characterized by a strong development, which makes it increasingly accepted in practice. It is a justice full of understanding, which is concerned with the needs of the victims of the crime. Supporters of restorative justice have in mind the observance of a set of values, which we also find in Romanian legislation, at the institution of mediation.
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C.M.R. was signed in Geneva on May 19, 1959. This convention uniformly regulates the general conditions under which the contract for the carriage of goods by road is concluded and performed, represented by the "C.M.R. consignment note". C.M.R. shall apply to any international carriage of goods, where, for such carriage, a contract for the carriage of goods by road has been concluded, if the place of receipt of the goods and the place provided for release, as indicated in the contract, are located in two different countries, of which at least one is the contracting country, regardless of the domicile and nationality of the contracting parties.
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In the specialized doctrine, starting from the way of regulating the execution, it has been constantly shown that the execution is essentially of a civil nature. This presupposes that even when the writ of execution is represented not only by a tax claim but also by a court decision, more precisely by the civil provisions contained in a criminal judgment, the competence to resolve the enforcement appeal rests with the court as a court execution.
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Politics, economy, law ... the present study tries to clarify the existence of a connection between these three representative fields for the evolution of any state, and to highlight their influence on respecting and promoting human rights. In this essay we start from an analysis of the evolution of human society on all continents of the world.
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The text discusses selected legal solutions used to deal with the coronavirus pandemic and restrictions on freedom of movement and religion in the Hellenic Republic introduced on their basis. The restrictions introduced in the initial phase of the pandemic, in the period between March and July 2020, were analyzed in terms of compliance with the proportionality principle. The main legal instrument used to deal with the pandemic were the ordinances of the President of the Republic. These are normative acts issued by the President of the Republic at the request of the Council of Ministers. Based on these regulations, the Council of Ministers reacted relatively quickly to the changing conditions caused by the pandemic, in particular the increase in the number of infections. The greatest limitations of constitutional freedoms and rights concerned freedom of movement. Greek citizens had to obtain a pass in the form of an SMS message each time. The pass system was met with reluctance by the Greek public. In particular, the rules for the collection and processing of personal data were not defined as a legal act. The rulers issued only soft law document. There were also doubts about the unlimited storage time of data of patients suffering from coronavirus and the method of anonymizing data obtained from passes. Regarding freedom of religion, Greece has generally banned religious practice in temples by persons other than those directly celebrating.The disease statistics show that the measures chosen by Greece during the period under review have been successful. The state handled the pandemic relatively well. Whereas, the courts recognized the compliance of the adopted restrictions with the Constitution.
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Regulation of days off for employees belonging to another religious cult, some measures to prevent and combat the effects of the COVID-19 pandemic,, support measures for employees and employers, reduction of working time, granting allowances and telework increased fines for additional work and regulation more Precise discrimination are legislative aspects that affect the Labor Code in 2020. The amendment to the Labor Code requires the introduction of alternative forms of flexibility at work, to allow employees to achieve a better balance between family life and work and also, in the context of the current pandemic, to protect their health and family. Among these new forms of work are proposed the bank of working hours, compressed working week, work on duty or on a permanent basis, sharing the work schedule, The Labor Code has not been amended since its inception in 2003 in regarding the flexible working solutions they regulate, although market conditions even required additional effects of the pandemic The current economic context influenced by the exceptional measures adopted in Romania determined by the Covid-19 pandemic requires that labor legislation become more flexible, especially in terms of flexi-labor solutions. Also, both the business environment and the employees have been asking for years for the relaxation of work programs, so as to give them greater flexibility. ”According to them, the relaunch of the Romanian economy can be done only in the conditions in which they will be implemented. Real measures to adapt and make the labor market more flexible, so that in the current context dominated by the effects of the pandemic, employees can achieve a real balance between family life and work. These changes were inspired by the German model, called the Kurzarbeit program, flexible work programs The employer and the employee establish by contract the duration of working time, expressed as the total number of hours to be provided by the employee in a month. Depending on the total duration of the employee's working time, it will be determined whether the employee works full time or part time. The daily duration of working time is agreed by the employer and the employee at the beginning of each month or at the beginning of each week, so that at the end of the month the cumulative number of hours is equal to the number agreed in the working hours bank. The average working hours may not exceed 40 hours per week, and the employer and the employee may agree that the working hours be provided at the employer's premises, at the employee's home or in another place than the work organized by the employer, using information and communication technology. Compressed working week The employer and the employee establish by the employment contract the distribution of the work schedule, so that from the compression of the working days to the employee results a day of weekly rest, related to the agreed working time. Work on call ("on call") Work on duty is performed by the employee, usually in shifts, the employee can work at the employer's premises, at the premises of a third party, at home or elsewhere than workplace organized by the employer, using information and communication technology. During the entire period of on-call work, the employee will be available to the employer, who will always have the opportunity to call the employee to work or to a third party, to provide work based on intervention, or to request the provision of work by means of communication at a distance, at any time from the type of work performed on duty. Permanent work The employer and the employee establish through the employment contract the distribution of the work schedule, in long shifts of two or three weeks, in which the employees could not leave the perimeter of the employer's workplace, being provided with food and accommodation. For employees who work permanently, the employer will provide in the perimeter of the employer's workplace adequate food, accommodation and recreation, so that during permanent work employees do not travel home, but remain in this perimeter. Given the restrictions applied to employees regarding the development of daily rest time and weekly rest in the perimeter of the workplace, employees will benefit from a salary increase, isolation increase, established by the collective labor contract or, as the case may be, by the individual contract for work.
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Subrogation is the mechanism through which, by convention or under the law, the creditor's claim is transmitted to another person who has made or facilitated the payment, as the case may be. Subrogation is both a method of payment and a way of transmitting the debt. As a means of transmitting the claim, the subrogation consists in replacing the initial creditor with another person, who, paying the debt, becomes the debtor's creditor. In modern law, personal subrogation has gained great practical applicability, becoming one of the institutions widely used in civil legal relations, especially in insurance or in the field of international commercial contracts.
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The role of the European Court of Human Rights is to ensure that fundamental rights are respected by the signatory states of the European Convention on Human Rights. In order to carry out this task, the Court shall examine complaints lodged by individuals or States and shall give its decision. It is mandatory and must be implemented by the targeted state.
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The relationship between law and the individual or between the subject who becomes the subject of law when reviewed by law has been the topic of many philosophical debates. In the present article, this relationship is considered in the form of a distance, such that law appears external to both the individual and his life. If this is true through a purely empirical and phenomenological approach to the everyday life of the subject both from a Kelsian and Kantian perspective, Nietzsche’s perspective on conventional morality does not oppose the distance between law and the individual or the external nature of law to life, to which law, indeed, is foreign. Nietzsche does offer, however, additional meaning to that distance, by evaluating the origin of law and the kind of life law is external to. The hermeneutical circle starts with Kelsen’s perspective under the Kantian influence and ends with Nietzschean considerations, closing the hermeneutical circle with Nietzsche’s contradiction of his own premises.
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The network has become a dominant form of contemporary thinking, the constitutive metaphor being reinvented during the explosion of reticular techniques – the Internet and planetary telecommunications networks. It seems to draw the invisible infrastructure of contemporary society. The figure of the network tends to define the ways of thinking, being ubiquitous in all disciplines, from biology to sociology, from law to computer science etc., because the hidden structure of the complexity of today's society is the network that dominates and shapes it.
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This paper analyzes the design of an interagency public policy between the Ministry of Defense and the Ministry of Security of the Argentine Republic to address the problem of “illegal” fishing in the South Atlantic. The design and implementation of this policy, through the Federal Security Force, the Argentine Naval Prefecture and the Joint Maritime Command, was the result of the normative framework and the clash of interests between those agencies and not a consequence of a securitization process promoted, mainly, by the United States, as a response to the participation of the People’s Republic of China in different regional issues, among them, fishing in Latin America.
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The second half of the 20th century in Poland was full of momentous events. The consequences of many of them had their repercussions on the ground of application of law. The aftermath of World War II, the Stalinist period, the events of March 1968, people fleeing abroad, new socialist laws and systemic education, the functioning of the socialist economy, or the systemic changes of the 1990s are only the most significant events, the legal consequences of which are still felt today. Most of these events are still discussed in the media and political space at the beginning of the third decade of the 21st century. Current lawyers are also sometimes involved in resolving these long-standing issues both with their clients and in the public space.The study demonstrates that due to the passage of time, legal and cultural changes, the events of the past are less and less frequent among Polish jurists. Media and political reports are created artificially without support in the actual work of the Polish judiciary and lawyers. Polish legal professionals emphasise that old cases from the 20th century are increasingly rare in their professional practice, while media reports are exaggerated.The research was based on interviews with representatives of Polish bar associations of advocates and legal advisers across the country. It was conducted using semi-structured interviews and content analysis. The research belongs to the paradigm of sociology of law and oral history.
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