scholarly journals EXPERIENCE OF CRIMINAL LAW PROTECTION OF INTELLECTUAL PROPERTY IN THE STATES — CIS PARTICIPANTS AGAINST THE BACKGROUND OF COMPARATIVE LAW

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Сергей Щерба ◽  
Syergyey yerba
Keyword(s):  
Intellectual Property ◽  
International Cooperation ◽  
Criminal Law ◽  
Comparative Law ◽  
Regulatory Framework ◽  
Legislative Regulation

Against the background of comparative law the article examines experience of legislative regulation of criminal law protection of intellectual property against criminal attacks in the states – CIS participants, it also discloses the possibilities of harmonization and unification of the criminal law of the Commonwealth countries regarding the acts infringing upon copyright and related rights, in order to create a single regulatory framework for international cooperation in this field.

The Grammar of Criminal Law

2019 ◽  
Author(s):  
George P. Fletcher
Keyword(s):  
United States ◽  
International Cooperation ◽  
Criminal Law ◽  
International Criminal ◽  
The United States ◽  
International Order ◽  
International Criminal Law ◽  
Self Interest ◽  
The Future

This book is an invitation to readers interested in the future of international cooperation to master the 12 basic dichotomies of international criminal law. The book foresees a growing interest in international order and cooperation following the current preoccupation, in Europe as well as the United States, with national self-interest. By emphasizing basic dichotomies, for example, acts vs. omissions and causation vs. background conditions, the book reinforces the jurisprudential foundations of international criminal law and also provides an easy way to master the details of the field.

The Politics of International Regime Complexity

2009 ◽  
Vol 7 (1) ◽  
pp. 13-24 ◽  
Author(s):  
Karen J. Alter ◽  
Sophie Meunier
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
International Cooperation ◽  
International Regimes ◽  
International Regime ◽  
Introductory Essay ◽  
Election Monitoring ◽  
International Obligations

The increasing density of international regimes has contributed to the proliferation of overlap across agreements, conflicts among international obligations, and confusion regarding what international and bilateral obligations cover an issue. This symposium examines the consequences of this “international regime complexity” for subsequent politics. What analytical insights can be gained by thinking about any single agreement as being embedded in a larger web of international rules and regimes? Karen Alter and Sophie Meunier's introductory essay defines international regime complexity and identifies the mechanisms through which it may influence the politics of international cooperation. Short contributions analyze how international regime complexity affects politics in specific issue areas: trade (Christina Davis), linkages between human rights and trade (Emilie Hafner-Burton), intellectual property (Laurence Helfer), security politics (Stephanie Hofmann), refugee politics (Alexander Betts), and election monitoring (Judith Kelley). Daniel Drezner concludes by arguing that international regime complexity may well benefit the powerful more than others.

Coercive Persuasion As a Specific Type of Violence in Criminal Law

2020 ◽  
Vol 1 (1) ◽  
pp. 61-72
Author(s):  
Carlos Bardavío Antón
Keyword(s):  
Criminal Law ◽  
Comparative Law ◽  
Third Parties ◽  
Physical Injury ◽  
Comprehensive Understanding ◽  
Legal Doctrine ◽  
New Approach ◽  
Freedom Of Will ◽  
Definition Of ◽  
Regulatory Problems

The field of cults, and that of destructive or coercive cults in particular, has received little attention from the perspective of criminal law doctrine. Supporters of such groups often claim to be victims of a violation related to freedom of will. In this article, I consider various methodologies and manipulation techniques used by such groups and suggest that comparative law, criminal definitions, and regulatory problems provide the basis for a more comprehensive understanding of criminal phenomenology that includes these concerns: the loss of freedom through coercive persuasion, and thus being the victim of a crime, or through becoming an instrument for the commission of crimes ordered by third parties. Research shows that the conventional definition of crime against freedom of will and physical injury is inadequate. I posit that a new approach to legal doctrine and criminal classification is required to fight against new crime phenomenology. I propose a criminal classification aimed at considering coercive persuasion as a crime, and a definition for the criminalization of certain organizations that engage in willful misconduct or reckless conduct.

scholarly journals Confiscation of property as a criminal punishment

2021 ◽  
pp. 64-82
Author(s):  
М.Ф. Гареев
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
The State ◽  
Criminal Punishment ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Criminal Legislation

В статье рассматривается и обосновывается необходимость возобновления в уголовном праве института конфискации имущества в качестве уголовного наказания. Необходимость его возобновления обусловлена наличием ряда преступных деяний, представляющих угрозу обществу, государству, национальной безопасности Российской Федерации. В настоящее время законодательная регламентация конфискации имущества в качестве иной меры уголовноправового характера, вызванная неопределенностью его сущности, целевых установок и механизма назначения, не выполняет предупредительную задачу, установленную уголовным законодательством. The article discusses and substantiates the need to renew the institution of confiscation of property in criminal law as a criminal punishment. The need to resume it is due to the presence of a number of criminal acts that pose a threat to society, the state, and the national security of the Russian Federation. Currently, the legislative regulation of the confiscation of property as another measure of a criminal-legal nature, caused by the uncertainty of its essence, targets and the mechanism of appointment, does not fulfill the preventive task established by the criminal legislation.

scholarly journals The reaction to femicide in criminal law

Temida ◽  
2016 ◽  
Vol 19 (3-4) ◽  
pp. 431-451
Author(s):  
Ana Batricevic
Keyword(s):  
Violence Against Women ◽  
Criminal Law ◽  
Special Form ◽  
Comparative Law ◽  
The State ◽  
Criminal Offence ◽  
Global Problem ◽  
Efficient Suppression

Misogynous and sexist violence against women, which often results in death, represents a global problem. Numerous international and national legal instruments are dedicated to the prevention and sanctioning of violence against women. However, the reality implies that existing mechanisms of penal reaction to femicide, as its most extreme and brutal form, should be re-examined. Having in mind the frequency and severe consequences of this criminal offence and the discriminatory character of the message that the state sends by tolerating it or inadequately punishing its perpetrators, the author attempts to define femicide, to present basic forms of state reaction to femicide in comparative law as well as to analyze the features of femicide as an independent criminal offence. Arguing for the incrimination of femicide as an independent criminal offence, or as a special form of aggravated murder, the author points out that such solution could contribute to more precise observation of this form of crime, to a better estimation of the quality of the state? s reaction to it and to its more efficient suppression.

scholarly journals Criminal Law Protection of Personal Secrets in Hungary

2019 ◽  
Vol 8 (1) ◽  
pp. 23-42
Author(s):  
Viktor Bérces
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
Medical Profession ◽  
Comparative Law ◽  
Criminal Code ◽  
Privileged Information ◽  
Legal Norms ◽  
Procedural Law ◽  
Wide Perspective ◽  
Offending Behaviour

The study analyses in detail and from a wide perspective the criminal law regulation applicable to the protection of personal secrets in Hungarian law. The author presents the historical development and comparative law context of the criminal substantive legal norms which defend personal secrets, especially in view of persons whose occupations or professions require handling such privileged information. Several norms applicable to specific professions (the clergy, the medical profession, and attorneys at law) as well as their implications in the light of the provisions of criminal and civil procedural law are also explored. The author concludes that it would be advantageous to use the expression ‘occupation’ in a wider sense and that the Hungarian Criminal Code should exemplify the secrets which often occur in everyday life and the exposure of which fits into the offending behaviour. Also, criminal and civil procedure should use the same rules for the exemption of persons bound by secrecy from having to testify as witnesses.

The Relevance of Criminal Law in Intellectual Property Law Research

2021 ◽  
pp. 198-220
Author(s):  
Ajay K Sharma ◽  
Dipa Dube
Keyword(s):  
Intellectual Property ◽  
Criminal Law ◽  
The United States ◽  
Public Interests ◽  
The Public ◽  
The United Kingdom ◽  
Private Rights ◽  
Future Work ◽  
Ip Law ◽  
Economic Crimes

Intellectual property (IP) law protects the private rights of owners, while criminal law secures the public interests, for harm to the society. In the present technology-driven society, magnitude of IP violations, particularly, in the form of counterfeiting, etc. affect the interests of the general public, calling for the application of criminal law to ensure stringent IP protection. The intersection of IP and criminal law remains controversial, yet significant, as it is in the interest of those in the field to examine the provisions beyond the scope of private right regime, as a public policy that can have a direct impact on public interests. This chapter analyses the intersection of criminal law and IP through a blend of exploratory and analytical methods. First, the authors situate the criminal law discussion in the domain of IP rights and examine how far the elements of crime may be identified in IP violations. Second, the concept of economic crimes as distinct from conventional crimes is discussed. In this regard, the laws of India, the United Kingdom (UK), and the United States (US) are examined, along with the most recent international developments, to show the trend towards criminal enforcement as the best possible protection for legitimate businesses and consumers. The chapter leaves much scope for future work whereby a balanced response to counter IP violations may be designed to benefit innovation and development.

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