A Comparative Study on the Protection of Economic Rights of Performers in the International Treaties under the WIPO System and in IP 5 Countries in the Digital Era - Focused on U.S., Europe, Japan, China and Korea -

2021 ◽  
Vol 69 ◽  
pp. 299-355
Author(s):  
Ji-Young HAN ◽  
2020 ◽  
Vol 28 (2) ◽  
pp. 298-318
Author(s):  
Roman Girma Teshome

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.


Axioms ◽  
2019 ◽  
Vol 8 (2) ◽  
pp. 53 ◽  
Author(s):  
Fevrier Valdez ◽  
Oscar Castillo ◽  
Camilo Caraveo ◽  
Cinthia Peraza

Currently, we are in the digital era, where robotics, with the help of the Internet of Things (IoT), is exponentially advancing, and in the technology market we can find multiple devices for achieving these systems, such as the Raspberry Pi, Arduino, and so on. The use of these devices makes our work easier regarding processing information or controlling physical mechanisms, as some of these devices have microcontrollers or microprocessors. One of the main challenges in speed control applications is to make the decision to use a fuzzy logic control (FLC) system instead of a conventional controller system, such as a proportional integral (PI) or a proportional integral-derivative (PID). The main contribution of this paper is the design, integration, and comparative study of the use of these three types of controllers—FLC, PI, and PID—for the speed control of a robot built using the Lego Mindstorms EV3 kit. The root mean square error (RMSE) and the settling time were used as metrics to validate the performance of the speed control obtained with the controllers proposed in this paper.


Author(s):  
Andrei D. Bezuglov ◽  

Introduction. The constitutional and legal status of persons who are not citizens of Russia is directly related to their political, social, personal and economic rights and freedoms. This raises the problem of correctly determining the status of persons who do not have Russian citizenship due to the fact that the legislation contains many provisions covering the totality of legal relations related to the status of a foreign citizen and a stateless person, where the personal and social rights of a person do not depend on his / her citizenship of another state. Theoretical analysis. The article examines the content of the constitutional status of non-citizens on the territory of Russia. It follows from the content of the first chapter of the Constitution of the Russian Federation that the concept of personality includes any person who is both a citizen and a foreign citizen, or a stateless person, therefore, the rights and obligations established in relation to a person apply to non-citizens. Empirical analysis. The analysis of many rights guaranteed by the Constitution of the Russian Federation revealed that they are not related to citizenship and apply to all people, therefore, non-citizens should have the ability, enshrined at the constitutional level, to protect their rights in case of their violation by contacting state bodies and local self-government bodies. Results. Non-citizens enjoy the rights and bear obligations on the equal basis with the citizens of the Russian Federation, taking into account the peculiarities and restrictions established by federal laws and international treaties. There is a promising opportunity to improve Russian legislation by identifying an independent term of “non-citizens”, which will unite foreign citizens and stateless persons in order to implement comprehensive legal regulation for this category of persons.


2020 ◽  
Vol 9 (3) ◽  
pp. 719
Author(s):  
Mohamad ALSHIBLE

No one in the world does not know what Corona is as a global pandemic, which the Secretary-General of the WHO has declared as ‘the enemy of humanity’. Yes, it is the enemy of humanity; the whole humans rose up to prevent it through several aspects. We are – as lawmen – responsible for the legal sides. All of us have become so miserable that many sciences are terrified of rumors and false news. The real news leaves pain in the souls, so what about that are false, whether it was broadcast or transmitted with intent or unintentionally The main objective of this article is to examine the Jordanian legislator attitude in regard of social media rumors during Corona pandemic (COVID19), in comparative to the Chinese legislator. The study shows that the opportunity to punish rumors at the time of the pandemic may be unavailable or weak and not coherent in Jordanian laws in comparison with other legislations, especially in Chinese laws. The study will also show if rumors were included in relative International treaties. The In respect to the methodology of this article, the author followed the descriptive and analytical approaches of the related Jordanian Penal laws in comparative with the Chinese Regulations in cybercrimes, by explaining the extent to which rumor crimes is punished in Jordan according to legal methods of analysis in comparative to the Chinese legal attitude.


Author(s):  
D. M. Tsukerblat ◽  
A. I. Markeev

The authors investigate into the rules contained in the international treaties, Russian existing laws and judicial routine related to exclusiveness of authors’ rights. The character of social changes in the digital era were specified. Several types of legal relations remain traditional, however in today’s information society has to revise existing laws in which authors rights dominate over information user interests. At the same time, the authors re underprotected from piracy. Legislators have to prioritize in the first place who and from whom must be protected in the information society: the authros from pirates, intellectual property from plagiarism, or the users from actualaccessible information. Secondly, the rights of new knowledge have to be managed and efficient ways to righ t-ful transfer of accumulated knowledge to users have to be found. Implementation of information technologies into libraries and access to digital information resources change radically the quality of library services. The authors challenged themselves with attracting attention to the problems of information society in Russia.


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