scholarly journals Procedures for Dispute Resolution or for Commercial Control?: Reinforcing the Status Quo in Internet Governance

2004 ◽  
Vol 18 (2) ◽  
pp. 31-52
Author(s):  
Jisuk Woo
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Status Quo ◽  
The Internet ◽  
Centralized Control ◽  
Role Of Government ◽  
Non Profit ◽  
Domain Names ◽  
Resolution System ◽  
The Status

This study examines how Internaet domain names came to be governed by ICANN, a non-governmental, non-profit private international organization, and investigates how domain name disputes are dealt with by its newly adopted UDRP(Uniform Dispute Resolution System). The analysis examines UDRP policy and rules, and empirically assesses the relationship between decisions of the proceedings and the different factors involved. The findings show that UDRP operates in ways that maximize the commercial interests of existing, large companies at the expense of interests of individuals and small, new companies. The current regime, gives priority to preempting intellectual property-related disputes to protect intellectual property rights, rather than coordinating the use of domain names by individuals and companies. In this process, the commercial status quo of the Internet is reinforced, and the Internet is ironically placed under the most centralized control because the UDRP system is forces upon all gTLD domain names. This paper concludes excluding government and relying on private ordering and self-governance for rule making and the procedures of alternative dispute resolution, may be dangerous to individual interests, especially when the role of government is excluded and individuals' participation remains low.

scholarly journals Prawo małoletnich do wolności od hazardu, uzależnienia od Internetu i gier komputerowych

2020 ◽  
Vol 6 ◽  
pp. 47-75
Author(s):  
Wioletta Pawska
Keyword(s):  
Sense Of Belonging ◽  
Status Quo ◽  
The Internet ◽  
Gaming Addiction ◽  
Online Environment ◽  
Parents And Children ◽  
The Status ◽  
Legislative Changes ◽  
The Right

The Right of Minors to Freedom from Gambling and Internet andGaming Addition The aim of the article is to highlight the dangers of gambling and Internet and gaming addiction of minors and young persons. The author is convinced that in the absence of positive legislative changes and if creators of games engaging young persons in gaming are not punished, children will not be safe in the online environment. There will not have any other lives than those in the games they play. Additionally, the most important thing is the role of the parents, guardians and teachers. They should talk to children about the problem, show them the dangers and organise better their free time – in an educational and carefree way. In accordance with the obligatory rules of custody, they should ensure them suitable development, safety and a sense of belonging. The teachers ought to support these activities. Summarising, if the status quo continues to be tolerated, minors and young person’s will be deprived of carefree life and suffer from harm and even sudden deaths. The author is sure that parents and children do not give enough attention to that and we should not take away from young person’s the joy of simple things letting them play in the Internet instead.

A Different Kind of Subprime: Risk Management in Microcredit Lenders and their Implications on Debtors

2018 ◽  
Author(s):  
Graeme Mckinnon-Nestman
Keyword(s):  
Risk Management ◽  
Financial Services ◽  
Management Practices ◽  
Status Quo ◽  
Turn Of The Century ◽  
The Internet ◽  
Developing Regions ◽  
Developed Economies ◽  
The Status ◽  
Shed Light

Microfinance is a movement which aims to promote financial inclusion and empower individuals through small loans (as well as other services) to finance business ventures in the developing world and beyond. Microfinance aims to meet the financial needs of individuals who are left out of the scope of more mainstream financial services, while avoiding the perceived shortfalls of traditional aid such as dependence. Along with the expansion of microfinancial institutions (MFIs) since the turn of the century and the proliferation of the internet, diligent and prudent management of these institutions has never been of greater importance. Though there is a lot of research on entrepreneurship, business, finance, andmanagement concerning more mainstream practices, it is clear that microfinance is at a frontier of modern commerce. Risk is basic to all business (as well as life in general) and in order for the microfinance movement to maintain its growth, it must be self-sustaining while maintaining its ability to assist meaningful development. This presentation will compare the risk management practices standard to MFIs now, as well as look at how risk is fundamentally different to small entrepreneurship in developing regions in comparison to developed economies. In doing so, it should shed light on the financing needs and realities of target individuals and see how MFIs in the status quo are able to meet them. From this we should seewhere the shortfalls currently lie and where things may be improved.

Enercon India v. Enercon GmbH: Concluded Contract, Arbitration and Intellectual Property

2014 ◽  
pp. 1-12
Author(s):  
Anurag K. Agarwal
Keyword(s):  
Technology Transfer ◽  
Intellectual Property ◽  
Dispute Resolution ◽  
Resolution Method ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Doing Business ◽  
The Status ◽  
Court Proceedings

The case deals with the issues of technology transfer and protection of intellectual property in an international contract, with the International commercial arbitration as the dispute resolution method. The case highlights the distrust between parties when they do not want to continue doing business together and the use of legal technicalities to delay the matter from settling and utter confusion due to international nature of contract, multiple court proceedings in different countries and even questioning the status of the contract – whether a concluded contract or not.

Methods for Combating Unfair Competition in the Intellectual Property Market in Russia and Abroad

2020 ◽  
Vol 10 (2) ◽  
pp. 477
Author(s):  
Olga Nicolaevna BYKOVA ◽  
Andrey Petrovich GARNOV ◽  
Marina Valentinovna MILONOVA ◽  
Ekaterina Vladimirovna TROKHOVA ◽  
Lada Victorovna PROGUNOVA ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Copyright Protection ◽  
Unfair Competition ◽  
Verbal Description ◽  
The Internet ◽  
Property Market ◽  
Economic Relations ◽  
Domain Names ◽  
International Registry ◽  
The Russian Federation

Purpose: to reveal the characteristics of unfair competition in the intellectual property market in the Russian Federation and abroad and propose measures to combat such competition. Main results: Recommendations are presented for improving the methods for combating unfair competition in the intellectual property market. The authors propose methods which can be implemented by means of copyright protection both in the market as a whole and on the Internet, by combating trademark and service mark infringers. Besides, in order to curb unfair competition in the market, possible methods are proposed for changing the registration of domain names that allow protecting rights on the Internet. Main conclusions: In practice, there is a problem when declaring goods that contain intellectual property items). There is no registry making it possible to search for content, and search using graphic images is also difficult. In order to reduce unfair competition, it is proposed to improve the filling procedure by adding a column indicating the international registry, as well as to create a separate registry with a verbal description of images to facilitate the search. In accordance with this system, it is necessary to improve it regarding errors that are often made when filling out forms. At present, a single mistake can become a reason why the item is not selected. Solving these problems can increase control and effectiveness in terms of intellectual property protection. In most countries, unfair competition is prohibited at the legislative level. However, with the development of economic relations, the methods of unfair competition are continuously improving and becoming more and more subtle and sophisticated.

scholarly journals Reflections on the Professional Development of College English Teachers under the Internet Hybrid Model

2020 ◽  
Vol 4 (2) ◽  
pp. 86-89
Author(s):  
Wenjuan He
Keyword(s):  
Professional Development ◽  
Hybrid Model ◽  
College Teaching ◽  
English Teachers ◽  
Status Quo ◽  
The Internet ◽  
Network Technology ◽  
College English ◽  
Professional Development Of Teachers ◽  
The Status

The development of network technology has brought huge changes to all people and industries. In the field of education and professional development of teachers, the application of network technology and the Internet has also created a new opportunity for education at all stages in China. In the reform of education, the related concepts and teaching applications of the Internet hybrid model have gradually begun to be incorporated into college teaching. This article explores the status quo and problems of professional development of college English teachers under the Internet hybrid model, and puts forward suggestions for the professional development of college English teachers under the Internet hybrid model which can be used as reference for the professional development and growth of English teachers.

scholarly journals Managerial discretion in non-profit organizations: An application to Spanish work accident mutuals

2006 ◽  
Vol 3 (3) ◽  
pp. 39-48 ◽  
Author(s):  
Eugenia Suárez-Serrano
Keyword(s):  
Property Rights ◽  
Transaction Costs ◽  
Status Quo ◽  
Managerial Discretion ◽  
Governance Mechanisms ◽  
Non Profit ◽  
Economic Rationale ◽  
The Status ◽  
Work Accident ◽  
Excess Power

This paper explores the problems of managerial discretion in the non-profit sector, with special consideration to Spanish Work Accident Mutuals (MATEPs). Firstly, from Transaction Costs, Property Rights and Agency perspectives, the economic rationale of mutuals is analyzed, paying particular attention to MATEP’s peculiarities and incentives in terms of competition, regulation and ownership. Subsequently, the effectiveness of governance mechanisms is discussed, showing that the status quo leaves excess power in the hands of the managers of these organizations

Addressing Infringement: Developments in Content Regulation in the US and the DNS

2020 ◽  
pp. 630-646
Author(s):  
Annemarie Bridy
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Due Process ◽  
Protocol Stack ◽  
Domain Name System ◽  
Application Layer ◽  
Domain Names ◽  
The Us ◽  
Content Regulation

The reach of privately ordered online content regulation is wide and deepening. It is deepening with reference to the internet’s protocol stack, migrating downward from the application layer into the network’s technical infrastructure, specifically, the Domain Name System (DNS). This chapter explores the recent expansion of intellectual property enforcement in the DNS, with a focus on associated due process and expressive harms. It begins with a technical explanation of the operation and governance of the DNS. It goes on to discuss existing and proposed alternative dispute resolution (ADR) regimes for resolving intellectual property complaints involving domain names. In doing so, it compares the long-running Uniform Dispute Resolution Policy (UDRP) for adjudicating trademark cybersquatting claims to newer ADR programmes targeting copyright infringement on websites underlying domain names.

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