scholarly journals PROTECTION OF TRADEMARK RIGHTS

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Milica J. Cizmovic

Administrative trademark protection is reflected in imposingadministrative measures against those persons who have violated a trademarkright, but also in the supervision over the implementation of regulations directlyreferring to the trademark propriety. Customs play essential role in implementingtrademark protection measures. Legal regulations of the European Unionmember states and TRIPS agreement regulate in detail the implementation ofcustoms control with the aim to prevent infringement of a trademark. In order toensure efficient work of customs offices against piracy and counterfeiting acrossnational borders, it is necessary to ensure an efficient protection system, itsimplementation and a data base on registered trademarks available to customsofficers. A special form of administrative control is carried out by means ofinspection control. Inspection control ensures the control of enforcement oflaws, bylaws and other regulations that are directly or indirectly related totrademark, with the aim to protect constitutionality and legality. TrademarkAct contains provisions that regulate the issue of misdemeanour trademarkprotection as one of the forms of penalty sanctions in case of an infringementof a trademark is established. Although the issue of misdemeanour trademarkprotection in legislation of Bosnia and Herzegovina is characterized as a newarea, and the number of court decisions is relatively small to go in favour ofa relevant jurisprudence, in normative terms, Bosnia and Herzegovina is notlagging behind the neighbouring countries whose experience in the field oftrademark protection has lasted longer and the number of their court decisionsrelated to this field is higher.

2015 ◽  
Vol 9 (1) ◽  
pp. 12-26
Author(s):  
Róbert Németh ◽  
Endre Dobos

In term of floods the current area of Hungary has extensively been endangered. Modelling of flood processes – mainly following the hydrological events in the riverbed – has recently been developed. As far as protection dykes provide protection of the inhabited and agricultural areas, the flood models can run with acceptable preciseness. However, when dykes cannot withstand against the increasing load and a dyke burst occurs, fast and efficient protection measures shall be taken in the protected areas. The dynamic 4D Flood model presented in this paper makes possible a fast modelling of dyke burst occurring in the protected side and spreading of water mass, based on real parameters. For this reason the features of protected area shall be recognised, for example topology of creeks, features of agricultural and inhabited areas, parameters of roads, railways, rainwater drainage, buildings, natural conditions (soil parameters, meteorological characteristics, etc.). The results satisfy the comprehensive demands of the Directorate General for Disaster Prevention of Borsod-Abaúj-Zemplén County. In case of dyke burst, the completed Flood Model can run the expected events of the next hour in a few minutes. This time is enough for the specialists to bring operative decisions to protect the inhabitants and avoid material losses.


Author(s):  
Aleksandra Guss

The fashion industry is characterized by a fast pace of changes and very dynamic development. Designers annually introduce several collections, each of them containing a few dozen silhouettes, which makes it extremely difficult to provide effective legal protection for their projects. In effect designs reminiscent of those presented on the catwalk appear, which currently, in the era of the Internet and social media, is happening quickly, often even before designer collections go on sale. Due to the lack of legal regulations created specifically for the fashion industry, this industry derives protection primarily from intellectual property rights. The article aims to present the significance of this branch of law for the fashion industry, as well as possible protection measures.


2020 ◽  
Vol 6 (2) ◽  
pp. 63-74
Author(s):  
Mirosław Tokarski

The process of establishing normative acts in the European Union does not  occur out of nowhere, but in the context of specific social needs. That was the case of the genesis of establishing legal regulations regarding the protection of personal data in the European Union. Socio-economic integration, which resulted from the functioning of internal market in the European Union, has led to a significant increase in cross-border transfers of personal data. It led to situation in which various economic operators or state institutions of the Member States have increasingly processed the personal data of the EU citizens. Within time, these data have become an equally valuable commodity - not to say even more valuable – compared to goods and services (Costa-Cabral, and Lynskey Orla, 2017, p. 11). Making use of personal data on a large scale especially by public and private entities, associations and companies over time has posed a threat to the security of personal data. This has made it necessary to introduce legal protection measures for personal data in the European Union that would eliminate the negative effects of any form of personal data processing. The purpose of this article is to evaluate legal regulations regarding legislative protection of personal data in the European Union against the background of EU Regulation 2016/679 of the European Parliament and the Council with respect to the protection of individuals due to processing personal data, its free movement and repealing Directive 95/46/EC (hereinafter referred to as Regulation 2016/679). Due to initially adopted purpose of the considerations there arose a problem which was formulated in the form of a question: Do the legal measures introduced by the Regulation constitute an effective tool for the protection of personal data in the event of a violation of the law by personal data administrators and entities while processing such data? The presented purpose of the considerations and the research problem determined the order of the analysis.


Author(s):  
Irene Maria Portela

The chapter discusses the role of CNPD (Comissão Nacional de Proteção de Dados) in case of violation of privacy, like dissemination or revelation of personal data by a public/private organization or entity. About this subject, the CNPD can issue a recommendation to the Portuguese Treasury to take some measures to strictly protect the security of the personal information using the Portuguese “E-Invoice.” Portuguese people must be protected against the misuse of personal data by the use of the “E-Invoice.” A Security System Administrator continuously monitors the network and all data traffic to prevent any misuse or abuse of the system. A prerequisite for trust and acceptance of these information systems is that appropriate data protection measures are implemented against possible misuse of personal data decreasing the risks in its utilization. Protective measures should be taken by the Treasury referring additional procedures against the misuse of data because the administrative control system is inefficient regarding unauthorized access, disclosure, misuse of localization data or loss, modification, and appropriation of information linked with the use of the Portuguese “E-Invoice.”


Corruptio ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 99-112
Author(s):  
Diya Ul Akmal ◽  
Pipih Ludia Karsa ◽  
Syafrijal Mughni Madda

A participatory society can play an essential role in the prosecution of corruption cases. By providing information on alleged corruption, a participatory community can assist anti-corruption institutions so that corruption as an extraordinary crime can be eradicated as a means of enforcing people's constitutional rights. The authors attempt to perceive things by defending constitutional rights from a societal standpoint, a right of citizens who have had their rights violated by acts of corruption. The method used in this research is a normative legal method that refers to the norms in the laws and regulations, court decisions, and social society.  The data used is secondary data obtained from various sources with appropriate and relevant topics so that it becomes chaotic in discussing related problems. The community's active role in uncovering corruption cases is part of the obligation to break the chain of corruption and fulfil citizens' rights to enforce the law. The amount of budget allocated for disclosing corruption cases is leading the government to protect citizens' constitutional rights from the threat of corruption. Although the handling is still considered unsuccessful because many cases have not been revealed, the efforts made deserve to be recognised.


Probacja ◽  
2021 ◽  
Vol 4 ◽  
pp. 13-30
Author(s):  
Izabela Urbaniak-Mastalerz

The study presents the problem of the role of guardian for an aggrieved minor in criminal proceedings. The legal regulations and court decisions are indicated regarding the role of guardian for a minor. The author attempts to solve the problem of how the role of guardian for minors should be perceived, given the existing jurisprudence of the Supreme Court and common courts. The conclusions from the evaluation of the regulations and judgments, based on the available statistics, form the starting point for the assessment of the guardian’s capacities in legal proceedings.


2019 ◽  
Vol 2 (1) ◽  
pp. 116-120
Author(s):  
Elvira Dervišbegović ◽  

The paper deals with the topic of collision between legal regulations on the protection of personal data and the legal regulations on archival work. The legal regulation applied by the Personal Data Protection Agency in Bosnia and Herzegovina often conflicts with the legislation that regulates archival work and lays down retention periods in the Records Schedule for given documentation. Due to this lack of uniformity of regulations, Archives has often been faced with requests for destroying the kind of records which have to be permanently retained. The paper also proposes possible solutions for overcoming this problem by both protecting the rights of individuals and remaining consistent to archival legislation.


Diversity ◽  
2021 ◽  
Vol 14 (1) ◽  
pp. 17
Author(s):  
Ana Rainho

One of the fundamental interests in ecology is understanding which factors drive species’ distribution. We aimed to understand the drivers of bat distribution and co-occurrence patterns in a remote, insular system. The two bat species known to occur in the Azores archipelago were used as a model. Echolocation calls were recorded at 414 point-locations haphazardly distributed across the archipelago. Calls were analysed and assigned to each species. Binominal generalised linear models were adjusted using different descriptors at two scales: archipelago and island. The presence of the co-occurring species was included at both scales. The results show that island isolation, habitat and climate play an essential role on the archipelago and island scales, respectively. However, the positive interaction between bat species was the most critical driver of species’ distribution at the island scale. This high co-occurrence pattern at the island scale may result from both species’ maximising foraging profit in a region where prey abundance may be highly variable. However, further research is necessary to clarify the mechanisms behind this positive interaction. Both species are threatened and lack specific management and protection measures. Maintaining this positive interaction between the two species may prove to be fundamental for their conservation.


Author(s):  
Maaike de Waal ◽  
Jochem Lesparre ◽  
Ryan Espersen ◽  
Ruud Stelten

Purpose Archaeological predictive maps can be valuable tools for planning officers, spatial developers and archaeologists. In 2012, the Dutch Ministry of Education, Culture and Science asked the St Eustatius Center for Archaeological Research (SECAR) to create archaeological predictive maps for St Eustatius and Saba. The maps were supposed to contribute to more effective management and protection of archaeological sites. The maps were published in 2013 and 2015. The purpose of this paper is to address the question whether the subsequent use of these maps has indeed improved site management and protection. Design/methodology/approach The evaluation proceeded by identifying the users and applications of the maps through questionnaires and an internet search engine, along with follow-up interviews with heritage professionals on both islands. Findings The use of the predictive maps has not yet contributed to improved management and protection of archaeological sites on St Eustatius and Saba. Suggestions have been made to ameliorate this situation and to ensure the preservation of archaeological heritage for future generations. Originality/value The creation of archaeological predictive maps can be an important step towards improving management and protection of archaeological heritage, education and heritage awareness. This is important for St Eustatius and Saba, islands that are characterised by vulnerable archaeological heritage, rapid spatial development and a lack of efficient protection measures. This paper points to the importance of follow-up efforts to ensure effective site management and protection.


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