The Experts below are selected from a list of 49191 Experts worldwide ranked by ideXlab platform

Kenneth L Port - One of the best experts on this subject based on the ideXlab platform.

  • the congressional expansion of american trademark Law a Civil Law System in the making
    Social Science Research Network, 2005
    Co-Authors: Kenneth L Port
    Abstract:

    In the last decade, the United States Congress has expanded the parameters of trademark protection. This expansion is couched in rhetoric, sometimes xenophobic in nature, which masks the real issue. This Article argues that this expansion is not warranted by either the economic, legal, or social justifications of the System; in fact, it undermines these justifications. The expansion is done at the behest of the trademark owners without apparent regard to the common Law nature of the United States' trademark System and without due regard to third parties' equal but countervailing right to compete. In the end, as more and more rights become determined by registration rather than by use, the result of this expansion is to involuntarily harmonize American trademark Law with trademark Law of Civil Law nations. The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.

Aleksander Grebieniow - One of the best experts on this subject based on the ideXlab platform.

  • On the Boundaries of the Property Law - Trusts in a Civil Law System
    Social Science Research Network, 2012
    Co-Authors: Aleksander Grebieniow
    Abstract:

    The trust ia a perfect example of a legal transplant between the common Law and the Civil Law Systems. It’s a creation of Equity, which refers to a fiduciary transfer of ownership. A settlor transfers certain goods to the trustee, who acquires the ownership fiduciae causa and is obliged to administer them to the benefit of the settlor itself or of a beneficiary. The particularity of the Trust founds its roots in the ambiguity of its classification, dependent on which Law System it is applied in. In the anglosaxon countries this institution belongs purely to the branch of the Real Law. However, on the Continent it is being considered as a part of the Law of Obligations. To the desire of the harmonisation of Laws, a conclusion of the Convention on the Law Applicable to Trusts and on their Recognition from 1st July 1985 (Aia Convention) took place and made it possible for the Trusts to operate beyond the Common Law countries, but caused certain practical problems. The author aims to present the clash of legal Systems, which may be useful to define the trust’s nature.

Li Jian - One of the best experts on this subject based on the ideXlab platform.

  • Precedent:Another Method of Legal Interpretation——Also on construction of the institution of judicial precedent involving the private international Law in China
    Hebei Law Science, 2006
    Co-Authors: Li Jian
    Abstract:

    Case Law and statute Law are individually the main source of Law in the common-Law System and Civil-Law System. However, as a method of legal creation and interpretation, the case Law is not antagonistic to the statute Law. The case Law, characterized by reality and flexibility,can make up for the defects in application and interpretation of the statute Law, for it has originated from judicial decisions of judges. Statute Law is traditionally characteristic of Chinese legal System. Introduction of the institution of judicial precedent could be necessary and beneficial to overcome defects in the current judicial interpretation in China, and furthermore harmonize stability, flexibility and fairness in the course of applying the statute Law. Especially in the private international Law field, heavily lack of legal rules and provisions, the institution of judicial precedent can be transplanted so as to perfect the Law.

  • precedent another method of legal interpretation also on construction of the institution of judicial precedent involving the private international Law in china
    Hebei Law Science, 2006
    Co-Authors: Li Jian
    Abstract:

    Case Law and statute Law are individually the main source of Law in the common-Law System and Civil-Law System. However, as a method of legal creation and interpretation, the case Law is not antagonistic to the statute Law. The case Law, characterized by reality and flexibility,can make up for the defects in application and interpretation of the statute Law, for it has originated from judicial decisions of judges. Statute Law is traditionally characteristic of Chinese legal System. Introduction of the institution of judicial precedent could be necessary and beneficial to overcome defects in the current judicial interpretation in China, and furthermore harmonize stability, flexibility and fairness in the course of applying the statute Law. Especially in the private international Law field, heavily lack of legal rules and provisions, the institution of judicial precedent can be transplanted so as to perfect the Law.

O A Khazova - One of the best experts on this subject based on the ideXlab platform.

Hanifah Ida - One of the best experts on this subject based on the ideXlab platform.

  • Certainty of Jurisdiction Law in Civil Law System
    Randwick International Research and Analysis Institute, 2020
    Co-Authors: Abduh Rachmad, Hanifah Ida
    Abstract:

    The Yoruba people have lived harmoniously as a kin for as long as the tribe has been in existence without religious strain despite the myriads of choices of beliefs that their traditional religion (Iseese) offered; and also, with the advent of foreign religions, Christian and Muslims have continuously live together in Yoruba land, often in harmony with practitioners of Yoruba traditional religion. In the recent age, there has been a curve of trend as the tribal relationships among the Yoruba people have gradually been eroding due to increasing infiltrations and activism of religion extremists. This research examined the damage religious sectarianism wreaked on the kinship relationship among the Yoruba folks. The research was qualitative, and situated within fundamentalism theory, a religious philosophy which depicts advocacy and strict adherence to a religious doctrine or belief. Data collections which are based on both primary and secondary sources are participatory, observatory and library oriented. It is concluded that religion has done more harm than good, but the situation can be redeemed with good understanding of the intended purpose of religion ingrained in the religious zealots