Certification Marks Research Articles

Automated Employment Discrimination

The high bar of proof to demonstrate either a disparate treatment or disparate impact cause of action under Title VII of the Civil Rights Act, coupled with the “black box” nature of many automated hiring systems, renders the detection and redress of bias in such algorithmic systems difficult. This Article, with contributions at the intersection of administrative law, employment & labor law, and law & technology, makes the central claim that the automation of hiring both facilitates and obfuscates employment discrimination. That phenomenon and the deployment of intellectual property law as a shield against the scrutiny of automated systems combine to form an insurmountable obstacle for disparate impact claimants. To ensure against the identified “bias in, bias out” phenomenon associated with automated decision-making, I argue that the employer’s affirmative duty of care as posited by other legal scholars creates “an auditing imperative” for algorithmic hiring systems. This auditing imperative mandates both internal and external audits of automated hiring systems, as well as record-keeping initiatives for job applications. Such audit requirements have precedent in other areas of law, as they are not dissimilar to the Occupational Safety and Health Administration (OSHA) audits in labor law or the Sarbanes-Oxley Act audit requirements in securities law. I also propose that employers that have subjected their automated hiring platforms to external audits could receive a certification mark, “the Fair Automated Hiring Mark,” which would serve to positively distinguish them in the labor market. Labor law mechanisms such as collective bargaining could be an effective approach to combating the bias in automated hiring by establishing criteria for the data deployed in automated employment decision-making and creating standards for the protection and portability of said data. The Article concludes by noting that automated hiring, which captures a vast array of applicant data, merits greater legal oversight given the potential for “algorithmic blackballing,” a phenomenon that could continue to thwart many applicants’ future job bids.

Combining Multi-Element Analysis with Statistical Modeling for Tracing the Origin of Green Coffee Beans from Amhara Region, Ethiopia.

Characterization of coffee terroirs is important to determine authenticity and provide confidence for consumers to select the right product. In this regard, Amhara Region, which is located at the northwestern part of Ethiopia, produces various local coffee types with distinct cup qualities. The coffees are, however, not yet registered with certification marks or trademarks for indications of their geographical origins. This study was aimed at developing analytical methodology useful to determine the geographical origin of green coffee beans produced in Amhara Region based on multi-element analysis combined with multivariate statistical techniques. For this, a total of 120 samples of green coffee beans, collected from four major cultivating zones (West Gojjam, East Gojjam, Awi, and Bahir Dar Especial Zones) were analyzed for K, Mg, Ca, Mn, Fe, Cu, Fe, Co, Ni, Zn, Si, Cr, Cd, and Pb using inductively coupled plasma-optical emission spectroscopy. The elemental analysis data were subjected to principal component analysis (PCA) and linear discriminant analysis (LDA). PCA was used to explore the natural groupings of samples and the discriminatory ability of elements. Accordingly, the elements K, Mg, Ca, and Na were found to be the main discriminators among samples. LDA provided a model to classify the coffee samples based on their production zones with an accuracy of 94.2% and prediction ability of 93.4%. Thus, the elemental composition of green coffee beans can be used as a chemical descriptor in the authentication of coffee produced in Amhara Region.

Green certification to achieve sustainable development goals

The present article initiates the idea of certifying sports facilities for compliance with innovations in the field of resource saving. The search for mechanisms to stimulate sports complexes to move to rational models of resource use led to the development of the environmental certification program. Green Ball is a protocol for environmental auditing of sports facilities, summarizing all the current proposals for environmental management; website for online certification and recommendations; model of effective environmental management. If a sports facility meets these criteria, it needs to be awarded the environmental certification mark, which, by analogy with the TRP program, can be Bronze, Silver, and Gold, which is reminiscent of hotel stars and can become a recognizable brand in the sports industry. The advantage of the site is the possibility of self-auditing to obtain recommendations that will help optimize resource use, as well as call the auditor to the object. The developed project is environmentally, economically and socially effective, which contributes to the implementation of the ideas of the concept of sustainable development in the field of sports.

A reliability and content analysis of Italian language anorexia nervosa-related websites.

ObjectiveInternet represents a major source of information related to health issues, increasingly used by providers. Indeed, there are numerous websites concerning eating and weight disorders, such as anorexia nervosa. The aim of the current investigation was to systematically perform a reliability and content analysis of Italian language anorexia nervosa-related websites.MethodsReliability of the anorexia nervosa website pages was assessed using the Health on the Net Foundation Code of Conduct Standards (HonCode®) certification mark. A comprehensive content analysis (thematic cluster analysis, correspondence analysis of emerging themes and topics, density and degree-centrality analysis, and co-word analysis) was performed using the commercial software T-Lab.Results402 unique website pages were included and analyzed in the current study. Statistically significant differences related to the accomplishment or less to the items of the HonCode® certificate mark were found for all items, except for confidentiality and webmaster/additional contact. From the thematic cluster analysis, four clusters were identified: namely, treatment (26.6%), vomiting (24.7%), weight (24.4%) and onset-age (24.3%). Treatment (in particular, cognitive-behavioral psychotherapy) was the most represented theme (with a frequency of 97.76%, recurring in 393 websites). Pro-ana content characterized 147 website pages (with a frequency of 36.57%).ConclusionThe quality of Italian language anorexia nervosa-related websites was rather moderate-poor, being generally inconsistent with the principles of the HonCode® certification mark. Therefore, physicians and health authorities should be aware of such findings to provide their patients with proper answers and education.

Geographical Indications in Nigeria: A Legal and Policy Deficit

Protection of geographical indications has not only become popular around the world, but it is also a viable intellectual property right that can potentially foster economic development, especially in developing countries. The potential of GI protection to add value and promote rural socio-economic development and to create value for local communities through products that are deeply rooted in tradition, culture and geography cannot be underestimated, especially by developing countries. This article explores the state of economic development in Nigeria and the necessity of GI protection to enhance economic development. It also examines the concept of GIs and existing policies and statutory framework on GI protection in Nigeria. The article finds that, besides section 43 of the Trademarks Act of Nigeria which provides for certification marks and other relative laws, no meaningful effort has been made by the Nigerian government to enact a suis generis legislation for GI protection. Furthermore, the article examines existing policy gaps responsible for poor GI protection and proffers recommendations for improvement and necessary attitudinal change on part of the Nigerian government.

소비자 특성에 따른 지속가능한 패션상품 인증마크에 대한 소비자 인식 및 태도

본 연구는 지속가능한 패션상품 인증마크에 대한 상품기획 및 디자인에 적극적인 활용이 될 수 있게 하기 위하여, 선행 연구에 근거하여 소비자의 특성에 따른 소비자의 인식 및 태도의 차이 연구에 목적을 두었다. 본 연구의 결과는 다음과 같다. 첫째, 의복쇼핑성향에 대하여 3개의 군집으로 나누어 집단 간 소비자의 인식 및 태도 차이를 알아본 결과, 소비자 태도에 유의미한 차이가 나타났다. 둘째, 인구통계학적 특성 중, 성별과 가계수입에서는 소비자의 태도에 대한 유의미한 차이가 나타났다. 셋째, 소비자 태도에 있어 친환경행동에 대한 유의미한 차이가 나타났다. 넷째, 지속가능한 패션상품 인증마크 경험 유/무에 따른 지속가능한 패션상품 인증마크에 대한 소비자 태도에 유의미한 차이가 나타났다. 다섯째, 지속가능한 패션상품 인증마크 제품 구매 경험 유/무에 대한 지속가능한 패션상품 인증마크에 대한 소비자 태도에 유의미한 차이가 나타났다.<BR> 이와 같은 본 연구의 결과를 통해 지속가능한 패션상품 인증마크의 상품기획 및 디자인 방향을 위한 기초자료를 제공하고자 한다.

How to Make Sure My Cryptokitties Are Here Forever? The Complementary Roles of Blockchain and the Law to Bring Trust

Under the phrase “code is law” and based on its “trustless trust”, blockchain has emerged as a disrupting technology considered by some as an alternative to the law. Based on a study of real-life blockchain-based decentralised applications (Dapps), this article takes blockchain developers at their word and adopts the point of view of users: can blockchain live up to its promise and enable them to transact with each other without the need for the trust granted by the law? The article particularly highlights that users need to be able to ascertain that a self-advertised Dapp indeed qualifies as one. Blockchain technology may make it possible to do away with trust in third parties, but this is not enough. Users also need to trust that an alleged Dapp genuinely is one, and blockchain alone cannot provide this. Beyond Dapps, it is argued that blockchain needs the complementary role of the law to deliver its promises and especially to authenticate blockchain “virtues”. The EU certification mark is identified as a promising form of co-regulation for that purpose.

작업장 소음의 발생원대책 강화를 위한 저소음기계 인증제도 개선방안

In advanced countries, various policies are being enforced to reduce equipment noise level at it’s source. This paper analyses the problems of domestic noise policies related to noisy equipment, and presents a plan for improving the implementation of expansion policy of low noise equipment based on this analysis. This paper proposes that the equipment satisfying the compulsory rule be able to use the environmental certification mark, the standards of which are defined in recommended rules, to improve the linkage between the two policy measures. This paper also suggests expanding the range of equipment to be supervised and using new noise label that has grades and shows detailed noise level of the equipment to improve environmental certification system. In addition, supplementing the construction permission system and supporting international certification system are offered to expand the use of low noise equipment.

국내외 바이오 플라스틱 규제현황, 인증마크 및 식별 표시 동향

국내외 바이오 플라스틱 규제현황, 인증마크 및 식별 표시 동향

Research on the Irrational Behavior of Consumers' Safe Consumption and Its Influencing Factors.

Frequent food safety incidents in recent years have greatly reduced consumers’ trust, and consumers’ demand for safe food has been on the rise. However, there is an inconsistency between the consumers’ willingness and actual purchasing behaviors. Some consumers who have a willingness to purchase safe food ultimately do not produce actual purchasing behaviors, resulting in an “irrational behavior” in the safe food consumer market. In order to better study this phenomenon and identify its inherent logic, we chose to use pork (a typical representative of safety-certified agricultural products) as the object, based on a survey on 844 consumers in the Jiangsu Province and Anhui Province analyzed in July 2017 by RPL (Random Parameters Logit) and binary Logit regression methods from two aspects, i.e. consumer preference for different attributes of safety-certified products and factors affecting safe consumption. The research results show that consumers have a significant preference for pork that has additional attributes such as green food certification, organic food certification, origin information and “No Additives and Veterinary Drug Residue Labeling”; labeling such information on the pork can effectively improve consumers’ trust. Consumers’ inconsistency of purchase intention with purchasing behaviors of safety-certified pork is affected by many factors, such as gender, age, annual household income, the degree of trust in agricultural product quality and a safety certification mark, understanding of safety-certified pork, and the degree of concern on pork quality and safety issues. These factors have all contributed, to varying degrees, to the rising of “irrational behavior” of consumers’ safe consumption, lead to an irrational state of consumption that consumers with a safely certified pork purchase will not necessarily buy a safety-certified pork. Based on the results of two empirical analyses, it can be concluded that pricing and age are the two main influencing factors that lead to the “irrational behavior” of consumers’ safe consumption.

Book review: Jeffrey Belson, Certification and Collective Marks: Law and Practice, 2nd edn (Edward Elgar 2017) 320 pp.

Book review: Jeffrey Belson, Certification and Collective Marks: Law and Practice, 2nd edn (Edward Elgar 2017) 320 pp.

The role played by the regime of collective and certification marks in the protection of geographical indications—Comparative study of law and practice in France, the EU and China

The US way of protecting geographical indications (GIs) as collective or certification marks and the European way of treating GIs as sui generis intellectual property rights represent practices that could make a country's legislation conform to the TRIPS Agreement. However, the US trademark system and the European sui generis system are common knowledge, whereas the trademark regime in Europe and other countries with similar sui generis systems is less well known. This article shows how the different trademark systems, more specifically the systems of collective and certification marks, can be “designed” and thus shows the different roles that they will have in GI protection. This article has chosen to compare Europe and China because they both have developed the sui generis GI regime but have adopted contrasting approaches to an alternative tool, the trademark regime. Europe confines trademark use to a complementary purpose, which is reflected in the EU trademark reform of 2015 and the European Court of Justice case law. China is adapting the system to meet the needs of GI protection that the European trademark law is unwilling to cater to. A discussion of different ways of “designing” trademark systems will shed light on their multifaceted role.

Electrical conductivity and acidity of honey

In this paper, the electrical conductivity and concentration of free acids (acidity) of various types of honey collected from the area of Vojvodina was investigated. Physicochemical analyzes of parameters such as electrical conductivity and acidity of honey have an important role in defining the overall properties of honey and assessing the quality of honey. A total of 55 samples of honey were examined. Out of the total number of samples, 5 samples did not meet the requirements of the Republic of Serbia Regulations on quality of honey due to inadequate electrical conductivity. Free acid values measured in tested samples ranged from 1.5 to 30 mEq / kg, and the values of electrical conductivity were in the range between 0.08 and 1.99 mS/cm. Our assumption that there is a correlation between the tested parameters has been confirmed only in meadow and polyfloral honey. Further research on the physicochemical properties of Serbian honey is recommended and important in order to establish certification marks and criteria for assessing the quality of Serbian honey.

Voluntary certification of wheeled vehicle parts and equipment

The article describes the procedure of voluntary certification of spare parts and accessories for wheeled vehicles in certification system of State Enterprise “State Road Transport Research Institute”. Keywords: application, the applicant, voluntary certification, certificate of conformity, quality management certificate, voluntary certification mark, marking, testing

The concept, features and functions of the trademark in the law of the European Union

The article is devoted to the legal analysis and determination of the peculiarities of the definition «trademark» both in the European Union legislation and the scientific literature. The main purpose of the article is to identify the concept, essential features and functions of the trademark and meaning of the term «trademark» in the European Union legislation. In order to achieve the goal, the main attention in this article is given to the comprehensive study of the trademark definition in the European Union legislation and the scientific literature, the definition of essential trademark features, the study of the legal nature of the trademark.The article analyzes the establishment of supranational legal norms of the trademark use and protection in the European Union. Also, on the theoretical level, the main features of ensuring the circulation of a trademark in the European Union are highlighted.Functions of a trademark are observed as obligatory means of individualization of goods and services, consumer protection from counterfeit analogues of goods.A scientific analysis of the notion «certification mark» was conducted and the main specifications of the European Union certification mark were determined. The article provides with the legal definition of the certification mark and compares the trademark and the certification trademark in order to clearly differentiate them.As a result of the study, the essential features of a trademark are distinguished, distinguishing it from other means of individualization and results of intellectual activity

In marks we trust

This is a book review of Certification and Collective Marks, Jeffrey Belson, Edward Elgar Publishing, Cheltenham 2017.

The Certification Mark as a New EU-Wide Industrial Property Right

This article deals with the EU certification mark, which is a new development in EU trade mark law introduced by amendments to Regulation 207/2009 on EU trade marks. The article describes the basic purpose of certification marks, which is to certify the characteristics of goods and services, and compares them with other types of marks (ordinary and collective trade marks). The conditions that need to be met in order to obtain an EU certification mark are emphasised. In this context several issues are discussed, especially those regarding the ownership of certification marks and the related rules under which the trade mark owner is prohibited from performing business involving the supply of goods or services of the kind certified, ambiguities surrounding the concept of the certifying body, the co-existence of an ordinary mark, and the restrictions regarding the use of certification marks. The authors believe that a certifying body as a term used in the amended Regulation 207/2009 should encompass the owner as well as third parties authorised to monitor the use of EU certification marks, and that the co-existence of a mere “plain” ordinary mark registered for the same goods or services as certified or a filed application thereof should be a reason for refusal of registration or its invalidity.

Defining the EU certification mark

... As from 1 October 2017, the rules for the new EU certification marks apply.1 In contrast to ordinary EU trade marks (EUTM), EU certification marks serve to communicate adherence to certain quality standards. The newly inserted Article 83 of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (EUTMR)2 provides Union-wide protection for certification marks and thereby remedies the pre-existing imbalance between national systems. In the absence of any experience with certification marks at European Union scale, national legislation and practice may provide guidance on how to interpret the new provisions on certification marks. Only time will tell how the full contours of the EU certification mark will evolve. It is the task of the European Union Intellectual Property Office (EUIPO), the General Court and the Court of Justice of the European Union (CJEU) to shape this new category of EU marks.

Assessment of training for creating awareness on certification mark among rural people

The study was undertaken in Banaskantha district, under AGRESCO Project, Sardarkrushinagar Dantiwada Agricultural University of Gujarat state; to assess and compare training outcomes on enhancing awareness among respondents regarding certification marks. Randomly selected 160 respondents were considered as sample for the study. Half of the respondents were beneficiary of the training programme and the other half was control group. A pre-structured interview scheduled was used to measure independent variables and dependent variables. Frequency, percentage, range and chi-square test were used to tabulate the data. The findings revealed that cent per cent of the training beneficiary were able to identify ISI mark, toxicity mark and vegetarian mark. When compared between training beneficiary and non-beneficiary the result was found to be highly significant (z=30.0986**). The findings also revealed that cent per cent of the beneficiary were able to associate product with vegetarian mark and toxicity mark, followed by 90 per cent were able to associate BIS Hallmark, 87.5 per cent were able to associate ISI mark with the product. When compared between beneficiary and non-beneficiary, the result was found to be highly significant (z=24.9128**). It can be concluded from the study that awareness generating programme on certification mark could be beneficial for the rural people.

Las indicaciones geográficas en el Tratado de Libre Comercio Colombia-Estados Unidos: la armonización de políticas internacionales de la OMC a los TLC

Este artículo pertenece a un estudio acerca de las medidas normativas sobre propiedad intelectual que Colombia ha implementado para cumplir con el TLC con Estados Unidos. Entre esas medidas encontramos el Decreto 729 de 2012 con el que Colombia terminó aceptando variaciones a sus reglas sobre la protección de indicaciones geográficas (IG) para acomodar las reglas establecidas por Estados Unidos en esta materia. Así, en primer lugar, estudiaremos la regulación de las IG en la OMC para mostrar cómo la falta de consenso sobre el sistema de protección que debe prevalecer ha origina do un conflicto entre Estados Unidos y la Unión Europea, que se refleja en los acuerdos comerciales que impulsan con otras naciones. En seguida, analizaremos los principales cambios que genera para el sistema legal colombiano la protección de las IG a través de marcas colectivas o de certificación y la aplicación de la regla de prioridad en el tiempo que opera en el sistema marcario de Estados Unidos, para finalmente presentar conclusiones de las posibles soluciones que podrían adoptarse para eliminar las consecuencias que esta situación puede traer para los actores del comercio internacional en Colombia.