Current Legal Protection Research Articles

Trademarks in the Digital Age: The Current Challenges and Legal Protections

Abstract: In today's highly dynamic and rapidly evolving digital society, trade marks are experiencing profound transformations, presenting unique opportunities for trade mark owners to reach a broader and more diverse audience, thereby significantly enhancing brand visibility and recognition. However, these advancements also bring forth potential challenges, particularly directly related to trade mark rights infringement. Consequently, this dissertation delves deeply into the typical and recurrent conflicts that inevitably arise in relation to trade marks within the digital sphere by assessing the dilemma of existing representative cases, concluding that the central disputes existed. Additionally, it undertakes an in-depth exploration of the existing legal frameworks that govern this domain. Finally, this emphasizes the need for stronger international regulation of trademark rights across digital platforms. It is important to have the support of all parties involved in commercial actions to maintain a harmonious trading environment in the digital world while respecting the rights of trademark owners and maximizing profits from this flexible context.

Legal and Psychological Impact of Child Sexual Harassment

Background: Sexual harassment against children in Pekalongan City has escalated, with factors such as diminished parental supervision and shifting moral values contributing to its prevalence. Knowledge Gap: Existing literature primarily explores legal repercussions and short-term psychological impacts, leaving a gap in comprehensive studies on long-term emotional effects and effective legal protection measures. Aims: This study aims to fill these gaps by identifying causative factors, evaluating psychological and emotional impacts over time, and assessing current legal protections. Results: The research highlights that children experiencing sexual abuse face severe psychological conditions like anxiety and depression, along with lasting emotional disturbances such as trauma and emotional dysregulation. Legal efforts are currently centered on reactive measures rather than preventative strategies. Novelty: This study is novel in its longitudinal analysis of emotional impacts and its critique of legal frameworks in place, suggesting improvements for future protective measures. Implications: The findings advocate for enhanced legal frameworks that focus not only on punitive measures but also on preventive and rehabilitative strategies to better protect children and foster resilience against the psychological and emotional scars of abuse. Highlights: Causative Factors: Key contributors include decreased parental supervision and shifting societal values. Long-term Impacts: Highlights severe psychological effects like depression and trauma. Legal Frameworks: Stresses the need for improved preventive and rehabilitative legal measures. Keywords: Children, Sexual Abuse, Legal Protection

Commodifying Data: Analyzing Legal Regulations on Foreign Digital Payment Systems A Comparative Analysis Between the United States and the People’s Republic of China

This paper provides a comprehensive study on the intersection of digital payment platforms, particularly those originating from the People's Republic of China (PRC), such as Alipay and WeChat Pay, with the legal frameworks for data privacy in the United States. The research investigates whether the data collection policies of these Chinese digital payment systems comply with or violate existing U.S. laws designed to protect personal data. Given the rapid global expansion of these platforms and their necessity for facilitating modern economic activities, the paper emphasizes the significant trade-off users face by surrendering personal data to access digital payment services. This surrender of data, equated to a "pay-to-play" system, raises critical questions about the adequacy of current legal protections for users' data privacy in the U.S. This inquiry is crucial in understanding the broader implications of the global rise of digital payment platforms on privacy and consumer protection laws, particularly as these platforms become increasingly integrated into the international market. The paper aims to contribute to the ongoing discourse on digital privacy and the need for modernized legal frameworks to address the challenges posed by the digital economy's global nature.

Selected issues concerning the legal and factual protection of contemporary cultural property in Poland

Selected issues concerning the legal and factual protection of contemporary cultural property in Poland

网络运营商侵害用户个人信息的现状和法律保护

网络运营商侵害用户个人信息的现状和法律保护

Reconstruction of Legal Protection Regulations against Victims of Crime of Household Violence Based on Justice Value

The family is the first social environment known to humans. The family is a social institution that functions to improve all the abilities that exist in each individual. However, it is not uncommon for families to have cases of irregularities or illegal activities that cause misery or suffering and are carried out by members of one family against other family members such as molestation, rape, and even leading to murder. This situation is commonly referred to as Domestic Violence or more commonly abbreviated as domestic violence. The formulation of the problems in this dissertation research is: 1) Why is the regulation of legal protection for victims of criminal acts of domestic violence not fair? 2) What are the weaknesses of the current legal protection regulations for victims of criminal acts of domestic violence? 3) How is the reconstruction of legal protection regulations for victims of domestic violence crimes based on the value of justice? The research method uses a constructivist paradigm, with a sociological juridical approach. Methods of data collection by observation and interviews, with qualitative analysis data analysis method. The results of the study are 1) Regulation of legal protection for victims of criminal acts of domestic violence has not been fair, it is worth considering who has the most initiative among couples in the household to commit acts of violence, including the scale of differences in physical strength and ability between husband and wife and seriousness in using physical force. Most women are victims of violence perpetrated by people who are closely related to them. Domestic violence is generally perpetrated by men against women, generally violence by husbands against wives. 2) Weaknesses of legal protection regulations for victims of criminal acts of domestic violence at this time in terms of legal substance, law enforcers in carrying out law enforcement are only oriented to legal certainty, not legal justice. From the aspect of the legal structure, the synergy between the apparatus has not been optimal, the weakness in this case since the enactment of the PKDRT Law in 2004, there are still many cases of violence against women that occur in society and many are even unsolved. In terms of legal culture, the factors behind domestic violence can be identified due to gender and patriarchal factors. 3) Reconstruction of Law Number 23 of 2004 concerning the Elimination of Domestic Violence by changing and adding imprisonment and fines in Article 44, and the second reconstruction by adding the value of justice to Article 54.

Climate displacement and human rights: rectifying the current legal protection lacuna through international and regional solutions

ABSTRACT As the climate crisis increases in severity, the number of persons who will be displaced both internally and across state borders will rise exponentially. There is currently an alarming lacuna in international law regarding the protection of persons displaced by climate change, the implications of which are becoming increasingly dangerous as numbers inevitably surge. This paper explores potential mechanisms of protection for individuals displaced by climate effects internationally and regionally, analysing the merits and limitations of each avenue. Through a case study regarding the attempted humanitarian visa programme for Pacific Islanders in New Zealand, the paper establishes the need for rights-based mechanisms on both the international and regional levels designed to protect persons impacted by climate displacement through an autonomy-focused, culturally cognisant approach.

Shark Fishing vs. Conservation: Analysis and Synthesis

The expanding shark fin market has resulted in intensive global shark fishing and with 90% of teleost fish stocks over-exploited, sharks have become the most lucrative target. As predators, they have high ecological value, are sensitive to fishing pressure, and are in decline, but the secretive nature of the fin trade and difficulties obtaining relevant data, obscure their true status. In consumer countries, shark fin is a luxury item and rich consumers pay high prices with little interest in sustainability or legal trade. Thus, market demand will continue to fuel the shark hunt and those accessible to fishing fleets are increasingly endangered. Current legal protections are not working, as exemplified by the case of the shortfin mako shark, and claims that sharks can be sustainably fished under these circumstances are shown to be misguided. In the interests of averting a catastrophic collapse across the planet’s aquatic ecosystems, sharks and their habitats must be given effective protection. We recommend that all sharks, chimaeras, manta rays, devil rays, and rhino rays be protected from international trade through an immediate CITES Appendix I listing. However, a binding international agreement for the protection of biodiversity in general is what is needed.

Speak Up! Legal Challenges in the Light of the Determination of Emotion in Conducting Targeted Advertising through a Voice Recognition Device

Artificial Intelligence (AI) technology keeps on being developed and has started to emerge into some devices and/or machines. AI can be embedded in many forms, and one of them is voice recognition technology. This technology that offered a human-like interactive feature has featured such as in iPhone Siri and Amazon Alexa. The rising trend of this technology also showed when Amazon has been granted a new patent regarding its virtual assistant, Alexa, in 2018. According to the patent, the device will automatically infer the user’s voice to determine their emotion in order to generate targeted advertisements. This patent hence posed a risk of harming the user’s autonomy since the user is unable to leave their emotions to go undetected by the device. Therefore, the commodification of emotion could challenge the adequacy of the current legal regimes, in particular, data protection and consumer laws since both have the primary concern to protect the autonomy and dignity of consumers. This research aimed to analyse whether the current European data protection and consumer laws are adequate to mitigate the risks posed by the commodification of emotion to conduct targeted advertising in the voice recognition technology.

Juridical Study on the Settlement of Child Cases as Victims of Sexual Violence Perspective of Law 35 of 2014 concerning Child Protection in Bengkulu City

The recent rise of sexual violence against children has caused new problems both socially and legally, in other words, incest is a deviant act that is not allowed by religion and violates the law which often occurs in areas in Bengkulu Province. Whereas based on Law No. 35 of 2014 concerning Child Protection, those who are obliged and responsible for the implementation of child protection are the State, Government, Community, Family and parents. The purpose of this study is to find out whether the regulation of incest crimes has been effective in reducing incest crimes, especially parents as perpetrators of sexual violence against biological children and to provide changes to the rules in order to make changes to criminal law related to crime as a sentencing goal which starts from two targets, namely: community protection and protection/development of individual perpetrators of criminal acts. The approach method applied in this research is empirical juridical which consists of three, namely a. a legal case study approach that is without conflict so that there will be no interference with the court, b. a legal case study approach due to a conflict so that it will involve court intervention to be able to provide a resolution decision, c. an approach to a legal event that is still in progress or has not ended. In this study, the current legal protection arrangements have been effective in reducing parents as perpetrators of sexual violence against biological children (incest crime) and parents who commit sexual violence (incest crime) in the future. addition of articles (criminal law reform).

LEGAL PROTECTION AGAINST CONSUMERS IN E-COMMERCE TRANSACTION

AbstractionWith the characteristics of e-commerce like this, consumers will face various legal problems and the current legal protection regulations for consumers have not been able to protect consumer rights in cross-border e-commerce transactions in Indonesia. In e-commerce transactions, there are no more country boundaries, so the consumer protection laws of each country like Indonesia's will not be enough to help, because e-commerce operates across borders. In this connection, legal protection for consumer rights must be carried out with an international approach through harmonization of law and cooperation with law enforcement institutions. In 2008, the Indonesian government issued Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions. In this Law on Information and Electronic Transactions, it is regulated regarding electronic transactions, one of which is activities regarding buying and selling in this internet media.

Written Quotations and Its Legal Protection: How Indonesian Law Reform on Copyrights Law?

Copyright is still on its way to legalizing a lot of homework to be done. One of these jobs is to protect the economic rights of cited sources for commercial use. So far, the copyright law has not specifically regulated this matter. The law does not even protect the economic rights of citation sources quoted for commercial purposes. This study formulates the problem (1) how is the current legal protection regarding copyright for written works? and (2) how the legal protection should be regarding copyrights for excerpts of written works. The aims of this research are (1) to find out the current legal protection regarding copyright for citations of written works; and (2) formulating the legal protection that should be on copyright for excerpts of written works. The method used in this research is using normative juridical research. The conclusion in this study is to answer the formulation of the problem.

The impact of corporate governance and political connections on the financial performance: The analysis of the financial distress of Lebanese banks

This paper aims to investigate the impact of corporate governance on the financial performance of Lebanese banks also analysing the impact of political connections to draft the financial crisis of the Lebanese banking sector in 2020-2021. Annual financial reports and the Orbis-BankFocus database are used to collect financial and non-financial information of Lebanese banks between 2016-2019. Descriptive statistics and multiple regressions are applied to explore the impact of corporate governance mechanisms and political net on the profitability, liquidity level and risk management of Lebanese banks. Results reveal that: 1) internal and external governance mechanisms of the Lebanese banking sector are considered weak and need improvements; 2) internal corporate governance mechanisms can improve the financial performance of Lebanese banks; 3) the presence of political connections seems to lead risky lending practices. This research provides information to support investors, bankers, regulators, and top managers in the Lebanese banking sector. Lebanese banks must improve their internal corporate governance mechanisms to sustain in the current legal protection environment.

The impact of corporate governance and political connections on the financial performance: the analysis of the financial distress of Lebanese banks

This paper aims to investigate the impact of corporate governance on the financial performance of Lebanese banks also analysing the impact of political connections to draft the financial crisis of the Lebanese banking sector in 2020-2021. Annual financial reports and the Orbis-BankFocus database are used to collect financial and non-financial information of Lebanese banks between 2016-2019. Descriptive statistics and multiple regressions are applied to explore the impact of corporate governance mechanisms and political net on the profitability, liquidity level and risk management of Lebanese banks. Results reveal that: 1) internal and external governance mechanisms of the Lebanese banking sector are considered weak and need improvements; 2) internal corporate governance mechanisms can improve the financial performance of Lebanese banks; 3) the presence of political connections seems to lead risky lending practices. This research provides information to support investors, bankers, regulators, and top managers in the Lebanese banking sector. Lebanese banks must improve their internal corporate governance mechanisms to sustain in the current legal protection environment.

An Inquiry into Intentional Values: The Arenawijk in Antwerp – Renaat Braem’s Modernist Social Housing Ensemble as a Case Study

Renaat Braem’s Arenawijk in Antwerp is a key example of Belgian post-war modernism, representing the development of social housing as a state-building enterprise. Considering the building’s continuous use and current redevelopment, this paper explores the expansion of Belgium’s current legal heritage protection, which is based on heritage values. Additional ‘intentional values’ would focus on the […]

The role of mineral resources knowledge in the economic planning and development in Poland

Geological reconnaissance of the country and gathering knowledge on the occurrences of mineral deposits is a permanent task of geological survey carried out in cooperation with academia and mineral industry. In Poland, a fundamental role in this process is played by the Polish Geological Institute-National Research Institute (PGI-NRI) operating as the geological survey under the supervision of the Ministry of Climate and Environment. PGI-NRI creates concepts of geological structures of the country, conducts independent prospecting studies, archives geological documentations made by mineral companies and verifies geological forecasts. The results of these works carried out for over 50 years are periodically published in the form of scientific monographs entitled The balance of prospective mineral resources in Poland. Presented in The balance of prospective mineral resources in Poland data on prognostic and perspective areas, as well as on the documented deposits are indispensable for country planning of economic development through, among others, protection of mineral deposits in the process of spatial management of the country. Polish prospective mineral resource studies include archival geological data reprocessing, mineral deposit modelling and new geological exploration projects. The synthesis of this research is The balance of prospective mineral resources in Poland which is a unique publication in terms of scope and content, because such data are not published in similar form and with the same scope of geological information in other countries. Therefore, authors would like to familiar international geological opinion with Polish experience and to widespread knowledge about mineral resources in Poland. The last edition (2020) of The balance of prospective mineral resources in Poland was prepared, edited and written among others by the authors of this article. In agreement with the conclusions presented in The balance of prospective mineral resources in Poland, our country is still of high geological potential, especially as regards the deposits of Cu, Ag, Pb, Zn ores, chemical and rock minerals. Thanks to this information mineral companies can plan and realize projects to document deposits and then finally develop the deposits. It is necessary to underline that proved and prospective deposits should be protected against such land development which would limit or eliminate mining activity in the future. Unfortunately, the current legal protection of undeveloped deposits in Poland is insufficient and requires new legislative solutions.

Control and supervision on the part of the Marshal of the Voivodship over tour operators and tourist entrepreneurs

The subject of this study is the analysis of the current legal protection and regulation model, with particular emphasis on the role of the Marshal of the Voivodship as a public administration body to which state tasks in the area of conducting business activity in the tourist services industry have been delegated and an attempt to assess such shaped legal regulations.

COMPARISON OF LEGAL CONSUMER PROTECTION SYSTEMS IN E-COMMERCE TRANSACTIONS TO SUPPORT DIGITAL ECONOMIC GROWTH IN INDONESIA

The e-commerce industry in Indonesia is growing rapidly amidst the slowdown in the country's economy. Moreover, most of the e-commerce business players in Indonesia are small, micro, and medium scale (SME). Consumers in e-commerce transactions have a greater risk of loss than business actors or merchants. In other words, consumer rights in e-commerce transactions are very vulnerable, so that consumers in e-commerce transactions are in a very weak bargaining position. The importance of a country regulating legal protection for consumers is generally based on considerations of its actuality and urgency. Legal regulations for e-commerce transactions are designed to create the level of certainty needed in business transactions and to protect consumers in e-commerce transactions in order to support the growth of the digital economy in Indonesia. Current legal protection regulations for consumers in Indonesia have not been able to protect consumers in cross-border e-commerce transactions. In e-commerce transactions, there are no national borders. The consumer protection laws of each country, such as those of Indonesia, are not sufficiently helpful because e-commerce operates across borders. This type of research is normative legal research that uses statutory regulations.

4IR and Right to Education in Nigeria: Synergybetween Legal Instruments and Stem Education

Laws and policies have important roles to play in advancing the Fourth Industrial Revolution (4IR) through Science, Technology, Engineering and Mathematics (STEM) research in Nigeria. STEM education and knowledge brings about development by converging scholars across the world with recent research discoveries. In order for Nigeria to reap the maximum benefits from the 4IR, its legal system must come in line with the principles advanced by the 4IR. It is important to state that the laws which have been enacted before the contemporary era are inadequate and obsolete.
 Education (STEM education inclusive) which will benefit the most from thenewrevolution would demand new legal instrumentsthat are adequate and effective to cater for the legal and policy demands of the 4IR by bringing forth a more current and inclusive legal protection for all the relevant beneficiaries. Using doctrinal methodology, thispaperexamines4IR and right to education in Nigeria with a view to establishing the relationship between the legal instruments and STEM education with the objective of advancing the agenda of the relevance of all fields of education for the next generation.The paper is divided into six sections and the findings show that, education (STEM education inclusive) is bedeviled with many challenges andthe extant laws are inadequate to solve them.Thus, making the goal of 4IR unachievable in Nigeria. To reach the greatest dexterities in all works of life, the paper concludes by bringing the significance of laws and policies that wouldaccommodate free STEM education in secondary and tertiary school levels in order to answer the call for 4IR. It recommends research collaboration across STEM fields for integrated curriculum and an amendment of the Constitution. It also advocates for gender equality and investing more in STEM education for having a transformative shift in Nigeria for the purpose of achieving 4IR.

The Rule of Technology – How Technology Is Used to Disturb Basic Labor Law Protections

Much has been written on technology and the law. Leading scholars are occupied with the power dynamics between capital, technology, and the law, along with their implications for society and human rights. Alongside that, various labor law scholars focus on the implications of smart technology on employees’ rights throughout the recruitment and employment periods and on workers’ status and rights in the growing phenomenon of platform-based work. This article aims to contribute to the current scholarship by zooming it out and observing from a bird’s-eye view how certain actors use technology to manipulate and challenge basic legal categories in labor today. This is done by referring to legal, sociological, and internet scholarship on the matter. The main argument elaborated throughout this article is that digital technology is used to blur and distort many of the basic labor law protections. Because of this, legal categories and rights in the labor field seem to be outdated and need to be adjusted to this new reality. By providing four detailed examples, the article unpacks how employers, giant high-tech companies, and society use various forms of technology to constantly disturb legal categories in the labor field regarding time, sphere, and relations. In this way, the article demonstrates how social media sites, information communication technologies, and artificial intelligence are used to blur the traditional concepts of privacy, working time and place, the employment contract, and community. This increased blurriness and fragility in labor have created many new difficulties that require new ways of thinking about regulation. Therefore, the article argues that both law and technology have to be modified to cope with the new challenges. Following this, the article proposes three possible ways in which to start considering the regulation of labor in the digital reality: (1) embrace flexibility as part of the legal order and use it as an interpretive tool and not just as an obstacle, (2) broaden the current legal protection and add a procedural layer to the legal rights at stake, and (3) use technology as part of the solution to the dilemmas that technology itself has emphasized. By doing so, this article seeks to enable more accurate thinking on law and regulation in the digital reality, particularly in the labor field, as well as in other fields and contexts.