Agency Practices Research Articles

Law Enforcement Agency Practices and Policies for the Investigation of Child Sex Trafficking: Are Agencies Using Victim-Centered Approaches?

AbstractOver the past decade, efforts have been made to reform the way in which law enforcement responds to child sex trafficking (CST). Law enforcement agencies are being urged or required to use victim-centered approaches that provide exploited youth with support and services. However, researchers have yet to empirically examine law enforcement’s recognition of CST at the agency-level, their arrest practices, or the services that are being offered to CST victims. We have little information about the utilization and effectiveness of various law enforcement agency policies, practices and training programs related to CST. The National Law Enforcement Agency Child Sex Trafficking (LEA-CST) Study aimed to address these gaps through a national survey of law enforcement agencies around the U.S. The current study reports on mail survey data collected from a sample of 1,306 agencies that provided feedback on the use of up to nine victim-centered approaches to CST at their agency. Data were analyzed along with information about whether their agency investigated at least one case of CST in the year 2021. Almost all agencies (97.5%) said they used or had access to at least one victim-centered approach to CST investigations, with larger agencies reporting a greater number of approaches. Two policies were significantly related to a greater likelihood of investigating at least one case of CST in 2021: Access to a CST-specific task force and access to a CST-specific victim service agency. Findings document a growing orientation to these cases by law enforcement that recognizes youth victimization, with innovative approaches to identification and support. Community collaboration appears to be critical to helping to identify, support and provide justice to CST victims.Research Summary This study examined law enforcement’s recognition of CST at the agency-level, their arrest practices, and the services that are being offered to CST victims. Among 1,306 agencies across the United States, almost all (97.5%) said they used or had access to at least one victim-centered approach to CST investigations, with larger agencies reporting a greater number of approaches. Two policies were significantly related to a greater likelihood of investigating at least one CST case in 2021: Access to a CST-specific task force and access to a CST-specific victim service agency.Policy Implications Findings from the current study underscore the importance of victim-centered approaches to CST that feature connections and collaborations across communities. These collaborations champion the wellness of youth who have experienced this unique and egregious form of sexual victimization while simultaneously allowing for criminal investigations to proceed, ideally with minimal re-traumatization of the victim.

Assessing factors related to Walleye stocking success in the Midwestern United States

AbstractObjectiveThe objective of this study was to evaluate stocking success of Walleye Sander vitreus in lakes and reservoirs across the Midwestern United States to inform stocking practices for state agencies. Demand for Walleye stocking may increase if climate change limits the potential for natural recruitment in lakes. Consequently, the strategic distribution of Walleye stocking may maximize fishing opportunities.MethodsWe synthesized data from 2226 Walleye fry and fingerling stocking events on 653 lakes in the Midwestern United States and used random forest algorithms and mixed‐effects linear models to identify abiotic and biotic factors related to Walleye stocking success.ResultLatitude and year explained relatively little variation in stocking success compared to within‐lake variation. Relative abundance of Largemouth Bass Micropterus nigricans was an important indicator of Walleye stocking success for fry and fingerlings, with stocking success generally decreasing with increased bass abundance. There was an interaction between lake surface area and growing degree‐days, as large lakes (>2500 ha) seemed to be more conducive to Walleye stocking success regardless of growing degree‐days. The models that we developed did not accurately predict exact levels of Walleye stocking success but were 92–94% accurate in predicting whether the stocking success of both fry and fingerlings would be at or above the 50th percentile.ConclusionThese findings may help to inform the management and stocking allocation of Walleye and suggest that future increases in Largemouth Bass abundance and growing degree‐days could limit the effectiveness of stocking in some lakes.

Data Quality and Legal Barriers to Linking US Government Social Program Data

To link social program data, such as employment, welfare, education, and human services data, a set of high-quality variables or fields are needed to facilitate rigorous linkage. The siloed nature of data collection in the US leads to a lack of consistency in the data that agencies collect. The data that one needs to make high quality linkages are often exactly those that government agencies are unwilling and unable to collect, or those that have poor quality. This has significant implications for privacy-protecting record-linkage and other techniques whereby privacy and confidentiality can be appropriately addressed. There are some obvious examples. For example, in the US, many agencies are unlikely to collect or share Social Security Number because of privacy concerns. A different type of example many agencies collect race or ethnicity poorly, so that the data is not consistent over time or simply inaccurate at the point of collection. Some programs may only collect age or month and year of birthdate. This presentation will discuss strategies to address these barriers short of changing agency practice around data sharing. It will also address how policies are a barrier to better linkage and data use. Also, how the proposed National Secure Data Service may affect state capacity to conduct linkage will also be discussed. This presentation is based on 40 years of experience working with the US federal government, states, and local agencies.

Analyzing Real Estate Agency Practices: A comparative study and path ahead

The summary briefly overviews the changes and problems in real estate agency practices in Malaysia from 1981 onwards. It emphasizes ethical issues, technological developments, and regulatory focus areas. The abstract also explains a comparative research study about how real estate is done in Malaysia, Singapore, Indonesia, Australia, and Hong Kong to find similarities and areas needing improvement. The study discovers likenesses in controlling frameworks but indicates improvements relating to qualification standards, education levels for practitioners, and, their tactics of enforcement, and monitoring through comparing analysis.

When your reputation precedes you: strategic recruitment for enhancing diversity

PurposeThis paper provides a discussion of evidence supporting strategic, targeted recruitment for increasing minority representation in police agencies in the context of negative reputations for inclusion.Design/methodology/approachDatabase searching along with backward and forward citation chaining identified 145 articles for review. After extracting the recruitment strategies mentioned that had empirical support for effectiveness, a framework was developed for categorizing those strategies.FindingsPolice agencies use some evidence-based practices (e.g. community engagement) but could do more to enhance diversity. Strategy applicability in the context of limited organizational diversity or a less positive reputation as an inclusive employer is discussed.Practical implicationsThis review provides a clear set of recommended best practices for agencies to use in evaluating and enhancing their efforts at targeted recruiting.Originality/valueReviews of recruiting practices in policing have not provided a deep consideration of the evidence base for practice effectiveness nor considered practices that have support in non-policing contexts. Our review addresses the concerns of agencies that must address a less positive image regarding diversity and inclusion.

A life marked by early school leaving: gendered working life paths linked to health and well-being over 40 years

BackgroundThere is increasing awareness of the need to analyse symptoms of mental ill-health among early school leavers. Dropping out of compulsory education limits access to the labour market and education and could be related to deteriorating mental health over the course of a lifetime. The aim of this longitudinal study is to explore how early school leavers not in education, employment or training (NEET) narrate their working life trajectories linked to health, agency and gender relations.MethodsTwelve early school leavers in the Swedish Northern Cohort (six women and six men) were interviewed over 40 years about their working life and health. Their life stories were analysed using structural narrative analysis to examine the evolution of their working life paths and to identify commonalities, variations and gendered patterns.ResultsAll the participants started in the same position of “an unhealthy gendered working life in youth due to NEET status”. Subsequently, three distinct working life paths evolved: “a precarious gendered working life with negative health implications”, “a stable gendered working life in health challenging jobs” and “a self-realising gendered working life with improved health”. Agency was negotiated through struggle narratives, survival narratives, coping narratives and redemption narratives.ConclusionsEven in a welfare regime like Sweden’s in the early 1980s, early school leavers not in education, employment or training experienced class-related and gendered working and living conditions, which created unequal conditions for health. Despite Sweden’s active labour market policies and their own practices of agency, the participants still ended up NEET and with precarious working life paths. Labour market policies should prioritise reducing unemployment, combating precarious employment, creating job opportunities, providing training and subsidised employment in healthy environments, and offering grants to re-enter further education. Our study highlights the need for further analyses of the contextual and gendered expressions of health among early school leavers throughout their lifetime, and of individual agency in various contexts for overcoming adversities.

Ethical Implications of AI in Criminal Justice: Balancing Efficiency and Due Process

The integration of Artificial Intelligence (AI) into criminal justice systems presents a complex landscape of opportunities and challenges. This research article critically examines the ethical implications of AI applications in various facets of criminal justice, from predictive policing to sentencing algorithms. While AI promises enhanced efficiency and data-driven decision-making, it simultaneously raises significant concerns about fairness, transparency, and the preservation of due process rights. This study employs a multidisciplinary approach, combining legal analysis, ethical philosophy, and empirical research to evaluate the current state of AI in criminal justice and project future trajectories. We analyze case studies from multiple jurisdictions, highlighting both successful implementations and controversial failures of AI systems in law enforcement and judicial processes. Our findings reveal a tension between the pursuit of efficiency through AI and the fundamental principles of due process. We identify several key ethical challenges, including algorithmic bias, lack of transparency in decision-making processes, and the potential erosion of human judgment in critical legal determinations. The research also uncovers disparate impacts on marginalized communities, raising concerns about the exacerbation of existing inequalities within the justice system. To address these challenges, we propose a comprehensive ethical framework for the development and deployment of AI in criminal justice. This framework emphasizes the need for continuous human oversight, regular audits of AI systems, and the establishment of clear accountability mechanisms. We argue for a balanced approach that leverages the benefits of AI while safeguarding individual rights and maintaining the integrity of judicial processes. The article concludes by outlining policy recommendations and best practices for lawmakers, judiciary, and law enforcement agencies. These recommendations aim to foster responsible innovation in criminal justice AI, ensuring that technological advancements align with ethical standards and constitutional protections. Our research contributes to the ongoing dialogue on AI ethics in the legal domain and provides a roadmap for the ethical integration of AI in criminal justice systems worldwide.

Trends and prospects for the development of the derivatives market in Russia under sanctions

Aim. To analyze trends on the derivatives market in Russia under sanctions and identify prospects for its development.Objectives. To study the theoretical basis and functions of the derivatives market; to analyze its current state in Russia, to assess the impact of sanctions on the dynamics and structure of the derivatives market; to identify trends and determine scenarios for its development in the Russian state under sanctions; to develop recommendations to improve the efficiency and development of the derivatives market under external pressure.Methods. The author applied the methods of analysis, synthesis, generalization, comparison, analogy, historical analysis. The analysis of publications with the subsequent interpretation has been carried out, the results of research have been summarized, on the basis of which the author’s understanding of the derivatives market development trends has been derived. Comparison of the existing opinions concerning the considered problems was carried out, statistical data were investigated.Results. Under the conditions of sanctions Russian banks, financial organizations, exporters and importers faced restricted access to international markets, there were changes in demand, there were needs for new instruments. Sanctions contribute to the development and implementation of new instruments in the derivatives market. The main scientific result of the work is to identify effective approaches to the development of the derivatives market under external pressure. The results of the study can be used in the practice of financial institutions, banks and government agencies to develop strategies and development of operations with derivatives.Conclusions. The derivatives market plays an important role in the Russian economy, performing the functions of risk hedging, price formation and contributing to the predictability of financial flows, which is especially important in the conditions of sanctions pressure. An assessment of the current state of the derivatives market in Russia has revealed significant changes in its structure and dynamics. The introduction of sanctions led to the introduction of new financial instruments, sanctions stimulated innovation and development of domestic infrastructure. The role of financial market infrastructural organizations, state institutions and the Bank of Russia is increasing. There is a growing interest in local and regional hedging instruments, increasing importance of the domestic market and markets of friendly countries. The prospects for the development of the derivatives market in the Russian state look promising if a number of steps are realized. Possible development scenarios include: further strengthening of internal infrastructure, simplification of accounting procedures, development of new financial products adapted to current conditions.

Beginning Teachers as Change Agents—for Sustainable Societies

Based on findings from a study of beginning teachers’ concepts of professionalism in Jamaica, this paper argues for the development of pedagogy in teacher education to address sustainability. The findings indicate that at the core of beginning teachers’ concept of the teacher as a professional is that of the teacher as a change agent. What these teachers mean when they speak of change agents and change agency is the subject of this paper. Specifically the paper analyzes prospective and beginning teachers’ understanding and practice of change agency within the context of one of the critical philosophies of our times—that of sustainability. The analysis reveals the gaps and limitations of their understanding and practice. The paper concludes by suggesting how teacher education pedagogy, focused on sustainability, would have enabled these teachers to be effective change agents.

The role of external review in enhancing tax planning practices for investment agencies and companies in the sports sector and its impact on the Saudi economy

The role of external review in enhancing tax planning practices for investment agencies and companies in the sports sector and its impact on the Saudi economy

Potential of Metaverse as New Technology to Improve the Property Agency Practice

Metaverse technology is regarded as the new revolution of the internet. It is a digital world that allows users to create their own avatars to interact and socialise with others. The continued development of the metaverse will change the way houses are viewed and transacted in the future, improving real estate agents' marketing practices. This research aims to understand the awareness and perspectives of real estate agents about metaverse technology. Therefore, the first research objective is to investigate the level of awareness of metaverse technology among real estate agents in Malaysia. The second research objective is to examine the perceived benefits of adopting metaverse technology by real estate agents in Malaysia in the future. Questionnaires were distributed to real estate agents who work in Malaysia and are registered under the Board of Valuers, Appraisers, Estate Agents, and Property Managers. The collected data were analysed using frequency analysis, crosstabulation analysis, and mean score analysis. Overall, the findings show the level of awareness of metaverse technology among real estate agents in Malaysia and their perspectives on its adoption as part of their practices. Thus, this research can contribute to real estate agents, practitioners, firms, and researchers.

Организационная структура преступной деятельности по сбыту наркотических средств и психотропных веществ бесконтактным способом

The article is devoted to the study of the organizational structure of criminal activity in the sale of narcotic drugs and psychotropic substances in a noncontact manner. It is indicated that the introduction of information and telecommunication technologies into the drug trade gives criminals a number of advantages over those who oppose them. This ensures a high degree of anonymity for both drug purchasers and those involved in their sale through the introduction of various programs, instant messengers, etc. It is stated that against the backdrop of the continuing growth of crimes related to the sale of prohibited substances using information technology, law enforcement agencies are unable to radically influence the current criminal situation in this area, since they work using old familiar methods. The author's view of this problem is substantiated taking into account the drug situation in the country. Purpose: to study the problem of the organizational structure of criminal activity for the sale of narcotic drugs and psychotropic substances in a noncontact manner in order to counter the illicit trafficking of narcotic drugs and psychotropic substances. Research methods: the basis was a dialectical method of understanding the organizational structure of criminal activity in the sale of narcotic drugs and psychotropic substances in a non-contact manner from the standpoint of scientific research and the practice of law enforcement agencies. The authors identified signs characteristic of organized criminal groups involved in the contactless sale of drugs. The need for an integrated approach to solving the problem is outlined. Conclusions: the feasibility of studying the organizational structure of criminal activity in the contactless sale of drugs is proved, as well as the need for adequate counteraction from law enforcement agencies, the need to develop a methodology for identifying and investigating the illegal sale of narcotic drugs and psychotropic substances. The scientific and practical significance of the study lies in the substantiation of the study of the organizational structure of criminal activity in the contactless sale of drugs, as well as the adoption of comprehensive measures to combat the illicit trafficking of narcotic drugs and psychotropic substances.

Emergency Medical Service Agency Practices and Cardiac Arrest Survival

Survival for out-of-hospital cardiac arrest (OHCA) varies widely across emergency medical service (EMS) agencies in the US. However, little is known about which EMS practices are associated with higher agency-level survival. To identify resuscitation practices associated with favorable neurological survival for OHCA at EMS agencies. This cohort study surveyed EMS agencies participating in the Cardiac Arrest Registry to Enhance Survival (CARES) with 10 or more OHCAs annually during January 2015 to December 2019; data analyses were performed from April to October 2023. Survey of resuscitation practices at EMS agencies. Risk-standardized rates of favorable neurological survival for OHCA at each EMS agency were estimated using hierarchical logistic regression. Multivariable linear regression then examined the association of EMS practices with rates of risk-standardized favorable neurological survival. Of 577 eligible EMS agencies, 470 agencies (81.5%) completed the survey. The mean (SD) rate of risk-standardized favorable neurological survival was 8.1% (1.8%). A total of 7 EMS practices across 3 domains (training, cardiopulmonary resuscitation [CPR], and transport) were associated with higher rates of risk-standardized favorable neurological survival. EMS agencies with higher favorable neurological survival rates were more likely to use simulation to assess CPR competency (β = 0.54; P = .05), perform frequent reassessment (at least once every 6 months) of CPR competency in new staff (β = 0.51; P = .04), use full multiperson scenario simulation for ongoing skills training (β = 0.48; P = .01), perform simulation training at least every 6 months (β = 0.63; P < .001), and conduct training in the use of mechanical CPR devices at least once annually (β = 0.43; P = .04). EMS agencies with higher risk-standardized favorable neurological survival were also more likely to use CPR feedback devices (β = 0.58; P = .007) and to transport patients to a designated cardiac arrest or ST-segment elevation myocardial infarction receiving center (β = 0.57; P = .003). Adoption of more than half (≥4) of the 7 practices was more common at EMS agencies in the highest quartile of favorable neurological survival rates (70 of 118 agencies [59.3%]) vs the lowest quartile (42 of 118 agencies [35.6%]) (P < .001). In a national registry for OHCA, 7 practices associated with higher rates of favorable neurological survival were identified at EMS agencies. Given wide variability in neurological survival across EMS agencies, these findings provide initial insights into EMS practices associated with top-performing EMS agencies in OHCA survival. Future studies are needed to validate these findings and identify best practices for EMS agencies.

Navigating the Landscape: Barriers and Facilitators in Electronic Case Reporting Implementation Across Public Health Agencies.

The objectives were to identify barriers and facilitators for electronic case reporting (eCR) implementation associated with "organizational" and "people"-based knowledge/processes and to identify patterns across implementation stages to guide best practices for eCR implementation at public health agencies. This qualitative study uses semistructured interviews with key stakeholders across 6 public health agencies. This study leveraged 2 conceptual frameworks for the development of the interview guide and initial codebook and the organization of the findings of thematic analysis. Interviews were conducted virtually with informants from public health agencies at varying stages of eCR implementation. Investigators aimed to enroll 3 participants from each participating public health agency, including an eCR lead, a technical lead, and a leadership informant. Patterns associated with barriers and facilitators across the eCR implementation stage. Twenty-eight themes were identified throughout interviews with 16 informants representing 6 public health agencies at varying stages of implementation. While there was variation across these levels, 3 distinct patterns were identified, including themes that were described (1) solely as a barrier or facilitator for eCR implementation regardless of implementation stages, (2) as a barrier for those in the early stages but evolved into a facilitator for those in later stages, and (3) as facilitators that were unique to the late-stage implementation. This study elucidated critical national, organizational, and person-centric best practices for public health agencies. These included the importance of engagement with the national eCR team, integrated development teams, cross-pollination, and developing solutions with the broader public health mission in mind. While the implementation of eCR was the focus of this study, the findings are generalizable to the broader data modernization efforts within public health agencies.

The dark side of the new space economy: Insights from the sustainability reporting practices of government space agencies and private space companies

AbstractGovernmental and private companies in the New Space Economy collaborate to realise valuable space products and services, yet this partnership raises sustainability concerns. This study investigates whether and how space companies address social and environmental aspects in their collaborative activities. Focusing on the launch service segment in Europe and the USA, we conducted a content analysis of financial and non‐financial reports and websites by using the legitimacy theory framework. This study reveals that space companies emphasise the positive social and environmental impacts of their collaboration while providing limited information on potential drawbacks. They extensively outline measures to mitigate social and environmental damages, aiming to present a favourable image of their activities. This research contributes to fostering the debate on social and environmental accounting and accountability of space actors. It sheds light on how they report on sustainability aspects offering insights into the legitimacy strategies they use and promoting their accountability.

THE SIGNIFICANCE OF THE LAW ON AMICABLE RESOLUTION OF LABOR DISPUTES AND THE REVIEW OF THE PRACTICE THUS FAR

During the work process, numerous instances of dispute regarding the positions of the employees, or the interpersonal relations between them or between them and their employer may arise. In addition to the traditional judicial method of labor dispute resolution, it is necessary to develop independent and impartial negotiation mechanisms between the parties in the area of individual and collective labor disputes. In Serbia, these are certainly the arbitration settlement of individual and collective labor disputes, and conciliation as a method of resolving collective labor disputes within and through the Republic Agency for Peaceful Settlement of Labor Disputes. There are many benefits to peaceful labor dispute settlement. The goal of supplementary procedures, i.e. procedures for peaceful labor dispute resolution, is to relieve the traditional judicial approach and direct it to the procedures where a judicial settlement of the dispute is truly necessary. Besides the concept, advantages and characteristics of the amicable labor dispute settlement procedures, certain types of these procedures such as mediation, conciliation and arbitration are also analyzed in the theoretical section of this paper, as well as the most important provisions of the Employment Act and the Law on Amicable Resolution of Labor Disputes. In the research section of this paper, the practice of the Republic Agency for Peaceful Settlement of Labor Disputes in the procedures of amicable labor dispute settlement, both for the territory of the Republic of Serbia and the territory of the City of Novi Sad, is analyzed. The primary research data source was the official data of the Republic Agency for Peaceful Settlement of Labor Disputes. The paper is methodologically based on a theoretical analysis of relevant contemporary theoretical views, a normative analysis of legislative sources, and a quantitative analysis of statistical indicators in the domain of the research subject.

Towards an international regulatory framework for AI safety: lessons from the IAEA’s nuclear safety regulations

This study explores the necessity and direction of safety regulations for Artificial Intelligence (AI), drawing parallels from the regulatory practices of the International Atomic Energy Agency (IAEA) for nuclear safety. The rapid advancement and global proliferation of AI technologies necessitate the establishment of standardized safety norms to minimize discrepancies between national regulations and enhance the consistency and effectiveness of these rules. The study emphasizes the importance of international collaboration and the engagement of various stakeholders to strengthen the appropriateness of regulations and ensure their continuous updating in response to the evolving risks associated with technological advancements. The paper highlights the critical role of subgoal setting mechanisms in AI’s decision-making processes, underscoring their significance in ensuring the technology’s stability and social acceptability. Improperly tuned subgoal setting mechanisms may lead to outcomes that conflict with human intentions, posing risks to users and society at large. The study draws attention to the hidden risks often embedded within AI’s core decision-making mechanisms and advocates for regulatory approaches to guarantee safe and predictable AI operations. Furthermore, the study acknowledges the limitations of directly applying IAEA’s nuclear safety cases to AI due to the distinct characteristics and risks of the two fields. The paper calls for future research to delve deeper into the need for an independent regulatory framework tailored to AI’s unique features. Additionally, the study emphasizes the importance of accelerating international consensus, developing flexible regulatory models that reflect the situation in each country, exploring harmonization with existing regulations, and researching timely regulatory responses to the fast-paced development of AI technology.

The Commercial Determinants of Violence: Identifying Opportunities for Violence Prevention through a Public Health-Based Framework Analysis.

Violence has immediate and long-term repercussions for the health of individuals and communities. Recent increases in the understanding of public health approaches to violence prevention have focused on the policies and practices of government, health, and other public sector agencies. However, the roles of commercial bodies in fostering and preventing violence remain largely unaddressed. The wealth and influence of some companies now exceeds that of many countries. Consequently, it is timely to explore the roles of commercial processes in violence. Using a conceptual framework for the commercial determinants of health, we examine seven practices: political; scientific; marketing; supply chain and waste; labor and employment; financial; and reputational management. We include areas directly linked with violence (e.g., firearms) and those that indirectly impact violence through the following: design and promotion of products; employment practices; and impacts on environment, poverty, and local resources. A range of avoidable commercial behaviors are found to increase levels of violence including the following: lobbying practices; distortion of scientific processes; polluting manufacture and supply lines; poor employee protections; financial investment in organizations and regimes associated with violence; and misleading communications and marketing. We conclude commercial actors can take action to ensure their workers, clients, suppliers, and distributors help prevent, not promote, violence. New technologies such as artificial intelligence are transforming corporate processes and products and offer opportunities to implement violence prevention through commercial developments (e.g., monitoring online content). International regulation of commercial behaviors is needed to prevent interpersonal and interstate conflict and harms to health and trade.

Запрос о правовой помощи: анализ правоприменительной практики

Request for legal assistance is one of the key tools of international cooperation of law enforcement agencies of many countries. The Russian Federation actively uses this mechanism in order to obtain the necessary information, to conduct certain procedural, investigative and operative-search actions within the framework of a criminal case, when it is not possible to carry out these or those actions on the territory of Russia (for example, the witness, suspect arrive in another country, property, documents and/or other objects of the material world, on which information is required, are in the possession and/or on the territory of another state). However, the issue under consideration has not been sufficiently studied in the doctrine of criminal procedural law, the empirical basis has not been investigated. The author analyses the law enforcement practice of law enforcement agencies of the Russian Federation, empirical data, identifies existing problems, errors and shortcomings in the work of specialists when sending requests for legal assistance, as well as points out the main reasons for refusals to execute requests, offering a number of developed recommendations based on international experience.

Assessing Comparators of the Trademarks before Confusion for Establishing Unfair Competition through the Social Network – Georgian Perspective

The Article aims to assess regulation of unfair competition through the social network in relation to the trademark by relevant Georgian and international legislation in force. In particular, the Article through comparative analyses describes distinctive matters in the practice of the Georgian National Competition Agency with contrast to best international practice, including case law of EU member states. The Article discuss false and inappropriate advertising using communication means regarding registered trademark and use of internet domain in the context of classifying unfair competition. Besides challenging issues mentioned above, the Article distributes comprehensive study on distinguishing “legal name" and "commercial name” of trademarks before confusion when using for advertising purposes. Accordingly, the Article examines rule of necessity of the cumulative presence of three established (visual, phonetic and semantic) comparators for determination of confusion between trademarks through the prism of unfair competion legislation.