Protection Standards Research Articles

Reviewing the Standards for protection of Geographical Indications in Tanzania: A case of Kyela Rice

This paper examines the standards for effective protection of Geographical Indications in Tanzania. The Trade-Related Aspects of Intellectual Property Rights Agreement (herein after the TRIPS Agreement) provides for obligations of state parties to the Agreement to protect intellectual property rights in their respective countries. However, the TRIPS Agreement does not specifically state the conditions or standards for the protection of geographical indications. This paper reviewed various legal instruments to establish the essential standards that can be adopted to protect geographical indications of Kyela Rice. The methodology used to collect data is documentary review and data are analyzed using content analysis.

O TRÁFICO INTERNACIONAL DE PESSOAS PARA FINS DA EXPLORAÇÃO SEXUAL NO BRASIL

This paper aims to analyze international human trafficking for sexual exploitation in Brazil. This crime represents not only a vulnerability on the part of the victims of this crime, but also, and mainly, a failure of the State towards them. This criminal offense predomitantly affects those who are marginalized from society, who are lured by the promise of a change in their lives, of fulfilling a dream that would be unattainable in their home country due to their reality. Criminals demonstrate that in a given country it is fully achieved. Therefore, this study seeks to understand how this practice has occurred over time and with Brazilian legislative developments regarding protection standards. Justifica-se a análise, pois a sua incidência vem crescendo cada vez mais. Brazil will be analyzed since it is considered a supplier of women, trans people and children for this market, aiming to understand how the practice of this crime is typified in the Brazilian legal system, and what public policies have been developed; and also to analyze the international agreements of greatest relevance to the subject, the main one being the Palermo Convention. To this end, the work developed is the result of qualitative research that used the deductive method, through documentary and bibliographical research, statistical analysis and the verification of some operations carried out by the State. Finally, it can be concluded that the study and understanding of this theme is extremely important for the prevention of human trafficking.

Effects of economic drivers on work health and safety in global supply chains: A discussion of the effectiveness of regulatory strategies and their economic contexts

Abstract Outlining the economic significance of the role of global supply chains (GSCs) in the organisation of the global economy, this paper initially presents some indications of health and safety outcomes in low- and middle-income counties (LMICs) where GSCs source much of the production destined for use in advanced economies. It goes on to discuss the operational dynamics of these chains and the corporate priorities that they reflect, which, it argues, do little to improve the poor work health and safety (WHS) outcomes in LMICs. It then examines evidence for the effectiveness of various private and public regulatory strategies that are claimed to bring about improved health and safety practices and outcomes among GSC suppliers in these countries. The paper critically evaluates this evidence and argues that, while there may be some examples of effective strategies and regulatory practices in particular contexts, their overall influence remains limited. It identifies and discusses the principal reasons for these limitations and concludes that the global regulation of conditions of labour – including WHS – at the end of GSCs falls well short of universal best practice and is, more generally, insufficient to counter the economic forces working against the maintenance of adequate standards of worker protection.

Cramming down cross-border secured debt under the Insolvency Regulation and the Directive on Restructuring and Insolvency: laws in conflict or in development?

Article 8 of the European Insolvency Regulation provides creditors with security rights on assets located in another member state than where insolvency proceedings are opened with the remarkable position that the opening of the insolvency proceedings cannot affect their security right. This has been heavily debated in the past, including whether art. 8 EIR protects against a reduction of the cross border secured claim in foreign insolvency proceedings. This debate is cast in a new light by not only the increased interconnectivity of the European continent since the development of (predecessors of) art. 8 EIR, but also by the introduction of the Directive on Restructuring and Insolvency and the plan-proceedings it has sparked. Whilst art. 8 EIR aims to protect cross border secured creditors against unexpected foreign insolvency proceedings, cross border secured creditors can now no longer legitimately expect that other member states have not implemented the Directive and incorporated in their national law plan proceedings that can bind secured creditors. The Directive not only shapes the legitimate expectations of cross-border secured creditors, it also sets a new standard for restructuring proceedings, including a new standard of creditor protection with the best interest test. This paper argues that in this light art. 8 EIR should be interpreted as to not prevent a cram down of cross-border secured claims that meets the safeguards of the Directive, although amendment of art. 8 EIR to adapt it to the new Directive is to be preferred.

PROGRESSO DO BRASIL NA IMPLEMENTAÇÃO DE ÁREAS COSTEIRAS E MARINHAS PROTEGIDAS COM FOCO NA META 11 DE AICHI

he rapid global loss of biodiversity has promoted initiatives to develop a global network of Protected Areas (PAs), with the Aichi targets suggesting that countries protect at least 17% of continental areas and 10% of marine and coastal areas. For Brazil, there is a knowledge gap regarding the evaluation of qualitative and quantitative objectives through practical indicators of goal achievement and effective management. This study holistically addresses the conservation status of Brazil concerning Aichi Target 11 for marine and coastal ecosystems, using systematic literature review and marine spatial coverage analysis. The results show an increase to 26% of marine spatial coverage, with greater coverage by Environmental Protection Areas. There is a predominance of studies on "Management Effectiveness," with less focus on equitable management and integration between terrestrial and marine landscapes. Indicators primarily focus on "Ecological" and "Governance" dimensions, neglecting "Social" and "Economic" dimensions. Key challenges include the need for increased financial investment, connectivity between protected areas with different social and ecological contexts, and local community involvement in equitable management. Additionally, there is a need for increased coverage of integral protection areas and standardization of qualitative assessments. Keywords: Protected areas; Management effectiveness; Aichi Target 11; Conservation policy; Coastal and marine systems.

Evaluation of the Applicability of Waste Rubber in Insulation Panels with Regard to Its Grain Size and Panel Thickness.

This paper explores the effect of waste rubber grain size on the porosity, modulus of elasticity, thermal properties, and soundproofing performance of polymer composites with different thicknesses (10, 15, and 20 mm). All properties were tested in accordance with European standards, with the exception of porosity, which was measured using Archimedes' principle. The findings indicate that with a consistent amount of polyurethane glue, finer rubber grains result in composites with higher porosity, leading to a lower modulus of elasticity but enhanced thermal and sound insulation. In contrast, coarser rubber grains produced composites with lower porosity and a higher modulus of elasticity, though with slightly reduced thermal insulation and significantly worse soundproofing. A combination of fine and coarse rubber grains provided a balanced performance, offering both good thermal and sound insulation while maintaining a high modulus of elasticity. Among the thicknesses tested, 15 mm was identified as optimal, combining a relatively high modulus of elasticity, low thermal conductivity, and better airborne sound insulation index. Future research will focus on applying this composite in concrete building products that meet noise protection and energy efficiency standards.

Unjust Deprivation of Liberty During the Criminal Process: The Romanian National Standard Compared to the European Standard for the Protection of Individual Freedom in Judicial Proceedings

The provisions of international documents that guarantee the fundamental right to freedom and security are transposed into Romanian legislation both in the Constitution and in the Code of Criminal Procedure. In this context, the present study aims to analyze the national standard of protection of individual freedom in judicial proceedings compared to the standard established by the Convention for the Protection of Human Rights and Fundamental Freedoms. Through documentation, interpretation, and scientific analysis as the main research methods, this paper emphasizes the possibility of establishing, through domestic legislation, a level of protection higher than that imposed by the conventional standard. From this perspective, by regulating a right to repair the damage suffered in the situation of unjust deprivation of liberty as a result of ordering a preventive measure, the national standard of protection established by the Romanian Code of Criminal Procedure is higher than the European standard. This study concludes with a proposal to expand the current procedural framework configured by the provisions of the Romanian Code of Criminal Procedure (with the amendments made in 2023) regarding the special procedure for repairing the damage suffered as a result of the illegal or unjust deprivation of liberty during the criminal process.

A Comparative Analysis of Patent Laws in Afghanistan and the TRIPS Agreement

The Agreement on Trade-Related Aspects of Intellectual Property Rights provides for a minimum standard of Intellectual protection. All WTO member countries are under an obligation to comply with the provision of provisions Agreement. Afghanistan, as a member of the WTO, in the case of intellectual property rights, committed to full implementation of the provision of the TRIPS Agreement. Hence, is required to coordinate all its trade law, including patent law. This research paper examines Afghanistan's patent regime in relation to the RTIPs Agreement. The paper provides a comprehensive overview of the fundamental concept of patents and the historical background of patents in the legal system of Afghanistan. It then delves into an analysis of the law and regulations in Afghanistan, evaluating their compliance with the TRIPs agreement. The findings of this research indicate that Afghanistan patent law is compatible with the minimum standard of patent protection in the TRIPs Agreement. Nevertheless, Afghanistan’s patent law is insufficient, there are certain legal lacuna in its provisions which must be amended.

Protection Against Arbitrary or Discriminatory Measures in International Investment Law

Protection against arbitrary or discriminatory measures is a clause for the protection of foreign investments that is included in international investment agreements. The clause imposes an obligation on the state where the investment is made not to harm foreign investments by arbitrary or discriminatory measures. Although it is sometimes overshadowed by other investment protection standards in international investment arbitration, it is actually an independent standard that is frequently regulated in investment agreements. In this article, firstly, the drafting of the protection against arbitrary or discriminatory measures in international investment agreements, its elements and its historical development are discussed. After that, the meaning and scope of the concepts of "arbitrariness" and "discrimination", which are two elements, were examined.

SPECIAL MEASURES FOR SEX OFFENDERS AND POTENTIAL HUMAN RIGHTS VIOLATIONS

Child sexual abuse has attracted enormous attention and occupied significant media space in recent decades. This increased attention has resulted in the creation of strategies aimed at responding to sexual abuse in general, and has been motivated by both the need to prevent reoffending and the desire to adequately respond to the expectations of the wider public. Measures aimed at responding to sexual offenses have become fertile ground for the introduction of various innovations. This may result in the violation of sex offenders’ human rights, and any state based on the rule of law should not allow this. This paper is devoted predominantly to the analysis of the Croatian and Serbian current legal frameworks related to the application of specific measures aimed at sex offenders to establish whether these frameworks are aligned with the relevant human rights protection standards. It has been established that the level of compliance of the two national legislations with the international legal framework is high although there is room for additional corrections. The objective of the paper is to give recommendations for harmonizing the above area with the modern legal acquis, and primarily with the standards established through the case law of the European Court of Human Rights.

Visual signal transduction for environmental stewardship: A novel biosensing approach to identify and quantify chlorpyrifos-related residues in aquatic environments

The pervasive presence of organophosphate pesticides (OPs), such as chlorpyrifos (CPF), in aquatic ecosystems underscores the urgent need for sensitive and reliable detection methods to safeguard environmental and public health. This study addressed the critical need for a novel biosensor capable of detecting CPF and its toxic metabolite, 3,5,6-trichloro-2-pyridinol (TCP), with high sensitivity and selectivity, suitable for field applications in environmental monitoring. The study engineered a whole-cell biosensor based on E. coli strains that utilize the ChpR transcriptional regulator and the vioABCE gene cluster, providing a distinct visual and colorimetric response to CPF and TCP. The biosensor's performance was optimized and evaluated across various water matrices, including freshwater, seawater, and soil leachate. The biosensor demonstrated high sensitivity with a broad linear detection range, achieving limits of detection (LODs) at 0.8 μM for CPF and 7.813 nM for TCP. The linear regression concentration ranges were 1.6–12.5 μM for CPF and 15.6–125 nM for TCP, aligning with environmental standard limits and ensuring the biosensor's effectiveness in real-world scenarios. This innovative biosensing approach offers a robust, user-friendly tool for on-site environmental monitoring, significantly mitigating OPs contamination and advancing current detection technologies to meet environmental protection standards.

Understanding bi-modal seas, shingle beach response and flood risk at Hayling island, UK

Beach management through nourishment and annual recycling has been applied for over 37 years to manage flood and coastal erosion risk to 1700 properties at Eastoke, Hayling Island, UK. This form of natural flood risk management has proved successful in avoiding the annual flooding that blighted this area previously. However there have been unexpected storm events which have caused beach erosion and localised flooding. Using long-term nearshore wave datasets and state-of-the-art statistical methods, new multivariate extreme wave conditions were derived. The conditions were applied to simulate beach profile response, estimated bimodal overtopping rates and resulting flood inundation, then validated against recent storm events. The Eastoke beach was found to meet its original design criteria of a 0.5% AEP standard of protection for unimodal wave conditions. However, it experiences greater roll back erosion, wave overwash and therefore flood inundation under certain bimodal wave conditions, causing uncertainty around the future standard of protection.It remains unclear if the unexpected beach response at Eastoke resulted from increased storminess due to climate change, additional loading by mixed sea/swell events, increasing bimodal events, or the assumptions within the original bivariate analysis, leading to incorrect AEP attribution.Communicating these issues to practitioners and a non-specialist audience is challenging as we tend to oversimplify, despite every beach and storm being unique. Better understanding of mixed beaches both in situ and through parametric and numerical models would reduce uncertainty, to ensure communities are resilient to climate change.

Knowledge and practices of interventional radiology staff regarding radiation protection

Interventional radiology (IR) has become a widespread medical imaging technique, offering minimally invasive treatment options. However, IR procedures can expose patients and staff to substantial radiation risks, necessitating enhanced radiation protection practices. This study aimed to survey the knowledge and practices of interventional radiology staff regarding radiation protection. A cross-sectional study with a descriptive aim, based on a questionnaire was done. The study subjects were all healthcare personnel of all specialties having practiced in interventional radiology between 2019 and 2022 at the University Hospital Center of Rabat. The statistical processing was carried out using Microsoft Excel 2013® and the IBM SPSS Statistical program version 20 (IBM Inc. NY, USA). The results indicated that 59.4% of participants had not received any specific training in radiation protection, and 45% were unaware of the radiation-induced risks associated with interventional radiology procedures. Regarding safety practices, 75% of participants maintained a distance of at least 1 meter from the x-ray source, while only 6% used the lowest possible exposure settings. Concerning the use of radiation protection devices, 87.5% of participants wore a lead apron, 75% used a thyroid shield, 6.3% wore lead glasses, and 37.5% utilized suspended mobile screens, whereas 12.5% did not use any radiation protection devices. Additionally, 84% of participants wore their personal dosimeter, though not consistently. The knowledge and practices of most interventional radiology personnel are inadequate for effective radiation protection. Regular, ongoing training in radiation safety is essential to improve adherence to protection standards and enhance overall safety in clinical practice.

International and European standards of regulation of the institute of whistleblowers

The article is devoted to clarifying the peculiarities of the international and European standards of regulation of the institute of whistleblowers. It was found that whistleblowers play an important role in detecting violations that can cause significant damage to society, accordingly, international and European standards protect not only the right of every person to disclose information of public interest, but also the rights of persons who report such information ( whistleblowers). It has been established that the concept of «whistleblower» is most widely interpreted by Directive 2019/1937 of the EU and the Council of the EU on the protection of persons who report violations of Union legislation. It was determined that the standards for the protection of the rights of whistleblowers, but only in the field of corruption, are contained in the UN Convention against Corruption, the Criminal Convention on the Fight against Corruption, the Civil Convention on the Fight against Corruption, among them, in particular, the duty of the states that have joined them to determine the competent authority(ies) for reporting whistleblowers and the ability to provide them with the protection they need. At the same time, attention is focused on the fact that EU Directive 2019/1937, in contrast to the mentioned acts, more broadly defines the standards for the protection of whistleblower rights, in particular: it extends its effect simultaneously to the private and public sectors, provides for the protection of not only persons who report violations, but also of persons who contributed to such a report, relatives, colleagues of whistleblowers, etc., as well as persons who suffered from false reports of whistleblowers, which minimizes abuse of the latter’s status (protection). The essential role of the ECtHR’s practice in establishing standards for the regulation of the whistleblower institute is emphasized. It was found out that the ECtHR determines the very concept of «exposure» as one of the manifestations of freedom of expression, which is guaranteed by Article 10 of the Convention on the Protection of Human Rights and Fundamental Freedoms and provides for adequate protection for whistleblowers from arbitrary interference in the exercise of this freedom and retaliation for the consequences of its exercise . Analysis of the practice of the ECtHR shows that the court is gradually expanding the standards of protection of whistleblowers, emphasizing their role in exposing violations in various areas and protecting public interests.

Insurance secrecy

This article discusses the issues related to insurance secrecy, which is an important matter from the perspective of insurance practice. The insurance is based on clients’ confidence in the payment of benefits if an event covered by the insurance has occurred as well as on the assumption that crucial data concerning major facts of the client’s life provided in the course of concluding the insurance contract (specifically in the medical survey concerning the insured’s health condition) and while the insurance relationship persists will be disclosed to nobody in an unauthorised manner. Insurance secrecy is a professional secrecy regulated by the Act of 11 September 2015 on Insurance and Reinsurance Activity in order to ensure the confidentiality of data transmitted and to maintain clients’ confidence in insurance companies. Insurance secrecy is related to the protection standard of the right to privacy, with this right constituting one of the major values.This article deals with the temporal, territorial, material and subjective scope of applying the insurance secrecy, principles of liability for the breach thereof, as well as the admissibility of consent to release the information covered by the secrecy, by citing different voices concerning those issues. In addition, the author presents judgments relating to a number of aspects concerning the practical application of provisions concerning the insurance secrecy and highlighting the basic characteristic of the institution in question. Some practical aspects related to the application of the insurance secrecy are also addressed, taking into account the current realities of the insurance market, including technical solutions (e.g. social media), by means of which beneficiaries of insurance contracts or the insured themselves inform the public about the liquidation procedure, which puts the insurance companies, or more broadly the insurance distributors, in a more difficult position in terms of their image. Finally, some de lege ferenda proposals are put forward in respect of those aspects of insurance secrecy, which, in the authors’ opinion, need to be dealt with by the legislator.

International Legal Protection of Intellectual Property in the Period of Digitalization

This article explores current issues related to changes in the regulation of intellectual property in the era of active digitization. The paper examines the impact of digital technologies on the creation, protection, and utilization of intellectual assets. The author proposes specific measures and mechanisms aimed at modernizing international standards and regulatory acts in this field. In particular, there is a need for the modification of existing international conventions and agreements, as well as the development of new standards for security and data protection, strengthening law enforcement mechanisms, and establishing international systems for monitoring and controlling digital content. The proposed measures are intended to ensure more effective counteraction to violations of intellectual property rights in the context of rapid development of digital technologies and increasing demands for their protection.

The Interplay Between Global Digital Trade and Data Privacy Policy: A Comprehensive Review

In the era of big data, international trade has gone through a digital transformation and developed into a new stage of digital trade. The gradual prosperity of digital trade and the increasing contribution of digital elements to the economy of countries and the international community also bring about problems such as data abuse, surveillance, privacy infringement, and regulatory difficulties. In order to adapt to the development trend of digital trade, countries are paying more attention to cross-border data flow and data privacy protection, in order to maintain national security and the data security of various entities. Therefore, this article analyzes the current situation and trends of digital trade, considers the security issues of data privacy from the perspective of different entities, links key issues such as cross-border data flow, data rights, and privacy rights, explores the current status of relevant domestic and foreign legal and regulatory systems, and conducts comparative analysis. The analysis results show that due to different values, there are significant differences in policies regarding digital trade and privacy protection among countries. The commonality is that none of them have established appropriate legal protection systems for data elements and privacy rights to promote the development of digital trade. Under the trend of technological development, data privacy will also be impacted by new technologies through digital trade. Therefore, in response to the expanding demand for data regulation, all entities should improve their privacy protection and cross-border data flow policies and standards from both internal and international perspectives.

How Well Are We Protecting Human Research Subjects?

Protecting human research subjects is an ethical mandate for all contemporary research involving human subjects. From 1974 to 1999, we had the institutional review board (IRB) system and the Common Rule, but realized that in addition to IRBs, investigators, institutions, sponsors of research, research participants, and the government, all share responsibilities in protecting human research subjects. Starting 2000, institutions established human research protection programs to ensure the rights and welfare of research participants and to meet human research ethical and regulatory requirements. Some institutions had their human research protection programs further accredited to ensure rigorous standards for quality and protection. In 2018, the Common Rule was extensively revised to modernize the regulations by enhancing protections and reducing burden for researchers. However, throughout these periods, we did not know how well we were protecting human research subjects, because we did not know how to measure human research subject protections. With the publication of human research subject protections performance metrics in 2023, it becomes possible for the first time to assess quantitatively how well we are protecting human research subjects. Research institutions can now monitor the effectiveness of their human research protection programs and identify areas of vulnerability for quality improvement. We should also be able to determine how well human research protection programs are doing in protecting human research subjects; determine whether external accreditation improves human research subject protections and whether the revised Common Rule in fact leads to enhanced protections; and identify prospectively which procedures or interventions can enhance human research subject protections.

Substantial reduction in population exposure to sea level changes along the Chinese mainland coast through emission mitigation

Abstract Rising sea level increases the exposure to flooding and related damage in coastal areas with high population density and substantial economic activity. As global temperatures continue to rise due to climate change, sea levels have been consistently increasing and are projected to continue this upward trend. This study assesses the future exposure at provincial and city levels populations coastal mainland China coast to local sea level changes under five greenhouse gas (GHG) emission scenarios from IPCC-AR6, as well as two low-confidence scenarios accounting for the potential impact of uncertain ice sheet processes with low- and high-GHG emissions. We incorporate spatial heterogeneity into regional sea level projections and population projections from 2020 to 2100, extreme sea levels (ESLs) of 10-, 50-, and 100 year return periods (RP), and local coastal protection standards. Our findings indicate that the inundated areas expand continuously within the century with heightened exposure under higher emission scenarios. Although the coastal population is projected to decline, the fraction of the coastal population exposed to flooding increases across all scenarios, with accelerated growth under higher GHG emissions and higher ESLs. Zhejiang and Jiangsu emerge as the provinces most exposed to sea-level rise, whereas Taizhou, Nantong, Wuxi, Panjin, and Huzhou are identified as the top five cities with the highest population exposure to local sea level rise (SLR). Transitioning towards a sustainable scenario (i.e. SSP1-2.6) rather than a fossil fuel-intensive one (i.e. SSP5-8.5) can reduce the local SLR and substantially mitigate these exposures. Compared to the median projections under SSP5-8.5, aligning GHG emissions with SSP1-2.6 could reduce population exposure substantially in all coastal provinces, especially in Jiangsu, where population exposure to 100 year RP coastal floods would be reduced by ∼1.6 M in 2050 and by ∼5.4 M in 2100.

Assessing functional, comfort and aesthetic needs of Indian male riders from motorcycle clothing

The number of motorcycle riders is growing at a phenomenal rate in India and so is the number of crashes involving them. The use of motorcycle protective clothing (PPE) is known to reduce the severity of soft tissue injuries to motorcyclists in the case of a crash. The PPE currently available in India is imported and not designed to meet the unique weather, road, and riding conditions prevalent in India. In this study, a conceptual framework based on Functional, Comfort and Aesthetic (FCA) requirements of motorcycle riders is proposed for the design of motorcycle PPE. Data regarding the FCA requirements of Indian riders was collected through a questionnaire. Riding habits, risk factors, factors affecting the buying decisions for motorcycle clothing, awareness regarding protection standards, satisfaction with currently owned motorcycling clothing and requirements of comfort and aesthetics from motorcycle clothing were studied. 217 Riders aged 18–45 years from 10 major Indian cities responded to the online survey questionnaire. Most riders reported facing heat stress, wet stress (dues to sweating), restricted mobility, and dissatisfaction with the fit of the currently available motorcycle clothing. Satisfaction with the available colours and styles was also reported to be low. The results of the survey show that currently available riders’ clothing is not as per requirements of Indian riders. It fails to provide adequate thermal comfort to users, which may compromise rider safety during long rides. Findings of this study can be used by motorcycle clothing designers and manufacturers to design clothing as per the requirements of Indian riders. Improved thermal and psychological comfort can improve rider focus, may contribute to crash prevention and protect the rider from grievous injuries during a crash.