Contractual Relationships Research Articles

Jurisdiction in Intellectual Property Disputes

Objectives: This study seeks to highlight what international jurisdiction in intellectual property disputes is contractual or non-contractual, in order to identify problems related to the subject, including specific controls, and the extent to which the governing rules relate to public order. The scope of the research is limited to the relevant provisions of the Convention and of the law, indicating the position of the Iraqi and Egyptian legislature and referring to certain French and other laws. There are two types of disputes raised by intellectual property rights. The first is violations such as theft and others. The second is disputes arising from contractual relations and breaches of obligations by one of the parties to the relationship. Method: In this study, we will attempt to follow a scientific methodology based on the analysis and discussion of legal texts, jurisprudence and jurisprudence on the subject of the study in order to obtain a legal opinion and an integrated view of the subject. Result: Determining the jurisdiction of national courts in the settlement of intellectual property disputes is not a problem in the event of a national dispute but in the event that it includes a foreign element, the conflict of jurisdiction is problematic and is resolved through objective or personal controls. In the event that the parties agree to resolve the dispute by arbitration, the jurisdiction might be decided by determining the law applicable to the dispute or might be invoked through contract clauses, citizenship, or other controls. Conclusion: we consider that the development of laws and legislation protecting contractual and non-contractual intellectual property rights is very slow to keep pace with violations.

The Functioning Mechanism of the System of Legal Incentives and Restrictions in the Investment Policy of the Construction Sector

The legal incentives and restrictions regulating investment activities in the construction industry were analyzed. Russia’s current civil law governing construction matters is inadequate for the turbulent economic times. While construction and other related contracts provide general solutions to the urgent tasks, they still fail to offer clear guidelines for navigating the relations amid the changes triggered by the global events such as sanctions or other unilateral coercive measures. This study considers the prospects for improving the existing legal regulations in the construction industry by creating flexible and convenient contractual means to support the economic relations between different entities.

Law enforcement of electronic government in the context of public-private partnership in the state security and defense sector

The article is devoted to the study of the law enforcement of electronic governance in the context of public-private partnership in the security and defense sector of the state. It was concluded that the application of electronic governance will be associated with general features of the use of digital technologies in the activities of public administration and special features mediated by public-private partnership in the security and defense sector of the state. It is noted that electronic governance is a concept of regulating social relations based on the use of digital technologies.
 It has been established that the key characteristic of e-governance is digitization management with an emphasis on the needs of the citizen. Attention is focused on the fact that the specifics of the law enforcement of e-governance of public-private partnership in the security and defense sector of the state is mediated by the possibility of using digital technologies as regulators of social relations related to ensuring the proper state of security of the state and its national interests.
 It was determined that the application of e-governance measures is an integral component of the national security of the state as a whole and the application of public-private partnership tools.
 It was established that the following should implement their activities based on the principles of electronic governance: 1) bodies authorized to regulate activities related to public-private partnership as a whole; 2) bodies acting as a party to public-private partnership in the security and defense sector of the state.
 The thesis that the degree of application of electronic governance tools in the public-private partnership in the security and defense sector will vary depending on the status of the entity that will act as a party to contractual relations from the state side is substantiated.
 It is concluded that finding a balance between the use of digital tools that allow to simplify public access to the activities of public institutions during the implementation of public-private partnerships with the obligation not to disclose activities in this context will always lean towards the functional purpose of protecting the state over ideas digital transformation.

How do suppliers respond to institutional complexity? Examining voluntary public environmental disclosure in a global manufacturing supply network

AbstractWhen making decisions about their commitments to environmental practices and performance, suppliers face heterogenous institutional logics and their diverse prescriptions for action. How do suppliers respond to such institutional complexity? We examine this question in the context of suppliers' voluntary public environmental disclosures (disclosure). Specifically, our study assembles a unique panel data set of global manufacturing suppliers and their annual contractual relationships with buyers. Building on the institutional logics perspective and the sustainable supply network literature, we hypothesize that suppliers selectively mimic the disclosure of their buyers by following market, corporate, and sustainability logics. Our study contributes to the institutional logics perspective and the sustainable supply network literature by indicating that in the context of disclosure, market and sustainability logics both actively shape suppliers' responses to institutional complexity. Furthermore, we find support for mimicry as a mechanism of buyer influence that can lead to disclosure heterogeneity across suppliers even when they follow the same logic, which opens new avenues for research. Our findings can be leveraged by buyers, policymakers, and other stakeholders interested in advancing transparency and sustainability in supply networks.

Некоторые вопросы применения ст. 1192 ГК РФ

In this article the author analyses the practical aspects of application of the mandatory rules of direct application (the so-called super-imperative rules) of Russian law, including the qualification of legislative requirements as super-imperative rules, inclusion into such rules of public laws (administrative, currency, etc.), consequences of adoption/enactment of such super-imperative rules for existing contractual relations and, in particular, whether it is possible to use the frustration (impossibility of performance) doctrine. It also analyses the grounds for refusal by Russian courts to apply foreign imperative rules, including such grounds for the refusal as contradiction to Russian public policy (in particular, in case of sanctions introduced by foreign states). The article focuses on application of Article 1192 of the Russian Civil Code, mainly, in the context of foreign sanctions restrictions.

Проблемы заключения и расторжения договора управления многоквартирным домом

The article analyzes the procedure for concluding a contract with a management organization in the context of the specifics of the subject composition and the management model of an apartment building chosen by the owners, the cases of early termination of contractual relations are investigated. Special attention is paid to the transitional period of the management of the house when the management organization changes. The author proposed to clarify and detail the legal and factual basis for the management of apartment buildings.

‘A promising playground’: IDEMIA and the digital ID infrastructuring in Colombia

ABSTRACT This article explores how IDEMIA, a French security company, constructed an infrastructure for the identification and authentication services of the Colombian National Civic Registry (NCR) for more than 20 years of contractual relationships. The paper is divided into two sections. In the first part, we detail the history of infrastructure identification development by the NCR. The contracting model imposed a state action that allowed IDEMIA to grow together with NCR to create an infrastructure that ties all types of agencies and institutions as users of their technological solutions and services. By controlling the infrastructure and expanding its reach to other sectors, IDEMIA has been able to experiment with new technologies, such as a facial recognition engine and digital ID wallet, to generate new dependencies. In the second part, we expose three controversies in which the NCR has defended its exclusive competence against the National Police, the Government, and the private sector. Thus, it secured IDEMIA’s position as a key provider of technological solutions for the NCR’s public service. This case shows the commodification of legal identity, the entanglement of public and private interests that makes it hard to differentiate them, and the importance of historical analysis to explore the infrastructure power of technology companies.

(Mis)Understanding Correlativity in Contractual Relations

AbstractThis article challenges the orthodox explanation of the normative connection between contracting parties: The promisee is regarded as having a superior position vis‐à‐vis the promisor, a position manifesting itself in the promisee's authority or control over the promisor's performance, and supported, in particular, by the promisee's supposed power, or at least some sort of ability falling short of a normative power, to “waive” the promisor's duty of performance. The article demonstrates that this explanation is rooted in a one‐sided, and ultimately wrong, understanding of correlativity in contractual relations and suggests a better understanding, one truly capable of accounting for contractual bilaterality.

Discounted prices, discounted respect? The influence of cultural norms on freelance contract relations in England and Taiwan

Freelance contract relations are culturally embedded social relations. The article compares England and Taiwan due to their distinct social norms and concepts of trust for those in contractual relationships, and explores the cultural differences manifested in freelance contract relations. Based on 32 interviews with freelancers in Taiwan and 36 interviews in England, the findings suggest that freelancers’ contract negotiation and tolerance of violation are culturally dependent. In Taiwan, contract relations in general tend to be conflated with interpersonal relations associated with affect and reciprocity, but in freelance contracts, the responsibility for maintaining relations and demonstrating trustworthiness seems to fall on freelancers, who feel obliged to extend favours by compromising their own interests. In England, contract relations are associated with moral equality and the need to remain credible by fulfilling agreements; as such, contracting parties have lower expectations of the other to compromise, and deviations from fulfilling mutual obligations are limited compared to Taiwan.

An Empirical study on-Franchising: A Smart Business Solution in India

The paper presents a comprehensive exploration of franchising, examining its historical evolution, theoretical foundations, and contemporary trends across the globe, with a specific focus on the Indian market. The study employs a descriptive research design and utilizes primary data collected through a questionnaire distributed among respondents in Bengaluru. The paper begins by defining franchising as a contractual relationship between a franchisor and a franchisee, emphasizing its role in business expansion through brand licensing and method sharing. It categorizes various types of franchises and highlights the advantages enjoyed by both franchisors and franchisees. The global landscape of franchising is analyzed, featuring insights from Australia, Brazil, Russia, and New Zealand, providing a comparative perspective on the prevalence and regulations of franchising in these countries. In the context of India, the paper outlines the significant growth and popularity of franchising across diverse sectors, acknowledging the regulatory evolution in the absence of specific franchise laws. The literature review section delves into the historical and theoretical aspects of franchising, covering resource acquisition theory, agency theory, transaction cost analysis, signaling theory, and property rights theory. The primary data analysis, based on a sample of 100 respondents, offers valuable insights into the demographic characteristics, attitudes, and preferences of individuals in Bengaluru concerning franchising. Findings suggest a mixed attitude, with a considerable interest in franchising, especially among those prepared to make smaller investments. The study concludes with recommendations, including targeted franchise education, enhanced marketing efforts, support for small investments, and diversification of franchise offerings, offering practical insights for potential franchisors and franchisees.

General Provisions of Digital Property Law and How to Categorize Digital Assets

This article deals with general provisions of digital property law and categorization of digital assets. Distributed data storage technologies and their applications have created a market for digital assets, forming a new intangible, digital type of property. The formation of digital property law, which is becoming increasingly important, is based on the functional approach of implementing digital assets as property into the law, which necessitates a rethinking and transformation of property law, similar to the transition from exclusively tangible objects of property rights to intangible objects such as intellectual property, as well as from securities and documents of title (bill of lading, bill of exchange) in paper form to fully dematerialized securities, electronic documents of title, and online accounts as property. The transformation of property law for the purposes of digital assets is based on the implementation of new, sui generis property rights and the extension of rules on property rights to objects that were not previously objects of law or were created for obligatory claims, as a result of which objects arising from actual or contractual relations acquire a in rem and quasi-in rem legal regime. Starting with an overview of the concepts of property law of digital assets, the article then discusses the concept of property, and then the concept of digital assets, their nature and classification of the main types of digital assets as property. The formation of digital property law inherent in modern law is a global trend characterized by the gradual recognition of certain types of digital assets as property and the creation of functional equivalents of possession, legal titles and remedies that are inherent in traditional property law, taking into account the intangible nature of digital assets. The author of this research starts with an overview of the general provisions of property law and digital property law, the article then discusses general provisions categorizing of digital assets, and categorizing types of digital assets.

Digitization of Macro-Logistics Systems in Ukraine

This article delves into the multifaceted realm of digitizing macrologistical systems, scrutinizing their nature, influencing factors, and emerging trends. It intricately explores how the integration of digital technologies empowers transport enterprises to deliver superior logistics services while concurrently curtailing costs. A comparative analysis meticulously dissects various facets of the macrologistical system, elucidating the interplay and correlation of its elements within the realms of commodity-money and contractual relationships. The study accentuates the pivotal role of the macro-logistics system in supply chain management.In scrutinizing Ukraine’s Logistics Performance Index scores vis-à-vis EU countries, the authors attribute the disparity to the enduring conflict. A notable European logistics market trend is identified: a surge in digitization investments by individual companies and the establishment of cohesive online platforms. The paper advocates for the integration of automation in transport logistics, particularly in the backdrop of a wartime economy.European standards for a contemporary transport management system are analyzed, culminating in the selection of the CargoClix logistics platform. The article expounds on the platform’s merits in adeptly digitizing the operations of transport and logistics enterprises, offering real-time tracking crucial for prompt responses amid wartime exigencies.The article concludes by substantiating findings with pertinent diagrams and tables. In essence, the digitization of macrologistical systems entails a holistic amalgamation of digital technologies, data analytics, and decision-making solutions for information management in logistics and supply chain operations. This transformative journey, leveraging technologies such as the Internet of Things, unmanned technologies, identification technologies, blockchain, big data, robotic systems, artificial intelligence, and neural networks, aspires to amplify efficiency, visibility, and coordination throughout the supply chain. This paradigm shift is pivotal for evaluating the efficacy of transport and logistics companies, determining their competitive stance in today’s market. Future research trajectories encompass formulating strategies for national companies operating in the domestic logistics market, identifying and implementing key competitive advantages, and devising measures and tools to ensure efficiency during wartime.

Practical aspects of establishing guilt in contractual civil law relations

The main task of civil law regulation is to ensure the stability of civil circulation and to protect the violated rights of individuals and legal entities. Participants in civil law relations affected by non-fulfillment or improper fulfillment of concluded contractual obligations should be able to protect their rights and legitimate interests, as well as compensate for losses caused. In this regard, the mechanisms for protecting violated civil rights established in the current Civil Code of the Republic of Kazakhstan are important means of achieving this goal. The purpose of the study is to identify new approaches to the formulation and establishment of guilt in contractual civil relations. The article analyzes court decisions on contractual civil law relations. Based on the analyzed court decisions, it was found that for many forms of contractual civil liability, in addition to compensation for damage caused, there is a reduced (formal) composition of the offense consisting of two elements: unlawful action (inaction) and guilt, and in this composition harm may not be an obligatory element.

A Study on the Effect of Employer Branding on Employee Retention Among Domestic Non-Voice in BPO Chennai

In the highly competitive labour market, where employees counter boundless job offers, organizations have acknowledged the need to distinguish themselves from competitors by investing a considerable amount of time and effort into designing employer branding strategies to attract and retain skilled employees. Employee retention as maintaining or encouraging employees to stay in the organization for the longest time. A strong employer brand allows employers to retain their talented employees by building a positive image for the organization as a preferred place to work. The purpose of the study is to examine effect of employer branding on employee retention and role of relational psychological contract between employer branding and employee retention among domestic non voice in BPO Chennai. The survey is used to gather data from 120 employees working in domestic non voice. The study findings reveal that employer branding is positively and significantly related to relational psychological contract and employee retention and relational psychological contract suggestions influence employee retention.

Шарттық азаматтық-құқықтық қатынастарда кінәні анықтаудың тәжірибелік аспектілері

The main task of civil law regulation is to ensure the stability of civil circulation and to protect the violated rights of individuals and legal entities. Participants in civil law relations affected by non-fulfillment or improper fulfillment of concluded contractual obligations should be able to protect their rights and legitimate interests, as well as compensate for losses caused. In this regard, the mechanisms for protecting violated civil rights established in the current Civil Code of the Republic of Kazakhstan are important means of achieving this goal. The purpose of the study is to identify new approaches to the formulation and establishment of guilt in contractual civil relations. The article analyzes court decisions on contractual civil law relations. Based on the analyzed court decisions, it was found that for many forms of contractual civil liability, in addition to compensation for damage caused, there is a reduced (formal) composition of the offense consisting of two elements: unlawful action (inaction) and guilt, and in this composition harm may not be an obligatory element.

Textile and apparel supply chain coordination under ESG related cost-sharing contract based on stochastic demand

In recent years, heightened attention has been given to the challenges of sustainable development precipitated by environmental pollution in the Textile and Apparel (TA) industry. The burgeoning demand for fast fashion, often reliant on cheap and environmentally unsustainable textiles, exacerbates this environmental degradation. To facilitate a harmonized and sustainable progression of the entire TA industry, this study employs the Stackelberg game model to investigate the prerequisites for establishing Environmental, Social, and Governance (ESG) related cost-sharing contracts and their consequential effects on supply chain coordination. Specifically, the paper compares four distinct supply chain models under two conditions: whether market demand is stochastic or deterministic. Through this comparative analysis, the study finds that the ESG related cost-sharing contracts bring more profit to the textile and apparel supply chain (TASC) in deterministic and stochastic demand, which effectively mitigates the risks associated with unpredictable demand. Numerical results indicate that the ESG cost-sharing contract significantly improves TASC's ESG performance with customers' sustainable awareness increasing. Furthermore, such contracts are instrumental in enhancing the aggregate ESG environmental performance of the Textile and Apparel Supply Chain (TASC), elevating profits for both manufacturers and retailers and alleviating the impact of fluctuating demand on supply chain participants.

The Stabilization and Association Agreements in the Western Balkans as a tool for trade promotion and regional reconciliation

The purpose of this paper is to analyze the impact of the Stabilization and Association Agreement (SAA) on the economic development of the Western Balkans. The basic aim of this agreement was the economic development of the countries of this region. Many firms would benefit from trade and contractual relationships with the European Union (EU). The methodology used is the gravity model, which predicts bilateral trade flows based on the economic sizes and distance between the EU and the Western Balkans. The model has been used in international relations to evaluate the impact of treaties on trade, and it has been used to test the effectiveness of trade agreements on the economy. Statistics of export, import, economic growth, etc. have been provided for a ten-year period 2007–2017. This paper is based on the research of Qorraj (2016), Qorraj and Jusufi (2018), and Leka et al. (2022). The relevance of the paper depends on that, within the ten years, there was no significant increase in the exports of these countries to the EU market. This paper concludes that the SAA has not ensured the export growth of these countries because products originating from this region are not competitive in the EU market, EU exports to this region have increased more than the other way around.

Нефтегазовый комплекс Арктики и коренные этносы: оценка потенциала и проблемы взаимоотношений

The oil and gas industry is the basis of Russia’s socio-economic development and remains the main source of foreign exchange earnings. In the 21st century, hydrocarbon exploration moved to Arctic regions. The study aims to assess the impact of the Arctic oil and gas industry on indigenous peoples of the North and identify ways to improve contractual relations between them. To this end, statistical, cluster, aggregation, analogy approaches, etc. were used. Analysis of the differences of oil and gas districts in economic activity, commodity specialisation, transport logistics revealed 6 clusters: Nadym-Urengoy, Purovsky, Zapolyarny, Nenets, Taimyr-Turukhansky (Vankorsk) and Usinsky. The oil and gas fields are linked to places of traditional residence and economic activity of small indigenous peoples that are rich in renewable natural resources. The development of these areas expanded the country’s oil and gas resource base. However, it also caused social and environmental problems associated with a decrease in renewable natural resource potential of places of traditional residence and economic activities as a result of pollution and reduction of fishing and hunting grounds. Simultaneously, the shift method traditionally used to overcome the shortage of qualified personnel in the Northern and Arctic regions allows oil and gas companies to avoid the cost of creating social infrastructure. Despite advances in technology and state policy measures implemented to solve social, ethnic and environmental problems of small indigenous peoples, economic benefits are the most important reason for the development of the Northern and Arctic regions. Thus, contractual relations between extractive corporations and indigenous ethnic groups do not protect peoples’ livelihoods. A comprehensive assessment of renewable natural resource potential is required to reduce the damage to indigenous peoples and the environment during hydrocarbon exploration.

Enforcement of creditor's rights under guarantee – a method of self-defense in contractual relations

Enforcement of creditor's rights under guarantee – a method of self-defense in contractual relations

Financial and legal approach to understanding of the essence and meaning of tax risks in contractual relations

Financial and legal approach to understanding of the essence and meaning of tax risks in contractual relations