Territorial Principle Research Articles

New technologies in the case law of the Court of Justice – lessons learnt and lessons to be learnt

Abstract The article identifies the most important legal challenges related to new technologies on the basis of the existing case law of the Court of Justice. The author analyses how these experiences make us re-examine established legal concepts. The discussion focuses on issues such as the principle of territoriality, the protection of personal data, the role of the Internet platform, and liability for infringements committed via the internet. In addition, the author seeks to identify what challenges still lie ahead for courts and legislators.

Territoriality and Intellectual Property Infringement Proceedings

Abstract This article examines the principle of territoriality in intellectual property rights (IPR s) and its implications for cross-border infringement proceedings. It highlights the complexities arising from globalization and digital technologies, which challenge the traditional territorial nature of IPR s. The article compares jurisdictional approaches in the United States, the European Union, Korea, noting the strict adherence to territoriality in validity disputes and the varied stances on infringement claims. It also explores the innovative measures adopted by national courts, particularly in the context of Standard Essential Patents (SEP s), to extend their jurisdiction while respecting territorial limits. The article underscores China’s pragmatic approach, balancing respect for territoriality with judicial efficiency, and its proactive role in setting global FRAND terms for SEP s. The analysis suggests that while territoriality remains a fundamental principle, evolving judicial practices are adapting to the demands of a globalized economy.

TRENDS IN THE DEVELOPMENT OF PREVENTIVE DIPLOMACY IN INTERNATIONAL RELATIONS

The methods for resolving and preventing political conflicts differ significantly from other forms of conflict resolution. When the territorial principle is prioritized over the specifics of the conflict in interpersonal disputes, applying this approach to political conflicts can lead to greater societal instability, victimization, and negative changes in relations between states. However, when the interests of social groups are aligned, political disputes can be more easily and amicably resolved. In such cases, the most effective approach is the use of preventive diplomacy at both the international and state levels.

Is the Territoriality Principle of Patent Rights Unfounded?

Is the Territoriality Principle of Patent Rights Unfounded?

Советская экономика в годы хрущевской оттепели: дерзость реформ и противоречивость реализации

This article delves into the peculiarities of the economic development of the USSR during the years 1953–1964. It illustrates Nikita Khrushchev's endeavor as a political leader to enact economic transformations in the country in line with his ideological course of de-Stalinization and relative liberalization. It argues that the absence of a pragmatic economic strategy based on the actual state of affairs in the country led to the implementation of inconsistent reforms, primarily focused on organizational and administrative changes. Economic decisions during the Khrushchev Thaw, including the abolition of sectoral planning, introduction of egalitarian wage systems, nationalization of industrial cooperatives, and transition to a territorial principle of economic management, were conceived as bold innovative reforms but failed to consider the actual conditions and accumulated historical experience, leading to a crisis in the industrial sector. In conclusion, the economic policies pursued during the Khrushchev Thaw exemplify the challenges of implementing bold reforms without a pragmatic understanding of the prevailing economic conditions. The crisis in the industrial sector underscores the importance of evidence-based decision-making and historical context in shaping effective economic strategies.

Особенности защиты прав ветеранов труда при назначении им отдельных социальных выплат

The article examines theoretical and practical problems that arise from the incorrect application of legislation on veterans, incorrect interpretation of the rules defining measures of social support for citizens who have a special legal status — Labour Veteran. As a result of law enforcement, the grounds and procedure for assigning appropriate payments to a labour veteran, depend not on the status of such a citizen, but on the territorial principle which determines support measures at the citizen’s place of residence, which leads to a violation of his legal rights. In practice, a clear manifestation of the loss of all social benefits intended for a labour veteran occurs if he changes his place of residence and the social protection body, referring to the legal norms on unjust enrichment, claims for the recovery of amounts paid to him as measures of social support. The author has proven that social support measures should apply to all veterans, regardless of their place of residence. This meets the requirements of the legislation on veterans and the essence of the state’s social policy.

Educational program for teaching chemistry with regional component in higher educational institutions

Relevance. The research explores the implementation of a regional component in chemistry education programs at higher education institutions in Kazakhstan. Its relevance stems from the need to improve and update university chemical education by incorporating regional specificities. Purpose. The purpose of the scientific work is to investigate these problems and to propose specific ways of improving and updating the system of university chemical education based on the idea of regionalization. Methodology. The methodology involved a three-stage experimental study conducted at Abai Kazakh National Pedagogical University, with 60 second-year bioorganic majors divided into experimental and control groups. The study utilized surveys, assessments of student skills, and implementation of a modeled program with problem tasks and independent research. Results. Results showed that incorporating a regional component in chemistry education expanded students' knowledge about their region, increased motivation and interest, and fostered patriotism. The experimental group demonstrated significant improvement in research skills compared to the control group. Conclusions. The study concludes that regionalizing chemistry education can enhance learning effectiveness and material mastery. It recommends implementing regional components in chemistry programs to increase subject relevance and student engagement. The research also highlighted the importance of selecting appropriate teaching methods and organizational forms when incorporating regional material into curricula. Keywords: natural sciences; territorial principle; method of teaching; experimental work; student survey

Peculiarities of conducting investigative (search) actions during the investigation of the enforced disappearance of a person

The article outlines the tactical principles of conducting such investigative (search) actions: inspection (last known whereabouts of the victim, her place of residence, probable place of the incident, vehicle owned or used by the person, things and documents); interrogation (of witnesses); search.
 On the basis of studied criminal proceedings, taking into account the specifics of committing illegal acts related to the enforced disappearance of a person, such investigative (search) actions are divided according to the territorial principle, in particular, when: a person disappeared on the territory controlled by Ukraine; the person disappeared in the territory not controlled by Ukraine. The peculiarities of the tactics of conducting investigative (search) actions - examination, questioning of the applicant and other eyewitnesses about the sources of the reported information and the known circumstances of the person’s disappearance are highlighted.
 It has been established that the purpose of conducting an inspection of the scene of the incident during the investigation of the enforced disappearance of a person is to: identify and record material evidence, traces, objects that are important for criminal proceedings; verification of testimony of witnesses about the circumstances of a criminal offense; clarification of the situation and circumstances of the criminal offense under investigation. Also, an important investigative (search) action during the investigation of crimes based on the fact of the enforced disappearance of a person is the questioning of a witness. First of all, we are talking about the questioning as a witness of the applicant who reported the disappearance of the person. During the interrogation of the witnesses, it is necessary to find out all the circumstances of the event known to them: time, place of the crime; circumstances preceding the commission of the crime; identity of the victim and possible kidnappers; if these persons are unknown to them - signs of their appearance, etc. The exact time the person left the last place of stay, the possible direction and route of movement, mobile phone number and IMEI of the subscriber, data on registration in social networks and e-mail inbox are subject to establishment. The specifics of the relationship between the applicant and the victim are clarified.

JURISDICTION OF TRANSNATIONAL ADMINISTRATIVE-LEGAL ACTS IN THE PROCESS OF EUROPEAN INTEGRATION

Transnational administrative-legal acts exhibit the feature of exerting influence not only within the jurisdiction of the originating state but also across the borders, encompassing the territories of other states. Such acts are one form of harmonization and "integration" of activities within the European Union. The European integration process entails progressively aligning and synchronizing laws, policies, and regulations across European Union member states to establish a unified market and foster deeper political and economic collaboration. This progression involved the delegation of specific governmental authorities from national administrations to EU institutions. Consequently, transnational administrative-legal acts play a crucial role in promoting and regulating this integration. European Union law exerts a varied impact on the collaboration and organization of administrative entities, along with its influence on the judiciary. In part, this includes the obligation to recognize administrative bodies or judicial decisions of other states.However, there are few areas in which the enforcement of EU law is fully regulated by national law. There are frequent cases where the enforcement standards of the member states are applied to the law of the European Union, which, in some cases, damages the idea of a unified application of the law of the European Union. Transnational administrative-legal acts often require cooperation and coordination among member states in order to effectively address existing challenges. The European integration process promotes this cooperation through various mechanisms. In this way, it is important that when applying the national legal norms, the practical realization of the objective of the European Union norm is not hindered and, at the same time, the national interests of the candidate country are not harmed. This concerns the application of both substantive and procedural law norms. The present article discusses the issue of transnational administrative-legal acts in the process of European integration; The typology of transnational administrative-legal acts is presented, the precedents of the European Court of Justice and their influence on the principle of territoriality and the right to effective justice are analyzed. Keywords: Transnational administrative-legal act, Jurisdiction

Dalung Bojong in The Construction of a Hierarchical System of Regulations

This article describes the elements arranged in the Bojong dalung inscription born in the XVI-XVII centuries. By using the study of legal texts on the Dalung Bojong Inscription and the study of concepts in legal science, a hierarchy of regulatory systems in the form of values, principles, and legal acts was found. Values are the basis for the birth of principles and principles are the basis for the birth of legal acts explicitly contained in eleven articles. The values of divinity, humanity, nationality, democracy, and justice are the basis of values that give birth to the consensualist principle, the principle of equality, the principle of protection, the principle of legal certainty, the principle of territoriality, and the principle of personality. These six principles became the basis for the birth of legal acts in the form of Participation (Article 5), Crimes Against the Body; Quarreling or fighting among people (article 2), Inciting a struggle (article 3), Crimes against property; theft by force/robbery (article 4), theft (article 10) and Crimes of disturbing public safety; Article 6,7 and Article 10 on gambling, drinking intoxicating beverages.

Urban planning approaches to the organization of a medical district

The article defines the direct connection between urbanization and the modern development of medicine as a complex of scientific directions for the development of high-tech medical care. The development of group forms of healthcare facilities as medical and urban complexes in world, Soviet and Russian urban planning practice and theory is presented. A modern trend in the development of innovative territorial formations of a medical organization within the boundaries of urbanized territories has been revealed. The concept of a medical area has been introduced. The object of the study is the medical district. The subject of the study is the spatial and territorial principles of the organization of the medical district. The lack of a spatial connection between medical facilities and the urban structure leads to a shortage of territorial growth and development of medical urban complexes, the unavailability of a comprehensive infrastructure for the development of medical science and practice. The research methodology is based on the definition of criteria for the selection of innovative territorial formations of the medical industry in the structure of urbanized territories. 60 medical districts were analyzed. The characteristic of the methodology for determining the planning options of the area, tested at 19 research sites, is presented. The main conclusions of the study are to determine the planning properties of the medical area. Based on the criteria and their characteristics, a systematization of medical districts has been compiled. A modern approach to the spatial organization of innovative territorial formations of the medical structure based on the collaboration of medical facilities and the integration of the medical district into the urban planning structure has been established. The approach of the urban planning organization of the formation of a medical district based on the territorial localization of medical facilities is revealed.

Tinjauan Yuridis Hukum Udara Internasional Terkait Jatuhnya Pesawat Tempur Rusia karena Penembakan Turki

This issue started when Russian military aircraft entered Turkish airspace during Russia's counter-terrorism operation in Syria, which borders Turkey. The Russian Air Force's Sukhoi Su-24 military aircraft is one of the types of aircraft involved in the incident. Russia's involvement in the Syrian conflict allowed these military aircraft to operate in Syrian airspace. In November 2015, a Russian fighter jet was shot down by Turkey for violating Turkish airspace. Turkey then apologized to Russia, which was well-received. Russia gradually lifted sanctions imposed on Turkey, including the travel ban for Russian citizens wishing to visit Turkey, and allowed Russian tour companies to reopen travel routes to Turkey. In international law, countries are recognized to have equal status and rights, and the right to enforce their jurisdiction or national law only within their own territory. A country's authority is limited to its own territory, whether on land, water, or in the air. A country has the right to regulate people and objects within its territory, based on the principles of territoriality known in international law. Therefore, aircraft must seek permission before crossing the airspace of a country and comply with the applicable regulations during flight.

East Germans in the political elites of reunited Germany: the problem of underrepresentation

The underrepresentation of East Germans (“ossis”) in German elites is studied. After more than 30 years since the reunification of Germany, the share of former GDR citizens in high government positions in the political system of the state at large is far smaller than their percentage in the population. Historical preconditions for the predominance of West Germans in leadership positions are explored, the share of East Germans in different elite groups is analyzed, and the factors that could facilitate East Germans’ entry to elite positions are suggested. Based on a large amount of data, it is concluded that East Germans are unevenly represented even among political elites. But the territorial principle and the democratic form of recruitment (elections) could facilitate East Germans’ entry into an elite. The research based on statistical data published by German scholars as well as data on the German political elite collected by the author and her colleagues is introduced in Russian and foreign academic literature for the first time. The database consists of information about 736 members of the Bundestag, 17 members of the federal government, 173 members of the federal state governments, and 59 state secretaries for the period up to November 16, 2023.

Preferential mortgage: discrimination or differentiation

Mortgage lending is one of the most popular, but expensive types of lending. State participation through incentives increases the attractiveness of mortgages, but at the same time leads to sectoral, territorial, and subjective injustice. The study objectives are to determine the reasons for the differentiation of preferential mortgage conditions for different participants, to analyze the consequences of such differentiation, as well as to justify the need and develop regulatory measures in this area. The research used domestic and foreign scientists’ scientific works in the field of preferential mortgage lending, regulatory legal acts and program and strategic documents for the development of the mortgage bank lending market, as well as data generated by the authors on the basis of official statistical materials. Methods of statistical analysis, system-logical analysis, as well as general scientific methods such as induction, deduction and synthesis are used for analytical data processing. The audit of preferential mortgage lending programs revealed discriminatory factors by industry, territorial principles, as well as in relation to borrowers and lenders. Preferential programs should be targeted, conditions should be transparent, and methodological approaches should be the same for all participants involved in the implementation of programs. Differentiation of preferential mortgage lending programs should be regulated by the state, otherwise it may lead to discrimination.

THE CONCEPTION OF PEOPLE'S SOVEREIGNTY IN INDONESIA: MOHAMMAD HATTA'S THOUGHT APPROACH

Sovereignty of the people is a principle embedded in paragraph IV of the preamble to the opening of the 1945 Constitution. However, the concept of popular sovereignty developed in Indonesia is a different concept from that developed in the West according to Rousseau's teachings. This research is doctrinal legal research using a historical approach and a conceptual approach, namely the idea of people's sovereignty based on Hatta's thoughts as one of the founding figures of the nation. Where the results of the research illustrate that the concept of popular sovereignty developed in Indonesia must be rooted in indigenous Indonesian cultures that have a collectivist pattern, collectivism is here seen as a way to accommodate the diversity of people in Indonesia who are bound by their respective regional characteristics. Conceptually, the people's sovereignty adopted by the Indonesian state contains 5 principles which are grouped into 2 basic principles, namely the essential principle which contains the principle of freedom and the principle of equality, as well as the procedural principle of implementing people's sovereignty which includes the principle of majority vote, the principle of accountability, and the principle of territoriality. The territorial principle is a finding developed from one of the ideals of popular sovereignty for Hatta, namely eliminating cultural nationalism, so that democracy can develop in a button-up manner that accommodates the noble values that exist in Indonesian society.

Chinese Legislation and Theoretical Basis for Patent Parallel Import: Consideration of Parallel Import of Pharmaceutical Patents During the Pandemic

The current Chinese Patent Law permits parallel import, but its theoretical basis is disputed. Neither theprinciple of domestic exhaustion of rights nor the principle of international exhaustion of rights can be used as thetheoretical basis to support parallel import. Chinese legislation can set aside the traditional dispute between the principleof exhaustion of rights and the principle of territoriality, support parallel import in principle, and make exceptions in whichparallel import can be prohibited if the parallel importer violates the contract or authorization agreement or conductsunfair competition to damage the legitimate rights and interests of the patentee or the consumer. The primary objective oflegislation on parallel imports of pharmaceutical patented products should be better protection of public health. Permittingparallel import of patented medicine is of utmost significance to decrease the price of patented drugs and expand theaccessibility of drugs. However, we should also prevent the import of fake and inferior goods. China should be cautiousabout permitting the parallel import of “repackaged” pharmaceutical patented products in legislation and law enforcement.Regarding administrative enforcement, the customs should set up special supervision authorities for patent import andexport, and standardize the enforcement procedure for parallel import.

TERRITORIALITY IN INTELLECTUAL PROPERTY LAW: ANALYSING WHETHER THE PRINCIPLE OF TERRITORIALITY SHOULD BE APPLICABLE ONLINE

This paper will argue that, with regards to intellectual property law, the principle of territoriality should not be applicable online. The central concept of territoriality has first been explained, with its evolution briefly outlined. Several pieces of literature have then been assessed, accounting for contrasting viewpoints on the topic. Subsequently, key arguments showcase the infeasibility of applying territoriality online, and the pessimistic implications of doing so are elaborated. Potential opposing viewpoints have been refuted, with their weaknesses evidently identified. Following a thorough investigation and analysis, this paper concludes that territoriality should not be applicable online.

Harmonization of Pension Legislation of the EAEU in the Field of Social Security Rights of Workers

The article examines the harmonization of pension legislation as one of the most important areas of the legal policy of the EAEU member states, which is focused on jointly resolving issues of implementing equal conditions of social security rights for workers of the Union; The processes of formation of pension rights and mutual responsibility of member states when exporting pensions on the principle of proportionality and territoriality are considered using the example of the EAEU Agreement on Pension Security. The authors identified the problems of applicability of the transitional provisions of this Agreement, the participating states of the obligations associated with conflicts arising in national legislations.

Процессы трансформации международного Арктического региона: новые геополитические контуры

The article attempts to analyse the international Arctic region during the period from the end of the Cold War to the present. In this timespan, the author identifies two main stages, which differ in the logic of building relations between the regional powers. Special attention is paid to the transformation of the theoretical approaches to the concept of region, characterized by a shift in emphasis from the territorial principle, which defines a region as a specific territory, to the spatial principle, based on functional features. This allows us to explain the processes that took place in the Arctic after the end of the Cold War, when a global region started to form on this territory. In addition, the article highlights the uniqueness of the Arctic due to the impact of rapid climate change on the region’s geopolitical position. The paper analyses the reasons for the change in the logic of the development of international processes in the Arctic from the idea of a global region with intensive international cooperation to confrontation. The author inclines to interpret the main reason for it through the prism of a systematic approach: as a result of the rearrangement of elements in the system of international relations due to the emergence of new poles of power, disagreements with the world hegemon arise, which leads to a redistribution of power. Another specific feature of the international relations in the Arctic is the configuration of regional players, when seven countries create a counterbalance to one Arctic power. This is clearly demonstrated through NATO’s activities in the region and the blocking of Russia’s participation in all forms of regional cooperation. The Arctic countries’ continued reluctance to collaboratе with Russia in the same way as before can also be explained by their growing state egoism.

Eradication of PRRS from Hungarian Pig Herds between 2014 and 2022.

Porcine reproductive and respiratory syndrome (PRRS) is a widespread infectious disease that is currently a major cause of economic losses in pig production. In Hungary, a National PRRS Eradication Program has been introduced to attain a more efficient, economic, and competitive international market position. The program has been also approved by the EU, but the resulting legal obligations have imposed a burden on Hungarian producers to comply with EU competition rules. The implementation of the program has been carried out by the veterinary authorities with the consent of, continuous support from and monitoring conducted by organisations within the pig sector as well as a scientific committee. The PRRS eradication program in Hungary was based on a regional territorial principle and was compulsory for all pig holdings within the regions. In Hungary, large fattening farms operate as all-in/all-out or continuous flow systems. Large-scale breeding herds are predominantly farrow-to-finish types. Although its significance has decreased in recent decades, 20% of the Hungarian pig population is still kept on small (backyard) farms (<100 animals). All PRRSV-infected large-scale farms had to develop a unit-adapted eradication plan, including external and internal biosecurity measures, vaccinations, etc. It was crucial to render each fattening unit free of the disease, as fattening units play a significant role in spreading the virus within the country. The eradication efforts mainly implemented were depopulation-repopulation methods, but on some farms a testing and removal method has been used. As the eradication progressed over the years, the introduction of infected fattening pigs was restricted. Thanks to these measures, Hungarian large-scale fattening farms became PRRSV-free by the end of 2018. The PRRSV-free status of small-scale herds was achieved by the end of 2015 and was maintained between 2016 and 2021. By 31 December 2021, all breeding pigs in large-scale farms in Hungary were free of wild-type PRRS virus. By 31 March 2022, the total pig population of the country, including all backyard farms and fattening units, achieved PRRSV-free status. The future goal is to ensure and maintain the PRRSV-free status of Hungary via strict import regulations of live animals combined with the continuous and thorough screening of incoming and resident herds for the presence of the virus.