The Intellectual Property (IP) chapter of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is recognized for its extensive coverage, encompassing a broad range of innovation areas such as patents, trademarks, geographical indications, and copyright. This chapter sets a new global benchmark for IP protection, posing significant challenges to the existing legal frameworks of member countries and necessitating rapid adaptation, particularly for developing members like Vietnam, Malaysia, and Mexico. These nations have undertaken comprehensive revisions to their IP laws to align with the international standards established by the CPTPP. Despite their unique national contexts, the legal amendments reflect distinct strategies and methodologies in meeting international standards. This paper conducts a qualitative analysis of Vietnam, Malaysia, and Mexico, comparing their law amendment strategies, contents, and techniques across three dimensions. It highlights the distinctive characteristics and impacts of their legal revisions, offering valuable insights for other prospective developing members within the CPTPP framework on the practice of IP law reform.
The Guangdong-Macao Intensive Cooperation Zone in Hengqin (Intensive Cooperation Zone) has emerged as a pivotal economic hub, attracting Macao residents and enterprises. However, disparities in contract-related rules between the zone and Macao have led to legal challenges. This article delves into a comparative study of contract laws between the People’s Republic of China (PRC) and Macao. Analyzing key facets such as pacta sunt servanda, freedom of contract, principle of equity, contract form, principles of interpretation, and termination of contract, the study identifies nuanced differences. Recognizing the imperative of aligning contract laws for the Intensive Cooperation Zone’s development, the article advocates for a unified legal environment. To achieve this, the author proposes a model contract law that prioritises the United Nations Convention on Contracts for the International Sale of Goods (CISG) as the basis. Notably, Macao’s contract-related rules should govern aspects not covered by the CISG given the policy trend in the Intensive Cooperation Zone. The proposed model law serves as a foundation for legislative reform, aiming to address the existing disparities and promote the Intensive Cooperation Zone’s economic growth.
The profession of tourist guide has recently been subject to a significant loss of prestige in Hungary. There have been many career leavers who have been prevented from working due to an unregulated legal framework or a lack of government support during and in the post-COVID-19 period. The first problem - an ineffective and poorly regulated regulatory environment - has led to a significant increase in unauthorised tourism-related activities, undermining the reputation of the profession. As a result of the unregulated legal environment, the country - and Budapest in particular - is losing significant revenue and the situation is damaging the city’s image. Today, personal knowledge and experience are likely to be rendered worthless by the development of new technologies, tools and fast-paced lifestyles. Many people do not even know who exactly a tourist guide is, what their duties are and what regulations apply to their activities, despite the fact that tourist guides spend a lot of quality time with tourists visiting our country, providing them with information and acquainting them with our traditions. The transfer of value, which is the essence of their activity, is an important factor in shaping the image of the country and the perception of Hungary by visitors. Most people may not be aware of the remarkable difference between a qualified and licensed guide and an unqualified and unlicensed guide. The former presents a place authentically. This study aims to present the legal and professional background of this activity and the importance of this work in the light of current regulations, highlighting the important role of guides in the transmission of values today. It also focuses on the main changes and reactions brought about by the COVID-19 pandemic, as well as the uncertainties and concerns created by the legislative background. In order to illustrate the unique situation in Hungary, regulatory procedures and tourist management practices are also covered.
As International Atomic Energy Agency has stated in its Handbook on Nuclear Law, “Even in situations for which the highest standard of safety has been achieved, the occurrence of nuclear accidents cannot be completely excluded.” Therefore, the international legal framework for nuclear damage compensation liability has been evolving since the establishment of Nuclear Energy Agency of Organization for Economic Co-operation and Development (OECD NEA) and International Atomic Energy Agency (IAEA). Over the years, various international treaties have been enacted to address the compensation of nuclear damage and to establish liability regimes for nuclear incidents. To date, these treaties have established a series of legal principles of nuclear damage liability, such as the sole liability principle, the strict liability principle, the financial guarantee principle etc., which have been developing since establishment. This paper offers an overview of the historical development of the principles of these international treaties for nuclear damage liability and thus draws upon both primary and secondary sources, including treaties, official documents, academic literature, and reports by international organizations. Including the legislation study methodology, comparative methodology is also adopted in this paper to analyze the changes and trend of these principles. The paper reveals that the Paris Convention, which was established in 1960, was the first attempt to establish a comprehensive legal regime for nuclear damage liability. Most of the principles of this Convention have been inherited by subsequent international treaties and domestic legislations. With the awareness of protecting public’s rights having been significantly strengthened, the range of compensation has been broader, the matters of immunity from liability for operators of nuclear power plants have been reduced, the limitation of the compensation amount has been higher etc. In conclusion, the international legal regime for nuclear damage liability has been showing a shift from protecting the development of the nuclear industry to a joint protection of both public health and rights and the nuclear industry, which should be paid attention to and deeply learnt by domestic legislators of all states for the establishment and perfection of their domestic legislation in this field.
This study addressed the procedural aspects of the claim for civil liability for nuclear damage in accordance with the newly promulgated Law on Civil Liability for Nuclear Damage No. 4 of 2012 of the United Arab Emirates and the Vienna Convention. The study was divided into two main investigators; the first main investigator examined the parties to the claim for nuclear damage, which, in turn, was split into two main sections: the first section examined the claimant, and the second section examined the defendant. The second main investigator of this paper examined civil liability for nuclear damage, which, in turn, was split into two main sections: the first of which addressed the jurisdiction in the claim for liability for nuclear damage, and the second of which dealt with the time to initiate proceeding. The study based its conclusions on several findings and recommendations, the most important of which was to propose amendments to the Civil Liability for Nuclear Damage Act in line with the general rules of civil liability and the Vienna Convention.
This research is based on the condition of the ever-rampant events of illegal logging perpetrated by companies in various areas in Indonesia and Malaysia. The issue of corporate illegal logging happened due to a concerning level of conflict of interest between companies, the government, and local societies due to economic motives. this paper aims to analyze the law enforcement on corporate illegal logging in Indonesia and Malaysia as well as the law enforcement on corporate illegal logging that is based on sustainable forestry. this research used the normative legal approach that was supported by secondary data in the forms of documents and cases of illegal logging that happened in Indonesia and Malaysia. this paper employed the qualitative analysis. Results showed that Indonesia had greater commitment and legal action than Malaysia because Indonesia processed more illegal logging cases compared to Malaysia. But mere commitment is not enough as the illegal logging ratio in Indonesia compared to timber production is 60%. meanwhile, in Malaysia, it is 35%. This shows that the ratio of law enforcement in Malaysia is more effective when comparing the rate of illegal logging and timber production. The phenomenon of forest destruction in Indonesia happened due to a disharmonic situation or an improper social relationship between society, the regional government, the forestry sector, business owners, and the law-enforcing apparatus. The sustainable forest-based law enforcement concept against corporate illegal logging is carried out through the integration approach that involves various parties in both countries.
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