Journal articles on the topic 'Property development practice'
To see the other types of publications on this topic, follow the link: Property development practice.
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Property development practice.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Zhang, Xiaoling, Andrew Platten, and Liyin Shen. "Green property development practice in China: Costs and barriers." Building and Environment 46, no. 11 (November 2011): 2153–60. http://dx.doi.org/10.1016/j.buildenv.2011.04.031.
Full text
2
Dawson, Mia Karisa. "The Kings ain't playin’ no one tonight: Desanctifying property as an abolitionist practice in Sacramento." Environment and Planning D: Society and Space 40, no. 2 (February 25, 2022): 319–31. http://dx.doi.org/10.1177/02637758221081144.
Full textAbstract:
This article considers the significance of disrespecting property as a long-standing practice of abolition. As an organizer, observer and participant, I consider a series of Black Lives Matter protests in Sacramento that transgress the dictates of property in the city. I apply Cedric Robinson’s under-examined theory of the terms of order to understand these transgressions as fundamental threats to assemblages of capitalism, whiteness and policing. As the ruptures caused by protests and riots reveal, property is neither static nor infallible as an arrangement of space. Rather, it is relational and contingent on state force and self-disciplined social behavior. I argue that transgressing the physical markers of property reflects a more revolutionary practice of destabilizing the ideologies of social order upon which property depends. Such interruptions desanctify property by refusing its legitimacy as an arbiter of social life and movement in space. Desanctifying property practices the forms of collectivity, autonomy, and deviant kinship that abolition demands. In situating my methods in this work, I offer a framework of abolition geography as a way of study that participates in social movement, focuses on everyday practices of revolution, and refutes hegemonic ideas of social life and scale.
3
Ivanov, Dmitriy Aleksandrovich, Igor Alekseevich Antonov, Elena Nikolaevna Кleshchina, Lenar Vazyhovich Satdinov, and Elena Vladimirovna Blinova. "Seizure of property: development of legislation and improvement of law enforcement practice." Cuestiones Políticas 39, no. 70 (October 10, 2021): 902–14. http://dx.doi.org/10.46398/cuestpol.3970.55.
Full textAbstract:
Questionable questions are studied on the annulment of the measure of procedural coercion applied in the form of seizure of property in the event of termination of a criminal proceeding (criminal prosecution) with voluntary compensation for damages caused by a crime. The authors propose to specify the cases in which it is possible to cancel the seizure of property, that is, in case of expiration of the period of detention imposed on the property established by the court, or refusal of extension, as well as in cases of termination of the criminal case (criminal proceedings) and the refusal of the plaintiff of the declared civil claim. Attention is also given to the issues of seizure of property to compensate for moral damage caused by a crime. Based on the results of the consideration of this issue, it is concluded that the use of a measure of procedural coercion in the form of a seizure of property is possible not only for the purpose of compensating for property damage but also to create legal guarantees. Guarantee compensation for moral damage caused by a crime, as specific additions to the current criminal procedure law in Russia are justified.
4
BRYZHKO, Viktor G., and Ilya V. BRYZHKO. "State and directions of development of land cadastral practice." Espacios 41, no. 45 (November 26, 2020): 90–97. http://dx.doi.org/10.48082/espacios-a20v41n45p08.
Full textAbstract:
Land serves as the basis for the development of any economic systems and objects. Land property management is important for all economic entities. Effective management of land and property complexes depends on the availability of reliable and objective information about the land. The purpose of land cadastral practice is the collection, systematization, presentation and use of such information. The purpose of this work is to substantiate the author’s proposals for improving the land cadastral practice in Russia. To achieve this goal, the authors solve the following tasks: assessing the Russian land cadastre practice, identifying the main shortcomings of land cadastral activities, substantiating proposals for the development of land cadastral practice, determining the most urgent tasks of improving the land cadastral practice.
5
Tucker, Matthew Paul, Mohd Rayme Anang Masuri, and Alison Cotgrave. "Critical strategic issues for the integration of facilities management into the development process." Property Management 35, no. 4 (August 21, 2017): 380–93. http://dx.doi.org/10.1108/pm-05-2016-0022.
Full textAbstract:
Purpose The purpose of this paper is to identify the critical strategic issues for the integration of facilities management (FM) into the development process (DP). It explains the factors that limit the integration and recognises the best practices applied in the property development industry in the UK. Design/methodology/approach The study employs a qualitative research approach through semi-structured interviews from the FM and property development industry in the UK. Findings The study discovered that the recognition of FM in the property development industry is encouraging. However, FM has been given a low priority in the property development industry, resulting in facilities managers being inadequately integrated into the DP. Originality/value The paper suggests that it is imperative to understand these strategic issues to promote best practice in the industry that improve the position of FM in the property development industry.
6
R., M., and S. M. McFarlane. "Dangemanning Farm: a holistic development." Pacific Conservation Biology 9, no. 1 (2003): 39. http://dx.doi.org/10.1071/pc030039.
Full textAbstract:
DANGEMANNING Farm is a cereal, pulse and sheep property in the central wheatbelt of Western Australia with a 325 mm annual rainfall which falls mainly in winter. The farm was first settled in the early 1900s and has evolved, both in design and farm practice, in response to the effects of past practices on production and land degradation. It is now a farm in its early stages of a modern holistic development, with an emphasis on the integration of agricultural systems, Landcare and nature conservation. The long-term goal for the farm is to achieve sustainable farming in a non-degraded landscape.
7
Nevzgodina, Elena, and Natalia Temnikova. "On the Prospects for the Development of the Institution of Joint Property of Spouses." Herald of Omsk University. Series: Law 17, no. 3 (October 19, 2020): 109–12. http://dx.doi.org/10.24147/1990-5173.2020.17(3).109-112.
Full textAbstract:
Introduction. The review presents A. A. Dobrovinsky’s monograph “Problems of property relations in
family law of the Russian Federation: theory, practice and law reform” (Moscow: Eksmo, 2020. 208 p.),
devoted to theoretical and practical problems of the legal regime of marital property. The monograph
illuminated a number of topical and problem issues of the theory and practice of family disputes concerning common property of spouses, such that circumvented proper attention in the science of family law and cause
significant difficulties in the judicial practice: the issues of presumption of spousal consent for the transaction
with the common property and the fixing of this agreement, especially in business assets, stocks and shares
and also “beneficial ownership” of spouses. Conclusion. The monograph can be recommended not only for the
purposes of further development of the science of family law, but also for family law and law enforcement.
Written in a lively and clear language, with a remarkable logic of presentation, it is undoubtedly also
recommended for use in the educational process, as an indicator of the current state of disputes over the
division of marital property.
8
Semyakin, M. N., A. V. Gubareva, and S. P. Stepkin. "Entropy of property in Western and Russian legal doctrine and practice." Law Enforcement Review 5, no. 1 (April 17, 2021): 156–72. http://dx.doi.org/10.52468/2542-1514.2021.5(1).156-172.
Full textAbstract:
The subject of the study is a phenomenon of an “entropy” of property, its interpretation, socio-economic conditionality, genesis of its development in European and Russian doctrine, reflection of a construct of “separated” property in the legislation. “Entropy” of property is a situation when both entities are owners, but in different areas of relations: the first person is the owner in relation to third parties, and the second-in relation to the first The goal of this scientific research is to find out reasons of the existence of phenomenon of “entropy of property” in European and Russian legal doctrines, to identify common and specific features of this phenomenon. Methodology. The authors use the general scientific method, including dialectics, comparative analysis, formal logic, historical method. A number of specific methods pertaining to the legal science were used as well: the formal dogmatic method was applied for analysis of ownership within the institute of property rights; the logical legal method was applied to study general tendencies of development of the institute of property rights; the legal comparative method was used to study European and Russian legislation on ownership and other property rights. The main scientific results. The Western legal doctrine of “entropy of property” has quite a long history of development, unlike the Russian. Specific features of the Russian doctrine are result of its historical, political and cultural characteristics. The phenomenon of “entropy of property” has both positive and negative consequences, which requires pluralistic approach to its assessment. “Reunification” of ownership rights on the land plot and other objects located on it, is a result of socio-economic and legal factors and deserves positive assessment. Property rights as elements of titular possession are not based only on law, but may be created by contract as well. Conclusions. The European and Russian legal doctrines on the “entropy of property” have both common and specific features. The common features are: existence of “absolute” ownership, limited property rights, trends of reunification of “separated” property etc. The specific features are: absence of “trust” in the Russian legal system; excessive fragmentation of right of ownership as a large “bundle” of rights; absence of situations when one person may simultaneously hold statuses of owner and holder of a limited property right in the Russian legislation.
9
Kulembayeva, A. S., A. Kh Xembayeva, M. M. Mukhamedova, and G. S. Mukina. "International practice of state support for the commercialization of innovative technologies." Bulletin of "Turan" University, no. 2 (June 28, 2022): 178–85. http://dx.doi.org/10.46914/1562-2959-2022-1-2-178-185.
Full textAbstract:
The article considers the main mechanisms and features of the formation and functioning of the system of commercialization of intellectual property objects used in foreign countries. The article summarizes the issues of the emergence of intellectual property rights in some countries of Europe and Asia, and studies the ways of commercialization of innovative technologies in the United States. The relevance of the research topic is due to the fact that such a system of state support for innovations stimulates an increase in the demand of participants in the process of commercialization of IPOs in bringing developments to the point of profit. Today, innovation and intellectual property form the basis for creating an innovative economy. To support economic growth, not only in a limited number of countries, but also around the world, they adhere to policies that regulate innovation. The purpose of the study is that it is necessary to consider the international experience of state support for the commercialization of innovative technologies and adopt it for the development of mechanisms for promoting innovative technologies in the intellectual property market of the Republic of Kazakhstan. The scientific and practical significance of the article suggests the identification and correction of acute problems in the Kazakh infrastructure of state incentives for the development of innovative business. The methodological basis of the study was the tools of general economic theory, supplemented by other general scientific methods and methods of quantitative analysis of empirical data and modern methods of system analysis. The main result of this study is the identification of problems in the field of commercialization of intellectual property and innovative technologies in the Republic of Kazakhstan, and the implementation of an effective system of state support for the development of innovative business.
10
Warren-Myers, Georgia. "Sustainability evolution in the Australian property market." Journal of Property Investment & Finance 34, no. 6 (September 5, 2016): 578–601. http://dx.doi.org/10.1108/jpif-04-2016-0025.
Full textAbstract:
Purpose The relationship between sustainability and value in property has been a major area of investigation over the past decade. However, in spite of the extant literature and research, the connections made by valuers in practice of the value relationship are still unresolved. The purpose of this paper is to investigate, in the Australian context, valuers’ perception of the relationship between sustainability and value; and their experience and knowledge of sustainability in valuation practice. Design/methodology/approach The research investigates valuers’ perception and knowledge of sustainability and its inclusion in valuation practice in Australia. The approach uses a longitudinal survey of valuers from 2007 to 2015 tracking valuers’ knowledge, understanding, inclusion of sustainability reporting and the perceptions of the relationship between sustainability and market value. Findings This paper presents findings from a longitudinal survey that has been conducted in Australia since 2007, identifying changes between 2007, the height of the property market and sustainability engagement prior to the global financial crisis, and the subsequent years to 2015. The growth of sustainability in the property market is significant, however, valuers’ knowledge and reporting on sustainability is not demonstrating the same level of development. As a result, this is inhibiting valuers reporting on sustainability and has implications for practice and treatment of market values. Practical implications This research highlights the need to examine how to assist valuers to more rapidly develop knowledge and experience to reflect the implications of change in practice. Current approaches being developed in the UK and Europe, like the introduction of RenoValue professional development programs and guidance documents, to assist valuers to develop their knowledge needs to be implemented in the Australian environment as current approaches are inadequate, and steps need to be taken in order to assist their development of knowledge and experience as the market demonstrates growth and acceptance of sustainability. This research identifies the need to re-examine how professional development is undertaken and knowledge developed by those practicing in the profession in Australia. Originality/value This longitudinal survey is the only research that has spanned a substantial period of time attempting to ascertain valuers’ perception of the relationship between sustainability and value; and attempts to track the knowledge development of valuers in the context of sustainability. The findings identify how the market is developing and adhering to a product model development theory, however, also identifies more fundamental issues and implications for valuation praxis, in the development of knowledge and ability of valuers to adapt to change and reflect these valuations.
11
Tsapakis, Ioannis, and Cesar Quiroga. "Strategies to Improve or Optimize Practices for Acquisition of Real Property." Transportation Research Record: Journal of the Transportation Research Board 2500, no. 1 (January 2015): 133–41. http://dx.doi.org/10.3141/2500-16.
Full textAbstract:
Inefficiencies in the process of acquiring and managing real property have a significant impact on transportation agencies' ability to develop and deliver projects effectively. Acquisition of real property is frequently on the critical path of those projects. Delays in acquiring real property are one of the main reasons for project delays and cost overruns. Federal and state agencies are interested in developing strategies for streamlining practices for acquisition of real property. In 2010, NCHRP sponsored a research study to develop improved, integrated real property procedures and business practices within the process of transportation project development and delivery, as well as to develop recommendations for best practices in property management. This paper presents some of the results of that effort and focuses on the improvement and optimization of the current state of practice in acquiring real property by negotiation and condemnation. The analysis resulted in the following research products: (a) an integrated model of the process of transportation project development and delivery, (b) a model for real property acquisition and relocation assistance in accordance with 42 USC 4601 et seq. (not constrained by regulatory encumbrances), and (c) a discussion of issues and challenges affecting project development and delivery that typically involve real property components as well as strategies for addressing those issues and challenges. The discussion includes an analysis of 20 negotiation and condemnation issues and challenges that practitioners identified via a national survey and follow-up interviews as well as 20 corresponding strategies for improvement or optimization.
12
Mintah, Kwabena. "International Real Estate Review." International Real Estate Review 21, no. 4 (December 31, 2018): 473–520. http://dx.doi.org/10.53383/100270.
Full textAbstract:
Studies have demonstrated the potential of real options analysis (ROA) in property development decision-making. However, practitioners have yet to accept, adopt and integrate ROA in property development decision-making in Australia. This paper therefore investigates how Australian residential property developers manage uncertainties and risks, examines flexibility as a risk management tool, and evaluates the receptiveness and acceptance of ROA for decision making. Data are collected through face-to-face semi-structured interviews with twelve participants, and analysed by using thematic analysis. The results indicate that a discount rate is insufficient for managing uncertainties and risks; rather, contingency is used. Receptiveness and acceptance of the RO theory are mixed due to lack of unanimity among responses. Some participants are positive about flexibility, while others are dismissive. Beyond quantitative ROA models, the findings suggest that practitioners are receptive to ROA, but concerns remain over adoption. Flexibility cases executed by some participants in practice indicate that practitioners are subconsciously using ROA. Therefore, it is possible that acceptance and adoption could be achieved in the future. Evidence of the use of contingency as a risk management tool challenges the long-held notions of risk-return relationships in property development and investment. This is initial evidence of qualitative research on ROA in practice within Australian property developments.
13
Bottomley, Anne Barbara. "Property’s competing values: the public house re-cycled as “community asset”." Journal of Property, Planning and Environmental Law 12, no. 3 (August 31, 2020): 251–66. http://dx.doi.org/10.1108/jppel-04-2020-0019.
Full textAbstract:
Purpose This paper aims to investigate the potential of the “image-idea” of a “circular economy” for re-thinking property in law: In particular, to develop a strategy for making visible “alternative property practices” of community ownership across the subject areas of business and property law, to enhance the visibility of models of community ownership and interrogate their potential. Design/methodology/approach Case study research was undertaken into three public houses to investigate the ways in which the orthodoxies of property and ownership in the academy are challenged by evidence of “alternative property practices” in the community. Findings Using this approach renders visible tensions between the logics of economic value and social asset, carried in processes of abstraction and materiality, and mediated within the field of property by the development of techniques for holding property as title and benefit. It reveals the ways in which “property” as idea, practice and technique is used by people seeking to disrupt or defend against the economic logic of profit and investment. It raises questions concerning how property and law is imaged in the academy and it introduces one way of using an image-idea to open new perspectives and potential. Research limitations/implications These implications emerge: the partiality of orthodox accounts of property; the importance of thinking property in terms of life-cycle and logics ecologies, field and techniques; how an model-theory derived from one discipline can be repurposed, in a second life, in an other discipline as an “image-idea” to refresh the host discipline; the significance of investigating “community assets” within and for property law and the need for more research into “alternative property practices” and the importance of case studies. Practical implications An enhanced knowledge of the development and potential of “community assets” within the academy, and of the potential to promote and support “alternative property practices” with the requisite legal skills and techniques – alongside a consideration of the limits of formal law in terms of policy expectations. Social implications The research is of value to community activists in thinking how law can be used to support community development in terms of holding community assets; and the limitations of formal law which then requires an embedded approach considering how the development of practices and narratives can support community initiatives in relation to property held for community benefit. Originality/value There has been very little coverage of “community assets” within legal research, especially moving across business and property as subject areas, and no coverage on public houses taken into community ownership. This paper combines an introduction to the relevant legal forms with a consideration of the use of them in practice: considering, in particular, how practices and narratives deployed by and within the community think and present “property” as a means by which to counter the economic logic of profit. All this is made possible through the use of case-studies made visible by the utilization of the image-idea of the circular economy – used here not as a model-theory, but rather as an aid to opening thinking into new territories accessed through new perspectives.
14
Daftary, D. "The politics of person, property, technology: emergent development practice in semi-arid communities in India." Community Development Journal 49, no. 4 (January 9, 2014): 573–88. http://dx.doi.org/10.1093/cdj/bst086.
Full text
15
Liu, Yi, and Xin Ju Li. "Research on Readjustments of Land Property Rights in Comprehensive Land Management." Applied Mechanics and Materials 484-485 (January 2014): 488–92. http://dx.doi.org/10.4028/www.scientific.net/amm.484-485.488.
Full textAbstract:
Research purpose: The paper studies readjustments of land property rights which practice in the project area of Fan Zhen comprehensive land management in Taian City. According to the study make reasonable suggestions, for the similar areas of readjustments of land property rights provide experience. Research Methods: Investigating method and contrastive analysis method. Results: The right of the project area to an adjustment measures properly, and has achieved good economic benefits, social benefits and ecological benefits. Research Conclusions: Developing the new rural construction the problem from the social, economic and environmental field, effectively protect the fundamental interests of farmers to get sustainable development.
16
Baffour Awuah, Kwasi Gyau, Frank Gyamfi-Yeboah, David Proverbs, and Jessica Elizabeth Lamond. "Sources and reliability of property market information for property valuation practice in Ghana." Property Management 35, no. 4 (August 21, 2017): 448–66. http://dx.doi.org/10.1108/pm-05-2016-0019.
Full textAbstract:
Purpose Adequate reliable property market data are critical to the production of professional and ethical valuations as well as better real estate transaction decision-making. However, the availability of reliable property market information represents a major barrier to improving valuation practices in Ghana and it is regarded as a key challenge. The purpose of this paper is to investigate the sources and reliability of property market information for valuation practice in Ghana. The aim is to provide input into initiatives to address the availability of reliable property market data challenges. Design/methodology/approach A mixed methods research approach is used. The study, thus, relies on a combination of a systematic identification and review of literature, a stakeholder workshop and a questionnaire survey of real estate valuers in Accra, Ghana’s capital city to obtain requisite data to address the aim. Findings The study identifies seven property market data sources used by valuers to obtain market data for valuation practice. These are: valuers own database; public institutions; professional colleagues; property owners; estate developers; estate agents; and the media. However, access to property market information for valuations is a challenge although valuers would like to use reliable market data for their valuations. This is due to incomplete and scattered nature of data often borne out of administrative lapses; non-disclosure of details of property transactions due to confidentiality arrangements and the quest to evade taxes; data integrity concerns; and lack of requisite training and experience especially for estate agents to collect and manage market data. Although professional colleagues is the most used market data source, valuers own databases, was regarded as the most reliable source compared to the media, which was considered as the least reliable source. Research limitations/implications Findings from the study imply a need for the development of a systematic approach to property market data collection and management. This will require practitioners to demonstrate care, consciousness and a set of data collection skills suggesting a need for valuers and estate agents to undergo regular relevant training to develop and enhance their knowledge, skills and capabilities. The establishment of a property market databank to help in the provision of reliable market data along with a suitable market data collection template to ensure effective and efficient data collection are considered essential steps. Originality/value The study makes a significant contribution to the extant knowledge by providing empirical evidence on the frequency of use and the reliability of the various sources of market data. It also provides useful insights for regulators such as the Ghana Institution of Surveyors (GhIS), the Royal Institution of Chartered Surveyors (RICS) and other stakeholders such as the Commonwealth Association of Surveying and Land Economy (CASLE) and the Government to improve the provision of reliable property market information towards developing valuation practice not only in Ghana, but across the Sub-Saharan Africa Region. Also, based on these findings, the study proposes a new property market data collection template and guidelines towards improving the collection of effective property market data. Upon refinement, these could aid valuation practitioners to collect reliable property market data to improve valuation practice.
17
Noor, Azman bin Mohd, and Saidatolakma bt Mohd Yunus. "Application of the Build, Operate, Transfer (bot) Contract as a Means of Financing Development of Waqf Land: Malaysian Experience." Arab Law Quarterly 28, no. 2 (July 10, 2014): 136–57. http://dx.doi.org/10.1163/15730255-12341281.
Full textAbstract:
The build, operate and transfer (bot) contract has widely been applied in developing economies since the participation of private sectors has declined in the reconstruction and funding of public infrastructure. bot is a financing and operating approach, which has been practiced primarily in the area of infrastructure privatization in developing countries. Recently, application of the bot scheme has been carried out in many waqf institutions, especially Majlis Agama Islam Wilayah Persekutuan. The bot approach offers new perspectives in the field of waqf as it has the capability to enhance waqf property for the public’s benefit. Property enhancement is the major reason why waqf is enjoined by Islam. Waqf institutional involvement in developing its property and public infrastructures by way of bot contracts is proving to be a challenging exercise. This article examines the current practice of applying bot contracts in waqf institutions in general and in Majlis Agama Islam Wilayah Persekutuan in particular, with specific reference to the application of other types of contracts. In addition, the practice is discussed in terms of its compliance with the principles of Sharīʿah law. Moreover, this article aims to identify the issues, problems as well as challenges that might face waqf institutions during implementation of bot contracts.
18
Blomley, Nicholas. "The territorialization of property in land: space, power and practice." Territory, Politics, Governance 7, no. 2 (August 7, 2017): 233–49. http://dx.doi.org/10.1080/21622671.2017.1359107.
Full text
19
Priven, A. I., and O. V. Mazurin. "Glass Property Databases: Their History, Present State, and Prospects for Further Development." Advanced Materials Research 39-40 (April 2008): 147–52. http://dx.doi.org/10.4028/www.scientific.net/amr.39-40.147.
Full textAbstract:
Specific features of two global glass property databases, Interglad and SciGlass, are described. It is shown that the Interglad database is more convenient for specialists who use commercial glasses in practice and are to know the properties of these glasses and particular details of their usage, whereas the SciGlass database is more helpful for scientists who investigate glass properties and develop new glasses. Some prospects of further development of glass property databases are characterized.
20
Strakhov, A. F. "ASPECTS OF PROTECTION OF DEVELOPMENT ENTERPRISE’S RIGHTS TO INTELLECTUAL PROPERTY ITEMS." Issues of radio electronics, no. 6 (June 20, 2018): 75–81. http://dx.doi.org/10.21778/2218-5453-2018-6-75-81.
Full textAbstract:
When performing research, development, and engineering (RD&E) financed using state, regional, or municipal budget funds, legal relations between a customer and a RD&E contractor with regard to ownership of a created intellectual property are regulated by Part 4 of the Civil Code of the Russian Federation [1]. The intellectual property includes patentable innovative solutions which are qualified as intellectual property items. According to the applicable legal standards and law enforcement practice, patent protection obligations with regard to the created intellectual property items are imposed on the RD&E contractors. However, patent right holders with regard to these intellectual property items are the RD&E customers. As a result, the RD&E contractors face several difficulties, delays, and limitations with regard to patenting the intellectual property items and do not obtain necessary privileges to the full extent in connection with patenting the created intellectual property items. This article analyses the applicable procedure for distribution of the rights and obligations between the contractors and customers of the RD&E with regard to the patent protection of the created intellectual property items. Using experience of JSC Principle Production and Technical Company Granit as an example, a possibility of protecting RD&E contractors' interests by pre-emptive patenting of the intellectual property items prior to RD&E activities start is explained.
21
Cruz, Maximiliano Santa, and Pedro Roffe. "A Review of Recent Developments at the Multilateral Level with Respect to Intellectual Property and the Pharmaceutical Industry." Journal of Generic Medicines: The Business Journal for the Generic Medicines Sector 6, no. 4 (August 2009): 323–31. http://dx.doi.org/10.1057/jgm.2009.23.
Full textAbstract:
The adoption in 1994 of the World Trade Organization's Agreement on Trade Related aspects of Intellectual Property Rights (TRIPS) meant the incorporation of intellectual property as an important component of the international trading system. It meant also an end to the exclusive treatment of intellectual property issues in the World Intellectual Property Organization (WIPO). TRIPS meant also, the end of the accepted practice of excluding pharmaceutical products and or processes from patent protection, a practice that was particularly important for developing countries. This note reviews recent developments at the multilateral level after the adoption of TRIPS, namely the adoption of the Declaration on the TRIPS Agreement and Public Health in 2001 and the subsequent decision to amend the TRIPS for the effective use of the compulsory licensing system; the adoption of the Development Agenda by the WIPO General Assembly in 2007 and related recent developments in WIPO; and finally the adoption of the Global strategy and plan of action on public health, innovation and intellectual property by the 61st World Health Assembly in 2008. One common feature of these developments is the attempt to bring some balance to the international intellectual property system that has been characterised by an upward tendency to strengthen private rights and their enforcement to the detriment of public interest considerations.
22
Njoroge, Grace Wangari, and Gordon Opuodho. "RELATIONSHIP BETWEEN WORKING CAPITAL MANAGEMENT PRACTICES AND FINANCIAL PERFORMANCE BY REGISTERED PROPERTY DEVELOPERS IN KENYA." International Journal of Finance 7, no. 3 (July 20, 2022): 1–24. http://dx.doi.org/10.47941/ijf.938.
Full textAbstract:
Purpose: Working capital management is acknowledged as a very significant element in examining performance of firms. In property development sector, large developers dominate the market but there still exist a huge housing hollow. Property development firm faces challenges in areas of working capital management that limits them in fulfilling the housing needs of citizens and further exposes the firms to poor financial performances. The current study sought to establish the relationship between working capital management practices and financial performance by registered property developers in Kenya. Specifically, the study sought to investigate the relationship between debtors’ management practices, inventory management practices, cash management practices and creditors’ management practices and financial performance by registered property developers in Kenya.
Methodology: The study was anchored on Agency Theory, The Theory of Working Capital Management, The Trade- off Theory and The Pecking Order Theory. The population of the research was seventy-six registered property developers in Kenya. The unit of observation comprised of finance managers. A census approach was employed in the study. The study utilized both primary and secondary data where structured questionnaires were used to gather primary data while a secondary data collection was used in gathering secondary data from the respective firm’s financial reports. Both inferential and descriptive statistics were employed in analyzing the collected data and results presented in form of tables and figures.
Findings: The results of the analysis revealed that Cash Management Practices, Debtors’ Management Practices, Creditors’ Management Practices and Inventory Management Practices positively and significantly relates with financial performances of registered property developers in Kenya. The study concluded that Cash Management Practices, Debtors’ Management Practices, Creditors’ Management Practices and Inventory Management Practices positively and significantly relates with financial performances of the property developers.
Unique contribution to theory, policy and practice: The study recommends the management of registered property developers in Kenya to enhance their practices in Cash Management, Debtors’ Management, Creditors’ Management and Inventory Management since the practices positively and significantly relates with financial performance of the property developers.
23
Savina, Anna. "Pledge of intellectual property rights." Current Issues of the State and Law, no. 15 (2020): 369–75. http://dx.doi.org/10.20310/2587-9340-2020-4-15-369-375.
Full textAbstract:
We consider certain issues of pledge of intellectual property, analyze the definitions of the concepts “pledge”, “intellectual property”, “objects of intellectual rights”, etc. We comprehend the issues of civil law regulation of pledge relations, investigate the mechanisms of state support for the intel-lectual property pledge, and identify a number of factors that determine the positive effect of innovative enterprises development, receiving loans secured by intellectual property. We describe the risk factors of pledged collateral for loans, we note the criteria according to which the borrower has the right to conclude an agreement on the provision of subsidies from the federal budget to small and medium-sized businesses to expense reimbursement associated with obtaining loans secured by intellectual property rights. We pay attention to the issue of correlation of derivative rights with an independent object of pledge. We examine the insurance and market issues related to the risk factors of intellectual property pledge. We study the practice of granting loans secured by intellectual property, and also analyze the statistical indicators of such practice in individual countries of Europe and Asia.
24
Musthofa, Musthofa. "PENGELOLAAN TANAH WAKAF SEBAGAI SARANA PEMBERDAYAAN MASYARAKAT." Ar-Risalah: Media Keislaman, Pendidikan dan Hukum Islam 17, no. 1 (April 12, 2019): 94. http://dx.doi.org/10.29062/arrisalah.v17i1.224.
Full textAbstract:
Legal development aims to establish and secure the implementation of development and its results. The effort that needs to be done to achieve that goal is by reforming the law in a directed and integrated manner and supporting development in various fields as well as legal awareness and dynamics that develop in the ummah.
One of the efforts towards the development of law, among others relating to; First, Land, which has been regulated in PP. No. 28/1977 concerning the representation of property as the implementing regulation of article 49 paragraph 3 of the Law. No 5/1960 Basic Principles of Agrarian Affairs. Second, the law (Islamic jurisprudence). Land "waqf", In law (fiqh) Islamic waqf is worth shadaqah jariah or practice whose reward always flows even though the person who has done so has died, as long as the waqf property is still effective.
Waqf is a religious facility that closely related to efforts to achieve prosperity and as a means of empowering people. Waqf practices are very significant for socio-economic, cultural and religious life. Therefore, Islam puts the practice of waqf as one of the practices of worship in which the person who works it will be given joy by Allah.
25
Florczak-Wątor, Monika. "Protection of the Weaker Party to a Property Development Contract under Polish Law. Implementation of the Model of the State’s Protective Duties in Practice." Teisė 110 (February 20, 2019): 147–57. http://dx.doi.org/10.15388/teise.2019.110.9.
Full textAbstract:
[full article and abstract in English] This study examines the mechanism of the protection of customers of property developers that was introduced into Polish legal system by the Property Development Act adopted on 16 September 2011. Those customers are the weaker party to a property development contract that should be protected by the State. The article presents the very concept of the Polish property development contract, its substance and legal forms as well as its practical aspects. This issue of the protection of customers of property developers is of a great importance not only in Poland but also in other European countries that have experienced a boom in the real estate market in the last decade. The article discusses also the issue of the compatibility of the Property Development Act with the model of the State’s protective obligations in horizontal relations that has been established under the Constitution of the Republic of Poland of 2 April 1997. The paper concludes by presenting some postulates of amendments to the Property Development Act submitted by consumer organizations, industry representatives and entrepreneurs as well as a very comprehensive draft of the amendment presented in May 2018 by the President of the Office of Competition and Consumer Protection. This draft is currently at the stage of inter-ministerial consultations and it is difficult to foresee whether the new solutions will be adopted by Parliament in such a form.
26
Abidoye, Rotimi Boluwatife, and Albert P. C. Chan. "A survey of property valuation approaches in Nigeria." Property Management 34, no. 5 (October 17, 2016): 364–80. http://dx.doi.org/10.1108/pm-07-2015-0035.
Full textAbstract:
Purpose The emerging trend in the global real estate valuation practice has led to the development of advanced valuation approaches to replace the traditional methods. The purpose of this paper is to investigate the extent to which real estate valuers practicing in Nigeria are aware and use these advanced approaches in real estate valuation practice. Design/methodology/approach Both traditional and advanced approaches were identified from the literature. An online-based questionnaire survey was administered on estate surveyors and valuers to measure their level of awareness and frequency of use of the identified valuation approaches. The feedback was collated and analyzed using descriptive statistical analysis. Findings The professionals are mostly aware of the traditional methods and always use the “sales comparison method” in practice. In contrast, they are not very aware of the advanced approaches and hence, only use the hedonic pricing model occasionally in practice. Research limitations/implications The study only focuses on the Lagos metropolis, a nationwide survey will produce more comfortable generalizable findings. Practical implications This is a wake-up call for the real estate regulatory bodies and indeed all the real estate professionals in Nigeria to embrace the use of the advanced valuation approaches in practice, in order to remain relevant in the international real estate practice. Originality/value Implementation of the recommendations of this study could help position the Nigerian real estate professionals and the industry for a global exposition.
27
Chan, Chun Kit, Jooyoung Shin, and Shou Xiang Kinor Jiang. "Development of Tailor-Shaped Bacterial Cellulose Textile Cultivation Techniques for Zero-Waste Design." Clothing and Textiles Research Journal 36, no. 1 (October 25, 2017): 33–44. http://dx.doi.org/10.1177/0887302x17737177.
Full textAbstract:
Bacterial cellulose is a sustainable biomaterial produced by Acetobacter xylinum, which has a self-synthesizing property to grow in any shape. The purpose of the study was to diagnose the current status of bacterial cellulose in textile development and produce innovative cultivation techniques in order to cater to different usages and forms of bacterial cellulose textiles for a variety of garment styles. The new tailor-shaped cultivation techniques not only improve the environmental values of this material but also further promote its production method as a sustainable practice. This organic material is able to be cultivated in any desirable garment panel shape, with no cutting and less textile waste. Two different types of tailor-shaped cultivation techniques called contacting surface-blocking cultivation and panel-shaped cultivation were developed. With the self-synthesizing property, natural biodegradable bacterial cellulose can shed light on the development of new sustainable textile materials and manufacturing practices in the future.
28
Szreder, Jarosław, and Piotr Walentynowicz. "Factors for Development Investment Successes in the Holiday Property Sector." Real Estate Management and Valuation 28, no. 2 (June 1, 2020): 1–12. http://dx.doi.org/10.1515/remav-2020-0011.
Full textAbstract:
AbstractThe article attempts to identify, classify and evaluate the success factors of development projects implemented in the holiday property sector. The first part of the study presents development prospects for this market in Poland. The next part presents the idea of using key success factors in management. The empirical part presents the results of own research and the conclusions resulting therefrom. The analyses were based on the experience gained during the successful implementation of this type of projects and the opinions of their clients. The information presented in the literature on the subject was also helpful in developing the KCS list for the examined sector. In the authors’ opinion, despite conducting the research in an unrepresentative manner, the resulting conclusions, which are qualitative, can be highly helpful in implementing such projects in practice and as a material for discussion in the process of educating students.
29
Olayinka, Olaniyi Felix. "PROPERTY OWNERSHIP AND CORRUPTION: EFFECT ON SUSTAINABLE DEVELOPMENT OF AFRICA." Economics & Law 3, no. 1 (May 30, 2021): 18–37. http://dx.doi.org/10.37708/el.swu.v3i1.2.
Full textAbstract:
Pre-colonial communities occupying the space now known as Africa reflected “paradise on earth” having men of integrity, selfless, with focus on community development. The bonding of man with land and the invocation of land-based – spiritual powers allowed for easy enforcement of good morals and conduct in communities. The partitioning of Africa, with the break of the existing social-cultural bonding and the consolidation under colonisation of communities in Africa made communal bonding un-sustainable. The African ubuntu concept gave way, turning an average African a potential drain on his community under a “winner takes all” syndrome, just as he grabs property indiscriminately. The western legal systems introduce private property ownership, but the legal systems in practice record huge breaches of the rule of law, truncation of justice and development. The paper precisely investigates whether development in Africa can be attained based on legal systems foreign to Africa, rather than through indigenous legal tradition.
30
Abdul Rahman, Nor Azalina Yusnita, Mudirah Shaharudin, Nurulhuda Ali, and Siti Fairuz Che Pin. "Implementation of Development Charge by Local Government of Malaysia: Implementation and challenges." Environment-Behaviour Proceedings Journal 2, no. 5 (March 20, 2017): 459. http://dx.doi.org/10.21834/e-bpj.v2i5.709.
Full textAbstract:
Local government plays a major role in property development in Malaysia. Local government in Malaysia is enacted under the Local Government Act 1976 to provide public facilities and amenities to local people as well as to control property development at the state level. At the current practice, development charges have been imposed on property project carried out in accordance with the provisions of Section 32 of the Town and Country Planning Act 1976 (Act 172). The main purpose of the development charges is to provide and improve infrastructures, public facilities, and amenities as well as the wellbeing of the development areas. The charges would be levied to developers once the project approved specifically for the conversion of land use, the increment of plot ratios and density, which would increase the land value. The purpose of this research is to identify the issues and challenges in the imposition of development charges to improvise the current methods practiced. This exploratory research aims to come out with the best practices on development charge. A qualitative semi-structured technique will be used that focus on six (6) states in Malaysia which consists of 26 local governments that are currently implementing the development charges. All the primary data were gathered from respondents will be analyzed by using content analysis through interview session. There were four (4) main issues reveals from this research whereby lack of awareness among developers top the chart. Meanwhile, amongst the challenges faced by the local government pertaining to the development charges implementation are to strengthen the implementation procedures of development charges as well as and to increase the understanding of the importance of development charges. The findings, therefore, will come out with full understanding towards the practice of development charges in Malaysia among government sector, developers and other relevant parties.Keywords:development charge;local government; market value; developerISSN: 2398-4287© 2017. The Authors. Published for AMER ABRA by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.
31
Watanasiri, Suphat. "Development of on-demand critically evaluated thermophysical properties data in process simulation." Pure and Applied Chemistry 83, no. 6 (May 5, 2011): 1255–81. http://dx.doi.org/10.1351/pac-con-10-11-18.
Full textAbstract:
Accurate thermophysical properties are essential to the development of high-quality process simulation models of chemical processes. Therefore, process-modeling software (simulator) must provide accurate, reliable, and easily accessible property data and models to enable efficient and robust process design. Property data and parameters for components of interest are generally available in the databases of the simulator. For components that are not in the databases, their property data must be supplied by the user. The number of components available in a typical simulator is about 1700. The number and types of components available in the simulator limit the scope and accuracy of process models that can be developed. In this paper, we review past practice in obtaining the necessary property data required in developing a process model and describe a new methodology that can be used to overcome the shortcomings of the current method. The new method is based on the dynamic data evaluation concept that combines the experimental data obtained from a comprehensive electronic database with structure-based property estimation system and data analysis and regression programs to generate critically evaluated property data. The concept and necessary software have been implemented in a process simulator, resulting in a new workflow that enables high-fidelity process models to be developed more easily and efficiently.
32
Chashkova, S. Yu. "Tendencies of the Contractual Regulation of Family Property Relations between Spouses with due regard to the Development of Legislation and Judicial Practice." Lex Russica, no. 5 (May 25, 2021): 63–73. http://dx.doi.org/10.17803/1729-5920.2021.174.5.063-073.
Full textAbstract:
The author makes an attempt to determine tendencies for the development of the legal regulation of property relations between spouses based on the approved amendments and expected changes in the legal regulation, established jurisprudence and with due regard to the goals of family law regulation and models of contractual regulation of property relations between spouses enshrined in positive law. The paper considers in detail the following trends: enforcement and development of provisions concerning contractual regulation of property relations between spouses and their common property, law enforcement and development provisions concerning contractual regulation of the property relations between spouses for the provision of mutual maintenance.The author comes to the following conclusions. Firstly, the family law regulation of contractual relations concerning the common property of spouses and law enforcement as a whole comply with the goals of the family law regulation. Secondly, civil law regulation and law enforcement in terms of contractual property relations between spouses strengthen the "pro-creditor" approach and limit contractual freedom of spouses. Thirdly, the prospects for regulating the legal and contractual regime (with the stronger "pro-creditor" approach) may result in changes in the systemic interpretation and law enforcement of provisions concerning the contractual regulation of spousal property and they can contradict the goals of family law. Fourthly, the regulation of contractual relations between spouses concerning maintenance shows sufficient stability and general conformity with the goals of family law regulation, but does not exclude the search for options to expand its limits through the rules of the Family Code of the Russian Federation, while the practice of applying these provisions indicates a "pro-creditor" approach and non-compliance with the goals of family law regulation.
33
Abramson, Daniel. "Transitional Property Rights and Local Developmental History in China." Urban Studies 48, no. 3 (February 2011): 553–68. http://dx.doi.org/10.1177/0042098010390237.
Full textAbstract:
Among the societies that are moving from a centrally planned economy with weak property rights towards a market-oriented economy with stronger and more privatised property rights, China is undergoing an especially rapid and extensive urbanisation that obscures the diversity and relevance of local pre-Reform property arrangements. Official discourse emphasises the formalisation, clarification and, to some extent, the privatisation of property rights in the name of overall societal development and gradual integration with the global economy. In local informal, popular practice and discourse, however, the invocation of property rights reflects the continuing political relevance of both revolutionary and traditional notions of rights to urban space that challenge a unitary, linear view of the development process.
34
Babii, Petro, and Iryna Fedorovych. "MODELING OF INNOVATIVE DEVELOPMENT OF INTELLECTUAL PROPERTY IN DOMESTIC ECONOMY." Regional’ni aspekti rozvitku produktivnih sil Ukraїni, no. 23 (2018): 104–8. http://dx.doi.org/10.35774/rarrpsu2018.23.104.
Full textAbstract:
The main categories of human labor are outlined and it is found out that it is the basis of the formation of intellectual rent. The mathematical calculation of the amount of intellectual rent is proposed. We studied all kinds of rent and it was established that in the domestic practice there is no corresponding accounting mechanism. Considered the additional income received by economic entities from intangible resources. It is proposed to consider intellectual rent as a component of economic (unnatural) rent and it is established that attention should be paid to the sources of its occurrence, the peculiarities of formation and distribution. The intellectual rent at the micro level was studied, which enabled to develop a reverse-differentiated model of intellectual development of intellectual rent. The ways of obtaining intellectual rent at the macroeconomic level have been investigated and it has been established that to maximize it it is necessary to win monopolistic positions. The generalization of the need for a social rethinking of expediency of using natural resources by outdated methods and increasing the use of innovations to increase incomes is generalized.
35
ROGATNEV, Yuri Mikhailovich, Valentina Nikolaevna SCHERBA, Olga Sergeevna NAZAROVA, Tatyana Anatolevna FILIPPOVA, and Olga Nikolaevna DOLMATOVA. "Spatio-Temporal Zoning of the Urban Lands’ Functioning for Ensuring the Sustainable Development of the City." Journal of Environmental Management and Tourism 10, no. 1 (May 19, 2019): 210. http://dx.doi.org/10.14505//jemt.10.1(33).21.
Full textAbstract:
The problems of the modern land use development in the cities located in the oil and gas producing Siberian regions of Russia are reviewed in the article. The modern scientific ideas about the role of the modern land and property assets in small and medium-sized cities in adverse climatic living environment are explored for this purpose.
The study is aimed at improving the method for assessing the current organization of the land use in the municipal city of Nefteyugansk. The methodological provisions of land zoning with due consideration for its socioeconomic value and temporal changes are developed. The methodological provisions for a comprehensive assessment of the land use conditions aimed at using the spatio-temporal land zoning model are improved.
The results of the study can be used in the practice of local authorities and legal entities in urban planning, land and property relations, housing and utility services in territorial planning, development of land and property relations in the market conditions, improvement of the land payment system, determination of the land investment attractiveness, and creation of a unified basis for an objective land plot evaluation. The introduction of the results of the study into practice will allow to increase the efficiency of the land use, increase its value, and bring the socioeconomic indicators of the land and property assets of the city to a higher level.
36
Liu, Lijun, Wenjin Zuo, Qiang Hu, and Lanting Zeng. "RESEARCH ON PROPERTY SERVICE MODE INNOVATION IN THE CONTEXT OF TRANSFORMATION AND UPGRADING." International Journal of Strategic Property Management 26, no. 5 (November 14, 2022): 332–44. http://dx.doi.org/10.3846/ijspm.2022.17588.
Full textAbstract:
Property service mode innovation is the basic means of property service enterprise management. Discussing the property service mode in terms of transformation and upgrading is of rich research significance, taking Wenzhou Sapphire Property Service Co. LTD. in China (hereafter referred to as “Sapphire Service”) as an example. First, based on the development of property service in China, this paper summarizes the 4E mode of traditional property service, ensuring cleaning, ensuring greening, ensuring maintenance and ensuring security, and analyzes the existing problems. Second, combined with the development needs of the property service industry, this paper proposes the 4R mode of modern property service, realizing quality requirements, realizing pleasure service, realizing social responsibility and realizing green health, and summarizes its basic characteristics. Finally, based on the above modes in the practice at Sapphire Service, some management implications are put forward for the industrial transformation and upgrading requirements.
37
Antczak-Stępniak, Agata. "Building and Biologically Active area Indices in Developers’ Investments – Theory and Practice." Real Estate Management and Valuation 30, no. 1 (March 1, 2022): 53–64. http://dx.doi.org/10.2478/remav-2022-0005.
Full textAbstract:
Abstract Development activity in Poland is regulated by many legal provisions, but one of the most important acts for the implementation of developers’ projects is the Act of March 27, 2003 on spatial planning and development. The Act includes, among others, procedures for the preparation and scope of local spatial development plans. One of the parameters significant from the point of view of housing development which these plans define is the minimum and maximum intensity of development and the percentage of biologically active space that should be preserved on a property covered by the investment project. The article adopts two research goals. Firstly, it is an attempt to verify, using examples of selected developers, whether they, as profit-oriented entities, decide to develop the property as much as possible or to keep more undeveloped space, which is a more desirable phenomenon from the environmental point of view. Secondly, an attempt will be made to determine how developers in Poland create a biologically active surface in their projects. Based on desk research, it was found that, among the discussed cases, there is no evident tendency to maximize the permissible built-up areas and the created biologically active areas are sparse and not diversified.
38
Turner, Matthew D. "Political ecology III." Progress in Human Geography 41, no. 6 (August 26, 2016): 795–802. http://dx.doi.org/10.1177/0309132516664433.
Full textAbstract:
Different intellectual strands within political ecology have analyzed changing forms of property institutions and the commons in particular. While engaging these topics from a number of different perspectives, they share common understandings of property rights as relational, contested, and shaped by broader political economies. What is less acknowledged is that political ecologists have, in different ways, studied the hybrid and mixed forms of property institutions that are often concealed or ignored in the tripartite division of private, common, and national properties that dominates institutionalist literatures. These theoretical commitments and research experiences are well-suited for understanding the proliferation of hybrid property institutions associated with neoliberal forms of governance. By briefly reviewing their synergies, this report seeks to bring these diverse strands in conversation. It concludes by highlighting useful avenues of political ecological research and practice that are raised by commoning scholarship and activism.
39
MacKay, Sherri, Alan Feldberg, Ashley K. Ward, and Peter Marton. "Research and Practice in Adolescent Firesetting." Criminal Justice and Behavior 39, no. 6 (March 20, 2012): 842–64. http://dx.doi.org/10.1177/0093854812437120.
Full textAbstract:
Firesetting by juveniles results in billions of dollars of property loss, thousands of burn injuries, and hundreds of deaths each year. A review that specifically focuses on adolescents’ role in this devastating and costly behavior is not available. To address this gap, the current article reviews the past 30+ years of literature on adolescent firesetters, examining topics such as models of firesetting behavior, risk factors and correlates of adolescent firesetting, diagnostic issues, assessment tools and approaches, and current interventions. The article concludes with a discussion of goals for the field, including the development of relevant criteria for pathological firesetting.
40
Ablyatipova, Natalia, and Irina Volkova. "Protection of Property Rights of Minors: The Analysis of the Consistency of Law Enforcement Practice." Legal Concept, no. 1 (May 2022): 84–90. http://dx.doi.org/10.15688/lc.jvolsu.2022.1.12.
Full textAbstract:
Introduction: the problem of protecting the property rights of minors is currently one of the most urgent in civil and family law. Due to the lack of full capacity and insufficient level of psycho-physiological development, children cannot protect their violated property rights on their own. For this reason, this function is assigned to their legal representatives. At the same time, persons who are obliged to protect the property rights of children do not always act in their interests. In this regard, the authors set a goal: based on the analysis of materials of the judicial practice, to identify the circumstances in which the property interests of minors are violated and the problems of bringing to justice persons who have committed such acts. Results: the features of the judicial consideration of cases on the protection and restoration of violated property rights of minors are investigated, the absence of legislative consolidation of the responsibility of persons who have violated the property rights of children, allowing the judicial authorities to apply a sanction commensurate with the illegal act, is established. Conclusions: based on the analysis of the legislation and materials of the judicial practice, the problems of protecting the property rights and legitimate interests of minor children are formulated. Based on the results of the study, the authors have proposed recommendations for improving the legislation.
41
Huizenga, Daniel. "The Right to Say No to Imposed Development: Human Rights Vernacularization in Reverse in South Africa." Journal of Human Rights Practice 13, no. 2 (July 1, 2021): 205–24. http://dx.doi.org/10.1093/jhuman/huab026.
Full textAbstract:
Abstract In this paper I contribute to critical literature on human rights practice by emphasizing how communities in South Africa leverage emerging transnational human rights norms to make progressive claims to property based on a revitalized customary law. I show the extent to which international Indigenous and peasant peoples’ rights are an important interpretive resource in contemporary struggles against the powers of autocratic traditional leaders and extractive industry. In an effort to emphasize the agency of rural communities, I develop a conceptual framework examining ‘law from below’ and the importance of studying ‘property in the margins’. I demonstrate that the use of Indigenous rights norms in South African litigation and social struggle is a process of human rights vernacularization in reverse whereby norms are developed locally through struggle and deliberation and translated into legal venues, effecting shifts in human rights norms and practice.
42
CHAUDHRY, FAISAL. "A Rule of Proprietary Right for British India: From revenue settlement to tenant right in the age of classical legal thought." Modern Asian Studies 50, no. 1 (June 15, 2015): 345–84. http://dx.doi.org/10.1017/s0026749x14000195.
Full textAbstract:
AbstractScholars have long debated the impact of the British ‘rule of property’ on India. In our own day it has become common for historians to hold that the Raj's would-be regime of free capitalist property was frustrated by a pervasive divide between rhetoric and reality which derived from a fundamental lack of fit between English ideas and Indian land control practices. While seemingly novel, the contemporary emphasis on the theory-practice divide is rooted in an earlier ‘revisionist’ perspective among late-nineteenth-century colonial thinkers who argued that land control in the subcontinent derived from a uniquely Indian species of ‘proprietary’ (rather than genuinely propertied) right-holding. In this article, I critically examine the revisionist discourse of ‘proprietary right’ by situating it in a broader comparative perspective, both relative to earlier ideas about rendering property ‘absolute’ during the East India Company's rule and relative to the changing conception of the property right among legal thinkers in the central domains of the Anglo-common law world. In so doing, the article significantly revises our understanding of the relationship between property, law, and political economy in the subcontinent from the late eighteenth to the late nineteenth century.
43
Lapko, Anastasia, and Maryna Polishchuk. "Protection of intellectual property rights." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 5 (December 30, 2020): 166–72. http://dx.doi.org/10.31733/2078-3566-2020-5-166-172.
Full textAbstract:
This article is devoted to the analysis of legislation and scientific works on ways to protect intel-lectual property rights. Material property existed long before the development of the first state, therefore, its protection has long been enshrined in many regulations, sufficiently studied and tested in practice. Intellectual property gained its importance much later - with the advent of a democratic society. Using methods of cognition, such as generalization and synthesis, the analysis of scientific works and legal framework of Ukraine and international experience is carried out, the list of illegal actions aimed at infringement of intellectual property rights and currently taking place is determined. The analysis and the obtained data revealed discrepancies between the regulatory framework and methodology of Ukraine with international law and the problem of practical application of certain rules.
44
Gligich-Zolotareva, M. V., and D. S. Overchuk. "Development of Legislation in the Field of Intellectual Property in Modern Conditions." Federalism 27, no. 4 (January 9, 2023): 168–86. http://dx.doi.org/10.21686/2073-1051-2022-4-168-186.
Full textAbstract:
Russia is a subject of international intellectual property rights protection. It is a territory of exclusive rights to the results of intellectual activity established by international treaties and federal laws are valid. However after beginning of a special military operation and sanctions pressure, the question about correction of the Russian system of intellectual property rights protection in relation to unfriendly countries has become more relevant. Сonsolidation of national security and increasing the country’s technological independence are not always compatible with the principles of protecting the rights of foreign copyright holders that remain in Russian legislation. The state protects domestic producers from foreign copyright holders, and legalizes parallel import. But these mechanisms do not work in full force due to the fact that Russian courts actually continue to protect the right of unfriendly countries to intellectual property in equal volume with Russian copyright holders. This article proposes to consider some measures to protect the rights and interests of the Russian Federation, its citizens and entrepreneurs, including the revision of Russia’s international obligations in the field of intellectual property and the formation of new law enforcement and judicial practice. Also the process of sovereignization of the Russian model of intellectual property rights protection we can see the development of modern technologies with affects of creating the results of intellectual activity and the methods of legal protection of its results. Thus, the achievement of the goals of state policy in the field of intellectual property is also possible by introducing new digital technologies into the state regulation of intellectual property at the federal and regional levels.
45
Nandan Sharma. "Genesis of Patent: An Insight of Intellectual Property Rights Theories." Legal Research Development: An International Refereed e-Journal 1, no. III (March 30, 2017): 76–91. http://dx.doi.org/10.53724/lrd/v1n3.07.
Full textAbstract:
Intellectual property is the property which has been created by exercise of intellectual faculty. India has a long history of protection of Intellectual Property Rights through a system of well developed substantive laws and established legal and administrative practice. It has a well developed structure for the enforcement of Intellectual property rights. The importance of patent system for stimulating inventions, research and development of the country is well recognized in India. The progress and prosperity of a nation depends upon the level of scientific, industrial and technological development. The main purpose of the researcher in this paper is to put some light on the genesis of patent which the researcher has tried to put forward by discussing the theories of Intellectual PropertyRights in detail and depth. Various theories like labour theory, inventive theory, schumpeterian theory, metaphysical theory have been vital in the development of intellectual property laws in India and abroad.
46
Alderaan, Turki Mohammad, Shah Rollah Abdul Wahab, Kuganesh Chendrasekaran, and Kanakam Anandam. "The implementation of 5S as an organisational development practice: a case study in a property development company in Malaysia." International Journal of Public Sector Performance Management 10, no. 2/3 (2022): 222. http://dx.doi.org/10.1504/ijpspm.2022.126230.
Full text
47
Wahab, Shah Rollah Abdul, Kuganesh Chendrasekaran, Kanakam Anandam, and Turki Mohammad Alderaan. "The implementation of 5S as an organisational development practice: a case study in a property development company in Malaysia." International Journal of Public Sector Performance Management 10, no. 2/3 (2022): 222. http://dx.doi.org/10.1504/ijpspm.2022.10051106.
Full text
48
Okyulov, Omonboy. "ESSENCE, NEED AND GENERAL DESCRIPTION OF THE INSTITUTIONAL AND LEGAL SYSTEM OF RIGHT TO INTELLECTUAL PROPERTY AND PROTECTION OF LEGAL INTERESTS IN COURT." Review of Law Sciences 6, no. 2 (July 19, 2022): 77–86. http://dx.doi.org/10.51788/tsul.rols.2022.6.2./dlsj3579.
Full textAbstract:
In the system of civil rights, it can be said that the rights and legitimate interests concerning intellectual property have recently arisen in relation to property, obligations, and torts, which are traditional civil rights. The owners of intellectual property rights themselves have not yet fully realized the meaning of these rights and the possibility of their effective use. If we take into account that intellectual property is the main engine of our social and spiritual life and economic development, it is necessary to take serious, systemic measures in this area. Among these systemic measures, the formation of effective practices and skills of judicial protection in relation to intellectual property occupies a central place. According to the author of the article, among these systemic measures, the formation of effective practice and skills in the legal protection of intellectual property in court takes a central place. The study used legislative norms and scientific and theoretical views of legal scholars on the further improvement of the system for protecting intellectual property rights and legitimate interests in courts. In conclusion, the author draws appropriate conclusions and makes recommendations.
49
Baker, Marzena, and Erica French. "Female underrepresentation in project-based organizations exposes organizational isomorphism." Equality, Diversity and Inclusion: An International Journal 37, no. 8 (November 20, 2018): 799–812. http://dx.doi.org/10.1108/edi-03-2017-0061.
Full textAbstract:
Purpose The purpose of this paper is to investigate the structural career barriers in project-based construction and property development organizations in Australia, and explore how these affect women and their project careers. It applies the insights of the institutional theory to explain how the process of normative isomorphism continues to reproduce female underrepresentation in those organizations. Design/methodology/approach Based on an exploratory interpretive approach, this study consisted of 16 in-depth interviews with female project managers from the Australian construction and property industry. Findings The research shows that organizational practices may contribute to the ongoing female underrepresentation in the Australian construction and property development industries. The structural career barriers unique to project organizations include work practice, presenteeism, reliance on career self-management and the “filtering of personnel” in recruitment and promotion practices. Research limitations/implications The results support the institutional theory as an explanation for the factors that influence women’s’ perceptions of their project management careers. Addressing inequity between men and women is perceived as an organizational choice. Practical implications To achieve a substantive change in the numbers of women in project management, organizational leaders in male dominated industries such as construction and property development are encouraged to think strategically about how to overcome the access and opportunity that affect women’s career progress. Originality/value Drawing on the institutional theory, this study explores how the process of normative isomorphism may reproduce female underrepresentation and gender segregation in traditional project-based organizations.
50
DEMEZHANOVA, Saule M., Tolesh E. KAUDYROV, and Galina S. DEMIDOVA. "Analyzing the Litigation Practice Concerned with the Consideration of Intellectual Property Cases in Kazakhstan." Journal of Advanced Research in Law and Economics 10, no. 1 (March 31, 2019): 124. http://dx.doi.org/10.14505//jarle.v10.1(39).13.
Full textAbstract:
Nowadays, one of the pressing issues of intellectual property protection is unsystematic judicial enforcement. It is a common situation when different courts hold diametrically opposite positions in similar cases. Moreover, court decisions do not always comply with the existing law and litigation practice in intellectual property cases, which ultimately hinders the uniform and accurate application of the law in this sphere. In addition, the effectiveness of intellectual property rights significantly reduces due to the adoption of ‘ridiculous’ judicial acts, which negatively affects the policy pursued by Kazakhstan to fight against the violation of the above-mentioned rights. The article is relevant since the problem in question is insufficiently studied, which conditions scientific interest and determines its applicability. The main objective of this research is to consider and analyze law enforcement based on the study of civil cases in the sphere of intellectual property, as well as identify contradictions and gaps in the current legislation on intellectual property protection.
In this regard, the article aims at identifying the controversial aspects of this category of cases, explaining their causes and offering a possible solution. The article analyzes judgments delivered by courts of the Kostanay Region regarding intellectual property, evaluates the existing legislation on intellectual property rights, reveals topical issues and develops ways of addressing them. The main approach to studying the above-mentioned problem is analysis that helps consider some claims challenging certain intellectual property rights, which is also the research object. Since the litigation practice concerned with intellectual property protection is being developed, this article can predict a possible position of courts on this issue. The theoretical and practical significance of this study is conditioned by the conclusions drawn by the authors regarding the development and improvement of the current civil and civil procedure legislation. Thus, this article is of practical interest not only to students and lecturers within the framework of the ‘Intellectual Property Rights’ discipline, but also to intellectual property owners and judges.
The scientific novelty of this study can be explained by the comprehensive approach to analyzing the effective protection of intellectual property rights in modern conditions with due regard to the law enforcement system of Kazakhstan and the need to strengthen the role of the state in solving problems related to the protection of intellectual property rights.