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Journal articles on the topic 'Property dispute'
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Kurniawan, Rudi, and Sabela Gayo. "The Use of Mediation as Alternative Property Dispute Resolution." International Journal of Research and Review 10, no. 2 (February 11, 2023): 330–38. http://dx.doi.org/10.52403/ijrr.20230242.
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Property disputes cannot be avoided in the present era, this is due to various primary needs that are very high in today's times for example the number of land plots is limited in the development of home property. This demands improvements in the field of arrangement and use of property for the welfare of the community and especially its legal certainty. For this reason, various efforts are made by the government to seek the settlement of property disputes quickly to avoid the buildup of property disputes, which can harm the community, for example, property cannot be used because the land is in dispute. Basically, the choice of dispute resolution can be done with 2 (two) processes. The process of dispute resolution through litigation in court and non-litigation, as the initial stage of settlement, this paper has highlighted the settlement of property disputes in the initial residence using mediation as an alternative dispute resolution in property disputes with a voluntary mediation scheme. Keywords: Alternative Dispute Resolution, Voluntary Mediation, Ownership Rights
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Gayo, Sabela. "THE USE OF MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION IN THE RESOLUTION OF INTELLECTUAL PROPERTY RIGHTS DISPUTES." International Asia Of Law and Money Laundering (IAML) 1, no. 2 (June 3, 2022): 101–6. http://dx.doi.org/10.59712/iaml.v1i2.18.
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In the world of digitization where human ability in business has penetrated into the virtual world, the development of this business needs legal protection of intellectual property is growing very rapidly. Various forms of dispute resolution in the field of intellectual property are then present in supporting the creation of legal protection of intellectual property rights holders in Indonesia. The exclusive rights of these creators, inventors and designers are often abused without rights by others for personal gain. This journal aims to determine the arrangement of dispute resolution in the field of intellectual property and to determine the forms of mediation that can be chosen or used in the resolution of intellectual property disputes. The writing of this journal uses normative legal research methods. The results showed that the arrangement of dispute resolution in court was made by filing a civil lawsuit in the Commercial Court and conducting criminal prosecution in the General Court. Arbitration may also be chosen as a medium for resolving intellectual property disputes. In addition, negotiation, conciliation and mediation are some alternative forms of dispute resolution that can be chosen in the resolution of intellectual property disputes. The forms of mediation referred to here are voluntary mediation (out of court) and penal mediation in criminal charges.
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Singh, Vaishali. "Arbitrability of Intellectual Property Dispute: A Pragmatic Dispute Resolution Mechanism." International Journal of Science and Research (IJSR) 12, no. 12 (December 5, 2023): 1945–47. http://dx.doi.org/10.21275/sr231225231619.
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Sudjana, Sudjana. "Efektivitas dan Efisiensi Penyelesaian Sengketa Kekayaan Intelektual melalui Arbitrase dan Mediasi berdasarkan Undang-Undang Nomor 30 Tahun 1999." Ajudikasi : Jurnal Ilmu Hukum 2, no. 1 (July 20, 2018): 81. http://dx.doi.org/10.30656/ajudikasi.v2i1.598.
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This review discusses the effectiveness and efficiency of dispute resolution of intellectual property through Arbitration compared to Mediation under Law Number 30 of 1999.Approach method used is normative juridical, that is studying national legislation. Specific descriptive analytical research in the sense of describing the issues discussed and analyzed. The research stage is done through literature study to examine the primary law material such as Law Number 30 of 1999 Concerning Arbitration and Alternative Dispute Resolution. Furthermore, secondary law material is done through expert opinion, and tertiary legal material is digital source (internet). Data collection techniques are conducted through document studies, which are conducted by reviewing documents on intellectual property dispute resolution. Then the method of data analysis is done through normative qualitative, it means to study the problem do not use statistic formula, but starting from the principles of law.The results of the study show that the settlement of intellectual property disputes through Arbitration and Mediation each has advantages and disadvantages. Mediation is more effective and efficient than Arbitration relating to stakeholder relations, atmosphere, results achieved, and costs. However, in terms of legal certainty, arbitration is more effective because the decision is final and binding. Keywords: Dispute Resolution, Intellectual Property, Arbitration, Mediation.
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Qtaishat, Khaldoun Said Saleh. "Jurisdiction in Intellectual Property Disputes." Journal of Law and Sustainable Development 12, no. 1 (January 29, 2024): e2759. http://dx.doi.org/10.55908/sdgs.v12i1.2759.
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Objectives: This study seeks to highlight what international jurisdiction in intellectual property disputes is contractual or non-contractual, in order to identify problems related to the subject, including specific controls, and the extent to which the governing rules relate to public order. The scope of the research is limited to the relevant provisions of the Convention and of the law, indicating the position of the Iraqi and Egyptian legislature and referring to certain French and other laws. There are two types of disputes raised by intellectual property rights. The first is violations such as theft and others. The second is disputes arising from contractual relations and breaches of obligations by one of the parties to the relationship. Method: In this study, we will attempt to follow a scientific methodology based on the analysis and discussion of legal texts, jurisprudence and jurisprudence on the subject of the study in order to obtain a legal opinion and an integrated view of the subject. Result: Determining the jurisdiction of national courts in the settlement of intellectual property disputes is not a problem in the event of a national dispute but in the event that it includes a foreign element, the conflict of jurisdiction is problematic and is resolved through objective or personal controls. In the event that the parties agree to resolve the dispute by arbitration, the jurisdiction might be decided by determining the law applicable to the dispute or might be invoked through contract clauses, citizenship, or other controls. Conclusion: we consider that the development of laws and legislation protecting contractual and non-contractual intellectual property rights is very slow to keep pace with violations.
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Emre, Ay Yunus. "Intellectual property disputes and international arbitration." Zbornik radova Pravnog fakulteta u Splitu 58, no. 3 (September 7, 2021): 929–41. http://dx.doi.org/10.31141/zrpfs.2021.58.141.929.
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International arbitration is widely enjoyed in international commercial disputes. Popular arbitral institutions are known for international commercial disputes. Moreover, academic papers generally analyse international commercial arbitration. However, intellectual property disputes are also resolved in arbitration. Therefore, WIPO set up arbitration and mediation institution in its body. Purpose of this paper is to emphasize that arbitration is also suitable alternative dispute resolution for intellectual property disputes.
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Prassiwi, Annisa Gita, I. Gusti Ngurah Adnyana, Dewi Ayu Rahayu, and Dhaniar Eka Budiastanti. "Penyelesaian Sengketa Konsumen melalui Badan Penyelesaian Sengketa Konsumen." Bhirawa Law Journal 4, no. 1 (August 15, 2023): 1–8. http://dx.doi.org/10.26905/blj.v4i1.10581.
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Currently there are many problems in consumer protection. The increasing number of goods and/or service transactions, the increasing number of consumer disputes in Indonesia. Based on data from the Malang City Consumer Dispute Settlement Agency, there were several problems reported to the Consumer Dispute Settlement Agency, including problems with property, Regional Drinking Water Companies and leasing. The type of research used is normative juridical, namely studying and analyzing cases that have occurred using Law no. 8 of 1999 concerning Consumer Protection. The aims of this research is expected to improve the performance of the Consumer Dispute Settlement Agency so that when there is a problem in society related to consumer disputes it can be resolved properly. Besides that, it can add knowledge, especially to business actors so that every transaction must be more careful and consumers when making a transaction must pay more attention to the information available so that there are no errors in the end. The results of this study include the dispute resolution mechanism by the Consumer Dispute Settlement Agency which is carried out through five stages as well as consumer dispute resolution efforts.
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Jin, Yunxi. "Diversified Mechanisms of Dispute Resolution for China's Foreign-Related Intellectual Property Right." Advances in Economics, Management and Political Sciences 83, no. 1 (May 24, 2024): 15–21. http://dx.doi.org/10.54254/2754-1169/83/20240710.
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China's increased competition with industrialised countries in terms of technological innovation during its current development transition has led to an increased demand for its intellectual property resources. At the same time, globalisation has further highlighted the inevitability of China facing foreign-related intellectual property challenges, prompting a focus on resolving such disputes. However, managing intellectual property right litigation relating to other countries remains difficult due to the unique types of foreign-related intellectual property right cases and the intricacies of applying national laws. In order to improve China's intellectual property dispute resolution framework and make it more effective and fairer, this paper will propose the shortcomings of the current litigation procedures through the case analysis and data analysis, and confirm that the flexible and reasonable use of diversified dispute resolution mechanisms will help China better deal with foreign-related intellectual property issues. While advocating a diversified dispute resolution framework for China's foreign-related intellectual property rights, it also provides possible suggestions for its construction.
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Cherniak, O. "Ways of protecting trademark rights in Ukraine Ways of protecting trademark rights in Ukraine." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 255–61. http://dx.doi.org/10.24144/2788-6018.2024.02.44.
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The article deals with the issue of ways to protect trademark rights in Ukraine. The author analyzes the issue of protection of trademarks in the European Union by applicants from Ukraine. The experience of specialized judicial bodies in the consideration of cases related to intellectual property legislation (inventions, trademarks, industrial designs, geographical indications, unfair competition, copyright, traditional knowledge, etc.) is considered, which is useful not only for the right holders of this kind, and for society as a whole. It is determined that in Ukraine there are the following forms of protection of intellectual property rights: jurisdictional and non-jurisdictional. Attention is drawn to the peculiarities of functioning of specialized courts in the field of intellectual property. The author notes the advantages and disadvantages of specialized courts and determines that Ukraine is in the process of establishing a special court - the High Court on Intellectual Property. Analyzing alternative dispute resolution methods, such as mediation. It is emphasized that mediation, as a new tool for the Ukrainian intellectual property system, works in all developed economies of the world and helps creators, inventors and companies to resolve disputes. Mediation is a confidential process that can be in multiple intellectual property groups where confidentiality is critical. In some cases, a dispute may accumulate confidential information that could be prejudicial to the parties if released in a public forum. Mediation allows the parties to keep the details of the dispute confidential, protecting their reputations and intellectual property. It was noted that in view of the European experience and practice of implementing alternative methods of dispute resolution, the Center for Mediation and Mediation was launched within the structure of Ukrainian National Office for Intellectual Property and Innovations (IP Office). Its main task is to perceive the peaceful resolution of disputes by teaching all parties alternative methods of dispute resolution, their features and advantages. Effective use of mediation can significantly help Ukraine become one of the innovative leaders in Europe.
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Ugli, Khujayev Shokhjakhon Akmaljon, and Atalykova Guljazira Shuraxanovna. "ISSUES OF RESPONSIBILITY IN THE FIELD OF INTELLECTUAL PROPERTY." American Journal of Political Science Law and Criminology 05, no. 06 (June 1, 2023): 35–39. http://dx.doi.org/10.37547/tajpslc/volume05issue06-07.
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This article analyses the specifics of resolving disputes on liability for violations of intellectual property rights under the legislation of the Republic of Uzbekistan. The authors separately studied the specifics of resolving issues of property liability in civil and economic courts, public law disputes in administrative courts, as well as administrative offenses and crimes in criminal courts. Based on the analysis, the authors note the importance of 1) specialization of courts; 2) the use of alternative dispute resolution measures; 3) improving the system of execution of court decisions; 4) the use of an integrated approach to solving problems of responsibility on the Internet.
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Jung, Moon-Sung, and Jae-Guck Kim. "Intellectual Property Disputes When the Preferred Alternative Dispute Resolution(ADR)." Joural of the Korea Entertainment Industry Association 9, no. 1 (March 31, 2015): 287. http://dx.doi.org/10.21184/jkeia.2015.03.9.1.287.
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Dmitriev, Dmitry, and Sergey Patrakeev. "Russian Arbitral Tribunals Deal with Disputes Related to Real Estate." Business Law Review 32, Issue 10 (October 1, 2011): 257. http://dx.doi.org/10.54648/bula2011063.
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The Russian Constitutional Court has recently ruled on the question of capacity of an arbitral tribunal to consider disputes relating to immovable property, as the result of a dispute may be the transfer of rights to such property which is subject to state registration. The ruling opens the possibility that arbitral tribunals may resolve corporate disputes.
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Yoga Pamungkas, Heru, and Hayatul Khairul Rahmat. "UPAYA PENYELESAIAN SENGKETA BARANG MILIK NEGARA BERUPA ASET TANAH PASCA GEMPA LOMBOK 2018 MELALUI PENDEKATAN PERSUASIF BERBASIS HAK ASASI MANUSIA [THE EFFORTS TO SETTLEMENT OF STATE-OWNED PROPERTY IN THE FORM OF LAND ASSETS POST THE 2018 LOMBOK EARTHQUAKE THROUGH A PERSUASIVE-BASED HUMAN RIGHTS APPROACH]." Al-Ihtiram: Multidisciplinary Journal of Counseling and Social Research 2, no. 1 (February 12, 2023): 1–10. http://dx.doi.org/10.59027/alihtiram.v2i1.255.
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The 2018 Lombok earthquake caused great damage and loss to the community and the government, one of which occurred in Dusun Lias, Desa Genggelang, Kecamatan Gangga, Kabupaten Lombok Utara where there was a dispute over state property in the form of land assets. This study aims to explore the root causes of disputes over state property in the form of land assets and describe the steps for resolving state property disputes through a human rights-based persuasive approach. The research method used is a qualitative research method with a descriptive approach, meanwhile, data collection techniques are carried out through interviews, observation, and documentation. The results of the study show that the root cause of disputes over state property in the form of land assets originates from the occupation by the local community and the 2018 Lombok Earthquake damaged their homes and then BNPB provided assistance with Earthquake Resistant Houses but the land used was not legally owned. Meanwhile, the dispute resolution steps are carried out through mediation techniques with a persuasive approach while still prioritizing the fulfillment of human rights.
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Mazurenko, Olena. "FORMS AND PROTECTION METHODS OF LABOR RIGHTS OF EMPLOYEES ON LEGISLATION OF UKRAINE." Law Journal of Donbass 74, no. 1 (2021): 36–42. http://dx.doi.org/10.32366/2523-4269-2021-74-1-36-42.
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The article is devoted to the research of forms and protection methods of labor rights and legitimate interests of employees. There is emphasized that the activities of state authorities to protect labor rights and legitimate interests of employees are carried out in statutory forms of activity, where the judicial form of protection is the most effective and complete regarding the legal possibilities of deciding on the case in all its aspects and with the possibility of using the state coercion in case of non-compliance with the court decision. The court as a body that protects the labor rights of the employee is endowed with broad powers to choose the means of protection of labor rights in accordance with the provisions of Article 16 of the Civil Code of Ukraine. Considering the labor disputes on the rules of civil procedure, the court considers not only the labor dispute essentially and resolves the issue of restoration of the violated or disputed subjective labor law, but also resolves the property component of the dispute about the payment, partial payment or non-payment of the claim. Other bodies except court are not endowed with such competence. It is challenged the view that an employee's self-defence of his or her subjective employment right is effective only in cases where the employer does not intend to violate the employee's employment rights. It is emphasized that till today, labor law does not use a mediation that is quite capable to help to resolve a number of labor disputes and conflicts. The mediation can be useful for resolving both collective and individual labor disputes. Its main advantage as a form of protection of labor rights and legitimate interests is the efficiency and speed of resolving the case essentially. The participation of the mediator, as a disinterested party in resolving the dispute, allows the parties to the dispute to understand the situation and voluntarily work out a way out of the dispute, while the parties can make concessions to each other to speed up the case solution. However, till now in Ukraine there is no legal regulation of mediation, and this properly slows down the spread of this form of protection in the field of labor disputes (conflicts).
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SHEBANOVA, N. A. "PROBLEMS OF RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN INTELLECTUAL PROPERTY DISPUTES." Herald of Civil Procedure 10, no. 6 (January 25, 2021): 232–51. http://dx.doi.org/10.24031/2226-0781-2020-10-6-232-251.
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Intellectual property is significant intangible asset, having which gives his owner undeniable advantage on the market. The increase in the number of cross-border transactions with intellectual property objects has led to an increase in the number of disputed in the field of intellectual property complicated by a foreign element. The purpose of this research is to assess the prospects of the recognition and enforcement of a foreign court decision made in a dispute over intellectual property rights. The author pays attention to traditional problems related to the recognition and execution of foreign court decisions, emphasising that these same problems are common for decisions made with respect to intellectual property rights disputes, if those disputes took place in real space. However, the situation is getting worse is the violation of rights occurred in the Internet space. Emphasising that the fundamental prerequisite for the recognition and enforcement of a foreign court decision is the determination of the jurisdiction of the court, the author analyses the approaches developed by WIPO and individual states to determining the appropriate court competent to consider disputes over intellectual property infringement in the Internet space. The article pays special attention to the limits of action of judicial acts handed down in such disputes. As an illustration of the relevance and complexity of problems related to the recognition and execution of foreign court decisions on intellectual property infringement in the Internet space, the article analyses the case Google v. Equustek.
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Fernandez, Carmen Collar, and Jerry Spolter. "International Intellectual Property Dispute Resolution." Journal of World Intellectual Property 1, no. 3 (November 1, 2005): 555–69. http://dx.doi.org/10.1111/j.1747-1796.1998.tb00021.x.
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Davis, Benjamin G. "Building the Seamless Dispute Resolution Web: A Status Report on the American Bar Association Task Force on E-commerce and Alternative Dispute Resolution." Texas Wesleyan Law Review 8, no. 3 (July 2002): 529–38. http://dx.doi.org/10.37419/twlr.v8.i3.7.
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As a result of the Jurisdiction Project's attention to the role of dispute resolution in fostering e-commerce, there appeared to be a clear need for a neutral non-provider entity. The entity's purpose would be to create a task force to study disputes in cyberspace and assist with the development of proposed protocols, guidelines and standards for dispute resolution as it relates to e-commerce and the Internet. In September 2000, the ABA established such a Task Force to study the emergence of standards for the resolution of disputes arising from business to business (B2B) and business to consumer (B2C) e-commerce transactions. The Task Force consists of representatives from five ABA sections: Dispute Resolution, Business Law, Litigation, International Law and Practice, and Intellectual Property. Within its mission, the Task Force has examined the role of Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR), in particular, addressing disputes that result from e-commerce.
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Tanwir S. H., M. H., Dr Ranti Fauza Mayana, and Daniel Hendrawan, S. H., M. Hum., M.Kn. "ALTERNATIVE RESOLUTION OF INTELLECTUAL PROPERTY DISPUTES AS PART OF INVESTMENT IN THE CREATIVE INDUSTRY SECTOR UNDER INDONESIAN LAW." Humanities & Social Sciences Reviews 7, no. 5 (September 28, 2019): 93–97. http://dx.doi.org/10.18510/hssr.2019.7512.
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Purpose: The amount of investment in Indonesia both foreign and domestic increases in number each year. One of the growing investment in Indonesia is the creative industry. Creativity from this creative industry produces a variety of works protected by intellectual property. The development of intellectual property law advanced rapidly. One form of intellectual property is copyright. The many interests in the implementation of this copyright cause some problems and disputes. Indonesia itself recognizes some non-court settlement disputes namely arbitration and mediation so that intellectual property may remain protected.
Methodology: This research study gathered secondary data from literature review, online article, dialogues and different document available on the internet regarding the copyright law. In addition, this research study has analysed different Indonesian law regarding copyright.
Main Findings: There are rights in copyright protected by law. In-Law No. 28 of 2014 it is possible to settle disputes outside the court through several methods. Article 95 of Law No. 28 of 2014 on Copyright stipulates that Settlement of Copyright disputes may be made through alternative dispute resolution, arbitration, or courts.
Implications/Applications: The findings of the study are helpful in gaining knowledge regarding law available regarding copyright and settlement of Copyright disputes through alternative dispute resolution, arbitration, or courts, etc.
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Sobakar, A., and R. Opatskyi. "Mediation as a form of pre-trial resolution of disputes regarding forced alienation of property for public needs or for reasons of public necessity." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 396–400. http://dx.doi.org/10.24144/2788-6018.2023.01.67.
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In order to fulfill the tasks of the research, an attempt was made to solve the following tasks: to find out the essence of the mediation procedure, the principles and legal bases of its implementation in public legal relations; to reveal the content of mediation as a form of pre-trial settlement of disputes regarding forced alienation of property for public needs or for reasons of public necessity.
It was found that mediation is one of the alternative (out-of-court) ways of resolving public-law disputes, by means of which two or more parties to a dispute try to reach an agreement within the framework of a structured process with the participation of a mediator to resolve their dispute, that is, it is a procedure that is carried out outside the court consideration of a public-law dispute in the order of administrative proceedings, but is a related procedure of a court hearing and may arise and be carried out in the process of filing an administrative claim and its trial, but in the order of a conciliation procedure carried out in accordance with the procedure defined by the Law "On Mediation".
The stages (stages) of the mediation procedure in administrative and legal disputes are highlighted: the opening of the mediation procedure; carrying out the mediation procedure; making a decision as a result of mediation, the peculiarities of the mediator's actions regarding the pre-trial review of administrative cases on forced seizure (expropriation) of property due to public necessity and for public needs are revealed.
In order to properly regulate the procedure for the pre-trial (out-of-court) resolution of these and other categories of public-law disputes through mediation, it is advisable to: develop Standard Rules for conducting the mediation procedure; carry out a generalization and analysis of the practice of mediators in the consideration of public legal disputes; regulate the mediation procedure in a specific dispute in the mediation agreement.
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Mysyk, Avis, and Edgar de Ita Martínez. "A Dispute over Patrimonial Property in Huaquechula, Mexico: The Chimalhua Case, 1738–1740." Ethnohistory 67, no. 2 (April 1, 2020): 269–87. http://dx.doi.org/10.1215/00141801-8025322.
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Abstract Throughout the colonial period, disputes over the inheritance of property were common among indigenous peoples, both nobles and commoners. From the outset, they became familiar with and adept at negotiating their interests from within the colonial legal system. Based on the corresponding archival document and map, this article explores how the Chimalhuas used this system to resolve an intrafamilial dispute over patrimonial property. The dispute was not one between equals but, because the Spanish legal system was flexible, its legal decisions arbitrary, both sides attempted to use late-colonial modes of argumentation, legal strategies, and status- and class-based rhetoric to their advantage. This article also considers how the wider context of indigenous population recovery and Spanish pressure on resources within which the dispute occurred had implications for two separate but related issues. First, the status of the Chimalhuas had declined and, second, the dispute was largely confined to the negotiation of individual interests.
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Urbanisasi, Urbanisasi, and Hartaty Halim. "Case Study of Geprek Bensu Franchising Disputes from Intellectual Property Legal Perspective." Edunity Kajian Ilmu Sosial dan Pendidikan 2, no. 10 (October 25, 2023): 1128–34. http://dx.doi.org/10.57096/edunity.v2i10.135.
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A trademark dispute between Benny Sujono and Ruben Onsu regarding the use of the name "Bensu" in their brand led to a dispute over trademark ownership rights. Benny Sujono, the original owner of the "I Am Geprek Bensu" brand, sued Ruben Onsu at the Central Jakarta Commercial Court regarding the use of the "Bensu" frill in the "Geprek Bensu" brand owned by Ruben Onsu. This dispute reflects the importance of protecting intellectual property rights, including trademarks, in the business world. This case involves a court and a legal process that will determine the ownership rights of the "I Am Geprek Bensu" and "Geprek Bensu" trademarks, as well as whether Ruben Onsu's use of the trademark violates Benny Sujono's ownership rights. The results of this study explain that the settlement of intellectual property rights disputes over the culinary business brand Geprek Bensu with I Am Geprek Bensu based on the Commercial District Court has been decided by decision Number 57/Pdt. Sus. Brand/2019/PN Niaga Jkt Pst.) This trial will play an important role in resolving disputes and determining the ownership rights to the trademarks concerned
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Sanjaya, Umar Haris. "KEDUDUKAN SURAT WASIAT TERHADAP HARTA WARISAN YANG BELUM DIBAGIKAN KEPADA AHLI WARIS." Jurnal Yuridis 5, no. 1 (August 2, 2018): 67. http://dx.doi.org/10.35586/.v5i1.317.
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This research focused on the legal standing of testament toward inheritance property which devide yet. Testament recognized as a last will of person to be received by person who determined on it. Potentially, These will rise a dispute between testament receiver and the heir. It because of the heir would be bring it to the disputed if testament not desired. Thus, the testament would be not executed. This research using context of problems as how the legal standing of the testament toward inheritance property which devide yet and continue with is that testament should be execute absolutely toward inheritance property. Research result the testament has no absolutely legal standing to be execute toward inheritance property as long as rise the disputed. The dispute is related with the diclaimer from the heir toward testament substance. Thus, the testament is the last will of people do not perform well as the last will it because of the testament rejected probably. The rejection performed by court as well as the heir lawsuit.
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Najafzade, Gunel. "IMPORTANCE OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN INTERNATIONAL INTELLECTUAL PROPERTY DISPUTES." SCIENTIFIC WORK 17, no. 4 (April 19, 2023): 112–16. http://dx.doi.org/10.36719/2663-4619/89/112-116.
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BLATTMAN, CHRISTOPHER, ALEXANDRA C. HARTMAN, and ROBERT A. BLAIR. "How to Promote Order and Property Rights under Weak Rule of Law? An Experiment in Changing Dispute Resolution Behavior through Community Education." American Political Science Review 108, no. 1 (February 2014): 100–120. http://dx.doi.org/10.1017/s0003055413000543.
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Dispute resolution institutions facilitate agreements and preserve the peace whenever property rights are imperfect. In weak states, strengthening formal institutions can take decades, and so state and aid interventions also try to shape informal practices and norms governing disputes. Their goal is to improve bargaining and commitment, thus limiting disputes and violence. Mass education campaigns that promote alternative dispute resolution (ADR) are common examples of these interventions. We studied the short-term impacts of one such campaign in Liberia, where property disputes are endemic. Residents of 86 of 246 towns randomly received training in ADR practices and norms; this training reached 15% of adults. One year later, treated towns had higher resolution of land disputes and lower violence. Impacts spilled over to untrained residents. We also saw unintended consequences: more extrajudicial punishment and (weakly) more nonviolent disagreements. Results imply that mass education can change high-stakes behaviors, and improving informal bargaining and enforcement behavior can promote order in weak states.
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Ma, Tongchang. "Intellectual Property Protection in Cross-Border E-Commerce." Advances in Economics, Management and Political Sciences 68, no. 1 (January 5, 2024): 47–53. http://dx.doi.org/10.54254/2754-1169/68/20241345.
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With the rapid development of Internet technology, electronic trade has become a significant player in the national and global economy. This thesis examines the complex issues surrounding intellectual property rights (IPR) in cross-border electronic trade. The rapid growth of internet technology has led to an increase in transnational economic disputes, particularly in online shopping platforms and e-commerce websites. The presence of pirated products, trademark counterfeiting, brand infringement, and copyright protection are major concerns in this context. Several factors contribute to these disputes, including different legal systems, cultural backgrounds, economic development levels, conflicting interests of countries, and varying stakeholder attitudes towards IPR protection. Notable cases, such as the Apple-Samsung patent dispute and the challenges faced by Alibaba regarding counterfeit goods, highlight the need for comprehensive solutions to safeguard IPR in a globalized marketplace. The thesis also explores how technology can contribute to addressing these challenges. Blockchain technology can provide enhanced security, transparency, and efficiency in managing intellectual property rights. Big data and artificial intelligence can automate the analysis and monitoring of digital content, enabling faster identification and action against infringement. Establishing global collaborative IP protection platforms and innovative dispute resolution mechanisms are also crucial steps forward.
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Liubimova, E. V. "JURISDICTION OF THE INTELLECTUAL PROPERTY COURT." Ex jure, no. 3 (2019): 28–42. http://dx.doi.org/10.17072/2619-0648-2019-3-28-42.
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Abstract: the author considers the concept of jurisdiction, the classification and analyzes the criteria of jurisdiction on the example of the Court of Intellectual Property Rights. The author proposes the division of substantive jurisdiction into general and exclusive, the latter proposed to classify cases considered by the Supreme Court of the Russian Federation, the Court of Intellectual Property Rights, as well as some of the disputes that are subject to the Moscow City Court. The article proposes a clarification of the term jurisdiction: jurisdiction is a property of a remedy of a right, in particular, a claim. According to the author, the criteria of jurisdiction are the elements of the claim (method of defense, object of dispute, legal facts, parties): the role of the subject of the claim and the parties to the dispute in regulating the jurisdiction of the Intellectual Property Court are described. When building the criteria of jurisdiction, it is extremely important to check their compliance with the functions of the institution, which are also described in the article.
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Anand, Jahnavi. "Trademark Disputes And Role Of Arbitration." Asia Pacific Law & Policy Review 08 (2022): 01–07. http://dx.doi.org/10.55662/aplpr.2022.801.
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Tangible assets have been considered an essential resource for the growth of a business and were given utmost importance all over the world. Until the time the importance of intangible assets came into existence. It took over a decade or two to realize the importance of intangible assets and ultimately it led to the development of intellectual property laws. Intellectual properties in simple terms reflect any property, which is created with the person’s intellect that is to say; through a person’s mind. Intellectual Properties include Trademarks, Copyrights, Patents, Trade Secrets etc… Trademarks are a form of intellectual property. Trademarks are marks, that business entities use to differentiate goods or services from other existing businesses in the market. These marks include any word, symbols, phrases or insignia. There can be trademarks as well as service marks. Trademarks are used for the purpose of goods and service marks are used for the services provided by the various business houses or entities. Trademark disputes are disputes involving disputes or rivalry between various trademarks Trademark Dispute can be of various types. Disputes in registration of a Trademark, licensing of a Trademark or Trademark infringement, cybersquatting or domain name dispute. Arbitration has extended its jurisdiction toward the resolution of disputes involving trademarks due to the considerable growth in the Intellectual Property Sector. Various countries across the globe, including India, have started working towards their Intellectual Properties and made various laws, which govern them. However, with the growth in Intellectual Property, there has also been a spike in the Disputes relating to these. “Arbitration- Mediation” resolution method has been an aid in the resolution of intellectual property disputes. Still, no hard and fast rules have been made to date. The introduction of arbitration in the resolution of trademark disputes or IPR disputes will be an aid in lessening the burden on courts.
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Rusmana, Dodi. "Ownership Dispute Resolution Brand Ownership Rights In Indonesia." Interdiciplinary Journal and Hummanity (INJURITY) 2, no. 4 (April 17, 2023): 269–77. http://dx.doi.org/10.58631/injurity.v2i4.58.
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Brand rights are one part of intellectual property rights that have an important role in the business world of trading of goods and services, especially in maintaining healthy business competition. The research method in this writing uses a normative juridical type of research. Normative legal research is also called literature law research. The approach used in this study is the Statue Approach method. The results of this research include the settlement of brand disputes can be resolved in two ways, namely through litigation and non-litigation. Judges are expected to have the ability to translate the values of justice in matters faced by him through his decisions. Settlement of trademark disputes in court is expected to be guided by the principles of justice, so that the settlement of trademark disputes can create legal certainty. Lawsuits in court or alternative dispute resolution such as arbitration. Furthermore, the legal implication for the decision may be to regulate "the cancellation or deletion of the registration of the Mark carried out by the Minister by striking out the mark concerned by giving defects about the reason and date of such cancellation or deletion". Dispute resolution through alternative dispute resolution is resolved in a direct meeting by the parties and the results are set forth in writing. The ideal concept in trademark dispute resolution in Indonesia, the author expects legal certainty for trademark dispute resolution in the Commercial court, District Court and State Administrative Court as well as in arbitration. The suggestions include the guarantee of a sense of justice and legal certainty in resolving brand disputes, both litigation and non-litigation. The Directorate General of Intellectual Property must be more careful and thorough through a more efficient trademark registration data collection system so that trademark ownership disputes do not occur.
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Joshua, Mishael, Gunardi Lie, and Moody Rizqy Syailendra Putra. "Analysis of Trademark Dispute Cases of PT. Gudang Garam and Gudang Baru." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 1 (June 1, 2023): 559–62. http://dx.doi.org/10.57235/qistina.v2i1.536.
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This writing aims to discuss trademark disputes between Gudang Garam and Gudang Baru regarding image names and logos. The problem that arises is a dispute over the brand name and image displayed on the new Warehouse product. Indonesian law regulates two ways to deal with Intellectual Property Rights (IPR) issues, either through a judicial process (litigation) or through a process outside the court (non-litigation). Laws relating specifically to intellectual property rights, viz. HaKi. Brand Law No. 20 of 2016, regulates trademark protection. What is studied in this study is related to the settlement of rights in trademark disputes between Gudang Garam and Gudang Baru, and on the other hand with substantive and legal considerations of judges in trademark disputes between Gudang Garam and Gudang Garam. New. The author of this study will examine in detail the trademark dispute between Gudang Garam and Gudang Baru.
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Rusdiana, Shelvi. "TRADEMARK IMPERSONATION: REGULATION AND DISPUTE RESOLUTION." Mizan: Jurnal Ilmu Hukum 11, no. 1 (June 21, 2022): 86. http://dx.doi.org/10.32503/mizan.v11i1.2587.
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Intellectual property rights are created or arise from an idea to create a product or process that can be useful for human life. Intellectual property rights are also legal protection given to the results of human thought that are useful and have economic value. Understanding intellectual property itself requires comprehensive knowledge of what can be the object of intellectual property protection. A brand is an intellectual property identifier of a product or service owned by a company or individual. Violation related to registered trademark rights in Indonesia is an act that is against the applicable positive law. This study analyzes the regulation, legal protection of registered trademarks and dispute resolution. The research method used is a normative juridical research method using secondary data in the form of regulations related to brands and the results of previous studies. The results of this study indicate that a violation in the form of imitation of a registered mark can be subject to imprisonment and a fine. There are 2 (two) ways of resolving disputes regarding the imitation of the registered mark: filing a claim for compensation and terminating all activities related to the use of the mark. The lawsuit is submitted to the commercial court and can take arbitration or other alternative dispute resolution.
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Mathew, Daniel. "Arbitrating Intellectual Property Disputes in India." Journal of National Law University Delhi 6, no. 2 (December 2019): 84–106. http://dx.doi.org/10.1177/2277401720959174.
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Recent years have witnessed enhanced utilisation of varied means of alternative dispute resolution to resolve a variety of disputes. While many areas have seamlessly adapted and internalised such extension, intellectual property disputes continue to offer stubborn resistance. This is because on the one hand intellectual property represents substantial business asset, while on the other it is an outcome of a carefully constructed public policy. The tension between the two viewpoints has a profound effect on how intellectual property disputes are understood and resolved. As a result, jurisdictions, world over, including India, have struggled to suitably respond to concerns emanating from private adjudication (in particular use of arbitration), to resolve public policy issues (such as disputes pertaining to intellectual property). This article attempts (a) a critical appraisal of the efforts to arbitrate intellectual property disputes in India, (b) identify and analyse legal roadblocks to such attempts including contradictory approaches adopted by Indian courts and (c) finally, undertake an evaluation of a possible compromise that enables arbitration of intellectual property disputes in India.
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Murat, S., B. A. Aidarbekov, and A. B. Kemelbay. "The problem of resolution of legal collisions and conflict in the context of property rights protection." Bulletin of the Karaganda University “Law Series” 98, no. 2 (June 30, 2020): 102–11. http://dx.doi.org/10.31489/2020l2/102-111.
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The article discusses the problems of resolving legal collisions and conflicts in the context of protecting property rights. The authors of the article examined the problems of the conceptualization of legal disputes, conflict resolution as a legal science, the specificity of legal conflicts expressed in a whole system of essential features. It is concluded that legal conflict is a relatively independent category of legal conflictology and constitutes a contradictory unity of legal dispute and opposition of legislative acts. The distinction is drawn between a legal dispute and a legislative conflict. The correlation of the concept and essence of legal disputes and legal conflict taking into account the diversity of approaches to their content. Consideration of the system-forming features of legal conflictology as a legal science allowed researchers to identify its specifics. Legal conflictology emphasizes the importance of legal components in social contradictions and the possibility of using legal norms to control the course of conflict and its resolution. The article analyzes in detail the main civil law methods of protecting property rights. The authors of the article determined the actualization of the problem of applying the legal methods of protecting property rights and other property rights, analyzed the signs of property law, civil law methods of protecting property rights and other property rights, highlighted the specificity of the species characteristics of civil lawsuits.
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Bempa, Sofyan Winandi Putra, and Fenty U. Puluhulawa. "Inheritance Distribution in The Javanese Tondano Community." Damhil Law Journal 1, no. 1 (June 19, 2021): 53. http://dx.doi.org/10.56591/dlj.v1i1.756.
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<p>The purpose of this study was to analyze the inheritance distribution system of the Tondano Javanese people in the village of Tondano Reksonegoro and the settlement of inheritance disputes that occurred through the Alternative Dispute Resolution (ADR) for the Tondano Javanese community in Reksonegoro village, Tibawa district, Gorontalo regency. The nature of this research is descriptive qualitative with a socio-legal approach method—data obtained through direct interviews with subjects or informants. The data analysis technique consists of 4 steps: data collection, data reduction, data entry, and conclusion drawing or verification. The division of inheritance with a will is practiced by the<br />Tondano Javanese people in Reksonegoro Village, Tibawa District because there is a high possibility of disputes between the heirs. The division of inheritance with a will is also based on the suitability of the following three things, namely personal experience, seeing the surroundings/surroundings, and messages from parents. Results analysis of property dispute resolution through Alternative Dispute Resolution (ADR) in the Tondano community in Reksonegoro village, namely consultation, negotiation, and mediation. The three forms are widely used sequentially according to stages. The reasons for resolving property disputes through the Alternative Dispute Resolution (ADR) route are (1) upholding the principles of Ampit Watu Esa Pelayas, (2) Cultivating the cultural value of deliberation for consensus, (3) Upholding the value of gotong royong, (4) Reluctance towards settlement through court institutions, (5) Maintaining the pam or the good name and honor of the family, and (6) Preventing disputes from getting bigger and too long.</p>
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Rahman, Ahmad Haikal. "Dinamika Putusan Pengadilan dalam Penyelesaian Sengketa Kewarisan." AHKAM 2, no. 1 (March 6, 2023): 148–63. http://dx.doi.org/10.58578/ahkam.v2i1.986.
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This content departs from the rise of inheritance disputes in cases at courts in Indonesia. The property left by someone who dies often creates family divisions, starting from who is entitled to the inheritance to how much part an heir gets from the inheritance. This dispute occurs because the heirs are dissatisfied with what he gets from the heir or feel more entitled to own the inherited property because the Islamic legal system uses a 2:1 system which does not seem to give justice to another. Inheritance disputes that occur usually are related to heirs, heir and Inheritance. This paper aims to show several types of disputes that occur, especially those that are brought to court and to see how the dynamics and ways of judges in making decisions on these cases so that they become a picture of the future for other judges in dealing with inheritance dispute cases in particular.
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Khominich, M. S. "Legitimacy of Subjects of the Right to Judicial Protection in the Law Enforcement Practice of Land and Property Disputes Resolution: Formulation of the Problem." Uzhhorod National University Herald. Series: Law 1, no. 82 (May 16, 2024): 341–47. http://dx.doi.org/10.24144/2307-3322.2024.82.1.54.
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The article is devoted to the study of the problems of the ownership of the plaintiff and the defendant as parties to a land-property dispute in the current law enforcement practice of courts of general jurisdiction. The author emphasizes that the primary task of the judicial branch of government and a specific court as its representative is to correctly determine the subject composition of the case, the subject of which is the resolution of a land and property dispute. Achieving the specified task has two main consequences: obtaining legal protection of the violated, unrecognized or disputed right by the proper “offended” person and placing responsibility for the committed encroachment on property rights on the actual violator. The article analyzes the procedural institution of replacement of an improper defendant as a mechanism designed to ensure the implementation of the principle of ownership of the parties to the dispute in the civil process. In particular, the author drew attention to the fact that in the judicial practice of courts of all instances, the terms “proper plaintiff” and “improper plaintiff” are used, the definition of which is not contained in the current civil procedural legislation. In addition, the article analyzes the judicial law enforcement practice formed in the part of replacing an improper party in cases for the resolution of land and property disputes and formulates relevant conclusions regarding the ambiguity of the positions of courts of general and administrative jurisdiction in this matter. The author conducted a comparative analysis of the legal regulation of the institution of replacement of the proper party in a dispute under civil and administrative procedural legislation. Based on the results of the research, the author outlined the scientific and practical aspects of the investigated issues in this field of civil procedural law. In particular, the author comes to the conclusion about the inconsistency of the legislator’s vector regarding the development of an effective procedural mechanism for the protection of the rights of subjects of land legal relations, which in turn creates prerequisites for possible abuse of the court’s procedural powers.
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Boyea, Earl. "The North Dorr Church Property Dispute." Michigan Historical Review 16, no. 2 (1990): 74. http://dx.doi.org/10.2307/20173231.
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Cradduck, Lucy, and Clive M. J. Warren. "Goodwill hunting." Property Management 37, no. 5 (October 21, 2019): 597–609. http://dx.doi.org/10.1108/pm-11-2018-0057.
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Purpose The purpose of this paper is to add to the academic discourse by developing a methodology by which a block of land’s goodwill, or lack of goodwill, can be factored into its valuation. Design/methodology/approach The research was undertaken utilising a mixed-methods approach, which involved doctrinal research, together with qualitative and quantitative analysis of the impact of neighbourhood disputes on real property value. The disputes engaged with for exemplar purposes were those of tree disputes resolved by QCAT order. Findings A dispute can adversely affect a property’s goodwill, which can impact both its saleability and value. Research limitations/implications Due to the sensitive nature of the valuation process and the potential negative impact that any identification of a property may have on its value, it was not appropriate to identify any properties specifically or the area in which these are located. Further, as regards the available details of disputes, the authors were only able to engage with disputes for which an order existed. Practical implications The methodology developed can be applied to other real property interests, for example, lots in freehold retirement village complexes or those within other strata title schemes of either residential or commercial use. Social implications As the number of neighbourhood disputes throughout Australia grows, addressing the impact that a dispute has for property value is a concern relevant to all valuers and owners. Originality/value The authors add to the academic discourse by developing a methodology by which a property’s goodwill, or lack of goodwill, can be factored into its valuation.
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Ogilvie, Margaret. "Judicial Restraint and Neutral Principles in Anglican Church Property Disputes: Bentley v Diocese of New Westminster." Ecclesiastical Law Journal 13, no. 2 (April 26, 2011): 198–207. http://dx.doi.org/10.1017/s0956618x11000068.
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Anyone hoping that the British Columbia Court of Appeal, in Bentley v Anglican Synod of the Diocese of New Westminster would resolve the doctrinal and related property disputes in the Anglican Church of Canada (ACC) and even in the world-wide Anglican Communion over same-sex blessings must come away from the decision of Newbury JA for the unanimous court greatly disappointed: the court left the dispute exactly where it began – in the ACC. Conversely, anyone hoping that the court would do precisely that will be greatly relieved by this exercise of judicial self-restraint in the face of the many challenging theological and legal issues presented by the case. Stripped to its essentials, the court found that the property to which four former parishes in the diocese of New Westminster laid claim by way of a cy-près application was held by the diocese pursuant to a statutory trust for the uses of the diocese and the ACC. The court further characterised the dispute over same-sex blessings as an internal dispute among Anglicans on the basis of which a cy-près order cannot be made in favour of parishes which no longer regard the Bishop of New Westminster as their bishop. This simple, legal outcome followed an 11 day trial in the British Columbia Supreme Court, a four day appeal hearing, and two lengthy judgments, each of just under 100 pages, which ranged widely over the history of the dispute within the ACC and the larger Anglican Communion, and the Anglo-Canadian common law relating to the resolution of church property disputes since the 1813 decision of Lord Eldon in Craigdallie v Aikman, almost two centuries before.
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Lazarchuk, Kateryna, and Oksana Zadniprovska. "Protection of Intellectual Property Rights in Investor-State Arbitration: Underlying Challenges and Perspectives." Kyiv-Mohyla Law and Politics Journal, no. 7 (December 29, 2021): 77–94. http://dx.doi.org/10.18523/kmlpj249905.2021-7.77-94.
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This article provides an analysis of existing international mechanisms for protecting intellectual property rights and concludes whether investment arbitration can be an effective forum for resolving intellectual property disputes. It focuses on an examination of the scope of intellectual property rights protection by bilateral investment agreements, as well as the specifics of the investment dispute resolution procedure. In addition, the analysis includes an assessment of the territoriality principle of intellectual property rights and its application in Ukrainian law, as well as an examination of international investment treaties concluded with Ukraine to determine the scope of protection afforded to intellectual property.
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Shehade, Maria, Kalliopi Fouseki, and Kathryn Walker Tubb. "Editorial: Alternative Dispute Resolution in Cultural Property Disputes: Merging Theory and Practice." International Journal of Cultural Property 23, no. 4 (November 2016): 343–55. http://dx.doi.org/10.1017/s094073911600031x.
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Yuldashov, Abdumumin. "Dispute resolution in the field of intellectual property law in Uzbekistan." Tsul legal report 4, no. 1 (March 15, 2023): 15–20. http://dx.doi.org/10.51788/tsul.lr.4.1./dbip4357.
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This article discusses ongoing reforms in the field of intellectual property protection in Uzbekistan. In particular, the issues of administrative responsibility for violation of intellectual property rights, the process of judicial protection are covered. Opinions were also expressed on the procedure for resolving disputes in the field of intellectual property by administrative, civil and criminal courts. At the same time, based on the types of intellectual property objects (industrial property objects, means of individualization, copyright), the features of resolving conflict situations related to them are revealed. Based on the results of the article, the author concluded that it is necessary to specialize courts in resolving disputes in the field of intellectual property, expand the mechanisms of alternative ways of resolving disputes in the field of intellectual property, and improve the system of enforcement of judgments on intellectual property
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Kenedi, Jhon. "Penyelesaian Sengketa Harta Bersama Dengan Harta Bawaan Ketika Terjadi Perceraian." Manhaj: Jurnal Penelitian dan Pengabdian Masyarakat 3, no. 1 (September 26, 2019): 92. http://dx.doi.org/10.29300/mjppm.v3i1.2345.
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The Marriage Agreement functions as a solution to anticipate or avoid injustice in the trial process in the court of the distribution of property, if there is a dispute between husband and wife. Conflicts over the distribution of inheritance sometimes can not be resolved by mediation efforts, even after being processed in the first court (religious court), continues into the court of appeal and cassation. Benefits of a Marriage Agreement in the Settlement of Default Assets, to assist the panel of judges adjudicating a case of inheritance disputes in making the right decision in divorce cases. If a case does not occur, the agreement is useful for separating the status between shared assets and property. If a case / dispute occurs, the marriage agreement is available
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Upreti, Pratyush Nath. "Litigating Intellectual Property Issues in Investor-State Dispute Settlement: A Jurisdictional Conflict." Global Trade and Customs Journal 11, Issue 7/8 (July 1, 2016): 343–51. http://dx.doi.org/10.54648/gtcj2016046.
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This article attempts to show a jurisdictional conflict, while litigating intellectual property in investor-state dispute settlement (ISDS). At the global level, the World Trade Organization (WTO) dispute settlement body has jurisdiction to deal with any matters related to intellectual property. On the contrary, ISDS exclusively settles a dispute arising from an investment. The recent International Investment Agreements reveals that ‘intellectual property’ is part of the definition of investment, giving way for an investor to challenge intellectual property issues in ISDS. This departure of forum shifting from WTO Dispute Settlement Understanding to ISDS can be seen through the lenses of res judicata and doctrine of estoppel. However, the impact of such jurisdictional conflicts awaits future claimants.
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Gribov, Nikolaj D. "Consideration and Resolution of Family and Corporate Disputes: Procedural Problems." Rossijskoe pravosudie, no. 1 (December 8, 2023): 54–61. http://dx.doi.org/10.37399/issn2072-909x.2024.1.54-61.
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The common property of the spouses may include shares or shares in the authorized capital of the company, therefore, various procedural problems related to family and corporate law arise in the practice of the courts. Purpose of the work: on the basis of doctrinal and empirical analysis to resolve some procedural problems in the consideration and resolution of family-corporate disputes. Brief conclusions. When considering a dispute on the division of a share in a company, the court should bring up for discussion the issue of the possibility of obtaining compensation for it, which can prevent further corporate disputes. The fact of the presence of a prohibitive clause in the charter of a legal entity should not be included in the subject of proof in a family dispute on the division of a shares. The presence of a court decision on the recognition of ownership of a part of the share and the disagreement of other participants in the corporation serves as the basis for paying the actual value of the shares. The spouse has the right to apply to the arbitration court to challenge the corporate decision if he violates his property right, but in this case an increased standard of proof will apply, since the plaintiff is obliged to provide indisputably evidence of the disagreement at the time of the legal actions, their economic inexpediency. &Keywords: family dispute, corporate dispute, jurisdiction, proof, shares
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RAHIMI, Haroun. "To Sue or Not to Sue: How Afghan Merchants Strategically Choose to Use or Avoid Courts." Asian Journal of Comparative Law 14, no. 2 (November 12, 2019): 211–44. http://dx.doi.org/10.1017/asjcl.2019.35.
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AbstractThis article explores how and why Afghan merchants choose to use courts or informal dispute resolution methods. It goes beyond the common corruption and inefficiency arguments, which maintain that Afghans do not use courts because they are corrupt and inefficient. It leverages rich, original data on variation of dispute resolution practices across provinces and types of disputes to gain insights into Afghan merchants’ dispute resolution decisions. In so doing, I reveal a more complex picture of commercial dispute resolution in Afghanistan. In this article, I demonstrate that Afghan merchants do choose courts when courts enforce the parties’ expectations and courts’ judgments are necessary and effective. Moreover, while Afghan merchants do prefer informal dispute resolution methods, they do so because informal methods hold important advantages over courts in the context of Afghanistan where the formal property rights system is a failure, and the business climate is highly volatile.
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., Noviansyah, and Sabela Gayo. "The Use of Mediation as Alternative Tax Dispute Resolution." International Journal of Research and Review 10, no. 1 (January 10, 2023): 133–43. http://dx.doi.org/10.52403/ijrr.20230114.
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Legal remedies that can be taken by taxpayers in the event of a tax dispute by filing an objection to the objection institution located in the Directorate General of taxes. This objection is essentially a legal remedy that is outside the Tax Court to seek justice in tax disputes. The problem is that there are several weaknesses related to fairness to objection institutions in processing objections that exist today, namely: the psychological pressure on the objection reviewer, the organizational structure that is not independent, human resource management, especially the objection review team that has not been optimal. To overcome these problems alternative dispute resolution should use mediation mechanism because it can overcome the buildup of cases in court so that an effective instrument is needed because some countries such as Australia, Britain, America, Canada use mediation as an alternative to tax dispute resolution. Keywords: Alternative Dispute Resolution, Tax Dispute, Property
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Larson, Rhett B. "New Water for Water Dispute Resolution." Texas A&M Journal of Property Law 4, no. 3 (February 2018): 193–215. http://dx.doi.org/10.37419/jpl.v4.i3.2.
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Water scarcity often leads to water disputes. New water supplies—such as bulk water imports, desalination, cloud seeding, or increased stream flows from improved forest management—can mitigate water scarcity and thus help avoid water disputes. However, new water supplies can also aggravate water disputes if not developed in concert with legal reforms. This Article evaluates the role of new water in two cases of water disputes in arid regions and proposes legal reforms to promote new water as a means of water dispute resolution. The first case is the adjudication of water rights in the Gila River basin in Arizona. Improved forestry management could increase water supplies and help resolve this decades-old dispute, but Arizona law should reconsider how property rights are assigned to such increased supplies and what legal mechanisms could encourage investment in forestry management. The second case involved disputes over water resources in refugee host communities in Lebanon and Jordan. The influx of Syrian refugees into cities in Lebanon and Jordan can give rise to water disputes. Laws in the countries can be reformed to facilitate water augmentation and thereby provide increased supplies to refugee host communities.
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Guntur Rapi Sanjaya and Bima Adi Putranto. "Analisis Putusan Majelis Hakim Pengadilan Negeri Balige terhadap Penerapan Hukum Waris Adat Batak dalam Pembagian Hak Waris." Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora 2, no. 1 (December 25, 2023): 189–98. http://dx.doi.org/10.59059/mandub.v2i1.893.
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Patrilineal inheritance, a customary system practiced in various Indonesian traditions, designates inheritance passing through the paternal lineage. However, complications arise when heirs lack male descendants or those recognized as legitimate by customary norms. Customary practices within the community often address these issues. Judicial panels frequently adjudicate disputes related to patrilineal inheritance to ensure equitable resolutions. Judges, empowered by the Judicial Power Law No. 48 of 2009, make decisions based on a comprehensive understanding of the legal framework and case circumstances. A case analysis, specifically Verdict Number 3494 K/Pdt/2016, concerning the inheritance dispute among the Batak Toba customary community, revealed that evidence from documents and testimonies proved the disputed land belonged to the appellants. The land, previously acquired by the appellants' mother through purchase from the Nagari, was not part of the inheritance left by the appellants' grandfather. However, the decision in settling the Batak Toba customary dispute in Verdict Number 3494 K/Pdt/2016 did not align with the principles of patrilineal inheritance customary to the Batak Toba community. This divergence stemmed from the judges' consideration that the disputed land constituted communal property resulting from the marriage between the late Yakob Sitinjak and the late Sanggul Boru Sinaga.
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Bunga, Marten, Robby Waluyo Amu, and Leni Dwi Nurmala. "Certificate of Land Property Rights as an Evidence in Land Dispute Settlement." IJRAEL: International Journal of Religion Education and Law 2, no. 1 (February 13, 2023): 5–12. http://dx.doi.org/10.57235/ijrael.v2i1.360.
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The goal to be achieved in this writing is to study specifically about certificates of ownership as a means of evidence in resolving land disputes with problem limitations, namely: How is the strength of proof of certificates of Land Rights in land dispute resolution. The research method used is normative juridical research. Namely legal research by conducting a review of literature related to problems with a statutory approach. The results of the study show that land ownership certificates issued by the National Land Agency have strong evidentiary power to be used as evidence in resolving land disputes that are carried out either by deliberation or through the settlement process in the judiciary.
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Whiting, Susan. "Values in Land: Fiscal Pressures, Land Disputes and Justice Claims in Rural and Peri-urban China." Urban Studies 48, no. 3 (February 2011): 569–87. http://dx.doi.org/10.1177/0042098010390242.
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This paper explores justice claims and legal recourse in disputes over land rights—a major source of unrest—in rural China. Local governments’ search for fiscal revenue and the concomitant fiscalisation of land create the context for the recent wave of land disputes. The types of dispute and the contexts in which disputes arise shape the ways in which citizens seek recourse to threats to their property rights and shape the kinds of justice claim they make in the process. Citizens whose land rights are threatened by land takings orchestrated by local governments and outside developers are more likely to pursue both distributive and procedural justice claims in court than are citizens whose land rights are threatened by reallocation of land within the community. In the latter case, citizens are more likely to pursue distributive but not procedural justice claims through mediation. These patterns hold in both case study and survey evidence. Distributive justice is associated with the fairness of outcome of a dispute, while procedural justice is associated with fairness of the process of dispute resolution.