Slovakia: The Kids of Lunik IX
TOL slide show: A documentary project aims to shine a light on a successful preschool in Central Europe's biggest Romani ghetto. Click here to see our audio slide show about the Lunik IX elementary school.
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TOL slide show: A documentary project aims to shine a light on a successful preschool in Central Europe's biggest Romani ghetto. Click here to see our audio slide show about the Lunik IX elementary school.
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The present contribution tries to demonstrate that the new provisions of the Students rights and obligations code, recently published in the Official Gazette should be mandatory put in practice and obey the rules provided by the copyright law. In the article are analysed the copyright rights established by the new Student code through the previsions of the code itself, the New Civil Code, Labor Code and last but not least the Copyright law 8/1996. The conclusion is that we need as urgent as possible the Romanian Intelectual Property Code.
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The article underlines the importance of the protection of intellectual property rights which encourage the development of the culture and the economy. Also the author try to explain the notion of private copy and the cases in which the violation of author ,s rights there are considering offences. In many cases there is difficult to prove who is the person which comitted the offences against of author ,s rights, because the offences are comitted by the internet and the probation involve a lot of financial costs. The question is, if we have points of law or problems with the aplication of law.
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In the article the breach of the rights of third parties by registration of an Internet domain name is analyzed, through the perspective of an a priori possible protection as well as through the perspective of an a posteriori protection. In the latter case, the possibility to go to the courts of law, which used in solving such cases either the means conferred by the intellectual property law, or the means conferred by the common ground law, as well as the possibility to use the alternative means to solve the disputes is analyzed. The possibility to use the alternative dispute resolution is also analyzed, with a special view on the procedure provided by the Uniform Domain Name Dispute Resolution Policy (UDRP) which was applied with regard to the litigation on .ro domain names also. In the context of analyzing the UDRP procedure the legal ground of the procedure, the field of application, the possible sanctions, the costs, the steps of the UDRP procedure are analyzed. Also the alternative dispute resolution regarding the .eu domain name is briefly analyzed.
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The economic and financial crime causes huge prejudices to the national economies, to the European Union budget and at the global level. The long-term consequences of this type of crime, are extremely visible at present, considering the effects of the global crisis that each of us experiences, but the responsibility factors are not aware yet of the serious danger to which they expose any states or nations, despite of the experts’ warnings in the economic and financial field, who are responsible for using all the available resources in order to bring to the attention, to know and counteract the effects arising from this type of crime. In this article, we propose to the experts in the field of the intellectual property rights, to examine the unspecific methods of committing the offences in the field of private copy. The illegal actions of the type of tax fraud, fair trade, forgery, use of forgery and all kinds of deceit actions are only a part of the criminal components being an integral part of the large range of the economic and financial crime within the territory of our country. Likewise, we try a theoretical exposure of the concepts with which the economic and financial crime operates in general and the consequences which it has over the intellectual property rights, summarizing at the same time the new maximum profit orientation trends of criminal organizations – criminal undertaking and the concrete way in which the vertical and horizontal crime may affect the financial interest of the rights’ owners seriously. Thus, we try to give a warning about the fact that the activity of the economic and financial crime groups has become a challenge for the national authorities, and the involvement of organized crime and the complexity of criminal networks at the national level result in the necessity to provide a more comprehensive interpretation of the criminal phenomenon present in our country.
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The scientific research theme aims to deepen a topical issue, i.e. to examine the legal requirements of performers’ rights from Romania, by collective management, to do a critical analysis of the regulation in our country and to contribute thereby to the correction of the law, to its harmonization with the EU countries. Intellectual creation has some amazing features: it is invisible, it can be passed across borders, it can be multiplied to infinity and its value increases steadily over time. Any country that cares about its traditions and seeks to make progress in the field of culture, of science and education, must recognize, encourage and protect intellectual creation. The copyright neighboring rights or "les droits voisins" as they were called in doctrine and jurisprudence, have been regulated for the first time in the Romanian law by the Law no.8 /1996 on copyright and neighboring rights. The neighboring rights are intellectual property rights, other than the copyright, granted to performers for their own performances or executions, to sound recordings producers and audiovisual recordings producers for their own recordings, and to broadcasting organizations (radio and television) for their own transmissions and program services. Performers’ rights can be managed mandatory or optionally by the collective management societies. The collective management of copyright and neighboring rights is a necessary step for implementation of certain rights in comparison with various ways of exploitation. Since the beginning, some of performers’ economic rights proved difficult to assess individually. The technical progress and widespread mass exploitation have made individual control virtually impossible. Collective management primarily involves the collection of remuneration payable by users/importers and its distribution to those entitled to it, proportional to the actual use of each repertory, within 6 months from collection date.
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Over the last years, the technological progress [the appearance of copy machines and photocopiers (printer, photocopier, scanner, multifunctional machine etc.)] has allowed a secondary large scale use of scientific works, in all fields, made by reprography method (photocopying). Consequently, according to the exposure of Viorel Roş, Professor, „in the circumstances of the proliferation and improvement of the reproduction techniques, the control of the use of works is, if not impossible, rather difficult to be performed”. Keeping the same thinking, one stated that „the practice of reprography has a negative influence on the dissemination of books and periodicals, especially of the scientific ones, which cannot be indifferent to the society, of course”. The reproduction activities, as well as those related to the sale of scientific works, without the consent of the author or of the rights owner, represent illegal actions, known also as piracy and affects, according to the specifications contained in the documents of the World Organization of Intellectual Property, all the parties involved in the creation and improvement of these categories of works, such as: the authors, the rights’ owners, the publishers, the distributors, the consumers and last, but not least, the state, as the gains obtained by pirates are not subject to taxation.
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The supplementary protection certificate is considered at present as representing an accessory of a national or European patent granted for the purpose of extending the duration of the rights that the latter confers to its holder for an active substance or a combination of active substances. According to the above - mentioned patent and respectively, of the certificate, the holder has the exclusive right to manufacture and to sell the patented product, as well as the right to oppose to any counterfeiting of the protected product. The regulation related to the award of this protection title for medicinal products, within the European Union territory, represents the subject matter of the Regulation (EC) no. 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (codified version). The conditions for obtaining the respective certificate are set forth in art. 3. The study is intended for the presentation of the decisions rendered by the Romanian courts in the disputes related to the controversial interpretation of art. 3 letter d) of the Regulation, setting forth that the valid marketing authorization of the medicinal product, in compliance with the Directive 2001/83/EC or the Directive 2001/82/EC, as the case may be, should be the first marketing authorization of the product in its capacity as medicinal product. Likewise, the study describes the differences of the approach and of the settlement of the cases by the State Office for Inventions and Trademarks (OSIM) and by the national courts. The objective of this study is represented by the examination of these decisions as compared the European practice for the purpose of finding certain solutions of uniform interpretation of the Community legislation at the level of the Romanian courts.
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The study hereafter aims at developing the subject represented by the lease contract of an intellectual creation correlated with the new legal dispositions of the Civil code concerning the lease agreement. The analysis is inscribed in the author’s sphere of interest concerning the major copyrights turning into account agreements following an ample theoretical schedule, which is defined by the effort to compare the particular legal provisions on this type of agreements to the larger area of legal provisions comprised in the Civil code that came into force in October, 2011. The necessity of this study is derived from the circumstance that this type of agreement dealt with hereafter is brought under regulation by a single article encompassed in Law no. 8/1996, corroborated with the fact that the patrimonial author’s rights turning into account agreements are not referred to within the legal provisions of Law no. 287/2009.
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The possibility of unauthorized copying due to the present technological development has become nowadays, part from being seen as an ordinary act, a real testing of the specific legislation. Yet, a too drastical limitation of this action can have as an effect a decrease in people’s degree of being informed and culturally aware, and this consequence is not to the advantage of society. Education is based on the wider access to intellectual resources and it can indirectly generate an increase of the purchasing power and, implicitly, an enlargement of the copyright market zone. The measures to be taken can have such specific features that any global reglementation might be almost improbable. Subsidizing of books publishing (and not only) constitutes a leading factor towards the achieving of a desired cultural accessibility, but also towards the abandoning of the pirate-copy done by people with very limited material resources.
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In the past couple of years, European politicians and citizens had to become more and more conscious of the fact that domestic policy issues suddenly turned out to be the common concerns of politicians, intellectuals, celebrities, street protesters and online activists all over Europe which has been discussed as precondition for a vivid European political community. The aim of the paper is to sketch a theoretical and conceptual ground for future evidence-based empirical studies which might provide analytical and explanatory schemes for comprehending Europe (including the EU regime) as an agency-centred political space which is continuously being confi gured and reconfi gured via publicly available communications on controversial issues. Our point of departure is the social constructivist turn in European studies, namely, seeing institutions/ structures as a result of the actors’ eminently communicative activities. The article also proposes to redefi ne the role of the European public sphere in studying the behaviour of political actors in making a European political space. Finally we present a tentative list of potential research directions to test comparatively the current European political space models via the European political debates.
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The paper intends to draft an anthropology for political studies. It is striking that while political science relies extensively on the behavioural models of economics (this is the model of the rational, self-interested actor), sociology (the model of norm-abidance and conformity), or even psychology (an actor motivated by her emotions, neurosis, etc.), it has not developed an anthropology for its own purposes. Does this mean that political action has no proper motivational basis as such? The paper argues that this is not the case. In fact, there is a model implicitly present in political science. This is the actor following the common good, along the lines of collective rationality. The paper aims at making the fi rst steps towards elaborating the theoretical and empirical foundations for such a model.
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Pál Gábor: Közpolitikáról kezdőknek és haladóknak (Gajduschek György–Hajnal György: Közpolitika. A gyakorlat elmélete és az elmélet gyakorlata) . Pál, Gábor: On Public Policy for Beginners and Advanced Ones (Gajduschek, György–Hajnal, György: Közpolitika. A gyakorlat elmélete és az elmélet gyakorlata. – The Theory of Practice and the Practice of Theory) . . . . . . . . . . . . . . . . . . . . . . . . 153
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The paper seeks an answer to the question of what kinds of governmental systems have emerged in the new Central and East European democracies as shown by the experience of the past twenty years, and how far these systems have promoted the consolidation of the democratic set of institutions and their operation. In addition to describing and comparing the different countries and subregions it is also presented along which background considerations they have chosen the presidential, the semi-presidential or the parliamentary system or a certain combination of these alternatives. Though the analysis of governmental systems requires the traditional institutional approach, the present study moves amidst a broader network. On the one hand, the so-called actor approach is applied which intends to fi nd an answer to why and by what motivations the decisive political actors of the change of system and the process of democratisation have decided for the introduction of a particular governmental system. On the other hand, we study with the help of the neo-institutionalist method of investigation what historical, cultural, political and institutional traditions and customs were behind the choice of institutions by the actors, which also offers an explanation for the survival of certain institutional continuities and continued presence even after the change of the system.
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Legal approach towards and within public administration is prevalent in Continental European countries; especially so in the Germanic administrative systems, like that of Hungary. Based on statistical and documentary analysis, the paper demonstrates the presence of the ‘Legal’ in various segments of administration: proportion of lawyers in senior civil service (57%); legal regulation on professional requirement (71% of civil service positions may be fi lled in by lawyers); academic approach to public administration (cca. 60% of papers in the leading PA journal are dominantly based on Law as a discipline); civil service training (72% of the training material being of a dominantly legal character). According to survey data civil servants devote two thirds of their working time to activities of a predominantly law-related character (such as drafting or executing laws). The fi nal section of the paper discusses policy and implementation failures of the government that presumably stem from the legalistic nature of the administration.
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The article diagnoses a low level of female political presence in Hungary both in national and local politics. This requires an explanation, particularly in face of comparative fi gures in other East-Central European countries and also due to the cemented nature of the situation. In harmony with more recent approaches of gender academic research the article seeks to identify the critical actor in this respect. It argues that it is the parties’ candidate selection strategies and their repulsive behaviour with respect to attempts to increase female political participation that are largely responsible for gender glass ceilings. These are not visible obstacles but are present nationally and locally and in the gender hierarchy in each context.
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The authors’ study examines a potential application of the realist approach – a formidable factor in foreign policy as well as in homeland security – that could be used to explain a wider range of social relations. After an introduction of the modernist discourse, the polemic counterpart of the realist interpretational frame, through a presentation of its key junctures – economic development, political institutions, and cultural value shifts – the authors outline the major cornerstones of the realist approach: anthropological pessimism, theories concerning the drive for power, and the applicability of these to social relations. The presentation of two popular realist books published in 2011, Why Nations Fail, and The Dictator’s Handbook serves, among other things, as an illustration of the above-mentioned junctures. Finally, the authors attempt to put forward the basis for a possible moderate realist approach and argue its applicability.
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The study investigates the application of events for development of tourism in Lithuania. Event-based strategy of tourism development significantly affects tourism attractiveness and competitiveness of a country, which is revealed through the example of Plunge region.
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The article addresses distinctions of integrated marketing communication (IMC) strategic and tactical dimensions, its conceptual dualism. It discusses IMC evolvement and evolution, determines the latest academic perceptions on the subject. The article highlights the integrated marketing communication shifts from tactics to strategy, overviews IMC development patterns and determines further perspectives.
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Presented paper is supposed to contribute to a discussion and arguments on two key methodological aspects of research attitudes towards globalisation. The first one consists in the reasoning and defining of globalisation as a qualitatively new phase of world economy development, fundamentally different from interna-tionalisation. Globalisation is related to a transition towards a new stage of human civilisation, the result of which is its recent process connected to a shar-pening of several contradictions, mostly in economic, social and ecological area. Based on this fact, I derive a need for the second methodological aspect which requires a constructive-critical approach to its exploring that will be able to create scientific foundation for overcoming of its contradictions.
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