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Правото на равен достъп до стоки и услуги и  неговата защита в антидискриминационно законодателство и практика

Правото на равен достъп до стоки и услуги и неговата защита в антидискриминационно законодателство и практика

Author(s): Alexander Alexandrov / Language(s): Bulgarian Publication Year: 0

Directive 2004/113/EC regulates the right of equal access to goods and services to the representatives of both sexes. Although it regulates the issue of equal treatment only by gender, it clearly raises the problem of discrimination in the real sector in which the exchange of goods takes place. Until the adoption of this directive, the emphasis in European anti-discrimination legislation is mainly on the employment and education sectors. The Bulgarian legislator has considered the need to protect against discrimination in the supply of goods and services and has adopted the relevant legal provisions.

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Дискриминация в електронната търговия

Дискриминация в електронната търговия

Author(s): Jana Lecheva / Language(s): Bulgarian Publication Year: 0

In this report, the author examines the scope of Regulation (EU) 2018/302 of the European Parliament and of the Council of 28.02.2018 to overcome the unjustified blocking of geographical grounds and other forms of discrimination based on the nationality, place of residence or place of establishment of customers within the internal market.

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Corporate Culture: Changing Board Responsibilities 
and Changing Governance Rhetoric

Corporate Culture: Changing Board Responsibilities and Changing Governance Rhetoric

Author(s): Alice Belcher / Language(s): English Publication Year: 0

The UK’s Financial Reporting Council is telling directors that they should not wait for a crisis before they focus on company culture. The board must set culture, embed it, assess it and report on it. This paper traces the company’s formal legal liability for corporate culture as imposed in Australia and the UK and investigates the new focus on corporate culture in the wake of some notable corporate crises. It uses the Volkswagen emissions scandal as an example of cultural misalignment where the company and individual employees below board level (rather than a board collectively, or board members individually) have been the ones to be found liable despite the increase in rhetoric about the directors’ responsibility for corporate culture. This critique is put into the context of decades of Management research in the field of Corporate Culture that has produced theory, empirical results and an array of practitioner tools, but has also ignited debates so intense as to be labeled the “culture wars”. The paper points up the care that will be needed as legal liability for corporate culture increases before there is a consensus among management scholars on what it means and how it can be measured or assessed.

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ОСОБЕНОСТИ В ПРАВНИЯ РЕЖИМ НА ТЪРГОВСКАТА ПРОДАЖБА

ОСОБЕНОСТИ В ПРАВНИЯ РЕЖИМ НА ТЪРГОВСКАТА ПРОДАЖБА

Author(s): Margarita Bachvarova / Language(s): Bulgarian Publication Year: 0

The primary goal this research seeks to achieve is to organize and make analysis of the special aspects of the commercial sale as a type of commercial transaction. The distinction between the commercial sale and the ordinary sale is made based on the required elements of each transaction. The legal structure of the contract consists of separate acts, which determine precision when implementing and assessing the respective norms in practice.

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Features of Non-Executive Directors' Fiduciary Duties

Features of Non-Executive Directors' Fiduciary Duties

Author(s): Adina Ponta / Language(s): English Publication Year: 0

Among the influences of the 2007 financial crisis on corporate governance, the developing role of non-executive directors and their expanding duties require particular attention. By nature of their function, non-executive directors mitigate risks determined by information shortcomings between shareholders and managing directors, on the assumption of effective exercise of their duty of oversight. However, this subsidiary duty is not within the essence of non-executives’ role, the same perspective being reflected in statutory rules of several European countries. This paper will examine the particularities of non-executive directors' fiduciary duties, incorporated from common law doctrine, by providing a comparative overview of EU member state approaches. The paper will pursue the evolution of the non-executive function in continental law and examine recent European studies, which extend the scope of non-executive directors’ duty of care. The objective is to demonstrate that fundamental differences between national regulations are determined by different understandings of the function of non-executive directors, for example, subsets of their fiduciary duties are divided in Romanian corporate governance between different managing bodies of the company.

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Legal Significance of Commercial Books under the Bulgarian Law

Legal Significance of Commercial Books under the Bulgarian Law

Author(s): Raya Ilieva / Language(s): English Publication Year: 0

The article aims to analyse the legal importance of the commercial books a trader is required to keep in their business. At the same time, the study questions the role of these ledgers, the functions they perform, and their probative force in disputes between traders.

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The legal regime of competition in Germany

The legal regime of competition in Germany

Author(s): Ovidiu Horia Maican / Language(s): English Publication Year: 0

Antitrust law first came to Germany in 1947, while the building of an antitrust framework was constitutive of the forming of the European Coal and Steel Community (ECSC) in 1951 – the first step towards the creation of a European Community. However, during the first ten years, these two developments remained only loosely coupled. After1957, a year marked both by the passing of the first German antitrust act and the signing of the Treaty of Rome, the German and European antitrust stories became much more closely interconnected.

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Main Characteristics of the Companies in the Republic of North Macedonia

Main Characteristics of the Companies in the Republic of North Macedonia

Author(s): Adnan Jashari,Arta Selmani-Bakiu / Language(s): English Publication Year: 0

The companies in North Macedonia are organized in five different forms, such as; public limited companies, limited partnerships, limited partnerships with shares, limited liability companies and joint stock companies. All these forms have their characteristics on the basis of which they are distinguished, but they also have common characteristics. In this paper I am dealing with some of the common characteristics of companies, starting with their establishment, the founders, the founding capital, the founding act, the features with which the companies are identified in the market. Normally, separate works can be done for each of them, but with this work I am trying to give an overview of these features, without going into details on each of them. I intend to provide readers with a general overview of some of the characteristics of companies in Northern Macedonia based on the normative method.

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Legal Regime of Competition in Poland

Legal Regime of Competition in Poland

Author(s): Ovidiu Horia Maican / Language(s): English Publication Year: 0

Like the antitrust law in the United States, antimonopoly law forms one of the main elements of competition policy in post-communist countries. According with the Polish legislation, "the promotion and protection of competition in the process of transforming a centrally planned economy into a market economy requires going beyond the scheme of classical antitrust policy." These antimonopoly laws have as goal to create, develop, and protect competition during the transition from a socialist to a market-based economy. Each law sets up a competition authority entrusted with development and protection of competition and oversight and enforcement of competition law. Even some provisions reflect the influence of the laws of the United States and individual European Union member states, the dominant model upon which the competition laws of the post- communist countries are based is the European model.

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Some Particularities Concerning the Administration of the Limited Liability Company

Some Particularities Concerning the Administration of the Limited Liability Company

Author(s): Ana-Maria Lupulescu / Language(s): English Publication Year: 0

From the point of view of the organization and functioning of the limited liability company, the legislator has chosen a mixed approach, combining some rules concerning companies of persons, particularly related to the presence of the intuituu personae element, with more formal and rigid rules enacted in the matter of the company by shares. With reference to the rules regarding the administration of the limited liability company, the law expressly states the inapplicability in this matter of the legal provisions governing the administration of the company by shares. On the contrary, in order to define the legal regime applicable to the administrators of this legal form of company, in addition to some special provisions enacted in the matter of the limited liability company, which are not sufficient to fully define such a statute, the legislator chooses to send to the provisions applicable in relation to the administration of the general partnership, emphasizing once again the mixed nature of the limited liability company and the similarities that exist, in certain respects, between it and companies of persons.

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COVID-19 – The Catalyst of a Legislative Reform in the Field of Insolvency

COVID-19 – The Catalyst of a Legislative Reform in the Field of Insolvency

Author(s): Ionel Didea,Diana Maria Ilie / Language(s): English Publication Year: 0

As the cases of insolvency increase worldwide, thus the articles provided by insolvency researchers and practitioners offer new perspectives for legislative reform. Climate changes, pollution, globalization, digitalization and massive industrialization remain in the shadows of the new challenge of humanity regarding the aggressive spread of the Sars-CoV-2 virus and which painted the picture of society in gray shades, triggering a real health, economic and social crisis. In this sense, Covid-19 becomes a nucleus for a significant reform at the level of each state. The time has come for the judicial system, especially the “key” rules in supporting the economy, such as insolvency, to be upgraded. The speed with which provisional measures were introduced and additions or exceptions to the legislation were regulated in response to the crisis generated by the pandemic, shows us that the dead end in the reform of “obsolete” laws can be overcome. We are almost talking about a “coronavirus law” which could include a series of tem- porary regulations, the legislation discovering perhaps the most diverse and complex form of creation. This pandemic context has contributed not only to the diversification of meanings and to the development of the horizon of legal knowledge, but has managed to revive traditional legal institutions, law being the indispensable vector for transposing the social and economic policies of a State. Beyond these interim measures, however, we must look at the whole, as the effects of the pandemic on certain areas such as labor law, digitalization or the State economy can be long-lasting, and for decision-makers working in the field of insolvency and debt restructuring, the crisis becomes an opportunity for a significant reform. The need for judicial reorganization of business in order to stimulate the survival of viable businesses and save jobs, as a strategy of economic recovery in the coming years, will now “reveal” more than ever the regulations that need insolvency reform and will be born in our culture acceptance of the harmonization of domestic legislation with Union and international standards on best practices in the field. For the moment, we could say that we are facing a “false comfort” of the measures extended by the temporary insolvency legislation, and a much deeper structural reform is certainly needed. Moreover, many of the support measures have expired or are due to an end, which is why a “dilution” of these temporary measures or the reactivation of expired ones could make the difference between survival and collapse, especially for small, with limited cash reserves and narrow margins.

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Considerations on the Admissibility of the Creditor’s Claim in the Insolvency Procedure

Considerations on the Admissibility of the Creditor’s Claim in the Insolvency Procedure

Author(s): Cristina Cojocaru / Language(s): English Publication Year: 0

According to the law, the holder of claims born prior to the opening of the insolvency proceedings, who does not submit the application for admission of the claims until the expiry of the period laid down by the law, will be deprived, as regards of those claims from the right to be in the debts' list and will not acquire the status of creditor entitled to participate in the proceedings. Thus, a claim prior to the opening of insolvency proceedings cannot be valued by means of an action brought after the closure of the insolvency proceedings, since its recovery could only be made in the context of the procedure provided for by the special law. This article aims to highlight the most important aspects on this subject, without claiming of having exhaustively treating the subject.

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Политическите послания в турските сериали по българските телевизии и "Нетфликс"

Политическите послания в турските сериали по българските телевизии и "Нетфликс"

Author(s): Zhana Popova / Language(s): Bulgarian Issue: 10/2021

The text presents the main conclusions based on the study of the political messages in the Turkish series broadcasted on Bulgarian television and on Netflix. The main political messages in the series, showed on Bulgarian television, are the responsibility for decisions, connect with the life of a woman and a child. Among the important political topics are: migration, education abroad and returning home, conflicts between rich and poor.

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IMPROVING WOMEN’S EMPOWERMENT THROUGH EVOLUTION IN KENYA: THE CASE OF NAIROBI AND KAKAMEGA COUNTIES

IMPROVING WOMEN’S EMPOWERMENT THROUGH EVOLUTION IN KENYA: THE CASE OF NAIROBI AND KAKAMEGA COUNTIES

Author(s): Sylvester Ngome Chisika,Chunho Yeom / Language(s): English Issue: 1/2023

This study aimed to investigate the progress of women's empowerment through employment opportunities in Nairobi and Kakamega Counties in Kenya between 2013 and 2017. Despite the increasing policies that aim to mainstream social equity and equality, there is still a significant gap between policy commitments and practices. The study evaluated whether the implementation of devolved governance in the two counties has improved women's empowerment. The study's framework included an in-depth review of policy documents, official records, and reports from official websites to understand women's economic empowerment status in Nairobi and Kakamega. The study analyzed qualitative and quantitative data from County Integrated Development Plans and other secondary sources. Specifically, it examined compliance with the 30% gender rule, requiring women to hold at least 30% of all elective and appointive positions. The study found that Nairobi commands the largest share of formal sector wage employment in Kenya, and women's access to employment opportunities remains slightly lower than men in both counties. Despite implementing the 30% gender rule, the study revealed the need for more comprehensive policies that promote gender equality and women's economic empowerment in both Nairobi and Kakamega.

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OPEN BALKAN INITIATIVE: A CONTESTED ISSUE IN THE EU MEMBERSHIP PERSPECTIVE

OPEN BALKAN INITIATIVE: A CONTESTED ISSUE IN THE EU MEMBERSHIP PERSPECTIVE

Author(s): Elton Tota,Gjon Culaj / Language(s): English Issue: 1/2023

The Open Balkan is the latest regional initiative in the Western Balkans (WB), firstly named as Mini-Schengen and then changed to Open Balkan Initiative (OBI), which aims to increase the regional economic cooperation among the WBs by going beyond the mere objective of creating a Common Regional Market (CRM). This paper using an analytical approach, taking into account data and information, has identified and highlighted the openly declared objectives of the OBI while comparing it with the previous Berlin Process. Also, the paper has shown that the disputes among the WB countries most inherited from the unresolved issues of the past are still present and hinder the progress towards a common future and EU membership perspective. The reactions to the OBI proved that even the creation of mere economic cooperation is hardly achieved in the case of other existing unresolved issues of the past and continues to remain open. This paper has highlighted the existence of mistrust among the WBs, the importance of increasing regional cooperation, and the role that the EU should inevitably play. The paper has concluded that to achieve the targets defined in the OBI, the WBs should enhance regional cooperation and overcome the challenges they have been facing.

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RULES-BASED INTERNATIONAL ORDER AND US INDO-PACIFIC STRATEGY: WHAT DOES IT MEAN FOR CHINA’S BRI?

RULES-BASED INTERNATIONAL ORDER AND US INDO-PACIFIC STRATEGY: WHAT DOES IT MEAN FOR CHINA’S BRI?

Author(s): M Jashim Uddin,Raymond Kwun-Sun Lau / Language(s): English Issue: 1/2023

The third decade of the 21st century has witnessed more tensions, instabilities, and new alliances in the Indo-Pacific/Asia-Pacific region due to intensifying rivalry and strategic competition between the US Indo-Pacific Strategy (IPS) and China’s Belt and Road Initiative (BRI), two grand strategies of the US and China respectively. This article aims to assess the Rules-Based International Order (RBIO) and comprehend Biden’s IPS, particularly exploring how the Indo-Pacific Economic Framework (IPEF) may impact China’s BRI. This paper argues that RBIO is debatable and not universal. It is also argued that while the IPEF unveiled by President Biden represents a strategically important step forward, a long-term US genuine commitment to its implementation to counter China’s BRI is essential. The methodology of this research is primarily based on secondary literature and official documents. This study concludes that although China is reluctant to pay too much attention to the US IPEF in its official statements, China is concerned about this economic initiative. The paper also concludes that because of the intense US-China rivalry, new alliances will emerge in the region leading to a new cold war or new world order.

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LEGAL REGIME OF PROPERTY OF LAND IN ROMAN PROVINCES

LEGAL REGIME OF PROPERTY OF LAND IN ROMAN PROVINCES

Author(s): Stoyan P. Ivanov / Language(s): English Issue: 2/2022

The paper considers the specific problem of the land property outside Italy in the Roman provinces during the period of the late Roman Republic and the early Principate. The author studies how the Roman government faced the new problems that the conquest created and what Rome actually did when first met the Hellenistic concepts of the land property in the conquered territories and how they were applied or modified according to the traditional Roman law principles and regulations. It is emphasized that the need to organize the territory and to define the property of the people who lived on that territory or the rights which they had to the land for a very first time occurred in Sicily which the Romans organized as the first Roman provincia. The article examines the organization of Sicily according to Lex Hieronica, it considers the exemptions and immunities of some cities from the general legal regime of the province, and studies the collection of public revenues and the payments for the taxes for the exploitation of the land – vectigal et vectigalia publica. Key notions and terms like possessio, dominium, mancipatio, vectigal, vectigalia, tributum, stipendium are cleared and special attention is paid to the correct use of the Latin legal terminology. Some of the most important fragments from the Institutes of Gaius about the provincial property are examined and is made a carefully study of his language and the legal aspects of his consideration of the rights that the individuals had over the provincial lands. The research presents in details the organization of other provinces in the late Roman Republic and the early Principate and deals with the richest Roman province – Asia, which brings huge revenues to the Roman budget. Central part of the study is dedicated to the legal regime of the provincial land and the author considers the main opinions on this topic in the recent Roman legal doctrine and translates and analyzes the relevant classical Latin texts in the sources and provides an important bibliography on the problem, he tries also to define the Roman concept for „provincial property“ which for sure was not identical with the dominium ex iure Quiritium in Italy.

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THE IMPACT OF THE RUSSIAN-UKRAINIAN CONFLICT ON ARMENIA’S FOREIGN TRADE: A QUANTITATIVE ANALYSIS

THE IMPACT OF THE RUSSIAN-UKRAINIAN CONFLICT ON ARMENIA’S FOREIGN TRADE: A QUANTITATIVE ANALYSIS

Author(s): Diana Galoyan,Diana Matevosyan / Language(s): English Issue: 2/2023

This article aimed to provide a quantitative assessment of the impact of the Russian-Ukrainian conflict on Armenia’s foreign trade. The research problem was to analyze how the conflict influenced Armenia’s export and import patterns regarding geographical directions and product structure. The objectives were to examine the changes in trade turnover and identify shifts in geographical trade directions and trade structure. The study employed various statistical analysis tools, including dynamic series indicators, structural analysis, time series modeling, trend and moving average approximation, and extrapolation. Through these methods, the study evaluated the effects of the conflict on Armenia’s foreign trade. The key results indicated a positive impact of the conflict on trade turnover, with increased trade activity in various geographical directions. Export diversification was also observed as a result of the conflict. Notably, re-export played a significant role in the unprecedented growth of Armenia’s trade turnover during this period. In conclusion, the findings suggest that the Russian-Ukrainian conflict had a discernible influence on Armenia’s foreign trade, leading to changes in trade patterns and increased trade activity. The study highlights the importance of the re-exports role in analyzing trade dynamics.

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Интелектуалната собственост в издателския бизнес
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Интелектуалната собственост в издателския бизнес

Author(s): Maria Markova / Language(s): Bulgarian

The subject of consideration in the book “Intellectual property in the publishing business” is a disclosure of the publishing business as a creative industry and the publishing products like books, magazines and others as intellectual property objects. The consideration of these topics in the context of the interrelationship "publishing business - intellectual property" is based on a complex, historical and systematic approach, emphasizing the significant and useful concepts, interrelationships and decisions in the economic and legal aspects of international and Bulgarian business, author’s experience and up-to-date solutions.The modern publishing business, characterized by dynamism and digital nature, the modern printed book market, characterized by a variety of forms and saturation, the modern consumer, characterized by awareness and digit culture, function in a new business environment and with new requirements for the publishing business. The participants in the publishing business, the life cycle of the publishing business as a process and as products are changing. The publishing business is being modified, shortened, information about prices, quality and manufacturers is available through multiple communication channels. The publishing business is a creative industry, regardless of the participation of a number of technical and executive processes and personnel. It creates a result - a printed work, which is subject to the intellectual property rights that provides protection for creative products. The publishing business is a creative industry with participants, markets and users, classic and modern forms of realization; The publishing sector is one of the largest cultural industries in Europe, with a total market value estimated at €36-38 billion. The entire value chain (including authors, booksellers, printers, designers, etc.) is estimated to employ more than half a million people according to the 2018 European Federation of publishers report. With more than 500,000 titles published annually, the European book sector is extremely rich and diverse. The products of the publishing business are many and varied, each of them is a complex intellectual product with identifiable intellectual property in it. The products of the publishing business are artistic property as objects of protection according to the copyrights law with exclusieve rights of authors or other copyright holders with economic realization of their rights. The products of the publishing business in their individual elements may be object of protection as an industrial design, as trade mark or other objects of intellectual property. In parallel, other objects of intellectual property are also present in the publishing business: industrial design, trademark, know-how. The forms of economic realization of the products of the publishing business are many and different: through a publishing contract, licenses, sponsorship, patronage, advertising. Special attention is paid to the forms of academic, free and legal use of the products of the publishing business. Special attention also is paid on the following aspacts in the publishibg business: Copyright and related right holders in the publishing business, authors and co-authors, compilers and publishers, economic relations between creators, publishers, editors and employers; the publisher as a participant in the process of creation and realization of printed works, economic realization of publishing products as an intellectual product, publishing contract; free and legal use of the products of the publishing business, nature and characteristics compensation, nature and characteristics of contracts for the creation, prining and use of publishing products, free licenses and academic use - nature, terms and rights; international conventions, Directives and other regulations in the field of publishing business as main principles, content and scope of protection; piracy and plagiarism in the publishing business as an essence and factors, forms in the Internet and other market segments, countering piracy and plagiarism in the publishing business. The book is intended for academics – lecturers, researchers and students, for professionals in the field of intellectual property and publishing business - experts, consultants, enterpreneurs and for everyone interested in this issue.The subject of consideration in the book “Intellectual property in the publishing business” is a disclosure of the publishing business as a creative industry and the publishing products like books, magazines and others as intellectual property objects. The consideration of these topics in the context of the interrelationship "publishing business - intellectual property" is based on a complex, historical and systematic approach, emphasizing the significant and useful concepts, interrelationships and decisions in the economic and legal aspects of international and Bulgarian business, author’s experience and up-to-date solutions. The modern publishing business, characterized by dynamism and digital nature, the modern printed book market, characterized by a variety of forms and saturation, the modern consumer, characterized by awareness and digit culture, function in a new business environment and with new requirements for the publishing business. The participants in the publishing business, the life cycle of the publishing business as a process and as products are changing. The publishing business is being modified, shortened, information about prices, quality and manufacturers is available through multiple communication channels. The publishing business is a creative industry, regardless of the participation of a number of technical and executive processes and personnel. It creates a result - a printed work, which is subject to the intellectual property rights that provides protection for creative products. The publishing business is a creative industry with participants, markets and users, classic and modern forms of realization; The publishing sector is one of the largest cultural industries in Europe, with a total market value estimated at €36-38 billion. The entire value chain (including authors, booksellers, printers, designers, etc.) is estimated to employ more than half a million people according to the 2018 European Federation of publishers report. With more than 500,000 titles published annually, the European book sector is extremely rich and diverse. The products of the publishing business are many and varied, each of them is a complex intellectual product with identifiable intellectual property in it. The products of the publishing business are artistic property as objects of protection according to the copyrights law with exclusieve rights of authors or other copyright holders with economic realization of their rights. The products of the publishing business in their individual elements may be object of protection as an industrial design, as trade mark or other objects of intellectual property. In parallel, other objects of intellectual property are also present in the publishing business: industrial design, trademark, know-how. The forms of economic realization of the products of the publishing business are many and different: through a publishing contract, licenses, sponsorship, patronage, advertising. Special attention is paid to the forms of academic, free and legal use of the products of the publishing business. Special attention also is paid on the following aspacts in the publishibg business: copyright and related right holders in the publishing business, authors and co-authors, compilers and publishers, economic relations between creators, publishers, editors and employers; the publisher as a participant in the process of creation and realization of printed works, economic realization of publishing products as an intellectual product, publishing contract; free and legal use of the products of the publishing business, nature and characteristics compensation, nature and characteristics of contracts for the creation, prining and use of publishing products, free licenses and academic use - nature, terms and rights; international conventions, Directives and other regulations in the field of publishing business as main principles, content and scope of protection; piracy and plagiarism in the publishing business as an essence and factors, forms in the Internet and other market segments, countering piracy and plagiarism in the publishing business. The book is intended for academics – lecturers, researchers and students, for professionals in the field of intellectual property and publishing business - experts, consultants, enterpreneurs and for everyone interested in this issue.

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Международната научна конференция „Поп-култура, поп-политика: дигиталният обрат“, посветена на проф. Ивайло Дичев

Международната научна конференция „Поп-култура, поп-политика: дигиталният обрат“, посветена на проф. Ивайло Дичев

Author(s): Niya Neykova / Language(s): Bulgarian Issue: 16/2024

44 scientists participated in the International Scientific Conference dedicated to Prof. Ivaylo Dichev, on the topic: Pop-culture, Pop-politics: The Digital Turn. Interdisciplinary Analyses Of The Intersectionality Between Media, Cultures And Politics. The conference concludes the research project "Pop-culture, pop-politics: The digital turn. Interdisciplinary analyses of the intersection between media, cultures and politics" of the Sofia University. The conference was implemented with the help of the Cultural Studies Network, the journal "Seminar_BG", the Department of "Radio and Television" of the Faculty of Journalism and Mass Communication, and the Department of "History and Theory of Culture" at the Faculty of Philosophy, together with scientists from the Institute of Philosophy and Sociology of the Bulgarian Academy of Sciences.

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