The Indonesian Competition Supervisory Commission (ICSC) has the authority to investigate, prosecute, adjudicate, decide, and impose sanctions on business actors for violating Indonesian competition law. It also has the authority to establish procedural laws for the competition law enforcement procedures within its institution. This single role raises various issues in the current context, including the right to a fair trial and checks and balances. This article seeks to define the position of human rights, particularly the right to a fair trial, in competition law enforcement procedures. The result is that competition law enforcement procedures are subordinate to human rights, so they must be exercised in compliance with human rights standards, particularly the right to a fair trial. Based on the experience in Indonesia, this study finds that the ICSC’s single role is incompatible with human rights commitments in fair competition law enforcement procedures. As an alternative solution, this article encourages a modification and adjustment based on human rights commitments and checks and balances mechanism by limiting one of the ICSC’s authorities and broadening the interference of the Supreme Court in enforcing Indonesian competition law at the ICSC level.
{"title":"The Human Right to a Fair Trial in Competition Law Enforcement Procedures: A Rising Issue in Indonesian Experiences","authors":"S. Anisah, Sahid Hadi","doi":"10.3390/laws12030055","DOIUrl":"https://doi.org/10.3390/laws12030055","url":null,"abstract":"The Indonesian Competition Supervisory Commission (ICSC) has the authority to investigate, prosecute, adjudicate, decide, and impose sanctions on business actors for violating Indonesian competition law. It also has the authority to establish procedural laws for the competition law enforcement procedures within its institution. This single role raises various issues in the current context, including the right to a fair trial and checks and balances. This article seeks to define the position of human rights, particularly the right to a fair trial, in competition law enforcement procedures. The result is that competition law enforcement procedures are subordinate to human rights, so they must be exercised in compliance with human rights standards, particularly the right to a fair trial. Based on the experience in Indonesia, this study finds that the ICSC’s single role is incompatible with human rights commitments in fair competition law enforcement procedures. As an alternative solution, this article encourages a modification and adjustment based on human rights commitments and checks and balances mechanism by limiting one of the ICSC’s authorities and broadening the interference of the Supreme Court in enforcing Indonesian competition law at the ICSC level.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41783795","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article will focus on judicial interviews of children, in chambers, including in Hague Abduction Convention cases; the potential promise and pitfalls of conducting such interviews; and how the U.S. experience provides an excellent template for future discussions and work on creating a soft law instrument on this important information-gathering tool.
{"title":"The U.S. Experience in Drafting Guidelines for Judicial Interviews of Children and Its Translation to Hague Abduction Convention Return Proceedings Globally","authors":"Melissa A. Kucinski","doi":"10.3390/laws12030054","DOIUrl":"https://doi.org/10.3390/laws12030054","url":null,"abstract":"This article will focus on judicial interviews of children, in chambers, including in Hague Abduction Convention cases; the potential promise and pitfalls of conducting such interviews; and how the U.S. experience provides an excellent template for future discussions and work on creating a soft law instrument on this important information-gathering tool.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45018970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
It has been more than ten years since the nationwide sentencing standardization reform was implemented in China to solve the widespread problem of uneven sentencing in criminal justice. A statistical analysis of 1595 written judgments of illegal possession of drugs showed that the reform of sentencing for the standardization amount-based crimes has achieved remarkable results, and judges’ discretion has been highly normative and consistent. Under the same criminal circumstances, the degree of consistency between the amount involved in the crime and imprisonment has significantly increased, which is more in line with the standards of formal justice. However, the effect of the sentencing standardization reform declined as the amount involved in the crime increased. This exposes the shortcomings of the standardized sentencing model when considering multiple crimes; these include confusion between the amount and circumstances of a crime, the imbalance between crime and punishment, and the application of discretionary circumstances in sentencing depending on the amount involved in the crime. Therefore, it is necessary to attach more importance to the evaluation of the legitimacy of the sentencing range established by criminal law in subsequent sentencing reforms and to further refine and perfect the standardized sentencing mode, with a shift from formal justice to justice in form and substance.
{"title":"Milestones and Current Dilemmas: Evaluation of Sentencing Standardization for Illegal Possession of Drugs in China","authors":"Jia Wu, Yang Xia, Apei Song","doi":"10.3390/laws12030053","DOIUrl":"https://doi.org/10.3390/laws12030053","url":null,"abstract":"It has been more than ten years since the nationwide sentencing standardization reform was implemented in China to solve the widespread problem of uneven sentencing in criminal justice. A statistical analysis of 1595 written judgments of illegal possession of drugs showed that the reform of sentencing for the standardization amount-based crimes has achieved remarkable results, and judges’ discretion has been highly normative and consistent. Under the same criminal circumstances, the degree of consistency between the amount involved in the crime and imprisonment has significantly increased, which is more in line with the standards of formal justice. However, the effect of the sentencing standardization reform declined as the amount involved in the crime increased. This exposes the shortcomings of the standardized sentencing model when considering multiple crimes; these include confusion between the amount and circumstances of a crime, the imbalance between crime and punishment, and the application of discretionary circumstances in sentencing depending on the amount involved in the crime. Therefore, it is necessary to attach more importance to the evaluation of the legitimacy of the sentencing range established by criminal law in subsequent sentencing reforms and to further refine and perfect the standardized sentencing mode, with a shift from formal justice to justice in form and substance.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43348069","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In 2015, 20 experts from academia, industry, and non-governmental organisations on 5 continents agreed to a set of seven international principles for ethical decision making (“the principles”) in managing human–wildlife conflict. The principles have since been recognised in wildlife management policy and standards in parts of British Columbia, Canada. In 2022, the principles were introduced to the Scottish Parliament by means of a formal Motion lodged by Colin Smyth MSP. Smyth expressed the view that opportunities existed to integrate the principles into the Scottish Government’s strategic approach to wildlife management and its species licensing review. The (now former) Minister for Environment, Biodiversity and Land Reform at the Scottish Government, Mairi McAllan, stated in the Motion debate that followed that she was committed to working to understand how the principles could sit alongside the Scottish Government’s ambitious programme to protect animals and wildlife. The Hunting with Dogs (Scotland) Bill was introduced to the Scottish Parliament prior (February 2022) to the Motion debate but passed on 24 January 2023, following various debate and amendment stages. It offered parliamentarians the first opportunity to align wildlife-specific legislation with the principles. The Bill received Royal Assent on 7 March 2023 and is now the Hunting with Dogs (Scotland) Act 2023 (“The Act”). A review of The Bill (and subsequent Act) can assist in identifying where it could have aligned more closely with the principles to assist decision makers in understanding how to usefully incorporate the principles into future wildlife legislation and policy.
{"title":"From Canada to Scotland: The Incorporation of Ethical Wildlife Control Principles: A Review","authors":"Hannah Louise Moneagle","doi":"10.3390/laws12030052","DOIUrl":"https://doi.org/10.3390/laws12030052","url":null,"abstract":"In 2015, 20 experts from academia, industry, and non-governmental organisations on 5 continents agreed to a set of seven international principles for ethical decision making (“the principles”) in managing human–wildlife conflict. The principles have since been recognised in wildlife management policy and standards in parts of British Columbia, Canada. In 2022, the principles were introduced to the Scottish Parliament by means of a formal Motion lodged by Colin Smyth MSP. Smyth expressed the view that opportunities existed to integrate the principles into the Scottish Government’s strategic approach to wildlife management and its species licensing review. The (now former) Minister for Environment, Biodiversity and Land Reform at the Scottish Government, Mairi McAllan, stated in the Motion debate that followed that she was committed to working to understand how the principles could sit alongside the Scottish Government’s ambitious programme to protect animals and wildlife. The Hunting with Dogs (Scotland) Bill was introduced to the Scottish Parliament prior (February 2022) to the Motion debate but passed on 24 January 2023, following various debate and amendment stages. It offered parliamentarians the first opportunity to align wildlife-specific legislation with the principles. The Bill received Royal Assent on 7 March 2023 and is now the Hunting with Dogs (Scotland) Act 2023 (“The Act”). A review of The Bill (and subsequent Act) can assist in identifying where it could have aligned more closely with the principles to assist decision makers in understanding how to usefully incorporate the principles into future wildlife legislation and policy.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48876364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
By adopting the Convention on the Rights of Persons with Disabilities (the CRPD) in New York, the United Nations heralded a new epoch on how disability-related matters ought to be comprehended and addressed across the globe. The aim of this article is to argue the role and substance of the CRPD, under which each State Party has a responsibility and duty to protect, promote and implement access to justice for all persons with disabilities on equal bases with others. Systemic and structural barriers to access to justice that are faced by persons with psychosocial or intellectual disabilities are highlighted, and the determinants of them are identified including boundaries of the principle of formal equality. The human-rights-based response within the framework of obligations of the States Parties of the CRPD to ensure access to justice for persons with psychosocial or intellectual disabilities is argued, with specific consideration of the principle of transformative equality. The analysis is based on the CRPD Committee’s jurisprudence, including Concluding observations for the States Parties, General Comments, statements and guidelines.
{"title":"Transformative Justice for Elimination of Barriers to Access to Justice for Persons with Psychosocial or Intellectual Disabilities","authors":"Jonas Ruškus","doi":"10.3390/laws12030051","DOIUrl":"https://doi.org/10.3390/laws12030051","url":null,"abstract":"By adopting the Convention on the Rights of Persons with Disabilities (the CRPD) in New York, the United Nations heralded a new epoch on how disability-related matters ought to be comprehended and addressed across the globe. The aim of this article is to argue the role and substance of the CRPD, under which each State Party has a responsibility and duty to protect, promote and implement access to justice for all persons with disabilities on equal bases with others. Systemic and structural barriers to access to justice that are faced by persons with psychosocial or intellectual disabilities are highlighted, and the determinants of them are identified including boundaries of the principle of formal equality. The human-rights-based response within the framework of obligations of the States Parties of the CRPD to ensure access to justice for persons with psychosocial or intellectual disabilities is argued, with specific consideration of the principle of transformative equality. The analysis is based on the CRPD Committee’s jurisprudence, including Concluding observations for the States Parties, General Comments, statements and guidelines.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43818557","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Since the UN Convention on the Rights of Persons with Disabilities (CRPD) was created, segregation of persons with disabilities is no longer allowed. Separate schools, sheltered workshops, and isolated social care homes impede inclusion and must be banned. Sport is a remarkable exception to this general principle. The CRPD explicitly states that persons with disabilities should have the opportunity to organize, develop, and participate in disability-specific sporting activities. This contribution—focusing on the Paralympics and Special Olympics—examines why the CRPD allows and encourages disability-specific sporting competitions, despite (or perhaps due to) its radical choice for inclusion. Beyond that, this contribution asks the obvious follow-up question: if disability-specific competitions are allowed, how can the criteria for participation be determined in a manner consistent with the CRPD? The CRPD opposes a medical approach to disability, yet that approach is often used in selection criteria. Although this contribution primarily focuses on sports, the impact is wider: it raises questions on inclusion and how to assess disability.
{"title":"Disability-Specific Sporting Competitions and the UN CRPD: Segregation as Inclusion?","authors":"Rinke Beekman, Frea De Keyzer, T. Opgenhaffen","doi":"10.3390/laws12030050","DOIUrl":"https://doi.org/10.3390/laws12030050","url":null,"abstract":"Since the UN Convention on the Rights of Persons with Disabilities (CRPD) was created, segregation of persons with disabilities is no longer allowed. Separate schools, sheltered workshops, and isolated social care homes impede inclusion and must be banned. Sport is a remarkable exception to this general principle. The CRPD explicitly states that persons with disabilities should have the opportunity to organize, develop, and participate in disability-specific sporting activities. This contribution—focusing on the Paralympics and Special Olympics—examines why the CRPD allows and encourages disability-specific sporting competitions, despite (or perhaps due to) its radical choice for inclusion. Beyond that, this contribution asks the obvious follow-up question: if disability-specific competitions are allowed, how can the criteria for participation be determined in a manner consistent with the CRPD? The CRPD opposes a medical approach to disability, yet that approach is often used in selection criteria. Although this contribution primarily focuses on sports, the impact is wider: it raises questions on inclusion and how to assess disability.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41884184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Laws and policies in different jurisdictions provide a range of mechanisms that allow children involved in child protection processes and care proceedings to express their views when decisions that affect them are being made. Whether these mechanisms facilitate children’s involvement and whether they result in children’s views being heard and “given due weight in accordance with the age and maturity of the child”, as required by article 12 of the UN Convention on the Rights of the Child, is the focus of this article. The law, policy and practice in New South Wales, Australia, are used to provide a contextual illustration of the wider theoretical and practical issues, drawing on international comparisons and research. It is clear there is still some way to go to satisfy the requirements of article 12 in Australia and other jurisdictions. These mechanisms often do not provide the information children need to understand the process, nor do they consistently encourage meaningful participation through trusted advocates who can accurately convey children’s views to those making the decisions. It is generally unclear how children’s views are heard, interpreted, and weighted in decision-making processes. The research findings from a number of countries, however, are clear and consistent that children often feel ‘unheard’ and that they have had few opportunities to say what is important to them. A number of conclusions and practice suggestions are outlined for how the law could better accommodate children’s views.
{"title":"Children’s Participation in Care and Protection Decision-Making Matters","authors":"J. Cashmore, P. Kong, M. Mclaine","doi":"10.3390/laws12030049","DOIUrl":"https://doi.org/10.3390/laws12030049","url":null,"abstract":"Laws and policies in different jurisdictions provide a range of mechanisms that allow children involved in child protection processes and care proceedings to express their views when decisions that affect them are being made. Whether these mechanisms facilitate children’s involvement and whether they result in children’s views being heard and “given due weight in accordance with the age and maturity of the child”, as required by article 12 of the UN Convention on the Rights of the Child, is the focus of this article. The law, policy and practice in New South Wales, Australia, are used to provide a contextual illustration of the wider theoretical and practical issues, drawing on international comparisons and research. It is clear there is still some way to go to satisfy the requirements of article 12 in Australia and other jurisdictions. These mechanisms often do not provide the information children need to understand the process, nor do they consistently encourage meaningful participation through trusted advocates who can accurately convey children’s views to those making the decisions. It is generally unclear how children’s views are heard, interpreted, and weighted in decision-making processes. The research findings from a number of countries, however, are clear and consistent that children often feel ‘unheard’ and that they have had few opportunities to say what is important to them. A number of conclusions and practice suggestions are outlined for how the law could better accommodate children’s views.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46846418","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Competent management of the production and consumption of waste is the foundation for ensuring a favorable environment in cities and comfortable living conditions for the population. Laws and regulations play a key role in this process since they determine measures aimed at creating conditions for safe waste management, an effective management system in the field of environmental protection from waste pollution. In the cities of many developing countries, including Russia, despite the efforts being made, there is an increase in the volume of municipal solid waste. Solving the problems of waste management has been set as a national task. The article analyzes the current condition of solid waste management systems in developed and developing countries and identifies the features and prospects of waste management, including the one in Russia. It is established that the existing set of organizational, sanitary, and legal measures, and legal regulation of relations and law enforcement practices in the field of solid municipal waste management in many developing countries is still in the forming stage. The positive experiences of countries in implementing sustainable systems of safe waste management and the positions of judicial bodies on controversial issues of waste management in cities can be used as the basis for an environmental policy of safe waste management at all levels of public authority, as well as improving legislation in the field of waste management.
{"title":"Municipal and Industrial Urban Waste: Legal Aspects of Safe Management","authors":"S. Ivanova, N. Lisina","doi":"10.3390/laws12030048","DOIUrl":"https://doi.org/10.3390/laws12030048","url":null,"abstract":"Competent management of the production and consumption of waste is the foundation for ensuring a favorable environment in cities and comfortable living conditions for the population. Laws and regulations play a key role in this process since they determine measures aimed at creating conditions for safe waste management, an effective management system in the field of environmental protection from waste pollution. In the cities of many developing countries, including Russia, despite the efforts being made, there is an increase in the volume of municipal solid waste. Solving the problems of waste management has been set as a national task. The article analyzes the current condition of solid waste management systems in developed and developing countries and identifies the features and prospects of waste management, including the one in Russia. It is established that the existing set of organizational, sanitary, and legal measures, and legal regulation of relations and law enforcement practices in the field of solid municipal waste management in many developing countries is still in the forming stage. The positive experiences of countries in implementing sustainable systems of safe waste management and the positions of judicial bodies on controversial issues of waste management in cities can be used as the basis for an environmental policy of safe waste management at all levels of public authority, as well as improving legislation in the field of waste management.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47709307","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pharmaceutical companies, like many other types of companies, are incentivized to create, manufacture, and distribute new products, in part due to the legal protections of patent law. However, the tension between patent rights and the public good has been heightened as pharma companies developed new vaccines to combat the COVID-19 pandemic. Wealthy governments paid well for vaccines and received ample supplies, while low- and middle-income countries struggled to obtain access to any vaccines. Some countries called for pharmaceutical companies to waive their patent protections for vaccines in order to facilitate the worldwide manufacture and distribution of COVID-19 vaccines. This paper will examine the rationale of patent protection and patent waiver issues, then compare these concepts with ethical constructs and a Jewish perspective.
{"title":"Should Pharma Companies Waive Their COVID-19 Vaccine Patents? A Legal and Ethical Appraisal","authors":"T. Cowart, Tsuriel Rashi, G. L. Bock","doi":"10.3390/laws12030047","DOIUrl":"https://doi.org/10.3390/laws12030047","url":null,"abstract":"Pharmaceutical companies, like many other types of companies, are incentivized to create, manufacture, and distribute new products, in part due to the legal protections of patent law. However, the tension between patent rights and the public good has been heightened as pharma companies developed new vaccines to combat the COVID-19 pandemic. Wealthy governments paid well for vaccines and received ample supplies, while low- and middle-income countries struggled to obtain access to any vaccines. Some countries called for pharmaceutical companies to waive their patent protections for vaccines in order to facilitate the worldwide manufacture and distribution of COVID-19 vaccines. This paper will examine the rationale of patent protection and patent waiver issues, then compare these concepts with ethical constructs and a Jewish perspective.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48059780","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The purpose of this study is to explore the interaction between copyright, branding, marketing, and heritage protection with regard to a fashion brand. The authors use analytical-critical and legal-dogmatic methods, supplemented with desk research, a case study approach, and a review of the marketing literature. This paper argues that the top-tier fashion brands use the concept of artification in order to build their brands, mesmerize clientele, and increase revenues. Although design and reference to the arts play a major role in the luxurious and premium end of the fashion business, this analysis proves that the top players do not necessarily observe the appropriate laws in these areas. The reader will see examples of the flouting of basic legal constraints by big players, e.g., copyrights or property rights, including the monetisation of the creativity of others with the expectation of no legal challenge. Offenders capitalise on the likelihood that a legal suit is too demanding for smaller players, such as foundations or museums.
{"title":"From Fashion Brand to Artwork: Divergent Thinking, Copyright Law, and Branding","authors":"Marlena Jankowska, Berenika Sorokowska","doi":"10.3390/laws12030046","DOIUrl":"https://doi.org/10.3390/laws12030046","url":null,"abstract":"The purpose of this study is to explore the interaction between copyright, branding, marketing, and heritage protection with regard to a fashion brand. The authors use analytical-critical and legal-dogmatic methods, supplemented with desk research, a case study approach, and a review of the marketing literature. This paper argues that the top-tier fashion brands use the concept of artification in order to build their brands, mesmerize clientele, and increase revenues. Although design and reference to the arts play a major role in the luxurious and premium end of the fashion business, this analysis proves that the top players do not necessarily observe the appropriate laws in these areas. The reader will see examples of the flouting of basic legal constraints by big players, e.g., copyrights or property rights, including the monetisation of the creativity of others with the expectation of no legal challenge. Offenders capitalise on the likelihood that a legal suit is too demanding for smaller players, such as foundations or museums.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47234862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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