Pub Date : 2019-06-01DOI: 10.24840/2182-9845_2019-0002_0001
Fernando Carbajo Cascón
{"title":"“Hacia un nuevo marco normativo de los derechos de autor y derechos conexos en el mercado único digital”","authors":"Fernando Carbajo Cascón","doi":"10.24840/2182-9845_2019-0002_0001","DOIUrl":"https://doi.org/10.24840/2182-9845_2019-0002_0001","url":null,"abstract":"","PeriodicalId":40129,"journal":{"name":"RED-Revista Electronica de Direito","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41583503","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}
Pub Date : 2019-06-01DOI: 10.24840/2182-9845_2019-0002_0006_
M. Ramos
This study evaluates whether the legal ecosystem related to the incorporation of cooperatives and IPSS, their governance models, the professionalization of their managers, and the transparency and access to funding favor or inhibit social entrepreneurship. The new rules on the incorporation of cooperatives and the provision of three models of management and supervision facilitate the development of social entrepreneurship. Investor members promote the diversification of cooperative funding sources. The Portuguese legal environment presents weaknesses in the professionalization of cooperative managers and in the transparency of IPSS. The “Portugal Inovação Social” Program, crowdfunding and social entrepreneurship funds are innovative ways of investing in social entrepreneurship. However, the regulatory framework of crowdfunding and social entrepreneurship funds suffers from some weaknesses that may inhibit the development of these instruments.
{"title":"Social entrepreneurship: legislative contributions","authors":"M. Ramos","doi":"10.24840/2182-9845_2019-0002_0006_","DOIUrl":"https://doi.org/10.24840/2182-9845_2019-0002_0006_","url":null,"abstract":"This study evaluates whether the legal ecosystem related to the incorporation of cooperatives and IPSS, their governance models, the professionalization of their managers, and the transparency and access to funding favor or inhibit social entrepreneurship. The new rules on the incorporation of cooperatives and the provision of three models of management and supervision facilitate the development of social entrepreneurship. Investor members promote the diversification of cooperative funding sources. The Portuguese legal environment presents weaknesses in the professionalization of cooperative managers and in the transparency of IPSS. The “Portugal Inovação Social” Program, crowdfunding and social entrepreneurship funds are innovative ways of investing in social entrepreneurship. However, the regulatory framework of crowdfunding and social entrepreneurship funds suffers from some weaknesses that may inhibit the development of these instruments.","PeriodicalId":40129,"journal":{"name":"RED-Revista Electronica de Direito","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46115814","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}
Pub Date : 2019-06-01DOI: 10.24840/2182-9845_2019-0002_0005
João Zenha Martins
O texto incide sobre a história e a importância da formação profissional em contexto socio político que empresta realce ao conceito de empregabilidade. Verifica-se, contudo, que o sistema global de aprendizagem profissional português é fragmentário, oferecendo folgas para uma utilização pouco criteriosa. Em razão dos baixos custos subjacentes e da suscetibilidade de satisfação de necessidades empresariais permanentes, as diferentes modalidades de contratos de estágio tendem a funcionar como uma alternativa ao sistema de contratação laboral.
{"title":"Estágios, formação profissional e trabalho: contratos e retratos","authors":"João Zenha Martins","doi":"10.24840/2182-9845_2019-0002_0005","DOIUrl":"https://doi.org/10.24840/2182-9845_2019-0002_0005","url":null,"abstract":"O texto incide sobre a história e a importância da formação profissional em contexto socio político que empresta realce ao conceito de empregabilidade. Verifica-se, contudo, que o sistema global de aprendizagem profissional português é fragmentário, oferecendo folgas para uma utilização pouco criteriosa. Em razão dos baixos custos subjacentes e da suscetibilidade de satisfação de necessidades empresariais permanentes, as diferentes modalidades de contratos de estágio tendem a funcionar como uma alternativa ao sistema de contratação laboral.","PeriodicalId":40129,"journal":{"name":"RED-Revista Electronica de Direito","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45562156","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}
Pub Date : 2019-06-01DOI: 10.24840/2182-9845_2019-0002_0003
Maria Mercedes Curto Polo
Biotechnology has become one of the most promising and important technologies for the development of innovation in agriculture. The economic importance of the invested resources justifies that innovators ask for an adequate means of protection to compensate their efforts. There are two possible ways of protection of the developments in plant innovation: A sui generis system born in the middle of last century in order to protect the results of traditional breeding processes, on the one hand; and the patentability of plant inventions which normally are the result of biotechnological processes which operate at the cellular level. The coexistence of these two systems of protection in the European Union causes some frictions which have to be solved, not only by the legislator, but also by the courts and the patent offices when they apply the law to a constantly evolving reality.
{"title":"Plant Patents in the European Union: Recent Developments","authors":"Maria Mercedes Curto Polo","doi":"10.24840/2182-9845_2019-0002_0003","DOIUrl":"https://doi.org/10.24840/2182-9845_2019-0002_0003","url":null,"abstract":"Biotechnology has become one of the most promising and important technologies for the development of innovation in agriculture. The economic importance of the invested resources justifies that innovators ask for an adequate means of protection to compensate their efforts. There are two possible ways of protection of the developments in plant innovation: A sui generis system born in the middle of last century in order to protect the results of traditional breeding processes, on the one hand; and the patentability of plant inventions which normally are the result of biotechnological processes which operate at the cellular level. The coexistence of these two systems of protection in the European Union causes some frictions which have to be solved, not only by the legislator, but also by the courts and the patent offices when they apply the law to a constantly evolving reality.","PeriodicalId":40129,"journal":{"name":"RED-Revista Electronica de Direito","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42316784","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}
Pub Date : 2019-06-01DOI: 10.24840/2182-9845_2019-0002_0004
Alberto Hidalgo Cerezo
Since the dawning days of the popularization of the internet, it has been regarded as an enemy for copyright. Cultural industries have claimed for the losses derived from rampant piracy. That is their side of the coin. In 2013, the European Commission tendered a study that run over 28.000 polls and had an extension of over 300 pages to deepen into this subject: “Estimating displacement rates of copyrighted content in the EU”. It was finally handled by 2015. However, the report never saw the light of day. Why? In July 2017, Member of the European Parliament (MEP) Julia Reda filed an application for accessing public documentation. The results of the report were surprising, stating that piracy in some cases was not hurting revenues, while in others, it was in fact enhancing the sale of copyrighted content by legal channels. Was it an unexpected result for the European Commission? Now, in 2019, with the perspective of time, it is easy to see that internet and digital distribution was not a threat, but an opportunity. Profits in all industries show wealthy increasements coming from digital sources. Steady growth figures for online markets of music, audiovisual and videogaming industry do not match the old discourse anymore. This work approaches to what this report said, why it was not made public, and how figures from 2019 prove that, perhaps, it was ahead of its time, and internet was not an enemy to fear all along.
{"title":"Copyright, internet is not the enemy. Thoughts on the “Estimating displacement rates of copyrighted content in the EU” hidden report","authors":"Alberto Hidalgo Cerezo","doi":"10.24840/2182-9845_2019-0002_0004","DOIUrl":"https://doi.org/10.24840/2182-9845_2019-0002_0004","url":null,"abstract":"Since the dawning days of the popularization of the internet, it has been regarded as an enemy for copyright. Cultural industries have claimed for the losses derived from rampant piracy. That is their side of the coin. In 2013, the European Commission tendered a study that run over 28.000 polls and had an extension of over 300 pages to deepen into this subject: “Estimating displacement rates of copyrighted content in the EU”. It was finally handled by 2015. However, the report never saw the light of day. Why? In July 2017, Member of the European Parliament (MEP) Julia Reda filed an application for accessing public documentation. The results of the report were surprising, stating that piracy in some cases was not hurting revenues, while in others, it was in fact enhancing the sale of copyrighted content by legal channels. Was it an unexpected result for the European Commission? Now, in 2019, with the perspective of time, it is easy to see that internet and digital distribution was not a threat, but an opportunity. Profits in all industries show wealthy increasements coming from digital sources. Steady growth figures for online markets of music, audiovisual and videogaming industry do not match the old discourse anymore. This work approaches to what this report said, why it was not made public, and how figures from 2019 prove that, perhaps, it was ahead of its time, and internet was not an enemy to fear all along.","PeriodicalId":40129,"journal":{"name":"RED-Revista Electronica de Direito","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48779923","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}
Pub Date : 2019-06-01DOI: 10.24840/2182-9845_2019-0002_0002
Ana Clara Azevedo de Amorim
The new Industrial Property Code transposed the Trade Secrets Directive into the national legal system, creating an autonomous legal framework regarding unfair competition. Although the scope of application has been extended, according to the removal of competitive relationship, trade secrets protection is still based on a general clause related to honest commercial practices. The value dimension of the legal framework is also reinforced by the principle of proportionality, which is expressed in particular by the introduction of a relevance clause and by in the discretion assigned to the national courts to weigh a set of interests.
{"title":"O regime jurídico dos segredos comerciais no novo Código da Propriedade Industrial","authors":"Ana Clara Azevedo de Amorim","doi":"10.24840/2182-9845_2019-0002_0002","DOIUrl":"https://doi.org/10.24840/2182-9845_2019-0002_0002","url":null,"abstract":"The new Industrial Property Code transposed the Trade Secrets Directive into the national legal system, creating an autonomous legal framework regarding unfair competition. Although the scope of application has been extended, according to the removal of competitive relationship, trade secrets protection is still based on a general clause related to honest commercial practices. The value dimension of the legal framework is also reinforced by the principle of proportionality, which is expressed in particular by the introduction of a relevance clause and by in the discretion assigned to the national courts to weigh a set of interests.","PeriodicalId":40129,"journal":{"name":"RED-Revista Electronica de Direito","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68875747","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}
Pub Date : 2019-06-01DOI: 10.24840/2182-9845_2019-0002_0008
Salomão António Muressama Viagem
The most recent Industrial Property Code of Mozambique (CPIM), approved by Decree 41/2015 of 31 December, brought, among other innovations in the field of trademarks, the consecration of the olfactory brand, one of the "new complex in terms of distinctive capacity and graphic representation, the latter being a very controversial aspect in the field of registration assumptions of the new brands. Although the problem of graphic representation has been circumvented by the European Union trademark law in accordance with its new Trademark Directive ( (EU) 15/2436 of Parliament and Council of 16 December 2015) which has removed it from the range of requirements of the trademark concept; many legal systems such as Mozambican law still maintain it. In fact, the reason for this theme is: to study the olfactory mark and its tutelage in Mozambique. The graphic representation of the new brands, and especially of the olfactory mark, is generally problematic. It seems that the new Industrial Property Code of Mozambique has been daring to consecrate this type of mark following the brand name (of the same species was provided for in the previous Code without however having known a single application for registration so far among other possible reasons, due to the difficulty of graphical representation. Will not end the olfactory mark by following the same path and be another type of trademark foreseen in CPIM without any registration? Nevertheless, with the consecration of the olfactory mark, the attention of the Mozambican legislator must be recognized and welcomed by the dynamics of the types of brands that currently have as a whole the new brands as an undeniable reality.
{"title":"A marca olfativa no novo código da propriedade industrial de Moçambique","authors":"Salomão António Muressama Viagem","doi":"10.24840/2182-9845_2019-0002_0008","DOIUrl":"https://doi.org/10.24840/2182-9845_2019-0002_0008","url":null,"abstract":"The most recent Industrial Property Code of Mozambique (CPIM), approved by Decree 41/2015 of 31 December, brought, among other innovations in the field of trademarks, the consecration of the olfactory brand, one of the \"new complex in terms of distinctive capacity and graphic representation, the latter being a very controversial aspect in the field of registration assumptions of the new brands. Although the problem of graphic representation has been circumvented by the European Union trademark law in accordance with its new Trademark Directive ( (EU) 15/2436 of Parliament and Council of 16 December 2015) which has removed it from the range of requirements of the trademark concept; many legal systems such as Mozambican law still maintain it. In fact, the reason for this theme is: to study the olfactory mark and its tutelage in Mozambique. The graphic representation of the new brands, and especially of the olfactory mark, is generally problematic. It seems that the new Industrial Property Code of Mozambique has been daring to consecrate this type of mark following the brand name (of the same species was provided for in the previous Code without however having known a single application for registration so far among other possible reasons, due to the difficulty of graphical representation. Will not end the olfactory mark by following the same path and be another type of trademark foreseen in CPIM without any registration? Nevertheless, with the consecration of the olfactory mark, the attention of the Mozambican legislator must be recognized and welcomed by the dynamics of the types of brands that currently have as a whole the new brands as an undeniable reality.","PeriodicalId":40129,"journal":{"name":"RED-Revista Electronica de Direito","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45777294","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}
Pub Date : 2019-06-01DOI: 10.24840/2182-9845_2019-0002_0009
Adrián Arrébola Blanco
Book review of CHAPARRO MATAMOROS, P.: Derecho de uso y vivienda familiar: su atribución judicial en los supuestos de crisis familiares, Tirant lo Blanch, Valencia, 2018, 519 pp. (ISBN 978-84-9190-816-8)
{"title":"Recensión a CHAPARRO MATAMOROS, P.: Derecho de uso y vivienda familiar: su atribución judicial en los supuestos de crisis familiares, Tirant lo Blanch, Valencia, 2018, 519 pp.\u0000(ISBN 978-84-9190-816-8)","authors":"Adrián Arrébola Blanco","doi":"10.24840/2182-9845_2019-0002_0009","DOIUrl":"https://doi.org/10.24840/2182-9845_2019-0002_0009","url":null,"abstract":"Book review of CHAPARRO MATAMOROS, P.: Derecho de uso y vivienda familiar: su atribución judicial en los supuestos de crisis familiares, Tirant lo Blanch, Valencia, 2018, 519 pp. (ISBN 978-84-9190-816-8)","PeriodicalId":40129,"journal":{"name":"RED-Revista Electronica de Direito","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48633678","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}
Pub Date : 2019-06-01DOI: 10.24840/2182-9845_2019-0002_0007_
M. V. Rocha
Taking the example of the Mondrian Cake, in this article we distinguish recipes from presentation of signature dishes, as well as cookbooks, menus and restaurants and aim to know what can be protected by Intellectual Property (e.g. copyright, patents, designs, trademarks, trade dress, trade secrets, general rules against unfair competition or even nondisclosure agreements and fiduciary duties). Regarding copyright, we emphasise the difference between USA and Continental Copyright approach. For situations where some kind of Intellectual Property protection is possible, we question enforcement and if all type of protection is desirable. What we conclude about food applies to beverages.
{"title":"The Mondrian Cake: may Intellectual Property protect signature food?","authors":"M. V. Rocha","doi":"10.24840/2182-9845_2019-0002_0007_","DOIUrl":"https://doi.org/10.24840/2182-9845_2019-0002_0007_","url":null,"abstract":"Taking the example of the Mondrian Cake, in this article we distinguish recipes from presentation of signature dishes, as well as cookbooks, menus and restaurants and aim to know what can be protected by Intellectual Property (e.g. copyright, patents, designs, trademarks, trade dress, trade secrets, general rules against unfair competition or even nondisclosure agreements and fiduciary duties). Regarding copyright, we emphasise the difference between USA and Continental Copyright approach. For situations where some kind of Intellectual Property protection is possible, we question enforcement and if all type of protection is desirable. What we conclude about food applies to beverages.","PeriodicalId":40129,"journal":{"name":"RED-Revista Electronica de Direito","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48426157","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}
stars a beautiful range of color, to the The ruddy Betelgeuse presents a fine contrast to Rigel, its bluish neighbor in the constellation Orion.
红色的参宿四与猎户座的蓝色邻居Rigel形成了鲜明的对比。
{"title":"RED","authors":"H. Echternacht, Amy Murray","doi":"10.2307/j.ctvd7w7s1.28","DOIUrl":"https://doi.org/10.2307/j.ctvd7w7s1.28","url":null,"abstract":"stars a beautiful range of color, to the The ruddy Betelgeuse presents a fine contrast to Rigel, its bluish neighbor in the constellation Orion.","PeriodicalId":40129,"journal":{"name":"RED-Revista Electronica de Direito","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49621209","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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