Freedom of expression represents an important aspect of liberty that has had a profound influence on the development of human society. Also, the protection of this freedom been explicitly stated in numerous national and international legal acts. This paper presents an analysis of the way in which the right to freedom of expression of a particular group of persons (i.e. lawyers) is protected through the practice of the European Court of Human Rights. The author's view is that lawyers have to enjoy a higher degree of protection of the right to freedom of expression than other persons because of the importance of their role in society. Consequently, the limitations of this freedom should be restricted. Furthermore, the manner in which freedom of expression is protected by the European Convention on Human Rights and the practice of the European Court of Human Rights is analysed. Finally, a special emphasis is placed on the possibility of limiting this freedom through an analysis of the European Court of Human Rights' verdicts on this matter.
{"title":"The freedom of expression of lawyers through the practice of the European Court of Human Rights","authors":"Dimitrije Đukić","doi":"10.5937/gakv93-28645","DOIUrl":"https://doi.org/10.5937/gakv93-28645","url":null,"abstract":"Freedom of expression represents an important aspect of liberty that has had a profound influence on the development of human society. Also, the protection of this freedom been explicitly stated in numerous national and international legal acts. This paper presents an analysis of the way in which the right to freedom of expression of a particular group of persons (i.e. lawyers) is protected through the practice of the European Court of Human Rights. The author's view is that lawyers have to enjoy a higher degree of protection of the right to freedom of expression than other persons because of the importance of their role in society. Consequently, the limitations of this freedom should be restricted. Furthermore, the manner in which freedom of expression is protected by the European Convention on Human Rights and the practice of the European Court of Human Rights is analysed. Finally, a special emphasis is placed on the possibility of limiting this freedom through an analysis of the European Court of Human Rights' verdicts on this matter.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223142","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 the era of the digital revolution and the global market economy, the economic interests of holders of industrial property rights face threats from new and advanced forms of infringement. In order to guarantee the safeguarding of the material status of the rightsholders, standards of protection have been set at the international level as well as within the European Union - with harmonization expected to take place on a global scale. These standards, related to compensation for material damages due to the infringement on industrial property rights, largely deviate from the general rules on compensation for damages. The reason for the deviations lie in the specifics of the authorizations that are inherent to these rights and the intangible nature of the intellectual property that is the subject of the protection: hence the need for specific methods devised to calculate the compensation of damages caused by the infringement on industrial property rights. This paper analyses special rules on compensation for material damages caused by infringement on industrial property rights, observed in domestic law as it has developed from 1995 and onwards. The subject of the analysis are the relics of previous positive law, i.e., triple compensation, and compensation for up to three times the amount of the license fee, as well as the current regulations on the damages set as a lump sum compensation, under which it may not be less than the compensation for the legal use of the subject of protection and compensation equal to the tortfeasor's gains. The aim of this paper is to propose de lege ferenda norms for enhanced regulation of the matter of compensation for material damages in the field of industrial property.
{"title":"Compensation for material damages in Serbian industrial property law","authors":"Bojana Spajić","doi":"10.5937/gakv93-29064","DOIUrl":"https://doi.org/10.5937/gakv93-29064","url":null,"abstract":"In the era of the digital revolution and the global market economy, the economic interests of holders of industrial property rights face threats from new and advanced forms of infringement. In order to guarantee the safeguarding of the material status of the rightsholders, standards of protection have been set at the international level as well as within the European Union - with harmonization expected to take place on a global scale. These standards, related to compensation for material damages due to the infringement on industrial property rights, largely deviate from the general rules on compensation for damages. The reason for the deviations lie in the specifics of the authorizations that are inherent to these rights and the intangible nature of the intellectual property that is the subject of the protection: hence the need for specific methods devised to calculate the compensation of damages caused by the infringement on industrial property rights. This paper analyses special rules on compensation for material damages caused by infringement on industrial property rights, observed in domestic law as it has developed from 1995 and onwards. The subject of the analysis are the relics of previous positive law, i.e., triple compensation, and compensation for up to three times the amount of the license fee, as well as the current regulations on the damages set as a lump sum compensation, under which it may not be less than the compensation for the legal use of the subject of protection and compensation equal to the tortfeasor's gains. The aim of this paper is to propose de lege ferenda norms for enhanced regulation of the matter of compensation for material damages in the field of industrial property.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223334","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}
{"title":"The ancient roots of the modern concepts of justice","authors":"Željko Kaluđerović","doi":"10.5937/gakv91-25833","DOIUrl":"https://doi.org/10.5937/gakv91-25833","url":null,"abstract":"","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71222934","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}
{"title":"Withdrawal and cancellation of business shares in a limited liability company","authors":"M. Čulić","doi":"10.5937/gakv91-24217","DOIUrl":"https://doi.org/10.5937/gakv91-24217","url":null,"abstract":"","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223225","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}
{"title":"Admissibility criteria for applications brought before the European Court of Human Rights in cases of enforced disappearances of persons","authors":"Olivera Ševo","doi":"10.5937/gakv91-23693","DOIUrl":"https://doi.org/10.5937/gakv91-23693","url":null,"abstract":"","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71222654","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}
{"title":"Mera Investment Fund Limited v. Republic of Serbia: Is the international protection of domestic foreign investors justified?","authors":"Relja Radović","doi":"10.5937/gakv91-24248","DOIUrl":"https://doi.org/10.5937/gakv91-24248","url":null,"abstract":"","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223236","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}
{"title":"Possession in the real estate cadastre of Serbia","authors":"Ranko Jakovljević","doi":"10.5937/gakv91-23259","DOIUrl":"https://doi.org/10.5937/gakv91-23259","url":null,"abstract":"","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71222462","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}
{"title":"Hybrid financing instruments in the early stages of start-ups in Serbia and Germany: Advantages and disadvantages","authors":"Igor Živkovski, Aca Đurđević","doi":"10.5937/gakv91-25212","DOIUrl":"https://doi.org/10.5937/gakv91-25212","url":null,"abstract":"","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71222927","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}
{"title":"History of women in the Serbian Bar: Essay honoring Katarina Lengold Marinković","authors":"Tanja Arsić","doi":"10.5937/gakv91-24728","DOIUrl":"https://doi.org/10.5937/gakv91-24728","url":null,"abstract":"","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71222866","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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