Inter-American Academy of Comparative and International Law
In: American journal of international law: AJIL, Band 40, Heft 4, S. 819-820
ISSN: 2161-7953
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In: American journal of international law: AJIL, Band 40, Heft 4, S. 819-820
ISSN: 2161-7953
In: American journal of international law: AJIL, Band 39, Heft 4, S. 754-757
ISSN: 2161-7953
In: American journal of international law: AJIL, Band 38, Heft 4, S. 688-689
ISSN: 2161-7953
In: American journal of international law: AJIL, Band 30, Heft 4, S. 707-708
ISSN: 2161-7953
In: American journal of international law: AJIL, Band 25, Heft 1, S. 109-112
ISSN: 2161-7953
In: American journal of international law: AJIL, Band 23, Heft 1, S. 138-140
ISSN: 2161-7953
In: American journal of international law: AJIL, Band 22, Heft 3, S. 620-624
ISSN: 2161-7953
In: American journal of international law: AJIL, Band 21, Heft 2, S. 306-312
ISSN: 2161-7953
In: American journal of international law: AJIL, Band 19, Heft 2, S. 327-333
ISSN: 2161-7953
In: American journal of international law: AJIL, Band 19, Heft 1, S. 155-157
ISSN: 2161-7953
In: American journal of international law: AJIL, Band 16, Heft 2, S. 296-300
ISSN: 2161-7953
In: Constellations: an international journal of critical and democratic theory, Band 11, Heft 4, S. 575-590
ISSN: 1467-8675
In: https://doi.org/10.7916/D8CV4GXG
Today's Internet is exploding with creativity and innovation, and it has spurred new markets and industries in an unprecedented period of time. Such progress is inevitably accompanied by intellectual property rights violations, particularly as the law struggles to keep pace with the exponential growth in technology. Moreover, online actors are becoming increasingly skilled at hiding their identities to evade responsibility. The service providers that these actors employ to host their Web sites, auction their domain names, provide their advertising content, process their payments, promote their businesses—and even hide their identities—have limited exposure to liability for their customers' actions. As a consequence, service providers have little incentive to cooperate with brand owners or to voluntarily identify trademark violations. In fact, such cooperation or voluntary participation may place service providers at a competitive disadvantage. Law and practice should be revised to create incentives for service providers to work with brand owners to effect the primary purpose of trademark law: preventing consumer confusion. This Article identifies the types of online services most often involved in trademark violations. It provides a brief review of the current statutory framework and the evolution of the common law concerning liability of online service providers. Borrowing from the Digital Millennium Copyright Act and traditional tort concepts, this Article explores avenues for legislative change and the best practices to address the issues. Requiring a higher duty of care from online service providers will help minimize consumer confusion, protect brand owners and provide a more authentic online consumer experience. It will incentivize innovation and help to promote fair competition among service providers.
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We focus in this paper on the effects of court errors on the optimal sharing of liability between firms and financiers, as an environmental policy instrument. Using a structural model of the interactions between firms, financial institutions, governments and courts we show, through numerical simulations, the distortions in liability sharing between firms and financiers that the imperfect implementation of government policies implies. We consider in particular the role played by the efficiency of the courts in avoiding Type I (finding an innocent firm guilty of inappropriate care) and Type II (finding a guilty firm innocent of inappropriate care) errors. This role is considered in a context where liability sharing is already distorted (when compared with first best values) due not only to the courts' own imperfect assessment of safety care levels exerted by firm but also to the presence of moral hazard and adverse selection in financial contracting, as well as of non-congruence of objectives between firms and financiers on the one hand and social welfare maximization on the other. Our results indicate that an increase in the efficiency of the court system in avoiding errors raises safety care levels, thereby reducing the probability of accident, and allowing the social welfare maximizing government to impose a lower liability [higher] share for firms [financiers] as well as a lower standard level of care.
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This article describes the concept and forms of money laundering, crimes of money laundering in the Republic of Uzbekistan, their social risk, differences between money laundering and the classification of system and criteria of these crimes, the liability for money laundering and the fight against these type of crimes. Also, the study of the criminological description of the crime of money laundering, the analysis of international legal norms in the fight against money laundering as a subject of study in international and national law, as well as methods of combating money laundering and their prevention is to study the peculiarities of foreign experience in the practice of acquisition. At the same time, proposals were made to improve national legislation by analyzing the benefits of criminal activity, the content of the International Convention for the Suppression of Crimes, the way of practice and legislation of foreign countries and its advantages. The decisions of the FATF in ensuring cooperation between states in combating money laundering and the development of international standards, the recommendations of which reflect the international program to combat money laundering by individuals and legal entities using the capabilities of the financial system. In other words, the practical significance of the implementation of the FATF recommendations in the fight against money laundering schemes, laundering of proceeds from real criminal activities. Based on the recommendations of the FATF, opportunities for rapid response to crimes in this area have been provided.
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