FAP - Public administration

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Browsing FAP - Public administration by Author "Cărăușan, Mihaela Victorița"

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    Alternative Dispute Resolutions Within Administrative Contracts: Attributes and Enforcements
    (Universul Juridic Publishing House, 2018) Cărăușan, Mihaela Victorița
    This study provides an overview of the attributes of the alternative dispute resolutions (ADRs), and attempts to address the missing information about the use of these methods in Romania. Particular attention is given to the arguments that take a dispute out of the court. ADR schemes are known as out-of court mechanisms, which have been developed across Europe to reach a peaceful agreement. ADR schemes usually use a third party such as an arbitrator, mediator or conciliator, negotiator to help the parties to reach an amicable settlement. The advantages of ADR schemes are that they offer more flexibility; they are cheaper, quicker and more informal than the court. Within the world based on the country development, legal culture and traditions, business environment, and other factors ADR techniques have evolved differently in each one of them, even in the countries which are member of the same legal family. This article defines the basic ADR traits and reviews the theory, history, controversies, and future of alternative dispute resolution processes in administrative contracts.
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    Challenges in the Administrative Procedure of Trademark Registration at the World Intellectual Property Organisation
    (Journal of Public Administration, Finance and Law (JOPAFL), 2018) Budileanu, Cristiana Georgiana; Cărăușan, Mihaela Victorița
    Intellectual property protection in an age of information in the cloud is a dynamic challenge for law and market. Business people are more engaged in the knowledge-based economies where intangible goods prevail and the intellectual property rights rules. Nowadays, not just the resulted goods and/or services are legally protected from other similar and/or identical subsequent ones, but also domain names. The study emphasises the legal steps which must be followed in the international procedure of trademark registration. The trademark was used either as business identifier or virtual advertisement, but currently it become the domain itself. Information flow is global and without spatial boundaries the protection of goods and/or services and domain name has to be internationally recognised. Intellectual property surrounds us in approximately everything we do, and we are surrounded by the results of human creativity and invention and almost all are registered trademarks. The article is a quest for understanding international trademarks and intellectual property protection in the digital age.