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International Journal of Private Law (3 papers in press)
Time Limitations for Intellectual Property in Criminal and Civil Litigation: A Comparative Study of England and Jordan by Mohammad Alkrisheh, Nour Hamed Alhajaya, Firas Massadeh Abstract: In this review of Jordanian and English intellectual property laws, it became apparent that there are few legal rules regulating time limitations for civil or criminal cases. In English law, one such rule stipulates a civil limitation of no less than six years; however, there is no statute of time limitation for criminal cases, and therefore criminal offences do not fall under such limitations. In comparison, in Jordanian law the text of Article 272 of the civil law applies in relation to a statute of civil limitations. The aggrieved party may claim compensation arising from a violation of financial and intellectual property rights up to three years from the date of the victims knowledge of the offence. In all cases, the hearing may not progress fifteen years from the date of the offence. The study concluded with some recommendations. Keywords: Intellectual Properties; Time Limitations; Criminal Litigation; Civil Litigation.
The economic costs of restraint of trade agreements: modest lessons for South Africa from Germany and other selected jurisdictions by Musiiwa Mahangwahaya, Lonias Ndlovu Abstract: This paper considers the current legal position in South African labour law in which employees subject to a restraint of trade agreement are not paid anything during the subsistence of the restraint and have to face financial difficulties. When employees sign restraint of trade agreements, they undertake to surrender their ability to earn a living and not to take advantage of other employment or commercial opportunities for a particular period, without getting any financial compensation as a means of survival during the subsistence of the period of restriction. After a detailed exposition of the legal position in Germany, buttressed by brief references to other similarly placed jurisdictions, the final recommendation is that South Africa should learn from Germany and consider introducing mandatory compensation for employees who may find themselves rendered economically inactive by restraint of trade agreements. Keywords: Restraint of Trade; compensation; freedom of trade.
Thoughts about tort law and its compensation, deterrence and sanctioning functions by Francesca Benatti, Ruben Mendez Reategui Abstract: This journal article examines the compensation, deterrence and sanctioning functions of torts law in light of modern legal, economic and scientific developments. Moreover, it refers to legal-economic reasoning and Comparative Law methodology, taking as examples of potential scenarios and cases from Latin American, European and Anglo-Saxon countries. The aim is to provide the reader with an exercise in critical reflection and also to highlight how it is increasingly complex to distinguish the functions of torts law in practice. Based on the above, the authors concluded by presenting the consideration of the difficulty of discerning between the functions of torts as a valid reason to justify that the current systems aspire in the first order to the protection of the human person and not to forget their role as governing mechanism, that is, as ratio iuris. Keywords: civil law; legal theory; tort law; comparative law; legal systems. DOI: 10.1504/IJPL.2021.10041158