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  • Author: Zuzana Ilková x
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Abstract

The paper deals with the issue covered by the field of industrial property, it deals with the right to designation, especially with characteristics of legal regulation of labeling of products with regard to their geographical origin at the Slovak, communitarian and international levels. Individual objects of the industrial property may be the result of intellectual creative activity of its creator/creators (e.g. inventions, utility models, designs) or they are not the result of creative activity of a particular natural person and are considered as industrial property rights to designation. The group of rights to designation includes: business names, trademarks, designation of origin for products and geographical indications for products. The rights to designation, inter alia, shall ensure uniqueness and competitive advantage for entrepreneurs and easy identification on the market of goods and services for the consumers. The paper closely analyzes the harmonized legal regulation of designations of origin and geographical indications of agricultural products, foodstuffs, spirit drinks, and wines. At the example of Tokaj wine region, it demonstrates the importance of protected designations at the EU level, in case of which demonstrable geographical origin of the product with controlled product specification by authorized national bodies brings a guarantee of quality of this product for consumers and the competitive advantage during their commercial implementation for the entrepreneurs.

Abstract

The existing legal regulation of the Slovak Republic allowed small and medium–sized enterprises, which form a basis for the business environment, not only in Slovakia but also in economically advanced countries, to have a legal form of any of the four types of commercial companies or cooperatives. According to the Concept for Supporting Start–ups and Start–up Ecosystem in the Slovak Republic, for the optimal engagement of investors and start–up development in the Slovak Republic, it is most effective to introduce a new form of capital commercial company that will allow for a flexible set–up of property relationships, investors’ entry and exit from the investment. The paper deals with the issue of special regulation of private law, company law. It points out some of the changes introduced to the regulation of commercial companies by introducing a new type of capital company, a simple joint–stock company and highlights possible problems in application. The new form of a capital commercial company was established by an amendment to the Commercial Code, Act no. 389/2015 Coll., which entered into force on January 1st, 2017. The purpose of the new form of a commercial company, as stated in the explanatory memorandum, is to ensure the legal form of a legal entity, which would be a complex and, at the same time, simple solution for risky investment in the form of commercial companies, especially investments to start–ups. To what extent the new form of a commercial company will meet the expectations of investors, will only be proved after its practical implementation and after the expression of the investors' interest in engaging in such form of company.

Abstract

Cross-border mergers are regulated by the Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on crossborder mergers of limited liability companies. This article deals with the issue of cross-border mergers of limited liability companies within the internal market of the European Union, more precisely it analyzes the question of the concept of a cross-border merger under the European Union law and its implementation into the national legal order of the Slovak Republic. The legal definition of a cross-border merger under the European Union law comprises three key conditions that must be met cumulatively: cross-border merger is applicable only for a business company formed in accordance with the law of an EU Member State, having its registered office, central administration or principal place of business within the Community, and at the same time business company must be in an eligible legal form and a cross-border element must be given.

Abstract

The paper analyzes the development of the legislation of cooperative law since the late 1940s. It points out the positives, but also the negatives in the development of agricultural cooperative in Slovakia. The number of cooperatives, as well as the area of their farmed land decreased significantly after 1989 and the number of legal entities operating on the land has expanded. In spite of this, however, according to the collected data, it can be stated that in 2018, cooperatives managed 34,25% of agricultural land in Slovakia. Based on the available statistical data on the development of the structure of agricultural cooperatives and on the basis of legal analysis of the legislation, the authors wish to emphasize the merits of the cooperative form of business as well as the advantages of the cooperatives as a separate form of business under current market conditions. The cooperative, as a separated form of business, is still advantageous for all areas of business including the agricultural business. The advantage of a cooperative form of business is highlighted by its flexibility, relative simple and more liberal than other legal form of business.

Abstract

Issues of innovation and technology transfer are framed by a broad legislation and financial schemes at the European and national level. In context of the strategy Europe 2020 and the initiative Innovation Union, the mutual interconnection between the new knowledge creation and its economic valuation is important for competitiveness of the economy. Innovation systems are characterized by a large scale of different actors and dynamic interactions between them. The intensity of the innovation activity of enterprises is mostly influenced by the level of their legal awareness and by the ability to utilize the innovation mechanisms and opportunities for transfer of knowledge, modern technologies and practices. The paper characterizes selected legal and financial mechanisms and points out the possibilities and problems related to their implementation in economic sphere, particularly in the agrifood sector. At the beginning, the authors describe the key aspects of the innovation policy and technology transfer in the EU and Slovakia. Next parts of the paper are focused on the issue of legal institutes concerning the industrial property and on the financial instruments for the period 2014-2020 emphasizing the innovative ones and possibilities of their combination. In the final part, the authors point out the barriers and possibilities in innovation implementation and in the process of transfer of technologies and knowledge to economic sphere.

Abstract

Growing renewable energy plants on agricultural land and its further energy usage presents a significant importance for implementing long-term strategy of Slovakia in the area of acquisition and use of renewable energy sources (RES). Renewable energy plants together fulfil the objectives of Europe 2020 strategy and contributes to diversification of energy resources. The paper draws on the EU and national legislation regulating RES. Directive 2009/28/EC of the European parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC are analysed. Broadly, the topic of the renewable energy resources is integrated in Rural Development Program 2014 - 2020. More specifically, Biomass Action Plan 2008- 2013, Strategy of higher use of the renewable energy resources in Slovakia and Strategy of energy security of Slovakia till 2030 have been adopted. Sustainable use of agricultural land, its management and use, as well as the protection of its quality and functions are regulated by Act No. 220/2004 Coll. on the protection and use of agricultural land and amending the Act no. 245/2003 Coll. on integrated prevention and control of environmental pollution and amending certain acts as amended which came into the force 1. May 2004. Act. No. 57/2013 Coll. with is in effect from 1 April 2013, establishes the principles and procedure for the establishment of plantations of fast-growing trees on agricultural land. Slovak legislation introduced a register for fast-growing trees in Slovak territories at each district office, Land and Forest Department in Slovakia (72). The survey at registers shows that this legislation promoted the farmers to start to use marginal land for fast-growing trees.