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Essay范文--The integrated management mode of American cyberspace

2019-01-25 13:53:07 | 日記
给大家推荐一篇关于 The integrated management mode of American cyberspace 的essay范文,供大家参考学习,这篇论文讨论了美国网络空间的一体化管理模式。美国的白宫设立了网络安全协调办公室,在其统一协调下,各部门各司其职,形成政府层面的网络安全管理体系。其中,国防部制定网络整体发展战略和政策,运行和保护国防信息系统和网络;国务院负责与网络安全相关的外交工作;国土安全部作为联邦政府确保网络安全的核心机构,协调全国网络安全告警和关键信息基础设施信息共享;联邦调查局负责美国国内恶意网络活动;中央情报局、国家安全局负责国外网络空间恶意活动;商务部制定与网络安全相关的标准和框架;财务部、司法部也承担了一些辅助性管理工作。

The United States has established a leading position in the field of cyberspace by virtue of its huge information technology advantages. However, the huge scale of the development of cyberspace and the rapidly rising level of digitalization, software and networking also make the United States face more problems in the management and security of cyberspace. In recent years, the United States has taken various measures to solve the management problems encountered in the construction and operation of cyberspace from the aspects of management organization construction, top-level design, military-civilian cooperation, international cooperation, procurement management and supply chain security management, forming a unique integrated management mode of cyberspace.

At present, the cyberspace management system of the United States is mainly composed of three levels, namely, the government, the military and inter-ministerial cooperation institutions. They have a clear division of labor, form a system and cooperate with each other to jointly ensure the rapid development and safe operation of the cyberspace of the United States.

The White House has set up the cyber security coordination office. Under its unified coordination, each department will perform its own duties and form a cyber security management system at the government level. Among them, the ministry of defense formulates the overall network development strategy and policy, the operation and protection of national defense information systems and networks; the state council is responsible for diplomatic work related to cyber security. The department of homeland security, as the central agency of the federal government to ensure cyber security, coordinates national cyber security alerts and information sharing of critical information infrastructure. The fbi is responsible for malicious cyber activity in the United States; The cia and nsa are responsible for malicious activities in cyberspace abroad; The ministry of commerce formulates standards and frameworks related to cybersecurity; The finance department and the justice department also take on some supporting administrative work.

The U.S. cyber command was established in 2009 to plan, coordinate, integrate, synchronize and direct operational activities, and the services have established a cyber operations command to support the cyber command. The cyber command presents operational and information assurance requirements to the dod cio, who sets specific policies, processes, and standards.

In 2013, the us department of defense adjusted the cyber command, dividing the forces under its jurisdiction into cyber protection force, national mission force and combat mission force, so as to clarify its responsibilities. Among them, the network protection force is responsible for the army's network security; The national task force is responsible for securing the nation's electrical grid, financial institutions, and other critical infrastructure. The mission force is responsible for providing cyber attack capabilities to regional commanders.

The United States has formed a cover of homeland security, intelligence, defense, law enforcement network space in four areas of emergency system, set up an inter-departmental, national telecom, the computer emergency response team coordination centre, the national center for network security, industrial control system network of emergency response team, the national response coordination center, national infrastructure coordination center, the national network survey joint task force and other institutions, effectively strengthen the collaboration between departments, improve the ability to deal with emergency network space.

The United States has further enhanced the strategic position of cyber security in national security, guiding the administration of cyber security by formulating or revising policies and legal frameworks. In recent years, the United States has launched a series of strategies and policies, such as the international strategy for cyberspace and the national strategy for trusted identity authentication in cyberspace, basically establishing a strategic policy system at the top level of the country, and planning the overall construction of the us cyberspace force from the perspectives of diplomacy, economy, intelligence, military and technology.

In addition to developing strategies and policies, the U.S. department of defense has issued a series of top-level documents on cyber operations, which guide the management of cyber operations and specify the authority and responsibilities of various agencies. The U.S. cyber command concept of operations, version 1.0, defines the command coordination relationship between the cyber command and the various services and regional commands in the course of operations. In June 2012 issued the CanLianHui network transitional command and control plan of action, will be a bigger network attack and defense rights granted to the combat command, in the center of each war zone set up joint network unit and network security forces, according to the combat troops in battle plan and action plan and implement the corresponding network, network operation and operation integration, maximize combat effect. In March 2013, the us-led NATO issued the international law applicable to cyber warfare -- tallinn handbook, which clarified the principles that NATO countries should follow when launching cyber attacks and countermeasures that can be taken to defend against cyber attacks.

The network technology research and development management agency is composed of a steering committee led by the assistant secretary of defense for research and engineering and related work organizations, responsible for solving common and basic problems and cross-departmental coordination work; The defense information system administration, the defense advanced research projects agency and the military research institutes are responsible for the management of technology research and development; Related information technology companies and large defense companies undertake specific research and development work for the military, while the military also accelerates the absorption of commercial cyberspace technology. Through this model, the United States can more efficiently solve the contradiction in talent, technology, management and capital.

The U.S. military has established interagency collaboration with the departments of homeland security, energy, the fbi, the cia, and the national security agency. If the source of the attack is determined to be overseas, cyber command, cia, and nsa will be in charge; If the attack originated at home, it would fall under the purview of the fbi and the department of homeland security. Such a move would effectively improve the government's ability to deal with cyber emergencies and reduce duplication of efforts in the establishment of cyberspace authorities.

The United States government attaches great importance to strengthening exchanges and cooperation with other countries' governing bodies. In 2010, the United States and the European Union initially reached a cyberspace cooperation strategy covering military and civilian fields. In 2012, America military and the militaries of Japan, South Korea and other countries strengthened cooperation in cyberspace. In 2013, the United States and the Japanese government reached an agreement to strengthen cooperation between the cyberspace management agencies of the two countries in the areas of cyber threat information sharing, international coordination and cooperation on cyber security policies, and combating cyber threats in critical infrastructure.

The fiscal 2011 defense authorization act according to the need of network space and equipment in low degree, importance, cost, technology complexity, risk, etc, put forward a "quick process" and "prudent application" two kinds of procurement procedures, and to further deepen the adjust procurement procedures, reform the related decision-making management system and cumbersome decision-making review process. The navy rapid acquisition and deployment information assurance and cyber security capability, released at the end of 2012, also proposes three acquisition procedures for different applications of cyberspace systems.

Equipment used for cyberspace after failure, the characteristics of the need to constantly upgrade, released in 2011, the department of defense "business system of defense procurement policy memos, and adopt the gradual acquisition mode, will be divided into multiple iterations, each procurement batch each iteration process implementation function and test evaluation, as soon as possible to find design defect and holes and adjust in time. In addition, American military understands the software upgrade in cyberspace as a continuous improvement. On the one hand, it fixes the existing defects through software upgrade; on the other hand, it meets the new network attack and defense requirements through software version update.

The U.S. military is attracting more innovative companies to bid by, among other things, establishing clearer bidding procedures to increase competition and efficiency. The air force plans to spend $9.89 million in fiscal year 2014 to support operations of unclassified offensive cyberspace systems, and to launch a complete follow-on contract for network logistics support within five years. To this end, the air force will conduct an open review and classification of operations around specific cyberspace operations to facilitate company tenders.

In order to understand the basic situation of the supply chain at all levels in the cyberspace, the United States has carried out a level-by-level review and evaluation activity for the network industry. The evaluation office under the bureau of manufacturing and industrial infrastructure policy of the ministry of defense and the technology evaluation office under the bureau of industry and security of the ministry of commerce are responsible for the implementation, and are supported by various military services, research institutes and consulting companies. Through the network space is the prime contractor and the subcontractor and low-level suppliers review and assessment of the system, the U.S. government can find the weak link of the supply chain and excessive dependence on foreign suppliers and competition insufficient link, direct defense of network supply chain management and risk early warning, supervision and network to support the ministry of defense of merger, split, and related industrial base policy, prevent the loss of key ability.

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Essay范文--Law merchant

2019-01-25 13:51:48 | 日記
给大家推荐一篇关于 Law merchant的essay范文,供大家参考学习,这篇论文讨论了商人法。所谓商人法是中世纪期间有关商人、商业事务的习惯法规和原则的总称。 因此,商人法是一个历史形成的概念,是对历史上形成的商人习惯法的总称。商人法曾经是关于商事的国际性法律,它以流行于整个欧洲的商人之间的普遍习惯和惯例为立法基础,并且在各国的商人法院几乎都得到统一的适用。

Before introducing the relevant issues of British commercial law, it is necessary for the author to clarify some relevant terms. In reality, the concepts of Commercial Law are confused and vague, which are related to Commercial Law, Merchant Law, Commercial Law, Commercial Law, Commercial Law, etc. In English, there are Law Merchant, Business Law, Commercial Law, etc.

The so-called merchant law is "the general term of customary laws and principles concerning merchants and commercial affairs during the middle ages". Therefore, merchant law is a concept formed in history, which is the general term of merchant customary law formed in history.

The concept of "commercial law" is more widely used in the division of legal departments and the formulation of legal codes. It is generally believed that commercial law is "a branch law which is traditionally parallel to and complementary to civil law. Or "special laws regulating the conduct of merchants, business organizations, and businesses."

"Business Law" and "Commercial Law" are terms in Anglo-American Law system. It should be said that "Commercial Law" is actually a concept in continental Law system. In countries of Anglo-American Law system, there is no concept of Commercial Law in the sense of division of legal departments because legal departments are not distinguished. Not just the rules of the civil law and commercial law firm or the content of the commercial organizations, more is about the antitrust law, tax law, consumer rights and interests protection law, such as content, even includes real estate and mutual, wills and trusts, intellectual property, such as content, mainland scholars like a identity will be translated as "commercial law" or "commercial law".

The use of "commercial law" is an inaccurate concept in China, because the "commercial law" used in China actually refers to the concept of "commercial law of planned economy", that is, "the commercial legislation of a country with a planned economy is limited to domestic commerce, and its content is completely different from the traditional commercial law. Its essential significance should be the general term of the legal norms based on the industrial policy law.

It is undoubtedly inappropriate to translate "Commercial Law" into "Commercial Law" according to the above analysis. Although there are some disputes on some occasions, scholars generally agree that it can be directly called "Commercial Law". Therefore, in this paper, the author calls "British Commercial Law", namely "Commercial Law in UK".

Nothing in the history of English law is more remarkable than the birth and development of the merchant law. The merchant law had been an independent source of law for centuries and had been operated by its own independent merchant court until it was finally incorporated into the common law.

Medieval merchant law is the foundation of modern commercial law. Medieval merchants traded in and out of European markets and markets, and disputes between them were settled by special magistrates' courts. Such as the municipal and municipal courts, and the staub courts. The judges and juries of the court are composed of the merchants themselves and apply the merchant law rather than the local common law.

The merchant law was once an international law on commerce. It is based on the common customs and practices of the merchants throughout Europe and is almost uniformly applied in the merchant courts of all countries. In England, the merchant law was developed independently of the common law, and many of its principles were quite different from the common law. The validity of the merchant law comes from the spontaneous recognition of the merchants who seek the code of conduct. "Merchant law" meets their needs. It emphasizes the autonomy of contract conclusion, the transferability of current assets, etc. It is flexible enough to meet the needs of business practice. Most importantly, it avoids the technicalities of law by adopting a system of speedy adjudication, which judges cases on the basis of fair dealing and good faith. During this period, many important in modern commercial law system and concept to lay, such as: draft system, charter agreement and single system, the concept of transfer and circulation, stop delivery of goods transport system when the buyer's bankruptcy, the goods still in transit, did not receive payment by the seller have a means of relief. If the seller gives notice to the carrier or other goods trustee of the cessation of payment, the seller shall have the right to require the carrier or other goods trustee to return the goods to him and shall have the right to take possession of the goods before payment is made by the buyer. If the seller does not exercise that right, the goods are included in the buyer's bankruptcy property and are equally distributed among the buyer's creditors. And the general average system.

As noted, merchant law is international, not British. Around the 15th and 16th centuries, most of the business of merchant courts was taken over by admiralty courts, which still complied with merchant law. By the 17th century, the commercial jurisdiction of the maritime courts had been taken over by the common courts, largely because of Sir Edward Coke's efforts. In the early 17th century, judge Edward coke began replacing the merchant courts. They did not use merchant law as the legal subject to solve merchant disputes, but only borrowed some principles of merchant law, but still mainly used the common law they are familiar with to judge cases.

While the merchant courts were dying out, the common courts were already in charge of most commercial litigation in the country. In order to maintain and expand jurisdiction over commercial litigation, the common courts have adopted some rules of merchant law. But it was not until the end of the 17th century and the beginning of the 18th century that merchant law was finally fully incorporated into the common law. This is primarily through the efforts of two justices, John Holt and Chief Justice. As Professor Schmitthoff wrote: "judge Mansfield's judicial reform of hearing commercial cases together with his special jurors in the city hall of London was ostensibly to simplify commercial procedures, but in fact its purpose was to create a commercial substantive law with logic, justice and modernity characteristics, and at the same time conform to the principles of common law. It was judge Mansfield's genius that brought about the harmonization of commercial custom with the common law, and that harmonization was accepted almost entirely by the practice of the commercial community, while the old basic principles of law and the harmonized views were accepted by merchants and lawyers.

The development of the merchant law into the common law inevitably led to the complication and huge development of case law, and sometimes even conflicts with each other. From the 19th century, Britain began to call for the adoption of the form of the code to make it organized and clear. In fact, this process is not done by establishing an all-encompassing commercial code, but by codifying some specific areas of commercial law. The codification process owes much to some outstanding drafters. Mackenzie Chalmers drafted the bill of exchange act of 1882, the sale of goods act of 1893 and the maritime insurance act of 1906. Femdefick Pollock, drafted by the partnership act of 1890. All these statutes remain in force today. This is undoubtedly the best testimony to the efforts of these outstanding drafters. Of course, the major principles of 19th-century commercial law were further developed in the writings of prominent commercial lawyers.

After the 19th century, British commercial law gradually lost its international characteristics. It paid little attention to the development of overseas commercial practices and could not keep up with the unlimited expansion of the trade field. It always tried to solve commercial disputes with its own laws and trade practices. Indeed, despite the efforts of judge Mansfield and others who came after him with similar ideas to adapt the law to the needs of business practice, businessmen often wondered whether the general consensus among traders on the typical instruments of commercial circulation could be accepted by the court. It is generally hoped that if the court is not willing to break the rules established in business practice in keeping with the businessman's pursuit of a sense of stability, it will at least be willing to accept the new business practice or, as far as possible, to fulfil the will of the contracting parties at the time of the conclusion of the contract.

In the 17th and 18th centuries, merchant law was incorporated into European domestic law, which meant that the commercial law of Britain and other countries lost its original characteristics of international law. However, since the second half of the 20th century, the call for harmonizing the principles and regulations of commercial law in regulating international trade has become increasingly louder. This process of legal harmonization led to the development of what we now call Trans national Commercial Law. The harmonization of law is accomplished in many ways.

Many groups played a significant role. Examples include the Hague conference on private international law, the international association for the unification of private law, the United Nations commission on uniform trade law, the international chamber of commerce, and the council of Europe and the European Union. These groups harmonize laws in specific areas of international trade, including international sales of goods, international manufacturing and financial leasing, international payment mechanisms, international maritime law and international commercial arbitration.

This reconciliation was also achieved through the international trade practices of the outlawed merchants. Some scholars believe that this will constitute a new era of merchant law, such as the recognition of the application of some principles and rules of international autonomy regulating international trade, without the need to incorporate these principles and rules into contracts or be supported by domestic laws. In a sense, their view is not unreasonable, because the core of merchant law is the sum of all the rules prevailing in merchant society. But the procedure of international trade practices with the real businessman method is different, because only rely on to express or implied in the contract clearly these rules, or rely on the judicial recognition or in the form of legislation, be sure in the domestic law or supranational law, its just have legal effectiveness, rather than simply by its existence purport its effectiveness.

Judges in different countries have consciously and unconsciously borrowed relevant legal concepts of foreign laws, which is called "judicial parallel" or "judicature - to".

The work of scholars has also had a great impact on the development of commercial law that transcends national boundaries. In 1994, the "principles of international commercial contracts" was applied to litigation worldwide, but its application was strictly limited to commercial contracts with international characteristics. In 1995, the "principles of European contract law" was mainly applied to contracts concluded in Europe, but its scope of application was more extensive, regardless of whether it was a domestic contract or a foreign contract, whether it was a commercial contract or a non-commercial contract. Both take the form of a "restatement," similar to the form used by the American legal association. Not only do they state the general principles and rules of contract law, but they also provide the best solution to typical contract problems, such as those related to the responsibility for good faith and fair dealing. Although neither of these statements is legally enforceable, both can be used by parties to a contract and written into their contract. It could also be used by courts and tribunals in seeking the best way to resolve contractual problems or to fill gaps in existing international treaties. Therefore, some scholars believe that these principles constitute a new codified international "merchant law" in the field of contract law.

In my opinion, in a sense, we can say that the frequent and complicated international trade has revived the concept of new merchant law. The work of the international association for the unification of private law and the United Nations commission on the unification of trade law aimed at the unification of international trade law demonstrated the re-emergence of the internationalist spirit of old merchant law. A steady increase in the volume of eu legislation, as well as a growing awareness of the importance of domestic legislation in international trade towards harmonizing international commercial law as markets and transactions globalize, will facilitate the emergence of new merchant law. But we certainly can't hope to restore the ancient merchant law's rapid judgment system and its realistic attitude, nor can we conclude an international commercial code, even part of it, in a very short time. But it is of great theoretical and practical significance if we harmonize, as far as possible, the systems of the civil law system with those of the common law system, and enable each country to have a good understanding of each other's laws and systems governing commercial transactions.

51due留学教育原创版权郑重声明:原创美国论文代写范文源自编辑创作,未经官方许可,网站谢绝转载。对于侵权行为,未经同意的情况下,51Due有权追究法律责任。主要业务assignment代写、essay代写、paper代写、美国论文代写服务。

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Essay范文--Reform Act on Financial Regulation in the United States

2019-01-25 13:50:42 | 日記
给大家推荐一篇关于 Reform Act on Financial Regulation in the United States 的essay范文,供大家参考学习,这篇论文讨论了美国金融监管的改革法案。美国次贷危机的爆发,使人们重新审视美国近30年来所推行的新自由主义经济政策。美国政府一直通过制定和修改法律,放宽对金融业的限制,推进金融自由化和金融创新,将银行业与证券、保险等投资行业之间的壁垒消除,从而为金融市场创新和金融投机打开了方便之门。此次新监管法案的颁布意味着美国金融监管再次从严,将会严格限制商业银行的自营业务,种种严格的要求表明了美国金融监管当局从华尔街金融巨头手中抢回主动权的决心。

Financial Regulation,美国金融监管改革法案,essay代写,作业代写,代写

The enactment of the us financial regulatory reform act means that the us financial regulation has abandoned some basic principles in the financial services modernization act of 1999 and returned to the glass-steagall act of 1933.

The financial services modernization act, signed and enacted by then-president Bill Clinton in 1999, repealed the glass-steagall act, which abolished the boundary between banking, securities and insurance, and the old separation of businesses, allowing financial institutions to conduct multiple businesses at the same time. The glass-steagall act, also known as the banking act of 1933. The law strictly separates investment banking from commercial banking and ensures that commercial Banks avoid risks in the securities industry.

The outbreak of the subprime mortgage crisis in the United States in 2007 made people re-examine the neoliberal economic policies implemented by the United States in the past 30 years. The so-called neoliberalism is a set of ideological trend whose main goal is to revive the traditional liberal ideal and reduce the government's intervention in the economic society. An important element of neoliberalism is deregulation, including financial regulation. The us government has been making and revising laws to relax restrictions on the financial industry, promote financial liberalization and financial innovation, and remove barriers between banking and investment industries such as securities and insurance, thus opening the door for financial market innovation and financial speculation. The absence of financial regulation led directly to the worst financial and economic crisis since the great depression of the 1930s. The enactment of the new regulation law means that the us financial regulation will be tightened again, and the proprietary business of commercial Banks will be severely restricted. All kinds of strict requirements indicate the determination of the us financial regulatory authorities to seize the initiative from the Wall Street financial giants.

As is known to all, the financial system is divided into financial entities and the virtual financial, virtual financial based on the entity's financial, at the same time can promote the development of financial entities, the two complement each other, be short of one cannot, proportion of a country's financial entities must be greater than the proportion that virtual financial, to enable the healthy development of the country's financial sector feet on the ground. Light has a solid financial, can't do without a virtual financial, financial innovation is indispensable link of financial development, financial innovation can accelerate the development of a country's financial industry, the lack of the financial system of virtual financial development is slow, such as our country is so so, due to a serious shortage of virtual financial, lead to the development of financial industry in China is very slow, lags far behind the western developed countries. Virtual financial, on the other hand, the light has no physical financial consequences are more serious, in Iceland, for example, in recent years, Iceland's national gradually from the original fishing as the main business into financial as its main business, not before the outbreak of the financial crisis, the financial industry is developing rapidly, but after the crisis, since there is no real financial support, lack of Iceland's financial collapse suddenly building foundation. One of the deep-seated reasons for the outbreak of the financial crisis in the United States is the imbalance of the financial system. The proportion of virtual finance is too large. New law on financial regulatory reform measures, indicate the direction of adjustment to the U.S. financial system, to increase the proportion of financial entities, financial innovation to give priority to with the entity level, gradually by the financial system dominated by virtual financial adjustment to give priority to with real financial, virtual financial system and the balanced development of the entity's financial health, it will be good for the U.S. economic recovery and the development of the future.

The sudden emergence of the new law has caused a huge shock in the financial sector. Such an epoch-making reform of financial supervision will inevitably benefit some institutions and interest groups, while damaging other vested interests. This creates a conflict of interest, and the American authorities have to compromise in order to balance different interest groups. The final stage of the bill's consideration had two main concerns: the volcker rule and the Lincoln amendment. The volcker rule would have banned all proprietary trading in banking and separated it entirely from hedge funds and private equity funds. Results, and ultimately through the law not only allow 3% of the banking institutions will be the core capital to invest in hedge funds and private equity funds, and in the process of exit from existing investments get very easy transition: after the act, banking institutions will be two years of buffer, then can apply for 3 times and each time the extension of the period of 1 year demand, and in illiquid investments, Banks can grace period on the basis of the former back to five years. So in theory, Wall Street's largest financial institutions could not fully comply with the volcker rule until 2022 at the latest. And Lincoln amendment for large financial institutions to divest all derivatives trading, exit the financial derivatives market and eventually compromise for bank may retain the conventional interest rate, foreign exchange, commodities, such as derivatives trading, only junk bond credit default swaps and other high-risk derivatives can be spun off completely, and the bank also have two years of transition. In short, the new regulations are not as robust as previously thought.

It is worth emphasizing that the structure of financial regulation should adapt to the development of the financial system, rather than run counter to it. Financial regulation should keep pace with the development of finance, and it should not put the cart before the cart by limiting the development of finance to achieve the purpose of easier regulation. What are the trends in the modern financial system? The traditional financial system with Banks as the main body turns to the new financial system with capital market as the core. One of the significant changes is the "deregulation" of financial development. The salient feature of the new regulatory bill is that it ends the continuing trend of "deregulation" in American legislation, but it reinstates financial regulation in a way that does not impose the heavy restrictions on financial liberalization that had been predicted. Instead, the new regulations almost entirely recognize a series of changes in the U.S. financial system, and seek to manage the new risks posed by these changes only by adapting the regulatory architecture and rules to the new changes in the financial system.

To sum up, although the new regulation bill's intention is to maintain financial stability, but it reflects the "financial stability just means, financial and economic development is the ultimate goal" deep thoughts, the financial supervision should adapt to the development of financial, rather than cut, this idea is very worthy of our reference in the reform of financial supervision system of our country seriously. How to deal with the relationship between financial regulation and financial development will be our next to solve the new problem, let us wait and see.

51due留学教育原创版权郑重声明:原创美国论文代写范文源自编辑创作,未经官方许可,网站谢绝转载。对于侵权行为,未经同意的情况下,51Due有权追究法律责任。主要业务assignment代写、essay代写、paper代写、美国论文代写服务。

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Essay范文--The impact of brexit on intellectual property rights in Europe

2019-01-25 13:49:34 | 日記
给大家推荐一篇关于 The impact of brexit on intellectual property rights in Europe 的essay范文,供大家参考学习,这篇论文讨论了英国脱欧对欧洲知识产权的影响。目前,欧盟商标在英国仍旧全权有效。脱欧生效时,英国会出台相应的转换保护机制,将已注册的欧盟商标转换为英国国内商标。而对于已失效的英国商标,如果拥有欧洲商标注册证书的话,也有可能申请恢复。欧洲专利局和《欧洲专利公约》是独立于欧盟的机构和法律体系,因此英国脱欧不会波及到现有的欧洲专利系统。即便正式脱欧后,英国仍是全球《专利合作条约》以及EPC缔约国,因此欧洲专利申请流程和保护范围不会受到英国脱欧的影响。

After triggering article 50 of the Lisbon treaty, the UK officially started to leave the eu in March 2017. With just over a year to go until the planned date of formal entry into force on March 29, 2019,

At this historical turning point of brexit, Ireland, as a close neighbor of the UK, has also been brought into the view of more people. Ireland is an independent European country, and the mainland of the United Kingdom across the st. George's strait, but at the same time located in the northern end of the island of Ireland is part of the United Kingdom border on Northern Ireland. Although all aspects from the cultural and political economic and history of Ireland connected with Britain, but as an independent members of the European Union, even in Britain officially off the took effect, the Irish identity will not be affected by any eu member states, Ireland as the eurozone member states and the European Union trademark and design system the identity of the parties will not change.

Ireland is one of the fastest growing countries in Europe. Many large global enterprises have their European headquarters in Ireland, including the world's top 10 Internet companies, the world's eight largest pharmaceutical companies and nine of the world's top 10 medical technology companies. Three of the world's five biggest gaming companies are also based in Ireland. Ireland is also a dynamic "young" country with one of the youngest populations in Europe. Ireland is also known as one of the ten friendliest countries in the world. Ireland also ranked fourth in Forbes' 2015 list of the world's best places to do business.

As a leading intellectual property firm with over 80 years of experience in Ireland, Tomkins will continue to provide you with one-stop European intellectual property services after brexit. The intellectual property agents and lawyers of Tomkins not only have the professional agent qualifications in Europe and Ireland, but also hold the national professional agent qualifications in the UK. Such professional advantages enable Tomkins to represent the intellectual property business of these three countries and regions in an all-round and barrierless way even after the brexit. The immediate effect of brexit on intellectual property

Leaving the eu will not have an obvious impact on the UK or the European intellectual property system in the short term, but its potential impact should never be ignored.

For now, eu trademarks remain in full force and effect in the UK. When brexit comes into effect, the UK will put forward the corresponding conversion protection mechanism to convert the registered eu trademarks into British domestic trademarks. For the expired British trademarks, if you have a European trademark registration certificate, it is possible to apply for restoration.

However, it should be noted that some trademarks have been registered in the whole eu, but only used in the UK. If such trademarks are revoked in the UK, their validity in the whole eu may be challenged. In view of this, the company should check whether it holds such eu trademarks as soon as possible. If so, please consider how to avoid potential problems and risks and protect your trademark rights to the maximum extent.

If a company holds a trademark license agreement, it may also need to adjust and clarify the trademark license agreement after brexit comes into effect.

The European Patent Office and the European Patent Convention are separate institutions and legal systems from the eu, so brexit will not affect the existing European Patent system. Even after brexit, the UK will remain a party to the global Patent Cooperation Treaty and EPC, so the Patent application process and scope of protection in Europe will not be affected by brexit.

It should be noted that brexit will inevitably bring many uncertainties to the new "unified European patent system" that is being prepared. The new "European unified patent system" is based on eu law, which makes it uncertain whether post-brexit Britain will be able to join the new system unimpeded. In addition, the European Unified Patent system fundamentally relies on the establishment of a Unified Patent Court. As the Unified Patent Court itself is complex in both establishment and enforcement mechanisms, it further complicates the Unified Patent system from its establishment to its later development. For example, one of the UPC's hubs is currently slated to be based in London, but the ability to set up a hub in London after brexit will be in question. In addition, the UPC's entry into force requires the UK to sign it along with at least a dozen other eu countries. But as things stand, it is difficult to judge whether the UK will be able to sign the deal after brexit. All in all, the impact of brexit on the future direction of Europe's unified patent system remains to be seen.

The situation of European Community Design is similar to that of eu trademarks. The community design will remain in effect in the UK until brexit takes effect. After brexit, the community design will no longer be valid in the UK. At that time, the United Kingdom will also introduce a transition mechanism for community design, which will transform and protect the registered community design. We also advise companies to start thinking about how to respond to this shift as soon as possible.

Although national copyright laws in the eu tend to be harmonised, brexit will not affect copyright protection, given that national copyright laws are still subject to independent national laws.

Tomkins will continue to provide you with the most authoritative and reliable intellectual property agency in the UK, despite the uncertainty brought by brexit. We will leverage Ireland's unique political, economic and linguistic strengths in Europe and continue to safeguard your intellectual property rights in the UK, Ireland and throughout Europe with our expertise.

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Essay范文--The American pension system

2019-01-25 13:48:22 | 日記
给大家推荐一篇关于 The American pension system essay范文,供大家参考学习,这篇论文讨论了美国的养老保险金制度。社会养老保险项目作为联邦政府强制性的养老保险金制度,覆盖几乎所有的就业人员,是美国社会养老保险金制度的基石。其核心是政府对劳动者及其雇主按照一定工资比率统一征“社会保障税”,这是美国仅次于个人所得税的第二大税种。社保税与其他的政府收支完全分开,单独进入联邦社会保障署设立的“社会保障信托基金”,后者即是政府发给民众养老金的来源。

On August 14, 1935, after the great depression, US President Franklin Roosevelt signed the social security act, which provided social security for the unemployed and poor elderly and initiated the age of American pension insurance. Currently, 54 million Americans receive social security coverage, including 38 million retired employees and their family members, 10 million Americans with disabilities and their families, and 6 million employee survivors. Generally speaking, the current pension insurance system in the United States includes three parts: the social security program forced by the government, the pension plan funded by the employer, and the individual retirement account established by the employee voluntarily. The three supplement each other and basically constitute the current American pension system.

As a mandatory pension system of the federal government, the social endowment insurance project covers almost all employees and is the cornerstone of the American social endowment insurance system. At its core, the government levies a uniform "social security tax" on workers and their employers at a certain wage rate, the second largest tax in the us after personal income tax. The tax is paid entirely separately from other government revenues and goes into the "social security trust fund" set up by the federal social security agency, which is the source of public pensions. For Americans, social security is a key source of income. In fact, more than half of the beneficiaries are older people over 65.

After years of efforts, the federal government of the United States has gradually realized the unification of the system, basically covering all the employed population. When the social security act came into force in 1935, it covered only industrial and commercial employees. In 1939, the survivors of the workers were added to the list. In the 1950s, people with disabilities, public servants, farm workers, freelancers, and military personnel were added. In fact, the American social endowment insurance system is funded by special tax. The fund operation mode is pay-as-you-go, independent budget, and the federal government finance provides the final guarantee. The social security and old-age pension plan is organized and managed by the federal government, and the social security fund is coordinated nationwide. The social security tax is paid by employees and employers respectively by 50%. There is a tax base cap for people with particularly high wage income. The basic condition that can get pension of social security annuities includes age and pay taxes contribution, legal get age is 65 years old, pay taxes contribution computation is to adopt plan point means, the least point that can get annuities is 40, plan 4 points at most every year. Generally speaking, the earliest age to receive a pension is 62 years old, but only 70% of the pension will be paid at this time, 85% of the pension will be paid at 65 years old, and the pension will be paid in full at 67 years old.

The pension insurance plan independently provided by the employer is a welfare-oriented pension system spontaneously provided by the enterprise, which is not mandatory. To be specific, on the one hand, it includes public sector pension plans, which refer to various pension plans provided by federal, state and local governments for their employees. On the other hand, it also includes the private sector pension plan, which refers to the pension plan provided by enterprises and some non-profit organizations and institutions for their employees. In 1875 American airlines established a private pension scheme. After World War II, with the rapid development of the American economy, more and more companies began to implement employer pension plans, which enhanced the attractiveness of their enterprises. The federal tax law in the United States in 1981, 401 (K), 403 (B) and specified in clause 457, government agencies, enterprises and non-profit organizations, such as different types of employers, for employees to establish funded pension account can enjoy preferential tax, a growing number of employer pension plans to start from the traditional type defined benefit plans to defined-contribution plans change. Both are non-mandatory employer pension plans, and treatment standards need to be negotiated between employers and employees. In addition, 401 (K) s require employees and employers to put a certain amount of money into their pension accounts, and employers provide employees with several investment portfolios to choose from to reinvest their account funds to maintain or increase their value. Both the money deposited into the account and its proceeds are tax-deductible, and the tax is only levied when an employee receives a pension from the account after retirement.

Specifically, most private DB pension plans adopt the employer's unilateral capital injection, the level of which shall be determined according to the investment income of the pension fund, while DC pension plans are generally paid by the employer and the employee in proportion. Because employers DB pension accounts for fund system, namely to form the employee's pension fund size and include all of the current and retired people accumulated pension rights, not allowed to exist hidden debts, also stipulates that a DB pension assets must be separated from the employer's assets, fund investment must be separated from the employer business, and DC pension plan for on-the-job employees of individual account, the principal and earnings is personal. It is worth noting that the federal government of the United States has set up a pension interest guarantee company in response to the possible investment failure of DB plan, to prevent the investment failure of individual funds from seriously damaging the interests of employees. The federal government adopted tax deferred or preferential policies to support the DC pension plan, which effectively promoted the development of the DC pension plan. However, the government does not guarantee pension investments in DC plans, and the investment risks are at the individual's own risk. In addition, the government has a strict and clear legal definition of the behavior of fund managers and investors. At the moment, to the vexation of the federal government, 50% of America's workforce is not covered by an employer's pension plan.

Individualretirement-mentaccounts are the main source of growing pension assets in the United States. The IRA was established in the 1970s as a voluntary individual pension scheme initiated by the government through tax incentives. The purpose of the IRA was, first and foremost, to provide employees with an institutional arrangement that would increase their post-retirement income on the basis of both systems, particularly in the case of large Numbers of employees not being included in employer-provided pension plans. The continued rapid growth of the IRA has been fueled by government tax incentives. At the end of 2012, 44.7 percent of American households had an IRA. In fact, as a long-term savings vehicle for U.S. citizens themselves, IRAS are open to all individuals under the age of 70 with an income, regardless of whether they participate in other pension plans. Compared with ordinary investment accounts, IRAS have various tax benefits such as tax exemption. Participants can determine the amount of contribution based on their income. However, IRAS have a maximum contribution limit, and participants can conduct investment management according to their specific situation and investment preference. At the same time, it has a good transfer mechanism, which allows participants to transfer funds of enterprise annuity plans such as 401 (K) to IRA when they change jobs or retire, so as to avoid unnecessary losses. As an important part of the American pension system, IRA is also a macro-control means frequently used by the American government. The increase of the tax exemption amount in the IRA account increases the huge amount of investment in the national IRA fund, which is invested in various industries in the United States through an effective investment system, thus promoting the economic development of the United States and enabling ordinary Americans to share the benefits of economic growth.

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