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Article
Publication date: 2 July 2018

Afroza Begum

This paper aims to investigate the Indian legal and judicial approaches to well-known trademark (WT) by placing special focus on the way the judiciary has striven to foster the…

Abstract

Purpose

This paper aims to investigate the Indian legal and judicial approaches to well-known trademark (WT) by placing special focus on the way the judiciary has striven to foster the regulatory goal of defending the distinctiveness of WT.

Design/methodology/approach

The research is based on primary and secondary resources; especially, the paper critically examines the central piece of legislation relevant to WT and analyses and compares a number of important judicial decisions of India.

Findings

Despite some limitations, the judicial initiatives reflect an impressive progression towards WT, and given the contemporary commercial imperatives backed up by technological advances, the interconnectedness of economies and global corporisation, such a progression is indispensable.

Research limitations/implications

The research involves only the legal aspects of WT; therefore, the social and economic implication is beyond the scope of it.

Practical implications

Even though the legal and judicial attempts in India have raised an inevitable tension between different competing claims and are in some instances intensely debated, a review of existing resources evidences a series of effective methods and practices where a balance can sensibly be drawn between those claims.

Details

Journal of Financial Crime, vol. 25 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 15 October 2021

Afroza Begum

This paper aims to promote corporate culture (CC) of compliance to ensure responsible business by motivating self-felt and self-imposed strategies by corporations in Australia. It…

Abstract

Purpose

This paper aims to promote corporate culture (CC) of compliance to ensure responsible business by motivating self-felt and self-imposed strategies by corporations in Australia. It argues that the way “legal compliance” is pursued in Australia may develop undesirable features within corporate internal affairs ranging from adverse reactions to resentment rationalising or concealing of misconduct. This study showcases that the integration of corporation and ethical values in the compliance governance is inevitable to sustain productive CC and public trust in businesses.

Design/methodology/approach

This research is based on existing primary and secondary legal resources and different reports, including the Royal Commission’s Report 2019 and public submissions. It attempts to establish a claim that a self-felt and self-motivated approach to legal compliance contemplated by commitment and devotion to the company, and its consumers instead of external control can achieve consistent and positive outcomes that benefit both the company and its stakeholders.

Findings

While the sanction-deterrence based legal directives provide a strong and sophisticated foundation for detecting and punishing inappropriate culture and have traditionally been effective in fostering compliance, the inclusion of ethical values in the regulatory approach and self-led corporate strategies are required to stimulate sustained compliance, accountability and public trust.

Practical implications

There has been a dearth of intellectual inquiries (to the best of the author’s knowledge) about the role of CC and self-imposed corporate strategies in ensuring legal compliance. This paper will contribute to filling this gap in the legal literature and the wider academic deliberation on the standard and effectiveness of CC.

Originality/value

This research is the author’s original work and has not been submitted elsewhere for publication.

Details

Journal of Money Laundering Control, vol. 25 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 3 October 2016

Afroza Begum and S.M. Solaiman

This paper aims to investigate corporate social responsibility (CSR) in corporate business and stimulate a debate on this to combat the modern day slavery in Garment Industries…

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Abstract

Purpose

This paper aims to investigate corporate social responsibility (CSR) in corporate business and stimulate a debate on this to combat the modern day slavery in Garment Industries (GIS) in Bangladesh.

Design/methodology/approach

This research has drawn on media, non-governmental organisations and a series of national and international reports and on relevant materials from both primary and secondary legal resources.

Findings

The existing phenomena in Bangladesh surrounding Rana Plaza (RP) disaster stand in sharp contrast with CSR which inevitably offend the dignity and core values of human beings as deeply entrenched in a range of national and international instruments. RP disaster was a man-made catastrophe that could have been surely averted had the three actors (such as RP, the government and the foreign buyers being multinational corporations) performed their respective obligations in due course.

Research limitations/implications

CSR is still an intensely debated issue, especially in terms of its scope and limitation. This study has not delved into these issues.

Practical implications

There has been a dearth of intellectual inquiries (to the best of the authors’ knowledge) about CSR in GIS in Bangladesh. It is submitted that this paper will contribute to filling the gap in the legal literature, especially in relation to the responsibilities of the three actors, and to contest another human catastrophe in the future.

Social implications

In particular, it is expected that the findings would play an important role in empowering relevant stakeholders including the impoverished workers who have been the most disadvantaged, and overlooked by the three actors.

Originality/value

This paper is the original work of the authors and has not been submitted elsewhere for publication.

Details

Journal of Financial Crime, vol. 23 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 28 April 2020

Afroza Begum

This paper aims to critically analyse the Criminal Code Amendment (Bribery of Foreign Public Officials) Act 1999 and Crimes Legislation Amendment (Combating Corporate Crime) Bill

Abstract

Purpose

This paper aims to critically analyse the Criminal Code Amendment (Bribery of Foreign Public Officials) Act 1999 and Crimes Legislation Amendment (Combating Corporate Crime) Bill 2017 with special focus on the facilitation payment (FP) defence by referring to the UK Bribery Act 2010. The study will showcase how FP promotes disrespect for a good corporate culture inevitable for responsible and sustained business and as to why FP must be abolished to make the Australian regulation consistent with the international standards.

Design/methodology/approach

This research is based on primary and secondary sources including the Senate Committee Reports and recent legislative developments in Australia, and the relevant law of the UK.

Findings

Australia is lagging far behind comparative jurisdictions including the UK, and the FP defence must be abolished to make the Australian regulation consistent with the international standards and to foster international business backed up by globalisation, competition and interconnectedness of national economies.

Originality/value

This paper is the original work of the author and has not been submitted elsewhere for publication.

Details

Journal of Financial Crime, vol. 27 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 3 May 2013

Afroza Begum

The regulatory approach to insider trading (IT) in Australia is premised on a “blend” of fairness and efficiency which has generated an important controversy. The study aims to…

Abstract

Purpose

The regulatory approach to insider trading (IT) in Australia is premised on a “blend” of fairness and efficiency which has generated an important controversy. The study aims to investigate this controversy by critically analysing the way the policy maker and judiciary have been striving to accomplish the regulatory goals based on this blend.

Design/methodology/approach

This research is based on existing primary and secondary legal resources.

Findings

Regulation of insider trading (IT) with an appropriate enforcement mechanism has become an important issue in Australia. As part of this, a range of legal studies have unveiled significant difficulties in successfully prosecuting insiders which largely reflect a serious disappointment with the operation of the IT law. Whilst the output of this research motivates and enhances a broad scholarly debate on the credibility of the current regime in combating IT and in generating a strong form of deterrent against prospective insiders, there has been a dearth of intellectual inquiries (to the best of the author's knowledge) backed up by a reliable assessment about the merits of the law, and especially about the issue of how the courts are applying a “blend” of the two policy rationales: market fairness and market efficiency in resolving particular circumstances. It is submitted that this paper will contribute to filling this gap in the legal literature and the wider academic deliberation on the quality and effectiveness of the IT regime.

Originality/value

This paper is the original work of the author and has not been submitted elsewhere for publication.

Details

Journal of Financial Crime, vol. 20 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

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