Property Rights, Restrictions and Responsibilities

DEFF Research Database (Denmark)

Enemark, Stig

more to a social, ethical commitment or attitude to environmental sustainability and good husbandry. This paper provides an overall understanding of the concept of land administration systems for dealing with rights, restrictions and responsibilities in future spatially enabled government. Finally......Land Administration Systems are the basis for conceptualizing rights, restrictions and responsibilities related to people, policies and places. Property rights are normally concerned with ownership and tenure whereas restrictions usually control use and activities on land. Responsibilities relate...

Chapter 5: The numerus clausus of property rights

NARCIS (Netherlands)

Akkermans, Bram; Graziadei, Michele; Smith, Lionel

2017-01-01

The numerus clausus of property rights is one of the fundamental principles of property law. It refers to the idea that both the number and content of property rights is limited and is traditionally placed in contrast to party autonomy, which reigns in contract law. Parties can only shape their

APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS

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Cornelia DUMITRU

2015-07-01

Full Text Available The ownership, either public or private, is an expression for appropriating goods. Consequently, the appropriation takes the form of private (i.e. private property and common forms (i.e. public property. The common law property defines appropriation as „a deliberate act of acquisition of something, often without the permission of the owner”, but the intellectual property rights do not protect goods. Particularly in this case „the object” of appropriation does not represent a „res nullius” simply because the intellectual property right arises from the act of creation, therefore the appropriation of somebody else’s creation becomes equivalent with stealing (plagiarism. Consequently, if we are to admit that the authors have a right of ownership over them, then ownership in intellectual property law has (it must have other manifestations than those known and accepted in the common law of property.

The trade of virtual water: do property rights matter?

Science.gov (United States)

Xu, Ankai

2016-04-01

My paper examines the determinants of the virtual water trade - embodied in the trade of agriculture products - by estimating a structural gravity model. In particular, it tests the relationship between property rights and the export of water-intensive agricultural products based on water footprint data in Mekonnen and Hoekstra (2011, 2012). Using two different measures of property rights protection, I show that countries with weaker property rights have an apparent comparative advantage in the trade of water-intensive products. After controlling for the economic size, natural resource endowments, and possible effects of reverse causality, the trade flow of virtual water is negatively and significantly correlated with the property rights index of the exporting country. Holding other factors constant, one point increase in the property rights index of a country is associated with a 24% - 36% decrease in its virtual water export, whereas a 1% increase in the natural resource protection index of a country is associated with a 16% decrease in its virtual water export. This paper is the first empirical work that tests the relationship between property rights and trade of water-intensive products, offering a new perceptive in the debate of virtual water trade. The findings provide a possible explanation on the paradoxical evidence that some countries with scarce water resources export water-intensive products. The result is important not only in terms of its theoretical relevance, but also its policy implications. As prescribed by the model of trade and property rights, when countries with weaker property rights open to international trade, they are more likely to over-exploit and thus expedite the depletion of natural resources.

The right of property and its social function

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Erida Pejo

2017-11-01

Full Text Available Rights of property are the main prerequisites for the existence of any political society, as it is an objective necessity for their normal functioning and continuity. Property and right of property are the constituent of autonomous life in the realization of the world of individual or collective goals, without the protection and guarantee of which, it is oft en stated that the respect and enjoyment of the entirety of other constitutional rights cannot be imagined. Rights of property are presented and considered as one of the most important issues of legal and political doctrines, and it represents one of the fundamental issues of national and international policy. The classic liberal property concept has dominated the modern legal and political debates and imagination. The property institution is oft en conceived as a quasi absolute subjective right, a concept that, in the modern era, competes with alternative concepts that have influenced both state policies and modern legal culture and consciousness, the consequences of which are reflected in legal systems. One of the most influential alternative concepts is the social function of property,1 of course in modern legal culture the property is understood as an individual right, limited not only by the rights of others, but also by the public interest. Thus, modern legal thinking, although it regards it as a basic element of the normal functioning of the Rule of Law, the private property institution has given a new emphasis to this right, altering the basis for the attribution of property power by the fact that, the relation of the individual to his/ her personality in a social organization, is considered as substantive to the juridical order, therefore the volume of ownership power may not be more unconditional. The social function cannot be identified with the external limitation of ownership which is reserved to collectivity, but it is presented as an elitist, unifying expression of the

Democracy, property rights, income equality, and corruption

OpenAIRE

Dong, Bin; Torgler, Benno

2011-01-01

This paper presents theoretical and empirical evidence on the nexus between corruption and democracy. We establish a political economy model where the effect of democracy on corruption is conditional on income distribution and property rights protection. Our empirical analysis with cross-national panel data provides evidence that is consistent with the theoretical prediction. Moreover, the effect of democratization on corruption depends on the protection of property rights and income equality...

The practice of property rights in rural China

NARCIS (Netherlands)

Li, Juan

2017-01-01

In the economic transition of the past decades, China has seen remarkable economic growth without robust property rights. In an era of urban transformation premised on large-scale rural land conversion, those ill-defined property rights have, without hindering economic growth, led to increasing

The Transfer of Property Rights by Theft

DEFF Research Database (Denmark)

Rose, Caspar

2005-01-01

jurisdictions treat this issue differently. The traditional theory suggests that there is a tradeoffbetween the costs of protecting the good and the costs of verifying the ownership. However, asshown, the rule of law concerning this issue significantly affects parties' incentives. Specifically, itis shown...... the ownership when good faith is decisive for the transfer of property rights.JEL Classification: K11, K14 and K42Keywords: property right law, theft, good faith and game theory...

The Form of Property Rights: Oligarchic vs. Democratic Societies

OpenAIRE

Daron Acemoglu

2003-01-01

This paper develops a model where this is a trade-off between the enforcement of the property rights of different groups. An oligarchic' society, where political power is in the hands of major producers, protects their property rights, but also tends to erect significant entry barriers, violating the property rights of future producers. Democracy, where political power is more widely diffuesed, imposes redistributive taxes on the producers, but tends to avoid entry barriers. When taxes in dem...

Global property rights. The Kyoto protocol and the knowledge revolution

International Nuclear Information System (INIS)

Chichilnisky, G.

2006-01-01

This paper is about the origin of today's global environmental problems, and how to resolve them. At stake are catastrophic risks from global warming and damage to the world's biodiversity that ranks as the planet' sixth great extinction. The origin of today's global environmental problems is a historic difference in property rights regimes between industrial and developing countries, the North and the South. The solutions we suggest involve redefining property rights in the use of the global environment as well as in knowledge. We discuss the Kyoto Protocol's new systems of property rights on the use of the planet's atmosphere, and propose a parallel system of property rights on knowledge. Resources such as forests and oil and other mineral deposits are owned as private property in industrial countries but they are treated as common or government property in developing countries. Ill-defined protected property rights lead to the over-extraction of resources in the South, such as timber and oil. They are exported at low prices to the North that over-consumes them. The international market amplifies the tragedy of the commons, leading to inferior solutions for the world economy as a whole (Chichilnisky 1994). Updating property rights on resources in developing countries would face formidable opposition. The lack of property rights in inputs to production, such as timber and oil, could be compensated by assigning property rights on by-products of outputs. The 1997 Kyoto Protocol provides an example as it limits the countries' rights to emit carbon, a by-product of burning fossil fuels. Our suggestions for trading emissions rights (Chichilnisky 1995, 96) was adopted in the Kyoto Protocol, yet the atmosphere's carbon concentration is a global public good, which makes trading tricky. Trading rights to forests' carbon sequestration services or to genetic blueprints would also be trading global public goods. Markets that trade public goods have been shown to require a

Spatial transferring of ecosystem services and property rights allocation of ecological compensation

Science.gov (United States)

Wen, Wujun; Xu, Geng; Wang, Xingjie

2011-09-01

Ecological compensation is an important means to maintain the sustainability and stability of ecosystem services. The property rights analysis of ecosystem services is indispensable when we implement ecological compensation. In this paper, ecosystem services are evaluated via spatial transferring and property rights analysis. Take the Millennium Ecosystem Assessment (MA) as an example, we attempt to classify the spatial structure of 31 categories of ecosystem services into four dimensions, i.e., local, regional, national and global ones, and divide the property rights structure into three types, i.e., private property rights, common property rights and state-owned property rights. Through the case study of forestry, farming industry, drainage area, development of mineral resources, nature reserves, functional areas, agricultural land expropriation, and international cooperation on ecological compensation, the feasible ecological compensation mechanism is illustrated under the spatial structure and property rights structure of the concerned ecosystem services. For private property rights, the ecological compensation mode mainly depends on the market mechanism. If the initial common property rights are "hidden," the implementation of ecological compensation mainly relies on the quota market transactions and the state investment under the state-owned property rights, and the fairness of property rights is thereby guaranteed through central administration.

Expiration of private property rights: a note

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Walter E. Block

2015-05-01

Full Text Available According to libertarian law, upon what occasions may a person’s private property rights in goods, commodities, in himself, be alienated from him? The present paper is an attempt to wrestle with this question. We consider abandonment, punishment, salvage, misplacement, liberation of property.

On the Macroeconomic Effects of Establishing Tradability in Weak Property Rights

DEFF Research Database (Denmark)

Eliasson, Gunnar; Wihlborg, Clas

2003-01-01

effects of strengthened property rights, dependboth on the particular strategy a firm employs to secure property rights, and the protectionoffered by law. Economic property rights can be strengthened if the originator can findinnovative ways to charge for the intangible assets. The extreme complexity....... For a realistic analysis we introduce a Schumpeterian market environment (theexperimentally organized economy). Weak property rights prevail when the rights to access,use, and trade in intangible assets cannot be fully exercised. The trade-off between the benefitsof open access on the Internet, and the incentive...

Property Rights in Women's Empowerment in Rural India: A Review

OpenAIRE

Roy, Kartik C.; Tisdell, Clement A.

2000-01-01

This paper examines the importance of property rights in women’s empowerment in rural India. Arguments justifying the need for granting property rights to women are presented and the distinction is made between legal (formal) and customary (informal) rights. The ineffectiveness of legal right in absence of customary rights has been discussed. Customary rights also become ineffective due to other institutional impediments. These impediments have been discussed. The results of extensive field w...

Intellectual Property Rights Management

DEFF Research Database (Denmark)

Alkærsig, Lars; Beukel, Karin; Reichstein, Toke

-identify with and which will allow companies to focus on the IP and IP Management issues most relevant to them. By doing so, the authors offer further insights as to the use of IP and IP management practices across firms. By looking at empirical data covering the population of firms, the findings not only pertain......Intellectual Property Rights Management explores how the entire toolbox of intellectual property (IP) protection and management are successfully combined and how firms generate value from IP. In particular, this book provides a framework of archetypes which firms will be able to self...... to large organization but also reflect the practices and operations that reside in SMEs. This volume also utilizes labor market and firm data to determine whether there is a definitive relationship between IP and economic performance on the firm level....

Judicial Protection of Private Property Rights in Ethiopia: Selected ...

African Journals Online (AJOL)

Hailu_Elias_&_Muradu

“Property Rights Protection and Private Sector Development in Ethiopia” which was .... Even if land has come under public ownership in Ethiopia since 1975, these ... may be capital contributions and in effect, the ownership of the use right over ..... Ethiopian Intellectual Property Office (EIPO) did not hesitate to register this.

Intellectual property rights in china: patents and economic ...

African Journals Online (AJOL)

Intellectual property rights in china: patents and economic development. ... AFRICAN JOURNALS ONLINE (AJOL) · Journals · Advanced Search · USING ... there are still patents and other IP related rights infringement and enforcement issues.

Property Rights and the Resolution of Social Conflict

Science.gov (United States)

Ross, Hildy; Conant, Cheryl; Vickar, Marcia

2011-01-01

It has long been argued that ownership depends upon social groups' establishing and adhering to rights such as the right to use and to exclude others from using one's own property. The authors consider the application of such rights in the interactions of young peers and siblings, and the extent to which parents support their children in…

Renegotiating property rights in the Florida golden crab fishery

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Scott Crosson

2013-08-01

Full Text Available The golden crab (Chaceon fenneri supports a small, economically healthy fishery in south Florida. Crabbers in the fishery have successfully protected themselves against larger outside fishing interests in the past, and management has been stable for over fifteen years.  Why, then, did a portion of the fleet propose shifting to individual transferable quotas (ITQs?  Our findings suggest that proponents sought ITQ management because they believed it would further limit the ability of other crabbers to enter the fishery and act as a mechanism to legally preserve the informal and formal property rights that they have previously negotiated among themselves. Opponents believed that a shift to an ITQ regime would destroy those same property rights.  We explore the implications of these findings to a broader understanding of property rights and natural resource management institutions, noting that the currently existing system closely resembles a territorial use rights fishery (TURF.

Who owns the Atoms? Nanotechnology and Intellectual Property Rights

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Tomás Javier Carrozza

2015-05-01

Full Text Available In Latin America, under the premise of enhancing economic competitiveness, there has been an exponential increase in investments in the development of nanotechnologies. In this context, the discussion about intellectual property rights with regards to nanotechnology is increasingly central to public debates. However, in comparison with the attention that this issue has attracted in both public and private contexts, there has been little academic analysis published on property rights and nanotechnology. This article problematizes the application of property rights in the development of nanotechnologies through a critical literature review of the existing literature on the topic. From this analysis, the key issue of the restrictions imposed on the application of patents on ‘first generation’ products is analyzed. This question pits those who claim rights to royalties to recoup R and D investments made to develop these technologies against those who argue for open access to science and technology.

Conceptual Foundations of Property Rights: Rethinking De Facto ...

African Journals Online (AJOL)

... unlawful logging and overgrazing. The article attempts to show that it is usually impossible to effectively exclude persons from the use and overconsumption of commonpool resources in Ethiopia in the absence of well-defined and effectively implemented public property regime, or unless the property rights of indigenous ...

Intellectual property rights vs. public access rights: ethical aspects of the DeCSS decryptation program

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Robert Vaagan

2005-01-01

Full Text Available Introduction. In 1999-2000, a Norwegian youth cracked a DVD-access code and published a decryptation program on the Internet. He was sued by the US DVD Copy Control Association (DVD-CCA and the Norwegian Motion Picture Association (MAP, allies of the US Motion Picture Association of America (MPAA, arrested by Norwegian police and charged with data crime. Two Norwegian court rulings in 2003 unanimously ruled that the program did not amount to a breach of Norwegian law, and he was fully acquitted. In the US, there have been related cases, some with other outcomes. Method. Based on a theoretical framework developed by Zwass, the paper discusses these court rulings and the wider issues of intellectual property rights versus public access rights. Analysis. The DVD-Jon case illustrates that intellectual property rights can conflict with public access rights, as the struggle between proprietary software and public domain software, as well as the SPARC and Open Archives Initiative reflect. Results. An assessment of the DVD-Jon case based on the Zwass framework does not give a clear information ethics answer. The analysis depends on whether one ascribes to consequentialist (e.g., utilitarian or de-ontological reflection, and also on which side of the digital gap is to be accorded most weight. Conclusion. While copyright interests are being legally strengthened, there may be ethically- grounded access rights that outweigh property rights.

Property rights in human gametes in Australia.

Science.gov (United States)

White, Vanessa

2013-03-01

It has long been a basic tenet of the common law that there can be no property interest in human bodies or body parts. However, exceptions to the rule have been recognised from the mid-19th century and developed over time. In the early 21st century, there have been interesting developments in the common law of Australia and England, with Australian Supreme Court judges and the English Court of Appeal casting aside existing exceptions, and finding property rights in human body parts, including gametes, by relying instead on a "rational" and "logical" basis to identify property interests in human body parts.

GROUNDS FOR LIMITING PROPERTY RIGHTS IN THE APPLICATION OF TEMPORARY SEIZURE OF PROPERTY IN CRIMINAL PROCEEDINGS

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Tetiana Suprun

2018-01-01

Full Text Available The purpose of the paper is to investigate reasons for the restriction of property rights in the application of temporary seizure of property in criminal proceedings and to determine promising directions for further research on the issues. The issue of measures to ensure criminal proceedings and observance of human and civil rights and freedoms was investigated by a number of domestic scientists, but the degree of investigation of grounds for restricting property rights in the application of temporary seizure of property in criminal proceedings in the context of amendments made to the CPC of Ukraine in recent years remains insufficient. That is why the study of the grounds for limiting property rights in the application of temporary seizure of property in criminal proceedings is now of particular urgency. Methodology. Methodological basis of the research is a set of philosophical, general scientific, special scientific methods. The method of logical-semantic analysis is used to clarify the meaning of multi-valued concepts, the application of the method of system analysis allowed investigating the place of the institute of property rights in legal literature and legislation of Ukraine. The method of grouping and the system and structural approach are used for classifying the distribution, ascertaining the internal structure, and analysing the interconnections between elements of the concept of ownership and the category of property rights restriction. Results. The paper examines the factual and formal legal grounds for limiting the ownership of a suspect, accused, and other persons in the application of temporary seizure of property in a criminal proceeding. The conclusion is drawn on the need to clarify the factual grounds for the temporary seizure of property for cases where such a seizure is carried out by a person who has carried out legal detention in the manner prescribed by Articles 207, 208 of the CPC of Ukraine and is not an investigator

ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS

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Ruxandra I. CHIRU

2017-05-01

Full Text Available The present study is aimed for the intellectual property rights holders and specialists in intellectual property law, that are invited to use, promote and implement arbitration as a winning alternative means of solving disputes. The author presents the arbitration as the main method of alternative dispute resolution and analyses the conditions in which arbitration may be used for settling disputes related to intellectual property rights. In this respect, the paper largely presents the main conditions: the dispute has to be liable for settlement by means of arbitration, the parties have to conclude an arbitration agreement, the arbitration agreement has to be valid and effective and the dispute has to be included in the provisions of the arbitration agreement. The author also reviews the types of arbitration used by the World Intellectual Property Organization Centre for Arbitration and Mediation, the World Trade Organization, the Romanian Copyright Office and the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, presenting some ruling of arbitral tribunals concerning arbitrability issues.

The Property Right and the Requirements of Environmental Protection

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Vasilica NEGRUŢ

2014-11-01

Full Text Available The environmental protection has lately become an essential component of the concept of sustainable development, along with the economic, social and cultural components. Being an objective of public interest, the environmental protection and conservation are essential to ensure the habitat necessary for continuing the human existence. Considering this aspect, the limitation of ownership required by certain laws has both a social and moral justification, the environmental protection having a direct link with the level of public health, which is a value of national interest. The legal limits of the ownership are restrictions brought by the law, considering aspects regarding the general interest of society. In this article we intend to emphasize, on the analysis and comparison of legislation and case law, the nature of the relationship between ownership of property and environmental rights, as well as the limitations of property rights in favor of environmental protection. As a conclusion, the environmental easements meet a wide national and international recognition and guarantee, the holder of the property having to exercise it in the interest of the whole community, including the protection and conservation of the environment. At the same time, we must consider that the right to property and environment are fundamental rights guaranteed by the Romanian Constitution itself, which makes us conclude that they converge and mutually enrich across the fundamental duties as well.

Environment and economy: Property rights and public policy

International Nuclear Information System (INIS)

Bromley, D.J.

1991-01-01

For much of its history, environmental economics has sought to modify public policy in order to achieve efficient use and management of environmental resources. The results of this attempt, however, have been dismaying for the most part, and environment public policy continues to differ from the course of action prescribed by economic analysis. Some economists have begun to acknowledge that the reasons for this gap between economic theory and public policy may lie in environmental economics itself rather than in poor policy choices. That is the message sent in this book by Daniel Bromley, who joins S.V. Ciriacy-Wantrup, Allan Schmid, and others in a strong internal critique of the discipline and, in particular, of the 'property rights school' of Coase, Demsetz, and other advocates of the market. Property rights are the common thread of this critique, which blames much of the failure of environmental economics to influence environmental policy on several fundamental misconceptions regarding property

A Short Introduction to Intellectual Property Rights.

Science.gov (United States)

Voss, Trina; Paranjpe, Arvin S; Cook, Travis G; Garrison, Nicole D W

2017-06-01

Intellectual property (IP) is a term that describes a number of distinct types of intangible assets. IP protection allows a rightsholder to exclude others from interfering with or using the property right in specified ways. The main forms of IP are patents, copyrights, trademarks, and trade secrets. Each type of IP protection is different, varying in the subject matter that can be covered, timeframe of protection, and total expense. Although some inventions may be covered by multiple types of IP protection, it is important to consider a number of business and legal factors before selecting the best protection strategy. Some technologies require strong IP protection to commercialize, but unnecessary costs can derail bringing a product to market. IP departments of organizations weigh these various considerations and perform essential IP protection functions. This primer introduces researchers to the main forms of IP and its legal aspects. Copyright © 2017 Elsevier Inc. All rights reserved.

Property Rights for Natural Resources Management in Indonesia: Have They Been Ruled Unconstitutional?

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Sarah Waddell

2012-05-01

Full Text Available A new property right known as the coastal waters commercial use right (Hak Pengusahaan Pengairan Pesisir (HP-3 introduced by Law No. 27 of 2007 regarding the Management of Coastal and Small Island Areas has been ruled inoperative by the Constitutional Court. The decision raises a question as to whether the door has been closed to marketbased instruments that rely on property rights as a policy tool in natural resources management. This concern is relevant as legal developments in natural resources law internationally have moved away from traditional forms of regulation to focus on the creation of new statutory property rights such as fisheries rights, water use rights and rights associated with carbon sequestration. An exploration of theConstitutional Court’s decisionsuggests that a similar line of reasoning would not, and should not,arise in relation to other forms of property rights that the Government of Indonesia may seek to introduce in the future.

Diversity of resource use and property rights in Tam Giang Lagoon, Vietnam

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Ta Thi Thanh Huong

2011-02-01

Full Text Available Since the early 1990s, aquaculture has become the most important livelihood activity in Tam Giang Lagoon, Vietnam. The aquaculture boom has reduced the available water area for mobile gear fishers, polarized different user-groups, created resource conflicts, and increased pressures on the lagoon systems. Aquaculture in the lagoon is governed by both customary and legal rights. The objective of this paper is to explore the diversity of resource use and the complexity of property rights in one of the villages located in the lagoon. The paper emphasizes the linkages between changes in commons institutions and changes in resource use and property rights. First, the political and socio-economic changes in Vietnam are examined as well as how they have influenced traditional commons institutions and lagoon resource management in the village. Second, the linkages between common institutions and the diversity of property rights are analyzed. Particular attention is given to the analysis of different types of resource use associated with "bundle of rights" and the diversity of property rights regimes in the village.

Measuring Institutions: Indicators of Political and Property Rights in Malawi

Science.gov (United States)

Fedderke, Johannes; Garlick, Julia

2012-01-01

This paper constructs a new set of institutional indicators for Malawi. We develop indicators of political rights, of freehold, traditional (communitarian) and intellectual property rights, based on the Malawian legislative framework. In exploring the association between our rights measures and a range of indicators of socio-economic development,…

The ethics of intellectual property rights in an era of globalization.

Science.gov (United States)

Shah, Aakash Kaushik; Warsh, Jonathan; Kesselheim, Aaron S

2013-01-01

Since the 1980s, developed countries, led by the United States and the countries of the European Union, have sought to incorporate intellectual property rights provisions into global trade agreements. These countries successfully negotiated the World Trade Organization's 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which required developing countries to adopt intellectual property provisions comparable to developed countries. In this manuscript, we review the policy controversy surrounding TRIPS and examine the two main ethical arguments articulated in its support--a theory of natural rights and a utilitarian argument. We contend that these theories provide insufficient bases for an intellectual property rights regime that compromises access to essential medicines in the developing world. While the policy community has engaged in active debate around the policy effects of TRIPS, scholars have not thoroughly considered the full ethical underpinnings of those policy arguments. We believe that a more robust understanding of the ethical implications of the agreement should inform policy discussions in the future. © 2013 American Society of Law, Medicine & Ethics, Inc.

RIGHT TO PROPERTY: THE LAND ACQUISITION ACT 1960 AND THE SHARIAH PERSPECTIVE

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Nor Asiah Mohamad

2013-08-01

Full Text Available Islamic law recognizes both private and community property. This community rights are manifested in forms of entitlement for charitable purposes, known as waqf or trusts,  sadaqah as well as  zakat. Under the Sha‘riah, however, ownership of all property ultimately rests with God. Though individual property rights are upheld, there is a corresponding obligation to share, particularly with those in need. In Malaysia, the right to property is a constitutional right and thus, the acquiring authority cannot deprive a person of his land in an arbitrary manner. This paper discusses the extent of which the acquisition law falls in line with Shari‘ah thus preserving the right to property as determined by Shari‘ah to individuals. Similarly, the paper also looks at some basic principles sustained by the court in determining whether the working of the acquisition law falls within the constitutional guarantee provided under Article 13 of the Federal Constitution and the Sha‘riah. A study of the case law reveals that human errors due to greediness and lack of responsibility have contributed to some of the problems in land acquisition.

The evolution of property rights: The strange case of Iceland’s health records

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Thráinn Eggertsson

2011-02-01

Full Text Available In her path-breaking work, Elinor Ostrom provides theoretical and empirical evidence suggesting that individuals often overcome the problem of collective action and arrange privately for the provision and allocation of public goods, including informal property rights. Ostrom has also found that local experimentation and self-governance often produce more effective results than rulemaking by the state. In his Coase Theorem, Ronald Coase arrives at a somewhat similar conclusion. Ostrom and Coase both recognize that high transaction costs can block private rule making. The new literature on institutions, however, has jettisoned the model of a benevolent welfare maximizing state: The state does not as a rule assign the license to create property rights to those who are most likely to provide efficient solutions. Still, private individuals often find various opportunities to supply their own informal rules and governance systems. In this paper, I examine recent evolution of property rights in Iceland’s national health records. My findings a support the hypothesis that the demand for exclusive and well-defined property rights depends directly on the value of the assets in question; b show that de facto rights, which are the effective economic property rights, can deviate from the corresponding de jure rights; c demonstrate the relevance of the Coase-Ostrom insight concerning the role of private ordering; and d provide evidence that competition between mental models can have a major role in the evolution of property rights.

Understanding the Consequences of Property Rights Mismatches: a Case Study of New Zealand's Marine Resources

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Tracy Yandle

2007-12-01

Full Text Available Within fisheries and natural resource management literature, there is considerable discussion about the key roles that property rights can play in building biologically and socially sustainable resource management regimes. A key point of agreement is that secure long-term property rights provide an incentive for resource users to manage the resource sustainably. However, property rights mismatches create ambiguity and conflict in resource use. Though the term mismatches is usually associated with problems in matching temporal and spatial resource characteristics with institutional characteristics, I expand it here to include problems that can arise when property rights are incompletely defined or incompletely distributed. Property rights mismatches are particularly likely to occur over marine resources, for which multiple types of resource and resource user can be engaged and managed under a variety of regulatory regimes. I used New Zealand's marine resources to examine the causes and consequences of these property rights mismatches. New Zealand is particularly interesting because its property-rights-based commercial fishing regime, in the form of individual transferable quotas, has attracted considerable positive attention. However, my review of the marine natural resource management regime from a broader property rights perspective highlights a series of problems caused by property rights mismatches, including competition for resources among commercial, customary, and recreational fishers; spatial conflict among many marine resource users; and conflicting incentives and objectives for the management of resources over time. The use of a property rights perspective also highlights some potential solutions such as the layering of institutional arrangements and the improvement of how property rights are defined to encourage long-term sustainability.

Institutional property rights structure, common pool resource (CPR), tragedy of the urban commons: A Review

Science.gov (United States)

Ling, G.; Ho, C. S.; Ali, H. M.

2014-02-01

There have been a plethora of researches on the significance of public open space (POS) in contributing to societies' sustainability. However, by virtue of identified maladaptive policy-based-property rights structure, such a shared good becomes vulnerable to tragedy of the urban commons (overexploitation) that subsequently leads to burgeoning number of mismanaged POS e.g., degraded and unkempt urban public spaces. By scrutinising the literatures within property rights domain and commons resources, an objective is highlighted in this paper which is to insightfully discourse institutional property rights structure pertaining to the mechanism, roles and interrelationship between property-rights regimes, bundle of property rights and resource domains; types of goods on how they act upon and tie in the POS with the social quandary. In summary, urban POS tragedy can potentially be triggered by the institutional structure especially if the ownership is left under open-access resource regime and ill-defined property rights which both successively constitute the natures of Common Pool Resource (CPR) within the commons, POS. Therefore, this paper sparks an idea to policy makers that property rights structure is a determinant in sustainably governing the POS in which adaptive assignment of property regimes and property rights are impelled.

Institutional property rights structure, common pool resource (CPR), tragedy of the urban commons: A Review

International Nuclear Information System (INIS)

Ling, G; Ho, C S; Ali, H M

2014-01-01

There have been a plethora of researches on the significance of public open space (POS) in contributing to societies' sustainability. However, by virtue of identified maladaptive policy-based-property rights structure, such a shared good becomes vulnerable to tragedy of the urban commons (overexploitation) that subsequently leads to burgeoning number of mismanaged POS e.g., degraded and unkempt urban public spaces. By scrutinising the literatures within property rights domain and commons resources, an objective is highlighted in this paper which is to insightfully discourse institutional property rights structure pertaining to the mechanism, roles and interrelationship between property-rights regimes, bundle of property rights and resource domains; types of goods on how they act upon and tie in the POS with the social quandary. In summary, urban POS tragedy can potentially be triggered by the institutional structure especially if the ownership is left under open-access resource regime and ill-defined property rights which both successively constitute the natures of Common Pool Resource (CPR) within the commons, POS. Therefore, this paper sparks an idea to policy makers that property rights structure is a determinant in sustainably governing the POS in which adaptive assignment of property regimes and property rights are impelled

Maori intellectual property rights and the formation of ethnic boundaries

NARCIS (Netherlands)

Meijl, A.H.M. van

2009-01-01

This article questions and contextualizes the emergence of a discourse of intellectual property rights in Māori society. It is argued that Māori claims regarding intellectual property function primarily to demarcate ethnic boundaries between Māori and non-Māori. Māori consider the reinforcement of

Risky Business: The Impact of Property Rights on Investment and Revenue in the Film Industry

OpenAIRE

Venkat Kuppuswamy; Carliss Y. Baldwin

2012-01-01

Our paper tests a key prediction of property rights theory, specifically, that agents will respond to marginal incentives embedded in property rights when making non-contractible, revenue-enhancing investments. (Grossman and Hart, 1986; Hart and Moore, 1990). Using rich project-level data from the U.S. film industry, we investigate variation in property right allocations, investment choices, and film revenues to test the distinctive aspects of property-rights theory. Empirical tests of these ...

Intellectual property rights and detached human body parts.

Science.gov (United States)

Pila, Justine

2014-01-01

This paper responds to an invitation by the editors to consider whether the intellectual property (IP) regime suggests an appropriate model for protecting interests in detached human body parts. It begins by outlining the extent of existing IP protection for body parts in Europe, and the relevant strengths and weaknesses of the patent system in that regard. It then considers two further species of IP right of less obvious relevance. The first are the statutory rights of ownership conferred by domestic UK law in respect of employee inventions, and the second are the economic and moral rights recognised by European and international law in respect of authorial works. In the argument made, both of these species of IP right may suggest more appropriate models of sui generis protection for detached human body parts than patent rights because of their capacity better to accommodate the relevant public and private interests in respect of the same.

Intellectual property rights, international trade and plant breeding

NARCIS (Netherlands)

Eaton, D.J.F.

2013-01-01

Seed is the physical embodiment of the invention of the plant breeder. Plant varieties thus constitute a special form of innovation, and an assessment of intellectual property right (IPR) systems needs to take this into account. This thesis concentrates on IPRs but breeders do have a number of means

Constitutional foundations of the property rights of citizens and organizations for real estate

Directory of Open Access Journals (Sweden)

Zarina Kamilevna Kondratenko

2015-09-01

Full Text Available Objective to develop a comprehensive scientific conception of the constitutional foundations of the property rights of citizens and organizations for real estate. Methods general and specific scientific methods including formal logical methods hypothesis analysis synthesis deduction induction. The special methods included historical legaltechnical interdisciplinary comparativelegal systemic and other methods of scientific cognition. Results first the Constitution of the Russian Federation does not contain detailed regulation of property relations as they are regulated by the branches of Civil law. Therefore as certain property disputes affect substantial property interests of physical and juridical persons which are not under the protection of property rights in the traditional sense there is a need for a broad interpretation of the relevant provisions of the Russian Constitution. However the mixing of proprietary and contractual rights in this case does not occur. Second the Russian Civil Code reproducing and specifying the constitutional provisions as principles of private law form a direct normative basis of the whole civil law. However the constitutional law attributes a broader meaning to the notions of property and property right than the traditional civil law. Third the possible limitations of the Federal law of the rights of ownership use and disposition of property as well as freedom of entrepreneurship and freedom of contract must meet the requirements of justice to be adequate proportionate be of general and abstract character be not retroactive and not affect the essence of constitutional rights i.e. not limit the scope and application of the substantive content of the relevant constitutional norms.The possibility of such limitations and their nature must be determinedby the need to protect the significant values ndash the foundations of the constitutional system morality health rights and lawful interests of other persons provision

The Effect Of The Original Acquisition Of Ownership Of Immovable Property On Existing Limited Real Rights

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Gerrit Pienaar

2015-12-01

Full Text Available It is an accepted principle in South African law that movable property acquired in an original way (by operation of law is not burdened by any limited real rights, as previous limited real rights are extinguished on the vesting of ownership (mobilia non habent sequelam. It is assumed by some South African writers that the same principles are applicable to the original acquisition of immovable property and that all existing limited real rights fall away on original acquisition of ownership. In this article the nature of limited real rights to immovable property is examined, and the notion that ownership is the "mother" right on which all limited real rights are based is scrutinised critically. The nature and establishment of limited real rights are used to distinguish between the essence and effect of limited real rights in the case of immovable property. The recognition of limited real rights as constitutional property is used as a further argument that limited real rights cannot be extinguished automatically by the original acquisition of immovable property, as such common law or statutory measures will constitute an arbitrary deprivation of property in terms of section 25 of the Constitution. The statutory provisions regarding limited real rights in the case of prescription and expropriation are then analysed as an indication that it is not a general principle that limited real rights are extinguished automatically on the original acquisition of ownership of immovable property.

Private Property Rights and Compulsory Acquisition Process in Nigeria: the Past, Present and Future

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Akintunde OTUBU

2012-11-01

Full Text Available Objectives: A property right is the exclusive authority to determine how a resource is used, whether that resource is owned by government or by individuals. In the context of land, it is the authority of the land owner to determine its use or otherwise. On the other hand, compulsory acquisition is the process by which government obtain land from private owners for development purposes in the best interest of the community. These diametrically opposed concepts of property rights and compulsory acquisition is reconciled with the payment of compensation for the extinguishment of private property rights. Implications: In Nigeria, these two concepts have a history of mutual conflicts, resulting in congruous resolutions most of the time, until the introduction of the Land Use Act 1978. With the coming of the Act, the pendulum has tilted in favors of compulsory acquisition to the detriment of private property rights; as compensation fails to assuage the loss occasioned by expropriation. Value: The paper explored the dichotomy between private property rights and compulsory acquisition in Nigeria in the last 50 years and submitted that the process under the Land Use Act changed the equilibrium that existed between these two concepts and produced a skewed and unfavorable result to the detriment of private property rights and National economy. It finally proposed a new equitable arrangement to the quagmire.

The rights of a Florida wife: slavery, U.S. expansion, and married women's property law.

Science.gov (United States)

Clark, Laurel A

2010-01-01

Civil law rules were adopted in Florida that granted married women property rights long before legal reforms occurred in northern states. This article analyzes white wives' property and law in Florida between 1820 and 1860. Initially, married women's property rights were inadvertently protected by treaty law and limited to women who married before 1818. Wives' right to own separate property in Florida was subsequently reconfirmed in statute and extended to include later marriages. In contrast, nonwhites generally lost the rights and property they had enjoyed under Spain's civil law in the same period. This contrast reveals that in Florida (and other southern borderlands) it was not concern for women, or simply legal precedent, but the desire to incorporate new territory and expand slavery that influenced the development of marital property law. This challenges previous histories, which have excluded the earlier acts in the Southern borderlands and emphasized those passed in the Northeast beginning in the late 1840s. While those later acts were influenced by the early woman's rights movement and by concern for families reduced to poverty during the rise of market capitalism, this case study indicates that expansion of United States territory and slavery were responsible for the earlier married women's property rights in southern borderland territories such as Florida.

The right of servitude between public interest and undisturbed use of private property

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Petovar Ksenija

2011-01-01

Full Text Available For obtaining the land in order to build the magistral pipeline a specific form of land expropriation is applied, namely the Right of servitude. The Right of servitude can be realized on the basis of established public interest, which can be defined according to the spatial plan of the relevant area. The Right of servitude is analyzed from the point of its influence on the respect of basic human rights of property owners to enjoy their property in safety and without disturbance. Current legal framework in Serbia that regulates procedures for acquiring land for the purpose of public interest allows for breach of private property rights. There is a mutual inconsistency between a number of decrees that regulate property rights for large infrastructural development projects. A specific, and possibly a greater problem, is the status of the local population, the land owner and other real estate. It concerns their awareness of their private and individual rights, as well as technical and other legal standards, which must be applied during the preparation, construction and working stages of an energy facility. Applying the Right of servitude as a way to acquire land for construction of the Pipeline, there is direct breach of the basic human right as stated in the first Protocol of the European Convention on Human Rights, namely that ‘every natural or legal person is entitled to the peaceful enjoyment of his possessions’ (Article 1, Protocol 1. The Right of servitude allows the investor to use ‘public interest’ as a way of gaining access to another’s land, and under better financial conditions than if he were to apply permanent expropriation. While the owner retains his/her ownership of the land, inconvenienced by numerous limitations of its use, usability and market value of the land becomes substantially reduced.

The Industrial Property Rights Education in Collaboration with the Creative Product Design Education

Science.gov (United States)

Tokoro, Tetsuro; Habuchi, Hitoe; Chonan, Isao

Recently, the Advanced Courses of Electronic System Engineering and Architecture and Civil Engineering of Gifu National College of Technology have introduced a creative subject, “Creative Engineering Practice”. In this subject, students study intellectual property rights. More specifically, they learn and practice industrial proprietary rights, procedures for obtaining a patent right, how to use Industrial Property Digital Library and so forth, along with the practice of creative product design. The industrial property rights education in collaboration with the creative product design education has been carried out by the cooperation of Japan Patent Office, Japan Institute of Invention and Innovation and a patent attorney. Through the instruction of the cooperative members, great educative results have been obtained. In this paper, we will describe the contents of the subject together with its items to pursue an upward spiral of progress.

Legislative Protection of Property Rights in Ethiopia: An Overview ...

African Journals Online (AJOL)

There are ambiguities, inconsistencies, gaps and outdated features in the legislative protection of some property rights in Ethiopia. Moreover, there is the bestowal of wide and undue discretion to various administrative authorities without judicial scrutiny. These problems clearly lead to discretionary and arbitrary ...

LEGAL STATUS OF ADVISORS IN THE FIELD OF INTELLECTUAL PROPERTY RIGHT IN THE UNITED KINGDOM

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Khrystyna Kmetyk

2017-11-01

Full Text Available Purpose: to research the legal status of advisors in the field of intellectual property right in the United Kingdom. In this article an author distinguishes and gives a legal description of the types of advisors in the field of intellectual property right in the United Kingdom. The main provisions of the Rules of Conduct for Patent Attorneys, Ttrade Mark Attorneys and Other Regulated Persons (2015 are considered. Methods: to analyse the legal status of advisors in the field of intellectual property right in the United Kingdom the method of induction, systematic approach, formal legal methods were used. Results: this research provides an opportunity to broaden the understanding of the institute of advisors in the field of intellectual property right (in particular patent attorneys and trademark attorneys in the UK and thus include this knowledge in domestic research on intellectual property right. Conclusions: the majority of types of advisors in the field of intellectual property right in the United Kingdom (patent attorneys, chartered patent attorneys, European patent attorneys, registered trademark attorneys and trademark attorneys, European trademark attorneys, etc. is well-educated professionals in all areas of intellectual property and are able to advise on a wide range of technical and commercial issues in this field. The obtained results will have a positive impact on the reform of the institute of representatives in the field of intellectual property in Ukraine in order to ensure its effectiveness and relevance to the challenges of the present.

Real charge according to the current Serbian Draft Law on property rights and other real rights

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Vujović Dragana

2014-01-01

Full Text Available Within reforms of loan security instruments law, Serbian Draft Law on Property Rights and Other Real Rights demonstrates interest for introducing new forms of non-accessory security rights. Real charge is a new institute in our legislation. It is a kind of real right on immovable thing that is regulated after the model of the German and Swiss laws, and which is in practice mostly used to secure a receivable, so that it is, to an extent, a personal hypothec. The most important reason for introduction of this institute into the Law was to allow for a security right on immovables that is more flexible than the accessorial hypothec, thus creating the environment conducive for the development of the secondary market of real loans, facilitating refinancing, and allowing for the extension of the offer of bank products with the reduction of transaction costs.

Intellectual property rights and standardization. The case of GSM

NARCIS (Netherlands)

Bekkers, R.N.A.; Verspagen, B.; Smits, J.M.

2002-01-01

This paper investigates the role of intellectual property rights (IPRs) in the process of standardization in the telecommunications industry. We take the global system for mobile communications (GSM) case as a highly relevant example, being part of a high-tech industry in which standards play a

CONSIDERATIONS REGARDING PROVISIONAL MEASURES FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN ROMANIA

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Paul-George BUTA

2014-05-01

Full Text Available The article takes a look at provisions in the Code of Civil Procedure dealing with the provisional measures that can be requested by the intellectual property right-holder in case of apparent infringements of his rights. Starting from the goals of such regulation, as provided by Directive 48/2004, the article examines what could be the hurdles imposed by the Romanian legislator (mostly by not providing sufficiently tailored means in respect of intellectual property rights on the right-holder and proposes that, in light of the problems as reflected in the courts' practice, a legislative intervention be undertaken in order to better adapt the means to the purpose envisaged.

Preliminary Research on Property Rights Derived from Personality%人格派生财产权初探

Institute of Scientific and Technical Information of China (English)

隋彭生

2013-01-01

“人格权商品化”及类似观点，使人格权具有了双重属性，颠覆了人们对人格权的既有认识，动摇了人们对人格权原有的逻辑判断和价值判断。人格派生财产权的观点认为，在人格权的基础上，权利人还享有人格派生财产权。它与人格权是有内在联系的两种民事权利，人格权是人格派生财产权的基础法律关系。人格派生财产权是以信息化人格要素和能够信息化的人格要素为客体的。人格派生财产权人可以就自己的人格要素为他人设立用益债权。用益债权是财产权，可以在市场上流通。人格派生财产权可以继承。肖像权、姓名权、隐私权及声音权等是具体人格权，是消极的禁止权，对肖像、姓名、隐私、声音等人格要素在经济上的积极利用，不是人格权固有的、本身的内容，而是财产权的内容。对肖像用益的一个前提，是把肖像转化为映像，映像是一种信息。姓名、声音、隐私等本身是一种信息，可以作为财产进行用益。%“Commercialization of Personality Rights”and similar argument ,make Personality Rights have dual attrib-utes, subvert the old cognition of Personality Rights and shake logical judgment and value judgments of Personality Rights that we shared before .The argument of “Property Rights Derived from Personality”thinks that on the basis of Personality Rights the Rights holders also have Property Rights Derived from Personality .Property Rights Derived from Personality and Personality Rights are two intrinsically linked civil rights .Personality Rights are the basic legal relationship of Property Rights Derived from Personality .The object of Property Rights Derived from Personality is personality factors that have been informatizated and can be informatizated .The owner of Property Rights Derived from Personality can use his own personality factors to establish Usufructuary Debt with

75 FR 60408 - Government Programs To Assist Businesses Protect Their Intellectual Property Rights (IPR) in...

Science.gov (United States)

2010-09-30

... DEPARTMENT OF COMMERCE International Trade Administration Government Programs To Assist Businesses Protect Their Intellectual Property Rights (IPR) in Foreign Markets: Request of the International Trade... Property Rights, International Trade Administration, Department of Commerce. ACTION: Request for written...

Towards an Intellectual Property Rights Strategy for Innovation in Europe

NARCIS (Netherlands)

Radauer, Alfred; Rodriguez, V.F.

2009-01-01

On October 13, 2009 the Science and Technology Options Assessment Panel (STOA) together with Knowledge4Innovation/The Lisbon Forum, supported by Technopolis Consulting Group and TNO, organised a half-day workshop entitled ‘Towards an Intellectual Property Rights Strategy for Innovation in Europe’.

the clash of property and environmental rights in the niger delta

African Journals Online (AJOL)

RAYAN_

Property Rights in Economic History: Implications for. Research” (1986) 23 .... mechanisms of collective decision-making, for instance, a leisurely debate among the ..... with Multinational Oil Firms: The Nigerian Experience (Ed-Linform Services,.

Does Religiosity Promote Property Rights and the Rule of Law?

DEFF Research Database (Denmark)

Berggren, Niclas; Bjørnskov, Christian

Social and cultural determinants of economic institutions and outcomes have come to the forefront of economic research. We introduce religiosity, measured as the share for which religion is important in daily life, to explain institutional quality in the form of property rights and the rule of law...

Intellectual Property Rights and The Classroom: What Teachers Can Do

Science.gov (United States)

Falcon, Raymond

2010-01-01

Intellectual property rights restrict teachers' and students' ability to freely explore the intellectual realms of the classroom. Copyright laws protect the author and their work but disable other intellectuals from investigating probable learning environments. This paper will look at key issues where educational institutions are conflicting with…

Trade Relatedness of Intellectual Property Rights: Finding the Real Connections.

Science.gov (United States)

Dhar, Biswajit; Rao, C. Niranjan

1996-01-01

Argues that the proposals regarding patenting which are included in the international Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) will strengthen existing trade monopolies and adversely influence technology diffusion between the northern and southern hemisphere. Notes that such an outcome could diminish market…

'Justice Be Our Shield and Defender': An Intellectual Property Rights ...

African Journals Online (AJOL)

Protecting intellectual property rights has become essential in encouraging cutting-edge scholarship that advances the frontiers of knowledge. For a long time, the majority of Africa's intelligentsia has worked in local and international environments that have exploited the continent's intellectual capital. Even in contexts where ...

Below the radar innovations and emerging property right approaches in Tibetan medicine.

Science.gov (United States)

Madhavan, Harilal

2017-11-01

Outside the established legal framework of intellectual property rights, countries have pursued multiple pathways to protect and promote traditional medicine. As Tibetan medicine is a late entrant into commercialization, the proposals to propertize generally fall within the rationale of existing sui-generis paradigms of Intellectual property. In this context, the article enquires the state of innovations in this sector viz-a-viz the property right approaches in place especially in India and China. It argues that beyond the usual complex medical science and technology led-innovations, the pathways of cumulative processes and creative additions through informal experiential learning platforms, where the transfers of knowledge become part of livelihood and social benefits (we call them "below the radar innovations") is ubiquitous in Tibetan medicine. The trends and politics in two recent strategies of protection, that is, Tibetan medicine as economic property (emphasizing patents here among many others) and as a cultural property (intangible cultural heritage) are juxtaposed with these informal innovative attempts. The paper underlines that the productivity-based economic rationale of these protection mechanisms should not obscure sustainability alternatives of "below the radar" (BtR) innovations in Tibetan medicine.

Open innovation and intellectual property rights

DEFF Research Database (Denmark)

Brem, Alexander; Nylund, Petra A.; Hitchen, Emma L.

2017-01-01

. Design/methodology/approach: The relationships between open innovation, IPRs, and profitability are tested with random-effects panel regressions on data from the Spanish Community Innovation Survey for 2,873 firms spanning the years 2008-2013. Findings: A key result is that SMEs do not benefit from open......Purpose: The purpose of this paper is to study the relationship between open innovation and the use of intellectual property rights (IPRs) in small- and medium-sized enterprises (SMEs). The authors consider patents, industrial designs (i.e. design patents in the USA), trademarks, and copyrights...... innovation or from patenting in the same way as larger firms. Furthermore, the results show that SMEs profit in different ways from IPR, depending on their size and the corresponding IPR. Research limitations/implications: The different impact of IPRs on the efficiency of open innovation in firms of varying...

Enforcement of Intellectual Property Rights – Blessing or Curse? A ...

African Journals Online (AJOL)

adhesion of Mauritius to the World Trade Organisation (WTO). It examines the harsh response of the law enforcement institutions and the heavy price that weaker and more vulnerable people have had to pay and queries whether Mauritius implemented the Trade Related Aspects of Intellectual Property Rights agreement ...

Common Aims, Values And Principles Of Intellectual Property, Right To Competence And Others Rights

Directory of Open Access Journals (Sweden)

Juan Carlos Riofrío Martínez-Villalba

2013-01-01

Full Text Available This paper aims the definition of which are the pourposes, values and common principles of intellectual property, competence law of advertising, consumer and information. It shows how the principles are anchored in values, and these in turn into rights purposes, making palpable the hierarchy such purposes, values ​​and principles have in the legal system. Thus, the outcome of the research is threefold: (i definition of the purposes, values ​​and principles common to these areas of law, (ii its interface, and (iii their ranking.

Experimental investigations on the basis for intellectual property rights.

Science.gov (United States)

Fast, Anne A; Olson, Kristina R; Mandel, Gregory N

2016-08-01

Lay people routinely misunderstand or do not obey laws protecting intellectual property (IP), leading to a variety of (largely unsuccessful) efforts by policymakers, IP owners, and researchers to change those beliefs and behaviors. The current work tests a new approach, inquiring whether lay people's views about IP protection can be modified by arguments concerning the basis for IP rights. Across 2 experiments, 572 adults (recruited through Amazon Mechanical Turk) read 1 of 6 arguments about the basis for IP protection (incentives, natural rights, expressive rights, plagiarism, commons, or no argument). Participants then reported their general support for IP protection. Participants also reported their evaluations of 2 scenarios that involved infringement of IP rights, including cases in which there were mitigating experiences (e.g., the copier acknowledged the original source), and completed several demographic questions. Three primary findings emerged: (a) exposure to the importance of the public commons (and to a lesser extent, exposure to the argument that plagiarism is the basis of IP protection) led participants to become less supportive of IP protection than the incentives, natural rights, expressive rights, and control conditions; (b) people believed that infringement was more acceptable if the infringer acknowledged the original creator of the work; and (c) older adults and women were especially likely to see infringement as problematic. These findings illustrate several ways in which lay beliefs are at odds with legal doctrine, and suggest that people's views about IP protection can be shaped in certain ways by learning the basis for IP rights. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

Selected issues of the property right limitation in the criminal proceedings

OpenAIRE

Mityukova, Marina

2014-01-01

The study aims at an analysis of the relationship between civil law and the criminal procedure law system. The author focus on the limitation of the property right in the selected aspects of the criminal proceedings.

Danish Mortgage Finance, Property Rights Protection and Economic Development

DEFF Research Database (Denmark)

Haldrup, Karin

of screening methods for assessing the readiness for such transplantation depends on a deeper understanding of three large domains: A) Mortgage Finance, B) Cadastre and Land Registration; and C) Economic Development; and the interrelations between these three areas. In particular the thesis has focused...... formal property rights regimes and real credit with implications for development strategies. The PhD was co-sponsored by VP Securities A/S, www.vp.dk...

R&D Collaboration with Uncertain Intellectual Property Rights

DEFF Research Database (Denmark)

Czarnitzki, Dirk; Hussinger, Katrin; Schneider, Cédric

2015-01-01

—uncertain intellectual property rights (IPRs) lead to reduced collaboration between firms and can, hence, hinder knowledge production. This has implications for technology policy as R&D collaborations are exempt from antitrust legislation in order to increase R&D in the economy. We argue that a functional IPR system......Patent pendencies create uncertainty in research and development (R&D) collaboration, which can result in a threat of expropriation of unprotected knowledge, reduced bargaining power and enhanced search costs. We show that—depending of the type of collaboration partner and the size of the company...

R&D Collaboration with Uncertain Intellectual Property Rights

DEFF Research Database (Denmark)

Czarnitzki, Dirk; Hussinger, Katrin; Schneider, Cédric

- uncertain intellectual property rights (IPR) lead to reduced collaboration between firms and may hinder the production of knowledge. This has implications for technology policy as R&D collaborations are exempt from anti-trust legislation in order to increase R&D in the economy. We argue that a functional......Patent pendencies create uncertainty in research and development (R&D) collaboration agreements, resulting in a threat of expropriation of unprotected knowledge by potential partners, reduced bargaining power and enhanced search costs. In this paper, we show that - depending of the type of partner...

Property rights, institutional regime shifts and the provision of freshwater ecosystem services on the Pongola River floodplain, South Africa

Directory of Open Access Journals (Sweden)

Bimo Abraham Nkhata

2017-03-01

Full Text Available This paper proposes a property rights perspective to interpret institutional regime shifts in the provision of freshwater ecosystem services. Institutional regime shifts are conceived as persistent changes in the structure and function of a system. Property rights are viewed as an important component of institutional regimes. The paper draws on a case study of flow regulation on the Pongolo Floodplain in South Africa to illustrate the central role of property rights in mediating institutional regime shifts. The case study illustrates that there are many combinations of property rights that underpin institutional regime shifts in the provision of freshwater ecosystem services. It provides useful insights into the consequences of failing to recognize, establish and enforce bundles of rights. A major thrust of the case study is that the nature and context of property rights are important in determining the long-term provision of these services. By examining the configurations of property rights that have governed the Pongola River floodplain over the years, the paper demonstrates the importance of explicitly defining and categorizing the range of rights.

Persona Rights for User-Generated Content: A Normative Framework for Privacy and Intellectual Property Regulation

Directory of Open Access Journals (Sweden)

Tamara Shepherd

2012-02-01

Full Text Available This article introduces the term “persona rights” as a normative conceptual framework for analyzing the language of regulatory debates around privacy and intellectual property online, mainly from a Canadian perspective. In using the concept of persona rights to interrogate and critique the current limitations of regulatory discourses in protecting user rights online, the legal implications of persona rights law are translated into more conceptual terms. As a normative framework, persona rights is shown to be useful in addressing the gaps in regulatory understandings of privacy and intellectual property – particularly in spaces for user-generated content (UGC – and in suggesting how policy might be written to account for user rights to the integrity of identity in commercial UGC platforms.

Between Civil Rights and Property Rights: Debating the Selective ...

African Journals Online (AJOL)

What is framed as political contestation today is a culmination of abuses of human rights, including political, civil, social and economic rights. Using a historical analysis, this article points out that there has been selective amnesia in Zimbabwe's human rights discourse, and argues for the equal treatment of civil and political ...

Property rights and chronic diseases: evidence from a natural experiment in Montevideo, Uruguay 1990-2006.

Science.gov (United States)

Gandelman, Néstor

2010-07-01

We exploit a natural experiment in Montevideo, Uruguay, in order to analyse the effects on human health of granting formal property rights to untitled individuals. Because of administrative mistakes committed decades ago by an institution that no longer exists, such rights may be transferred to residents of some neighborhoods but not to residents of others. We found that titling reduces the probability of suffering from hypertension and diabetes and in some cases rheumatism and asthma as well within 17 years of being offered property rights, but we did not find statistically significant evidence that the housing quality functions as a channel between titling and health. 2010 Elsevier B.V. All rights reserved.

GENERAL GUIDELINES CONCERNING THE RELATION INTERNATIONAL INTELLECTUAL PROPERTY BUSINESS VERSUS HUMAN RIGHTS AND CIVIL LIBERTIES

Directory of Open Access Journals (Sweden)

Speriusi-Vlad Alin

2014-07-01

Full Text Available Today, the intellectual property protection is no longer an absolute social and legal that justifies adoption of any measures necessary to protect it. Initially seen as the prerequisite for sustainable development, implementation of new technologies, and encouragement of international trade, the intellectual property, especially prior to ACTA (Anti-Counterfeiting Trade Agreement international trial implementation, and also thereafter, was increasingly identified as a source of violation of fundamental rights and civil liberties, i.e. the right to protection of personal data, the right to privacy, freedom to send and receive information freedom of information, freedom to contract, and freedom to carry out economic activities (freedom of commerce. As far as international trade transactions have often a component of intellectual property that requires to be protected, it is necessary to identify the landmarks, the rules establishing de facto limits in order to protect the intellectual property without risk of infringement of fundamental rights and civil liberties of other persons, in particular users or potential users of goods and services incorporating intellectual property. The best guidelines in this regard may be provided by the CJEU (Court of Justice of the European Union case-law both due to its reasoning underlying the decision of the Parliament to reject ACTA ratification and the fact that the case-law of this Court, especially the most recent one, is highly complex and nuanced, not denying in any way the importance of intellectual property, and identifying certain cases where their primacy persist and whose analysis leads to laying down some general rules in the field.

Spring cleaning: rural water impacts, valuation, and property rights institutions.

Science.gov (United States)

Kremer, Michael; Leino, Jessica; Miguel, Edward; Zwane, Alix Peterson

2011-01-01

Using a randomized evaluation in Kenya, we measure health impacts of spring protection, an investment that improves source water quality. We also estimate households' valuation of spring protection and simulate the welfare impacts of alternatives to the current system of common property rights in water, which limits incentives for private investment. Spring infrastructure investments reduce fecal contamination by 66%, but household water quality improves less, due to recontamination. Child diarrhea falls by one quarter. Travel-cost based revealed preference estimates of households' valuations are much smaller than both stated preference valuations and health planners' valuations, and are consistent with models in which the demand for health is highly income elastic. We estimate that private property norms would generate little additional investment while imposing large static costs due to above-marginal-cost pricing, private property would function better at higher income levels or under water scarcity, and alternative institutions could yield Pareto improvements.

Study on government's optimal incentive intensity of intellectual property rights

Science.gov (United States)

Yang, Chengbin; Sun, Shengxiang; Wei, Hua

2018-05-01

The integration of military and civilian technology in the development stage of weapon equipment is an inherent requirement for the development of the deep integration of the military and the civilian. In order to avoid repeated development of existing technology and improve the efficiency of weaponry development, the government should take effective measures to encourage development institutions to actively adopt existing intellectual property technology in the process of equipment development. According to the theory of utility function and the characteristics of practical problems, the utility function of government and weapon equipment development units is constructed, and the optimization model of incentive strength for national defense intellectual property is established. According to the numerical simulation, the conclusion is, to improve the development efficiency, and at the same time, to encourage innovation, thre government need to make a trade-off in incentive policy making, to achieve a high level in intellectual property rights' innovation and application.

Institutional Responses on Strengthened Intellectual Property Rights in Agriculture and Needs' Assessment on Intellectual Property Management of Public Research Institutions in Asian Developing Countries

Science.gov (United States)

Payumo, Jane; Grimes, Howard

2011-01-01

Intellectual property rights (IPRs) are being introduced or strengthened in developing countries as a result of international agreements such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO). This study conducted a web-based survey to gain perspective on the impact of IPRs to…

An assessment of prominent proposals to amend intellectual property regimes using a human rights framework

Directory of Open Access Journals (Sweden)

Cristian Timmermann

2014-12-01

Full Text Available A wide range of proposals to alleviate the negative effects of intellectual property regimes is currently under discussion. This article offers a critical evaluation of six of these proposals: the Health Impact Fund, the Access to Knowledge movement, prize systems, open innovation models, compulsory licenses and South-South collaborations. An assessment on how these proposals target the human rights affected by intellectual property will be provided. The conflicting human rights that will be individually discussed are the rights: to benefit from one’s own scientific work, to benefit from the advancement of science, to participate in scientific enterprises and to self-determination.

The Relationship between Property Rights and Economic Growth: an Analysis of OECD and EU Countries

Directory of Open Access Journals (Sweden)

Haydaroğlu Ceyhun

2015-12-01

Full Text Available In recent years, institutions and institutional structure have become some of the most popular concepts analyzed by economics theory. New growth theories have especially focused on the effects of institutions and institutional structure on a macro level. Property rights are one of the most important elements of this institutional structure. The relationship between property rights and economic growth have drawn the attention of many researchers and policymakers in recent years. The aim of this study, covering the period 2007–2014, is to examine the relationship between property rights and economic growth with the help of PARDL in OECD and EU countries. According to the result of a bounds test, there is cointegration between the variables. The long- and short-term relationships between series were determined and the results taken from the analysis show that there is a positive effect on economic growth in those countries.

Property rights in a very poor country : tenure insecurity and investment in Ethiopia

OpenAIRE

Ali, Daniel Ayalew; Dercon, Stefan; Gautam, Madhur

2007-01-01

This paper provides evidence from one of the poorest countries of the world that the property rights matter for efficiency, investment, and growth. With all land state-owned, the threat of land redistribution never appears far off the agenda. Land rental and leasing have been made legal, but transfer rights remain restricted and the perception of continuing tenure insecurity remains quite ...

Right to life, right to die and assisted suicide.

Science.gov (United States)

Chetwynd, S B

2004-01-01

In 2002 Diane Pretty went to the European Court of Human Rights to gain a ruling about assisted suicide. In the course of this she argued that the right to life implied a right to die. This paper will consider, from an ethical rather than a legal point of view, how the right to life might imply (or not) a right to die, and whether this includes either a right that others shall help us die, or a right against non-interference if others are willing to help us. It does this by comparing the right to life to conceptions of property rights. This is not because I think human life is property, but because some of our ways of talking and thinking about our control over our own lives seem to be similar to our thoughts about our control over our own property. The right to life has traditionally been taken as a negative right, that is a right that others not deprive us of life. Pretty's argument, however, seems to be moving towards a positive right, not just to remain alive, but to be enabled in doing what we want to with our lives, and thus disposing of them if we so choose. The comparison with property rights suggests that the right to die only applies if our lives are ours absolutely, and may itself be modified by the suggestion that suicide harms all of us by devaluing human life in general.

Constitutional Property Rights Protection and Economic Growth: Evidence from the Post-Communist Transition

DEFF Research Database (Denmark)

Bjørnskov, Christian

This paper seeks to estimate the economic growth effect of constitutional provisions for property rights protection. It does so using the unique situation in formerly communist countries in Central and Eastern Europe and the Caucasus where all but two introduced new constitutions after the fall...... of the Iron Curtain. The effects of implementing different constitutional provisions can therefore be observed in a group of countries with the same formal starting point. Estimates provide no evidence of positive effects and mainly point towards a negative conclusion: the introduction of constitutional...... protection of property rights is not associated with economic development in the long run, but tends to impose costs during a period of institutional transition and implementation proportional to the constitutional change....

Does religiosity promote property rights and the rule of law?

DEFF Research Database (Denmark)

Berggren, Niclas; Bjørnskov, Christian

2013-01-01

Social and cultural determinants of economic institutions and outcomes have come to the forefront of economic research. We introduce religiosity, measured as the share for which religion is important in daily life, to explain institutional quality in the form of property rights and the rule of law...... autocracies), which suggests that religiosity affects the way institutions work through the political process. Individual religions are not related to our measures of institutional quality....

Does Religiosity Promote Property Rights and the Rule of Law?

DEFF Research Database (Denmark)

Berggren, Niclas; Bjørnskov, Christian

Social and cultural determinants of economic institutions and outcomes have come to the forefront of economic research. We introduce religiosity, measured as the share for which religion is important in daily life, to explain institutional quality in the form of property rights and the rule of law...... autocracies), which suggests that religiosity affects the way institutions work through the political process. Individual religions are not related to our measure of institutional quality....

Economic analysis of pre-emptive right in the Serbian Law on property restitution and compensation

Directory of Open Access Journals (Sweden)

Baturan Luka O.

2015-01-01

Full Text Available This paper is application of cost-benefit analysis on a pre-emptive rights, which is established by the Serbian Law on Property Restitution and Compensation. The basic hypothesis is that this law institute disturbs efficiency of resource allocation, and decreases social welfare. There are a few better and more efficient institutes which can be used for gaining of goods in public ownership. To prove this hypothesis, we used neo-institutional economy method and normative method. In the first part of the paper, we presented the law of pre-emptive rights in the legal system of Serbia. After that, we analyzed effects of pre-emptive rights on a deviation from resource allocation. The third part represents an analysis of institutional frame for optimal resource allocation. There is a special view on imprecise definition of property rights, as well as the increased transaction costs due to the existence of the right of pre-emption.

The Policies Concerning the Strength of Intellectual Property Rights Protection: The Choices for Estonia in Wider Context of EU

Directory of Open Access Journals (Sweden)

Tõnu Roolaht

2013-01-01

Full Text Available The foreign direct investment (FDI can be substitute for the contractual transfer of intellectual property rights in a situation where these rights are weakly protected. Hence, stronger intellectual property rights protection may reduce incentives for FDI. This is, however, only one line of reasoning. Stronger intellectual property protection can also increase motivation to invest into completely new products and processes. Thus, from the slightly different perspective FDI and strength of intellectual property protection can be seen as complementary. This duality of impact makes the search for efficient protection very difficult and complex. The aim of this paper is to outline the policy choices open for Estonia in influencing the relative strength of intellectual property rights protection and its impact on FDI. The vital secondary research agenda by this concerns the influence of EU-membership on the autonomy of such policy choices. Given the fact that there exist European patents and patent registry, certain intellectual property rights protection measures and legislative practices are undoubtedly pre-determined by this embeddedness into EU-wide protection systems. The national level policies and enforcement issues may still vary.

76 FR 24787 - Blocking Property of Certain Persons With Respect to Human Rights Abuses in Syria

Science.gov (United States)

2011-05-03

... Order 13572 of April 29, 2011 Blocking Property of Certain Persons With Respect to Human Rights Abuses..., finding that the Government of Syria's human rights abuses, including those related to the repression of... have engaged in human rights abuses, constitute an unusual and extraordinary threat to the national...

Researches on the Intellectual Property Right of Electronic Commerce%电子商务的知识产权研究

Institute of Scientific and Technical Information of China (English)

巢乃鹏

2000-01-01

As a revolutionary new situation of international trade,the rise of global Electronic Commerce makes a strong impact on the current intellectual property right system,and also poses some new problems.Whether we can successfully solve these problems shall directly influence the development of Electronic Commerce.This paper,from the angle of intellectual property right,inquires into some hot topics about intellectual property right involved with Electronic Commerce.

Property Rights and Functioning of Judicial System in Kosovo as a Preconditions for Economic Development of the Country

Directory of Open Access Journals (Sweden)

Haxhi Gashi

2017-08-01

Full Text Available The issues related to property rights and their protections are deeply complex ones that affect the life of all citizens of Republic of Kosovo. Even though, improvements on the functioning of judicial system in Kosovo are evident in recent years, continuous challenges regarding judicial affectivity and efficiency as well as independence, continue to impact negatively upon the rule of law and access to justice in Kosovo. Therefore this has direct impact on implementation of some of basic international human rights standards in the field of property rights. Furthermore, these challenges in the field of property rights and rule of law have direct impact on the foreign investments and economic development of the country. This paper will try to address some of main challenges that Kosovo judicial system is facing, in particular related to protection of property rights as well as challenges on functioning of civil judicial system in Kosovo. These challenges have other effects on investments and welfare of society, creating barriers for a proper economic development of the country and therefore producing uncertainty among population and creating the idea of migration in order to seek new opportunities.

Surface rights

Directory of Open Access Journals (Sweden)

Regina Célia Corrêa Landim

2009-06-01

Full Text Available In many cities of Brazil, social inequality is illustrated by violence, poverty, and unemployment located next to luxurious residential towers and armored passenger cars. In the face of this situation, the National Movement of Urban Reform encouraged the inclusion of the social function of property in Brazil's new constitution of 1988. Surface rights represent an urbanistic instrument in the city statute that is best aligned to the constitutional principles and urban policies. The current article compares two laws that govern the principle of surface rights and provides a brief history of the evolution of the state based on illuminism and the consequent change in paradigm affecting individual rights, including property and civil rights, and their interpretation under the Constitution. The article concludes by suggesting the use of land surface rights in a joint operation, matching the ownership of the property with urban planning policies and social interest.

The understanding of co-owners' rights in the context of the genesis of environmental rights

Directory of Open Access Journals (Sweden)

Kudeikina I.

2014-01-01

Full Text Available Environmental rights obtain a special importance in the context of real distribution of joint property. The common practice, where the building regulations are applied to legal relationships when carrying out the real distribution of a joint property, is associated with the genesis of environmental rights, but cannot be supported by the doctrine of absolutism of the property rights. In this Article, the author analyzes the legal reasoning and legal consequences of applicability of environmental rights. The essence of real distribution of joint property is the termination of the joint property as a legal act without a target of environmental transformation. The real distribution of joint property is not an action leaving any environmental impacts. The author concludes that the application of the environmental rights to the real distribution of the joint property unreasonably limits the property rights of co-owners.

Intellectual Property Rights, Imitation, and Foreign Direct Investment: Theory and Evidence

OpenAIRE

Lee Branstetter; Raymond Fisman; C. Fritz Foley; Kamal Saggi

2007-01-01

This paper theoretically and empirically analyzes the effect of strengthening intellectual property rights in developing countries on the level and composition of industrial development. We develop a North-South product cycle model in which Northern innovation, Southern imitation, and FDI are all endogenous. Our model predicts that IPR reform in the South leads to increased FDI in the North, as Northern firms shift production to Southern affiliates. This FDI accelerates Southern industrial de...

Intellectual property right protection and its effects in North-South product cycles with innovation, adaption and imitation

OpenAIRE

Pättiniemi, Emmi

2015-01-01

The significance of knowledge and innovation has become an increasingly important part of international trade. Consequently, there have been continuous efforts to globally improve protection of intellectual property rights (IPRs) through international trade agreements related to IPRs. The most comprehensive agreement is the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) that came into force on 1st of January 1995. As a founding part of World Trade Organization (WTO...

Property Rights, Inheritance by Wives and Gender Equality: Brazil and Hispanic America in Comparative Perspective

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Carmen Diana Derre

2001-01-01

Full Text Available Considerable gains were made in Latin America over the course of the twentieth century in strengthening the property rights of married women. Insufficient attention, nonetheless, has been given to the inheritance rights of wives. Reviewing the legal norms for twelve countries, it is argued that widows are often in a disadvantaged position compared to the children of a couple. Inheritance norms were not designed to give widows the possibility for economic autonomy, such as through control of the family farm or business. Moreover, given the gender gap favoring women in the lengthening of life spans and the low coverage of social security (particularly in rural areas in most countries, they are particularly vulnerable when they are widowed. The women’s movement is urged to take on the issue of inheritance rights since strengthening these are necessary to achieve a redistribution of property and real gender equality.

Fundamental Right to Property and Right to Housing in Nigeria: a Discourse

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Akintunde OTUBU

2011-11-01

Full Text Available Housing is one of the basic needs of human kind. Given its quintessential relevance to the overall development of man and the State; the question is posed: whether there is a right to adequate housing in the citizen to warrant a demand from the State to fulfill this right; and whether there should be such a right? This paper sets out to examine the concept of Right as it relates to housing and enters into a discourse as to whether there is a fundamental right to housing under Nigeria law. A corollary to the above is to answer the question whether such a right should be cognizable under Nigerian law. In a doctrinal research approach, the paper concedes that housing is a prerequisite to optimal utility of man and the state. Unfortunately, right to housing does not enjoy the same ranking with civil and political rights for obvious reasons enunciated in the paper. The implication is that there is no enforceable right to housing under our law. Notwithstanding, the paper posits that it is desirable for the State to create an enabling environment for the realization of this right because of its multiplier effect on the individual and the State.

Copyright, Crime and Computers: New Legislative Frameworks for Intellectual Property Rights Enforcement

OpenAIRE

Urbas, Gregor

2012-01-01

This paper considers intellectual property rights (IPR) enforcement from the perspective of criminal law, and in particular, drawing on recent Australian legislative reforms concerning copyright, cybercrime, covert investigations, mutual assistance and extradition, prosecution and sentencing options, as well as proceeds of crime recovery. The complex interaction of these laws suggests that the field of IPR enforcement offers numerous investigative, prosecutorial and judicial options beyond ...

Enforcing the right to property properly : An essay on the shift from injunctive relief to mere compensation

NARCIS (Netherlands)

S.D. Lindenbergh (Siewert)

2010-01-01

textabstractOf all patrimonial rights, the right to property is considered by far the most powerful. The owner is entitled to the exclusive use of the object, the word ‘use’ is understood in a very wide meaning and the owner has a strong position as far as enforcement of his right is concerned. He

26 CFR 1.1055-2 - Determination of amount realized on the transfer of the right to hold real property subject to...

Science.gov (United States)

2010-04-01

... of the right to hold real property subject to liabilities under a redeemable ground rent. 1.1055-2... of the right to hold real property subject to liabilities under a redeemable ground rent. In determining the amount realized from a transfer, occurring on or after April 11, 1963, of the right to hold...

Traditional Knowledge, Biological Resources and Intellectual Property Rights in Asia: The Example of the Philippines

OpenAIRE

Antons, Christoph

2007-01-01

The relationship between traditional knowledge and intellectual property rights has become a topic for intensive debates at the national level, in various international settings and within and among different UN agencies, including the World Intellectual Property Organisation (WIPO), the UN Food and Agriculture Organisation (FAO), UNESCO, UNCTAD and the United Nations Environment Programme (UNEP). However, a consensus on a definition of traditional knowledge has yet to emerge due to persisten...

God’s gifts to humankind: a legal- philosophical interpretation of Luther’s views on ownership and the natural right to property

Directory of Open Access Journals (Sweden)

A. W.G. Raath

2009-07-01

Full Text Available The collapse of the medieval political and social order, the rise of the nation state and the emergent absolutism of civil rulers, meant that the early Reformers had to make a clearer demar- cation between the natural right to private property and the moral conditions giving rise to such a right, and a clearer de- lineation of the duties of civil authorities in dealing with private property in civil society. Luther’s view that natural right presup- poses the existence of moral duty and is intricately connected with the moral uprightness of the owner’s activities, produces a number of important perspectives still relevant for the debate concerning the natural rights of individuals to own property and to have the sphere of liberty attached to this right adequately protected.

The cadastral registration of the property right

Directory of Open Access Journals (Sweden)

D.-G. IONAȘ

2017-12-01

Full Text Available Real rights are subjective patrimonial rights which provide the holder with the right to directly exercise certain prerogatives over a determined good. Real rights over immobile goods, registered in the cadastral register are called tabular rights. Cadastral registration is that certain form of registration by which a real right over an immobile good is acquired, changed or ended, from the time de registration request is filed. At this time, registration in the cadastral register provides the opposability effect, as the constitutive effect is suspended until the cadastral works are finalized and new cadastral registers are created for each administrative unit.

Managing Intellectual Property Rights Protection in the System of Comprehensive Seconday Education

Directory of Open Access Journals (Sweden)

Vadim Lunyachek

2018-05-01

Full Text Available This paper provides the results of the survey conducted among the teachers and principals of comprehensive secondary schools of Kharkiv as to their awareness of how to abide by, draw up and defend intellectual property rights. The paper suggests implementing a system of actions to further the qualifications of educators in this area by introducing relevant special courses, delivering lectures and workshops, or obtaining a second higher education degree.

Transfer of Teaching Materials between Universities: Where Is the Boundary between Legitimate Transaction and Violation of Moral Intellectual Property Rights?

Science.gov (United States)

Maiwald, Matthias; Harrington, Kathy

2012-01-01

Intellectual property rights have various facets. The best-known one is copyright, enabling the owner to legally utilise intellectual materials. However, there is a separate set of legal entitlements, termed moral intellectual property rights. The purpose of these is to prevent false attribution, damage to an author's reputation and some forms of…

Owning genetic information and gene enhancement techniques: why privacy and property rights may undermine social control of the human genome.

Science.gov (United States)

Moore, A D

2000-04-01

In this article I argue that the proper subjects of intangible property claims include medical records, genetic profiles, and gene enhancement techniques. Coupled with a right to privacy these intangible property rights allow individuals a zone of control that will, in most cases, justifiably exclude governmental or societal invasions into private domains. I argue that the threshold for overriding privacy rights and intangible property rights is higher, in relation to genetic enhancement techniques and sensitive personal information, than is commonly suggested. Once the bar is raised, so-to-speak, the burden of overriding it is formidable. Thus many policy decisions that have been recently proposed or enacted--citywide audio and video surveillance, law enforcement DNA sweeps, genetic profiling, national bans on genetic testing and enhancement of humans, to name a few--will have to be backed by very strong arguments.

Intellectual property rights related to the genetically modified glyphosate tolerant soybeans in Brazil.

Science.gov (United States)

Rodrigues, Roberta L; Lage, Celso L S; Vasconcellos, Alexandre G

2011-06-01

The present work analyzes the different modalities of protection of the intellectual creations in the biotechnology agricultural field. Regarding the Brazilian legislations related to the theme (the Industrial Property Law - no. 9. 279/96 and the Plant Variety Protection Law - no. 9. 456/97), and based in the international treaties signed by Brazil, the present work points to the inclusions of each of them, as well as to their interfaces using as reference the case study of glyphosate tolerant genetically modified soybean. For this case study, Monsanto's pipelines patents were searched and used to analyze the limits of patent protection in respect to others related to the Intellectual Property (IP) laws. Thus, it was possible to elucidate the complex scenario of the Intellectual Property of the glyphosate tolerant soybeans, since for the farmer it is hard to correlate the royalties payment with the IP enterprise's rights.

Scientometrics Profile of Global Intellectual Property Rights Research

Directory of Open Access Journals (Sweden)

Gnanasekaran, D.

2016-06-01

Full Text Available The authors in this paper aim to identify the growth of literature on Intellectual Property Rights (IPRs. The research publications on IPRs were downloaded from the Scopus online citation database and the authors found that there were 1,513,138 records contributed globally over a period of 10 years from 2005 to 2014. The distribution of publications based on the year, country, and document type were studied. Relative growth rate (RGR of the publications and doubling time (Td were calculated. Most productive organizations, source titles, and the productive authors on IPR research were studied. Most cited articles in the study area were identified. The results show that a number of publications under the subjects Medicine and Engineering were produced. The developed countries are very active in IPR research and producing publications. It is found that one institution which holds the sixth place among the top 10 most productive institutions belongs to Brazil, a developing country. Two developing countries such as China and India hold second and tenth positions respectively in the top 10 countries contributing literature on IPRs.

The importance of industrial property rights, legal monopolies for fair competition; La importancia de los derechos de propiedad industrial. Monopolios legales para una competneica leal

Energy Technology Data Exchange (ETDEWEB)

Hernandez Rodriguez, J. A.

2011-07-01

Industrial property rights are an exception, perhaps the main, for freedom competition and entrepreneurial freedom. Those rights give the holder an exclusive right, and the existence of these legal monopolies is essential for the development of fair competition. Industrial property rights are national and, therefore, to obtain registration and exclusive rights in several countries, they must register on each of them. However, in recent years are emerging industrial property rights with impact on a number of countries (Community marks and designs). (Author)

Define the author. From intellectual property to the rights and literature movement

Directory of Open Access Journals (Sweden)

Julio Cesar Padilla Herrera

2013-12-01

Full Text Available In legal research the definition of the author is generally approached from the perspective of intellectual property, where the author is considered the owner of exclusive rights in a closed-ended arrangement. But another and perhaps more appropriate approach is the one found in literary criticism, located here at the crossroads of law and literature. Based on this latter approach, the intention is to shed light on certain interpretative elements that broaden the one-track definition of author based on intellectual property. Consequently, this paper discusses the notion of authorship that exists in copyright law and in the area of literary criticism with two purposes: first, to criticize the paradigm of autonomy of the individual creator / owner and second, to provide additional criteria to overcome the univocal meaning of the definition of author.

Intellectual property right in genetic resources

Directory of Open Access Journals (Sweden)

Milošević Mirjana

2017-01-01

Full Text Available Plant genetic resources for food and agriculture are necessary in food production and biodiversity conservation. These are the most important natural resources, in addition to air, water and soil. Unfortunately, during the evolution large number of plant genetic resources has been lost. The biggest negative impact on loss of plant genetic resources had been made by humans through the modernization of agriculture and the creation of varieties of high genetic uniformity. FAO and its operation through international mechanisms, such as the adoption of the Convention on Biological Diversity, the first legal act which regulates all levels of biodiversity: ecosystems, species and genetic resources, biotechnology, including the Cartagena Protocol on Biosafety (regulates the transfer of genetic material across the border, contributed to the conservation of plant genetic resources for food and agriculture. In addition to the Convention on Biological Diversity, FAO has been defined by the International Treaty on Plant Genetic Resources for Food and Agriculture in more specific and detailed way, the preservation of genetic resources. The objectives of the International Treaty on Plant Genetic Resources for Food and Agriculture are the conservation and sustainable use of all plant genetic resources for food and agriculture and the fair and equitable sharing of the benefits arising out of their use. There are four basic pillars which form the substance of the Contract, Sustainable use of plant genetic resources, Farmers' Rights, the Multilateral System and the Global Information System. Two organizations, the International Biodiversity and the International Union for the Protection of New Varieties of Plants trying to solve the issues of protection of the population and old varieties as intellectual property.

Intellectual Property Rights in Plant Breeding and Biotechnology: assessing impact on the Indian seed industry

NARCIS (Netherlands)

Pal, S.; Tripp, R.; Louwaars, N.P.

2007-01-01

The enactment of Intellectual Property Rights legislation and its enforcement are two distinct tasks, and the latter requires development of institutional capacity. The impact of IPRs should be seen in conjunction with economic policies and other regulations like seed and biosafety rules, which are

Free Markets, Property Rights and Climate Change: How to Privatize Climate Policy

Directory of Open Access Journals (Sweden)

Graham Dawson

2011-04-01

Full Text Available The goal has been to devise a strategy that protects as much as possible the rights and liberties of all agents, both users of fossil fuels and people whose livelihoods and territories are at risk if the anthropogenic global warming (AGW hypothesis is true. To achieve this goal the standard climate policy instruments, taxes and emissions trading, should be discontinued. There are weaknesses in the theoretical perspectives used to justify these policy instruments and climate science cannot provide the knowledge that would be needed to justify their implementation. In their place I propose a privatised policy, based on Austrian and libertarian frameworks of thought, which share an interpretation of climate change as a putative interpersonal conflict rather than market failure. The use of fossil fuels, like any other economic activity, should be subject to side-constraints designed to avoid the infringement of other people’s property rights. Tort litigation on the basis of strict liability would protect these rights, insofar as they need protecting. By providing a public arena for the competitive testing of scientific hypotheses concerning climate change, such litigation would also promote the public understanding and even the advancement of climate science.

How Genetics Might Affect Real Property Rights: Currents in Contemporary Bioethics.

Science.gov (United States)

Rothstein, Mark A; Rothstein, Laura

2016-03-01

New developments in genetics could affect a variety of real property rights. Mortgage lenders, mortgage insurers, real estate sellers, senior living centers, retirement communities, or other parties in residential real estate transactions begin requiring predictive genetic information as part of the application process. One likely use would be by retirement communities to learn an individual's genetic risk for Alzheimer's disease. The federal Fair Housing Act prohibits discrimination based on disability, but it is not clear that it would apply to genetic risk assessments. Only California law explicitly applies to this situation and there have been no reported cases. © 2016 American Society of Law, Medicine & Ethics.

Big Data and Intellectual Property Rights in the Health and Life Sciences

DEFF Research Database (Denmark)

Minssen, Timo

The vast prospects of Big Data and the shift to more “personalized”, “open” and “transparent” innovation models highlight the importance of an effective governance, regulation and stimulation of high-quality data-uses in the health and life sciences. Intellectual Property Rights (IPRs) and related...... rights come into play when research is translated into safe and efficient “real world” uses. While the need of recalibrating IPRs to fully support Big Data advances is being intensely debated among multiple stakeholders, there seems to be much confusion about the availability of IPRs and their legal...... effects. In this very brief presentation I intend to provide a very brief overview on the most relevant IPRs for data-based life science research. Realizing that the choice of how to address, use and interact with IPRs differs among various areas of applications, I also intend to sketch out and discuss...

Using Intellectual Property Rights Strategically

DEFF Research Database (Denmark)

Reitzig, Markus

2003-01-01

With the share of intellectual property among corporate value constantly rising,management's understanding of the strategic use of patents, trademarks, andcopyrights becomes ever more crucial. The vast majority of articles on patent ortrademark strategies, however, is written by and for lawyers d...... observations in the deployment of patents andtrademarks and inspires them to think more creatively about IPRs than they didbefore....

The legacy of social conflicts over property rights in rural Brazil and Mexico : Current land struggles in historical perspective

NARCIS (Netherlands)

Vergara-Camus, Leandro

2012-01-01

This article proposes an approach to the agrarian question that focuses on the establishment of absolute private property rights over land in Brazil and Mexico. The author argues that current land struggles are conditioned by the property regimes inherited from past struggles. The author examines

PROPERTY. ABSOLUT RIGHT. SOCIAL FUNCTION

Directory of Open Access Journals (Sweden)

Lucia Maria COŞTIUG

2016-07-01

Full Text Available The article presents the opinion according to which today we can speak rather of a relative character of ownership, while the social function of it is ever more present and the rights of the owner are subject to multiple legal requirements and limited in order to meet general interests of the community.

Inalienably Yours? The new case for an inalienable property right in human biological material: Empowerment of sample donors or a recipe for a tragic Anti-Commons?

Directory of Open Access Journals (Sweden)

Jasper A. Bovenberg

2004-12-01

Full Text Available Modern biomedical research into the genetic component of common diseases calls for broad access to existing and novel collections of samples of human biological material, aka Biobanks. Groups of donors of these samples, however, increasingly claim a property right in their samples. They perceive the recognition of a personal property right in their biological material as the best means to serve two goals: to secure ongoing control over their samples after donation and to underpin their claim for a share in the proceeds that the research on their samples may yield. Given the objective of ensuring ongoing control, this property right is claimed to be inalienable. Recognition of a personal property right in one’s biological material is problematic, especially where the requirement of inalienability seems at odds with the claim for a share of the profits. Yet, property rights in human biological material may be justified in a certain context, e.g. to enable subsets of patients to negotiate the terms and conditions of the research into their specific disorders. Biobanks, however, contain so many samples, which can be used for so many research purposes, that the unrestricted exercise of personal property rights by the sample donors will lead to a proliferation of rights. This proliferation is likely to deter or slow down both the creation of de novo Biobanks and the use of existing sample collections. Thus, recognising inalienable property rights in human biological material may lead to suboptimal use of these resources and create a classic ‘anticommons property’ scenario. It would also undermine the current trend to simplify existing informed consent requirements which aims to facilitate broad and previously unanticipated research on de novo and existing Biobanks. In addition, the tradition of altruistic participation in research and the notion that large-scale collections of human biological material are global public goods are arguments against

From the Right to Use to The Right to Do: Monsanto Case Study and the Conflict Between Use and Abuse in Patent Rights

Directory of Open Access Journals (Sweden)

Leônidas Meireles Mansur Muniz de Oliveira

2015-12-01

Full Text Available This study aims to present a reflection on the interface between the use and abuse of the right to patent. Bibliographic method will be developed to achieve the proposed objective focusing on the specific case involving the legal battle against the company Monsanto. Thus, a vast literature was analyzed on the subject trying to identify in this case what is the interface that balances the right to the patent. Intellectual property rights repeatedly occupy the pages of the major newspapers in the world, demonstrating the existing fight between the most diverse countries when it becomes the exclusive use of a particular invention. This is where the relevance of this research on the subject lays, once the intellectual property rights require academic reflections on the conflicts surrounding intellectual property.

Phenomenological analysis of properties of the right-handed Majorana neutrino in the seesaw mechanism

International Nuclear Information System (INIS)

Pan Haijun; Cheng, G.

2002-01-01

As an extension of our previous work in the seesaw mechanism, we analyze the influence of nonzero U e3 on the properties (masses and mixing) of the right-handed Majorana neutrinos in three flavors. The quasidegenerate light neutrinos case is also considered. Assuming the hierarchical Dirac neutrino masses, we find the heavy Majorana neutrino mass spectrum is either hierarchical or partially degenerate if θ 23 ν is large. We show that degenerate right-handed (RH) Majorana masses correspond to a maximal RH mixing angle while hierarchical ones correspond to the RH mixing angles which scale linearly with the mass ratios of the Dirac neutrino masses. An interesting analogue to the behavior of the matter-enhanced neutrino conversion and their difference is presented

In the absence of private property rights: Political control and state corporatism during Putin's first tenure

Directory of Open Access Journals (Sweden)

Nadia Vanteeva

2016-03-01

Full Text Available This paper argues that Russia's choice of economic organization, which is based on the renewed role of the state, is a response to the existence of severe transaction costs, and subsequent mitigation of contractual incompleteness in the absence of a strong property rights system. Ill-defined property rights have historically hampered formation of business classes in Russia, reducing the necessity for appropriate market infrastructure. This also implied that if Russia's political and economic system had more than one competing hierarchy, the objective of the elites would not have entailed long-term economic growth, as gains from short-term wealth tunneling would have been much larger. As in the early 2000s Russian investment projects were generally defined by large sunk costs and long-term to maturity, under a weak legal system a new substitute governing mechanism, which took form of the state–private co-partnership system, has arisen in order to reduce hold-up costs leading to high levels of underinvestment.

Impact of intellectual property rights from publicly financed research and development on research alliance governance mode decisions

CSIR Research Space (South Africa)

Staphorst, L

2015-06-01

Full Text Available Recently, demands to generate more economic benefit from publicly financed Research and Development (R&D) in South African has resulted in the enactment of the Technology Innovation Agency (TIA) and the Intellectual Property Rights from Publicly...

Reconstruction of Furniture Production as Potential and Reputable Intellectual Property Rights (IPR Creative Design Model

Directory of Open Access Journals (Sweden)

husen hendriyana

2017-10-01

Full Text Available Along with recent rapid development of science, technology, art and culture, through research institutions from the central to the local level, the government seriously activates enhancement and protection of the intellectual products of the nation. Such as protection of intellectual property rights against irresponsible plagiarism. This is due to that the appearance, process, or invention steps of the creative furniture designer in the society or in the academic environment have the potential and the opportunity to be registered as Intellectual Properties (IP or gain Intellectual Property Rights (IPR. Besides aiming to lift up the state or institutions achievement and attainment of intellectual property rights internationally, the added value also can be developed in the direction of economic upgrade. Research on furniture products designs have been numerously carried out with various objects and cases, yet the diversity of the subject character and creative processes still have not well defined so they enrich the model of creative process design. This study aims to identify, classify and formulate a potential furniture design model of creative process and IPR standard, through methods PAR. The results of this study are (1 prototype of furniture design products, (2 the creative process model and the construction methods process of furniture design with a concept or a specific theme; (3 Registration of IPR; (4 Scientific manuscript. Seiring dengan perkembangan ilmu pengetahuan, teknologi, seni dan budaya yang marak dewasa ini, melalui lembaga penelitian dari tingkat pusat sampai ketingkat daerah, pemerintah semakin serius menggalangkan peningkatan dan perlindungan terhadap produk intelektual anak bangsa. Salah satu contoh di antaranya adalah perlindungan terhadap hak kekayaan intelektual dari perilaku plagiarism yang tidak bertanggung jawab. Hal ini tiada lain bahwa, bentuk, proses, maupun invention steps dari para pelaku kreatif desain mebel

Reflections on the International Networking Conference “Ethical and Social Aspects of Intellectual Property Rights – Agrifood and Health”, Brussels, September 2011

NARCIS (Netherlands)

Korthals, M.; Timmermann, C.A.

2013-01-01

Public goods, as well as commercial commodities, are affected by exclusive arrangements secured by intellectual property (IP) rights. These rights serve as an incentive to invest human and material capital in research and development. Particularly in the life sciences, IP rights regulate objects

The WTP for property rights for the Giant Panda: can a charismatic species be an instrument for conservation of natural habitat?

OpenAIRE

Kontoleon, A.; Swanson, T.

2002-01-01

The paper presents the results from a stated preference study to address issues concerning the potential for using flag-ship species, such as the Giant Panda, to purchase the property rights for the conservation of natural habitat. The study finds, first, that there is clear WTP for acquiring the property rights for panda habitat. The nature of this demand is found both convincing and logically coherent in that it is an increasing function of land (at a diminishing rate). Secondly, the stu...

Harmonisation of ASEAN’s Intellectual Property Rights Law; Is it Possible?

Directory of Open Access Journals (Sweden)

Nurul Barizah

2017-04-01

Full Text Available Intellectual Property Rights (IPR is one of the most important subjects of trading, not only in the era of globalism, but also in this era of regionalism.  In the regional ASEAN, its significant of IPR protection has made Member Nations introduced ASEAN Framework Agreement on Intellectual Property (IP Cooperation in 1995, a year after the conclusion of the Trade-related Aspects of Intellectual Property Rights (TRIPs Agreement of the World Trade Organization (WTO. This paper discusses  the current development of this Framework in the light to harmonise Intellectual Property (IP laws in the region, covering  the objectives, the basic principles, and some substantial provisions. Then, it examines whether fast pace of IP laws development in ASEAN have been mainly driven by this Framework Agreement or the countries’s deadline to comply with the TRIPs obligations. This paper also examines whether the regional economic cooperation of ASEAN Free Trade Agreement (FTA with their trading partners pay a specific attention to the issue of IPR. By taking into account the different level of national IPRs laws, and its current development, it can be concluded that the ASEAN framework on IP Cooperation is rather ambitious. The Working Groups succeeded in developing draft on regional filing forms for IP registration, but the progress in the introduction of the system has been very slow.                                                                        AbstrakHak Kekayaan Intelektual (HKI merupakan salah satu subyek perdagangan yang sangat penting, tidak hanya di era globalisasi, tetapi juga di era regionalisasi. Dalam regional ASEAN,  pentingnya perlindungan HKI telah membuat negara-negara anggota menyepakati Kerangka Perjanjian Kerjasama Kekayaan Intelektual tahun 1995, setahun setelah disepakatinya Perjanjian yang terkait dengan Hak Kekayaan Intelektual (TRIPs yang diprakasai

[Asymmetry in international relations, industrial property rights and anti-HIV medication].

Science.gov (United States)

Costa-Couto, Maria Helena; Nascimento, Alvaro César

2008-01-01

This paper analyzes the asymmetry in the international relations as refers to the recognition of industrial property rights in the pharmaceutical industry. It focuses on the impact of such relations upon the access to ARV medication, an issue of worldwide interest due to its connection with the development of the nations. Clashing interests and the position taken by some countries in their patent laws point to a scenario less favorable for the access of peripheral countries to anti-HIV/AIDS medication. On the other hand, it seems that the success of the Brazilian STD/AIDS program in negotiating ARV prices will open new possibilities. The solution may be the internal strengthening of the National States and the active role played by the Agencies of the United Nations System in defense of the collective human interests.

Poverty, health & intellectual property rights with special reference to India.

Science.gov (United States)

Satyanarayana, K; Srivastava, S

2007-10-01

This paper examines the nexus between poverty and global health with specific focus on IPR protection and attempts to highlight the current global endeavours to overcome barriers to access to medicines for diseases of the poor. The number of very poor people in the world has increased by 10.4 per cent between 1987 and 2001 to 2735 million. India is now home to the largest number of millionaires in the developing countries. But over 800 million Indians who still survive on Rs 20.0 (US$0.5) a day, and rural poverty is on the rise. The link between poverty and health is well established with the underprivileged are more vulnerable to major health risks due to poor nutrition, inadequate access to clean drinking water, sanitation, exposure to indoor smoke, etc. all of which contribute to the huge and growing burden of disease in the poor countries. The global disease burden is not just huge but growing: over 10 million children die of preventable conditions including vaccine-preventable diseases, about 14 million are killed by infectious diseases every year, 90-95 per cent in poor countries. An estimated third of global population has limited or no access to essential medicines. While the number of poor and unhealthy is growing, Government expenditure on health is dwindling. Many of the diseases of the poor require new medicines and none are forthcoming as there is little R&D for these infections. There are several barriers to access to existing and the newly discovered drugs. One major reason is the general lack of interest by the pharma industry to discover new medicines for diseases of the poor due to very limited market in developing countries. In addition, global intellectual property rights (IPR) protection regimes like the Trade Related Intellectual Property Rights (TRIPS) are considered a major obstacle for the poor access to medicines. There have been some global initiatives on the need to improve affordability and accessibility of medicines. Some strategies to

Intellectual property rights, benefit-sharing and development of "improved traditional medicines": A new approach.

Science.gov (United States)

Willcox, Merlin; Diallo, Drissa; Sanogo, Rokia; Giani, Sergio; Graz, Bertrand; Falquet, Jacques; Bodeker, Gerard

2015-12-24

Protection of intellectual property rights and benefit-sharing are key issues for all ethnopharmacological research. The International Society of Ethnobiology has produced helpful guidelines on access and benefit-sharing which are widely viewed as a "gold standard" but the question remains how best to apply these guidelines in practice. Difficult questions include ownership of traditional knowledge, making appropriate agreements, and how appropriately to share benefits. We present the case study of the development of an "improved traditional medicine" for malaria in Mali and we report how benefit-sharing was applied in this case. The knowledge about the selected plant came independently from several families and traditional healers. The IPR approach was to recognise that this traditional knowledge belongs to the people of Mali and was used for their benefit in developing a new "improved traditional medicine" (ITM). The traditional healer whose method of preparation was used, and who collaborated in clinical trials, did not request any financial reward but asked for the ITM to be named after him. The most sustainable benefit for the community was sharing the results of which preparation of which medicinal plant seemed to be the most effective for treating malaria. Attempts at providing a health centre and training a health worker for the village did not prove to be sustainable. Respect for intellectual property rights and benefit-sharing are possible even in a context where the knowledge is not owned by a clearly identified person or group of people. The most sustainable benefits are intangible rather than material: namely recognition, improved knowledge about which traditional treatment is the best and how to prepare and take it. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

Right $P$-comparable semigroups

OpenAIRE

Halimi, Nazer. H.

2009-01-01

In this paper we introduce the notion of right waist and right comparizer ideals for semigroups. In particular, we study the ideal theory of semigroups containing right waists and right comparizer ideals. We also study those properties of right cones that can be carried over to right $P$-comparable semigroups. We give sufficient and necessary conditions on the set of nilpotent elements of a semigroup to be an ideal. We provide several equivalent characterizations for a right ideal being a rig...

A Conjecture on Institutional Rationalities and Property Rights in Public Procurement of Innovation

DEFF Research Database (Denmark)

Ågren, Robert; Rolfstam, Max

2013-01-01

The increased interest in using public procurement as a policy tool for innovation has renewed a need for understanding the procurement process. A conjecture on institutional rationalities and property rights is offered to explain the hurdles present for conducting successful procurement projects....... If an efficient negotiation solution is to be achieved participants in procurement projects need to be aware of the other participants’ institutional rationalities and actively consider these while concluding the terms of procurement projects. Consequently, future policy efforts towards increased innovation have...... to be targeting the process of public procurement of innovation, rather than focusing on regulatory issues....

[Intellectual property rights in Costa Rica in the light of the Biodiversity Convention].

Science.gov (United States)

Salazar, R; Cabrera, J A

1996-04-01

This report analyzes intellectual property rights and acquisition of biological samples in light of the Biological Diversity Convention, with emphasis on Costa Rica. It examines the legal framework which exists for the protection of biological resources in this country, especially evaluating the law regarding protection of biota, which was approved in 1992. This includes information regarding access to genetic resources, and regulation for the aforementioned law. It examines the Biological Diversity Convention which was signed at the Rio Summit in 1992, whose objectives and goals, above all, emphasize the subject of distribution of benefits to be derived from the utilization of biological resources.

Legal Issues of Intellectual Property Rights and Licensing for E-Learning Content in the United Kingdom

Science.gov (United States)

Mehrpouyan, Azadeh; Razavi, Ghassem Khadem

2014-01-01

This article focuses on the legal rules of intellectual property rights (IPR) in networked e-learning. Its purpose is to act as an awareness-raising device about IPR, especially in the public-sector e-learning community in the UK, by describing the relevant aspects of IPR, providing legal guidance on IPR in e-learning, especially on the use of…

Parallels in preschoolers' and adults' judgments about ownership rights and bodily rights.

Science.gov (United States)

Van de Vondervoort, Julia W; Friedman, Ori

2015-01-01

Understanding ownership rights is necessary for socially appropriate behavior. We provide evidence that preschoolers' and adults' judgments of ownership rights are related to their judgments of bodily rights. Four-year-olds (n = 70) and adults (n = 89) evaluated the acceptability of harmless actions targeting owned property and body parts. At both ages, evaluations did not vary for owned property or body parts. Instead, evaluations were influenced by two other manipulations-whether the target belonged to the agent or another person, and whether that other person approved of the action. Moreover, these manipulations influenced judgments for owned objects and body parts in the same way: When the other person approved of the action, participants' judgments were positive regardless of who the target belonged to. In contrast, when that person disapproved, judgments depended on who the target belonged to. These findings show that young children grasp the importance of approval or consent for ownership rights and bodily rights, and likewise suggest that people's notions of ownership rights are related to their appreciation of bodily rights. Copyright © 2014 Cognitive Science Society, Inc.

Multilateral Organization vs. Bilateral Negotiations: A Case of the Trade-Related Aspects of Intellectual Property Rights (TRIPs

Directory of Open Access Journals (Sweden)

Namhoon Kwon

2001-12-01

Full Text Available In the 1990s, the issue of intellectual property rights (IPR protection gained a prominent place on the international trade agenda, which led to the establishment of the trade-related aspects of intellectual property rights (TRIPs as a part of the WTO regime. Two questions are asked regarding this development: whether a multilateral organization such as the WTO performs better than bilateral negotiations in resolving IPR disputes, and what happened around the 1990s to create an environment favorable to the establishment of a multilateral organization. To deal with these issues, this paper takes the IPE (international political economy approach. Using a very simple game theory model, I derive the cases in which a multilateral organization has better performances. Then, it is used to show that political pressures due to the growth of the US trade deficit in the late 1980s could have been the reason that a multilateral organization became the institutional equilibrium.

36 CFR 14.5 - Nature of interest granted; settlement on right-of-way; rights of ingress and egress.

Science.gov (United States)

2010-07-01

... 36 Parks, Forests, and Public Property 1 2010-07-01 2010-07-01 false Nature of interest granted; settlement on right-of-way; rights of ingress and egress. 14.5 Section 14.5 Parks, Forests, and Public Property NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR RIGHTS-OF-WAY Nature of Interest § 14.5 Nature...

75 FR 60567 - Blocking Property of Certain Persons With Respect to Serious Human Rights Abuses by the...

Science.gov (United States)

2010-10-01

... Order 13553 of September 28, 2010 Blocking Property of Certain Persons With Respect to Serious Human Rights Abuses by the Government of Iran and Taking Certain Other Actions By the authority vested in me as..., or responsible for ordering, controlling, or otherwise directing, the commission of serious human...

An evaluation of the transformation of the perpetual usufruct right to the real estate property right Ocena opłacalności przekształcenia prawa użytkowania wieczystego w prawo własności nieruchomości

Directory of Open Access Journals (Sweden)

Witold Wielicki

2007-12-01

Full Text Available This article presents the analysis of profitability of the transformation of the perpetual usufruct right into the property right, at various moments of binding of this right, on the basis of the empirical formula presented in the respective act of law – the Ordinance of the Council of Ministers, concerning real estate appraisal and the estimate statement. It has been analysed how the fee for the transformation method of the perpetual usufruct right to the property is modified depending on the adopted rate of capitalization, the interest rate on the annual fee, and the number of remaining years of the unused perpetual usufruct right.

39 CFR 776.10 - Lease, easement, right-of-way, or disposal of property to non-federal parties.

Science.gov (United States)

2010-07-01

... 39 Postal Service 1 2010-07-01 2010-07-01 false Lease, easement, right-of-way, or disposal of property to non-federal parties. 776.10 Section 776.10 Postal Service UNITED STATES POSTAL SERVICE... parties, the Postal Service shall: (a) Reference in the conveyance document that the parcel contains...

39 CFR 776.7 - Lease, easement, right-of-way, or disposal of property to non-federal parties.

Science.gov (United States)

2010-07-01

... 39 Postal Service 1 2010-07-01 2010-07-01 false Lease, easement, right-of-way, or disposal of property to non-federal parties. 776.7 Section 776.7 Postal Service UNITED STATES POSTAL SERVICE... Postal Service shall: (a) Reference in the conveyance document that the parcel is located in a floodplain...

36 CFR 1004.20 - Right of way.

Science.gov (United States)

2010-07-01

... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Right of way. 1004.20 Section 1004.20 Parks, Forests, and Public Property PRESIDIO TRUST VEHICLES AND TRAFFIC SAFETY § 1004.20 Right of way. An operator of a motor vehicle shall yield the right of way to pedestrians, saddle and pack...

Economic analysis of pre-emptive right in the Serbian Law on property restitution and compensation

OpenAIRE

Baturan Luka O.

2015-01-01

This paper is application of cost-benefit analysis on a pre-emptive rights, which is established by the Serbian Law on Property Restitution and Compensation. The basic hypothesis is that this law institute disturbs efficiency of resource allocation, and decreases social welfare. There are a few better and more efficient institutes which can be used for gaining of goods in public ownership. To prove this hypothesis, we used neo-institutional economy method and normative method. In the first pa...

How Institutions Shape Preferences: Experimental Evidence from a Large-Scale Property Rights Reform Implemented as Randomized Control-Trial

NARCIS (Netherlands)

M. Fabbri (Marco)

2017-01-01

textabstractI investigate how a major institutional reform of property rights over land affects cooperation and trust preferences in a society where agricultural land is the main households' asset. The reform took place in hundreds of West African villages in Benin and consists in registering

Property rights and water markets in Australia: An evolutionary process toward institutional reform

Science.gov (United States)

Pigram, John J.

1993-04-01

In the past decade far-reaching reforms have taken place in the Australian water industry. Extensive restructuring of water administration has been accompanied by increased evidence of willingness by public agencies to consider alternative institutional arrangements to the traditional regulatory approach to water allocation and use. In irrigated agriculture, a market-based system linked to enforceable property rights to water is seen as preferable to rule-based management of water resources. However, significant social and economic considerations and political realities constrain the unfettered operation of water markets. The challenge facing the irrigation industry in Australia is to put in place institutional arrangements which reflect the most appropriate mix of incentive-based and regulatory mechanisms for water management.

Right to property, inheritance, and contract and persons with mental illness.

Science.gov (United States)

Bhugra, Dinesh; Pathare, Soumitra; Joshi, Rajlaxmi; Nardodkar, Renuka; Torales, Julio; Tolentino, Edgardo Juan L; Dantas, Rubens; Ventriglio, Antonio

2016-08-01

Discrimination against people with mental illness is rife across the globe. Among different types of discrimination is the policy in many countries where persons with mental illness are forbidden to inherit property, and they are not able to enter into a contract in a large number of countries. Using various databases, legislations dealing with law of contract, law of succession/inheritance, and law relating to testamentary capacity (wills) of all UN Member states (193 countries) were studied. With respect to federal countries, the laws of the most populous state as a representative state in the respective country were studied. Only 40 Member States (21%) recognize/allow persons with mental health problems to enter into contracts. Of these, however, only 16 Member States (9%) recognize the right of persons with mental health problems to enter into a contract without any restrictions. The remaining 24 Member States (12%) allow a contract entered into by a person with mental health problems to be invalidated under certain conditions. These countries also make the validity of the contract subject to the capacity to consent or based on the level of understanding of the person with mental health problems. They may allow persons with mental health problems to enter into contracts only for transactions of an insignificant nature or of personal rights. Only 9% of the countries allow people with mental illness to enter into contracts in an unrestricted way. Furthermore, there remain variations between high income and low income states. In spite of international laws in many countries, laws remain discriminatory.

Intellectual Properties Rights-A strong determinant of economic growth in agriculture

Directory of Open Access Journals (Sweden)

Love Kumar Singh

2010-01-01

Full Text Available In the past few decades the subject of intellectual property rights (IPRs has occupied center stage in debates about globalization, economic development and poverty elimination. This study concerns the strengthening of IPRs in the plant breeding industry and its effect on agriculture in India. In India, most of the population relies on agricul-ture for its livelihood. India is self-sufficient in wheat and paddy, but deficient in other agricultural products. Pat-ents are good indicators of research and development output. Patent analysis makes it possible to map out the trend of technological change and life cycle of a technology - growth, development, maturity and decline. Patent infor-mation and patent statistical analysis have been used for examining present, technological status and to forecast future trends. One can determine the directions of corporate R&D and market interests by analyzing patent data. The present study is an attempt to analyze patents granted in India in the field of agriculture and importance of biotechnology-based innovations in agriculture

Intellectual Property Rights in Computer Science

DEFF Research Database (Denmark)

Bujlow, Tomasz

of money spent on equipment, technology, and salaries. Therefore, it is very important to secure the outcome by restricting other people from copying and selling the invention. There are several ways of protecting our work: patents, design rights, copyrights, and trademarks. In software engineering...... the last two -- copyrights and trademarks -- are broadly used. Copyrighting computer programs is not only made for obtaining proper license fees in the future. Free software uses copyright to secure its freedom and to prohibit other users from making it proprietary and selling it for money. Making...

78 FR 3015 - Privacy Act of 1974; U.S. Customs and Border Protection; DHS/CBP-004-Intellectual Property Rights...

Science.gov (United States)

2013-01-15

... Search Systems, System of Records AGENCY: Department of Homeland Security, Privacy Office. ACTION: Notice... and Border Protection, Mint Annex, 799 9th Street NW., Washington, DC 20229-1177. For privacy issues... Property Rights Internal Search (IPRiS) system. IPRS provides a web-based search engine for the public to...

Wealth and Secular Stagnation: The Role of Industrial Organization and Intellectual Property Rights

Directory of Open Access Journals (Sweden)

Herman Mark Schwartz

2016-10-01

Full Text Available Changes in firm strategy and structure partially explain the sources and consequences of rising wealth inequality in America. Combining use of state-created monopolies around intellectual property rights (IPRs for profitability and firm-level strategies to transform their industrial organization by pushing physical capital and noncore labor outside the boundaries of the firm leads to rising levels of wealth and income inequality among firms as well as individuals. Income inequality among firms in turn reduces growth in productive investment and thus in aggregate demand. Slower growth reflexively deters firms from new investment, aggravating the shortfall in aggregate demand. Decreased protection for IPRs and increased protection for subcontracted workers would help increase aggregate demand and thus push growth back to its prior level, as well as reducing wealth and income inequality among individuals.

Antitrust rules and Intellectual Property Rights in the EU and the US – Towards convergence?

Directory of Open Access Journals (Sweden)

Mario Todino

2014-07-01

Full Text Available In light of the exponential increase of the number of investigations raising the issue of how to reconcile competition rules and Intellectual Property Rights (IPRs, it is now clear that the area of Antitrust/IP intersection is becoming the battleground of antitrust enforcers around the Globe. In some areas inherently prone to market power accumulation, antitrust rules tend to clash with IPRs and prevail over the latter, for the intensity in the application of competition rules increasingly depends on the strength of the IPRs at stake, as well as on the sector involved. Information Communication Technology and Pharmaceuticals are the sectors most affected by this trend, as they both display specific market features calling for intensive antitrust scrutiny. Surprisingly enough, in these areas the EU and the US agencies are heading towards convergence, in light of the decisions taken in cases such as the judicial injunctions sought by FRAND-pledged SEPs holders and the reverse settlements in the Pharma sector. The purpose of this article is to show that in those areas more exposed to tension between antitrust and IP rules, there is an increasing level of convergence between the US and the EU. In particular, it is submitted that, like in the EU, the US is departing from the traditional symmetry principle under which antitrust rules are applied to IPRs exactly the same way as other property rights. In this new framework, inconsistency is more likely to come from the enforcement activity of NCAs across Europe.

A Review of the Conflict between Environmental Rights and Human ...

African Journals Online (AJOL)

Man often laid claim to different kinds of rights. These rights vary from his rights to life, bodily integrity, freedom of speech, freedom of association and right to own properties. The right to own properties is extended to own land, animals and dominate one's environment. In fact, man is always quick to use the biblical injunction ...

Intellectual Properties Rights-A strong determinant of economic growth in agriculture

Directory of Open Access Journals (Sweden)

Manju Chaudhary

2010-03-01

Full Text Available

In the past few decades the subject of intellectual property rights (IPRs has occupied center stage in debates about globalization, economic development and poverty elimination. This study concerns the strengthening of IPRs in the plant breeding industry and its effect on agriculture in India. In India, most of the population relies on agriculture for its livelihood. India is self-sufficient in wheat and paddy, but deficient in other agricultural products. Patents are good indicators of research and development output. Patent analysis makes it possible to map out the trend of technological change and life cycle of a technology – growth, development, maturity and decline. Patent information and patent statistical analysis have been used for examining present, technological status and to forecast future trends. One can determine the directions of corporate R&D and market interests by analyzing patent data. The present study is an attempt to analyze patents granted in India in the field of agriculture and importance of biotechnology-based innovations in agriculture

The Value of the Right to Exclude: An Empirical Assessment

NARCIS (Netherlands)

J.M. Klick (Jonathan); G. Parchomovsky (Gideon)

2016-01-01

markdownabstractProperty theorists have long deemed the right to exclude fundamental and essential for the efficient use and allocation of property. Recently, however, proponents of the progressive property movement have called into question the centrality of the right to exclude, suggesting that it

Discussion on the Legal Protection of Agriculture Intellectual Property Rights in Henan Province%河南省农业知识产权的法律保护问题探讨

Institute of Scientific and Technical Information of China (English)

秦元元

2011-01-01

分析了河南省农业知识产权法律保护存在的问题,提出了加强河南省农业知识产权法律保护的路径,即应从思想上增强农业知识产权法律保护意识,减少农业知识产权被非法窃取甚至流失的可能；健全农业知识产权法律保护体系,为做好河南省农业知识产权的法律保护工作提供刚性的制度保障；加大农业知识产权法律保护的执法力度,保持权益人寻求法律救助的热情；注重农业知识产权法律 ·保护专业人才培养,为河南省农业知识产权的法律保护务实人才基础.%Problems in the legal protection of agriculture intellectual property rights in Henan Province were analyzed, and the ways for enhancing agriculture intellectual property rights protection in Henan Province were proposed, namely, we should strengthen the consciousness of legal protection of agriculture intellectual property rights from the angle of thought, reduce the probability of the stealing and even lose of agriculture intellectual property; perfect legal protection of agriculture intellectual property rights system in Henan Province, to provide rigid system guarantee for the legal protection of agriculture intellectual property rights in Henan Province; strengthen the law enforcement of agriculture intellectual property protection, maintain the legal aid enthusiasm of the needy; pay attention to the professional talents cultivation of the legal protection of agricultural intellectual property rights, to consolidate personnel base for the legal protection of agricultural intellectual property rights in Henan Province.

O DIREITO DE PROPRIEDADE LIMITADO À DIMENSÃO AMBIENTAL / THE PROPERTY RIGHT LIMITED TO ENVIRONMENTAL CONCERNS

Directory of Open Access Journals (Sweden)

Hildemar Meneguzzi de Carvalho

2015-12-01

Full Text Available The current article has the objective of discussing the limitations imposed on property rights. Using the qualitative research methodology and inductive method, the construction of the text comes from the study of the limiting factors of the use, enjoyment and fruition of the premises, using the contents of the Brazilian Federal Constitution and some of the reflections promoted by Antonio Bartolini, in the lecture Le situazioni giuridiche soggettive nel diritto europeo, as the main theoretical foundation. This research is justified because of the current planet pollution and the scarcity of several natural resources. It attempts to analyze the principle of social function as a restrictive factor, added to the natural and legal - internal and external - limits; modeled on the example of the condominium, the urban plan, the division of urban land and the expropriation, giving particular emphasis to environmental restrictions. As a result, we seek to certify the feasibility of absolute and arbitrary use of the property for a society that moves towards sustainability.

Children's judgments about ownership rights and body rights: Evidence for a common basis.

Science.gov (United States)

Van de Vondervoort, Julia W; Meinz, Paul; Friedman, Ori

2017-03-01

We report two experiments supporting the theory that children's understanding of ownership rights is related to their notions of body rights. Experiment 1 investigated 4- to 7-year-olds' (N=123) developing sensitivity to physical contact in their judgments about the acceptability of behaving in relation to owned objects and body parts. Experiment 2 used a simpler design to investigate this in 3- and 4-year-olds (N=112). Findings confirmed two predictions of the theory. First, in both experiments, children's judgments about ownership and body rights were similarly affected by physical contact. Second, judgments about both kinds of rights were yoked in development; age-related changes in judgments about ownership rights were paralleled by changes in judgments about body rights. Our findings have additional import for theories of ownership rights because they suggest that physical contact may be a crucial factor in whether behaviors targeting property are judged to be permissible. Copyright © 2016 Elsevier Inc. All rights reserved.

The Borders of EU Competences with Regard to the International Regulation of Intellectual Property Rights: Constructing a Dam to Resist a River Bursting Its Banks

Directory of Open Access Journals (Sweden)

Yole Tanghe

2016-04-01

Full Text Available In view of the recent negotiations on the highly anticipated Free Trade Agreements to which the EU shall be party ('e.g.' CETA and TTIP, assessing the extent to which the EU can regulate intellectual property rights in its external relations seems relevant. Two recent cases of the Court of Justice of the EU have reversed its landmark decision in Opinion 1/94, in which intellectual property regulation was almost entirely excluded from the EU’s exclusive competence in trade matters. Firstly, in the 'Daiichi Sankyo' case, the Court elaborated upon the EU’s explicit external competence in the field of intellectual property. This explicit competence is provided for by Article 207 TFEU on the common commercial policy, which allows the EU to conclude agreements concerning the ‘commercial aspects of intellectual property’. In the 'Broadcasting Rights' case, the Court founded its decision on the EU’s implied competence to conclude international agreements, as provided for by Article 3(2 TFEU. Considering the outcome of these two judgments, the Court seems to grant the EU a wide scope of action with regard to intellectual property rights. As a consequence, questions arise with regard to the post-Lisbon era role that is left for the Member States in the field of intellectual property. Therefore, the aim of this article is to outline the scope of the EU’s exclusivity in IP matters and to highlight the borders.

An Analysis and Comments on the First IT Intellectual Property Right Case in China

Institute of Scientific and Technical Information of China (English)

FENG Wei; YIN Lu

2006-01-01

The Netac Technology Co., Ltd brought suit against Beijing Huaqi Information Digital Technology Co., Ltd for infringing Netac's patent. This case was the preclude to the intellectual property rights (IPR) war of the internal enterprises. The process of this case was followed with great interest because it would influence the development of the hundreds of Mobile Storage enterprises in China. This paper is based on the brief review of the details of the case, the authors analyze the main legal issues covered by this case from the two aspects of the substantive and the procedural law, and reach the conclusions that the IPR strategy has gradually become the key to the IT enterprises in their intense market competition and that the concerned laws and regulations in China should be rectified and improved accordingly.

How the Recession Affects the Expectations of Potential Acquirers of Real Estate Right in Deciding to Purchase Property?

OpenAIRE

Grum, Bojan; Grum, Darja Kobal

2012-01-01

The objective was to identify factors which are critical to potential acquirers of real estate right in deciding to purchase property. We analysed whether the recession is negatively associated with these expectations. The results of 1306 participant show that people generally expressed higher expectations in year 2009 than then in year 2011, as specially reflected by younger participants. Further analyses of the impact of statistically significant differences of potential acquirers of real e...

36 CFR 4.20 - Right of way.

Science.gov (United States)

2010-07-01

... 36 Parks, Forests, and Public Property 1 2010-07-01 2010-07-01 false Right of way. 4.20 Section 4... TRAFFIC SAFETY § 4.20 Right of way. An operator of a motor vehicle shall yield the right of way to pedestrians, saddle and pack animals and vehicles drawn by animals. Failure to yield the right of way is...

Intellectual property rights related to the genetically modified glyphosate tolerant soybeans in Brazil

Directory of Open Access Journals (Sweden)

Roberta L Rodrigues

2011-06-01

Full Text Available The present work analyzes the different modalities of protection of the intellectual creations in the biotechnology agricultural field. Regarding the Brazilian legislations related to the theme (the Industrial Property Law - no. 9. 279/96 and the Plant Variety Protection Law - no. 9. 456/97, and based in the international treaties signed by Brazil, the present work points to the inclusions of each of them, as well as to their interfaces using as reference the case study of glyphosate tolerant genetically modified soybean. For this case study, Monsanto's pipelines patents were searched and used to analyze the limits of patent protection in respect to others related to the Intellectual Property (IP laws. Thus, it was possible to elucidate the complex scenario of the Intellectual Property of the glyphosate tolerant soybeans, since for the farmer it is hard to correlate the royalties payment with the IP enterprise's rightsO presente trabalho analisa as diferentes modalidades de proteção das criações intelectuais no campo da biotecnologia agrícola. A partir das leis Brasileiras relacionadas ao tema (Lei da Propriedade Industrial - nº 9.279/96 e Lei da Proteção de Cultivares - nº 9.456/97, e com base nos tratados internacionais assinados pelo Brasil, o presente trabalho aponta as inclusões de cada uma, assim como, suas interfaces usando como referência o estudo de caso da soja geneticamente modificada para tolerância ao glifosato. Para este caso, patentes pipelines da Monsanto foram buscadas e usadas para analisar os limites de proteção das patentes frente às outras leis de Propriedade Intelectual (PI relacionadas. Assim, foi possível elucidar o cenário complexo da Propriedade Intelectual das sojas tolerantes ao glifosato, já que para o agricultor não é fácil correlacionar o pagamento dos royalties com os direitos de PI da empresa

Right of way real property asset management : prototype data architecture.

Science.gov (United States)

2009-02-01

The Texas Department of Transportation (TxDOT) is responsible for managing 1.1 million acres of land that : provide right of way for approximately 80,000 centerline miles of state-maintained roads. Management of : the huge right of way asset involves...

Intellectual Property Rights: Governing Cultural and Educational Futures

Science.gov (United States)

Kapitzke, Cushla

2006-01-01

This article uses Nikolas Rose's theory of governmentality to examine ways in which intellectual property is imbricated in a broad spectrum of globalised and globalising discourses. Using the 2004 Australia-United States Free Trade Agreement as a case in point, it shows how discourses of culture, trade, foreign policy, and security intersect and…

32 CFR 643.11 - Rights of entry.

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Rights of entry. 643.11 Section 643.11 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) REAL PROPERTY REAL ESTATE General § 643.11 Rights of entry. Pending the signing of the formal instrument, no right of entry will be...

Markets for financial transmission rights

International Nuclear Information System (INIS)

Kristiansen, T.

2004-01-01

Results of a survey of markets for financial transmission rights that facilitate competitive, open and non-discriminatory electricity market design are discussed. Specifically, the survey covered Pennsylvania, New Jersey, Maryland (PJM), New York, California, New England, Texas and New Zealand. The main emphasis was on the PJM and the New York markets, since they are the most mature. Interwowen with the results is a thorough discussion of the properties, features and the design of financial transaction rights in the various jurisdictions, the advantages, disadvantages and market performance of financial transmission rights, market performance criteria, and the mechanism for acquiring financial transmission rights. 49 refs., 14 tabs., 6 figs

Practical Approaches to the Numerus Clausus of Land Rights : How Legal Professionals in South Africa and the Netherlands deal with Certainty and Flexibility in Property Law

NARCIS (Netherlands)

Verstappen, Leonardus; Mostert, Hanri; Barr, Warren

2015-01-01

This chapter examines the application of the numerus clausus in respect of types and content of rights in two jurisdictions strongly subscribing to the civil law tradition of property, the Netherlands and South Africa. In categorising real rights according to content and type, these two systems

10 CFR 603.860 - Rights to inventions.

Science.gov (United States)

2010-01-01

... approved by assigned intellectual property counsel. (c) Taking past investments as an example, the... DEPARTMENT OF ENERGY (CONTINUED) ASSISTANCE REGULATIONS TECHNOLOGY INVESTMENT AGREEMENTS Award Terms Related to Other Administrative Matters Intellectual Property § 603.860 Rights to inventions. (a) The...

Are civil-law notaries rent-seeking monopolists or essential market intermediaries? Endogenous development of a property rights institution in Mexico

Science.gov (United States)

Monkkonen, Paavo

2017-01-01

As the fourth contribution in the ‘Land’ section, this paper forms a research ‘diptych’ with the next paper by Levy. Whereas she focuses on the notarial institution in mid-nineteenth century Mexico, this contribution examines it in a contemporary context. The notary is one of the chief components of property rights protection in civil-law systems, performing various public functions such as writing deeds for real estate property. Yet notaries are considered an ‘inefficient’ institution by many, due to the perception of rent-seeking behavior enabled by their near-monopoly over validating property rights claims. This study examines notaries in Mexico to unpack the apparent contradiction in the role of notaries in economic development. I use a combination of interviews with notaries and clients, and data on notarial practice and bureaucratic outcomes across the country, to examine notaries’ social function. The theoretical lens of endogenous development and institutional functionalism reveals an alternate explanation for their seemingly high-cost services, as well as their role in economic development. Mexican notaries have a dual social function: public representative and private service provider. They perform diverse and essential activities, which in other countries are performed by multiple actors such as real estate agents, escrow offices and title insurance companies. Thus, what is perceived as inefficiency by some can be interpreted as an efficient response to the context in which they operate, and their semi-privatized nature can overcome problems found in other bureaucratic arrangements. PMID:28615798

Are civil-law notaries rent-seeking monopolists or essential market intermediaries? Endogenous development of a property rights institution in Mexico.

Science.gov (United States)

Monkkonen, Paavo

2016-01-01

As the fourth contribution in the 'Land' section, this paper forms a research 'diptych' with the next paper by Levy. Whereas she focuses on the notarial institution in mid-nineteenth century Mexico, this contribution examines it in a contemporary context. The notary is one of the chief components of property rights protection in civil-law systems, performing various public functions such as writing deeds for real estate property. Yet notaries are considered an 'inefficient' institution by many, due to the perception of rent-seeking behavior enabled by their near-monopoly over validating property rights claims. This study examines notaries in Mexico to unpack the apparent contradiction in the role of notaries in economic development. I use a combination of interviews with notaries and clients, and data on notarial practice and bureaucratic outcomes across the country, to examine notaries' social function. The theoretical lens of endogenous development and institutional functionalism reveals an alternate explanation for their seemingly high-cost services, as well as their role in economic development. Mexican notaries have a dual social function: public representative and private service provider. They perform diverse and essential activities, which in other countries are performed by multiple actors such as real estate agents, escrow offices and title insurance companies. Thus, what is perceived as inefficiency by some can be interpreted as an efficient response to the context in which they operate, and their semi-privatized nature can overcome problems found in other bureaucratic arrangements.

36 CFR 293.11 - Water rights.

Science.gov (United States)

2010-07-01

... 36 Parks, Forests, and Public Property 2 2010-07-01 2010-07-01 false Water rights. 293.11 Section...-PRIMITIVE AREAS § 293.11 Water rights. Nothing in the regulations in this part constitutes an expressed or implied claim or denial on the part of the Department of Agriculture as to exemption from State water laws. ...

Legislative Protection of Property Rights in Ethiopia: An Overview

African Journals Online (AJOL)

Muradu_A.

the economic potentials of assets, integrates dispersed information into one ... over a piece of property (which allows long term investments using one's own capital, through .... Ethiopia which not only takes into account the present economic.

Do institutions matter in neighbourhood commons governance? A two-stage relationship between diverse property-rights structure and residential public open space (POS quality: Kota Kinabalu and Penampang, Sabah, Malaysia

Directory of Open Access Journals (Sweden)

Ling Gabriel Hoh Teck

2016-02-01

Full Text Available Despite the existing literature regarding institutional influence ontraditional commons, there is still a comparative dearth of research that theorisesproperty-rights structure and its impact on contemporary commons. This isparticularly true for public open space (POS governance: its management andutilisation and hence its quality, of which underinvestment and overexploitationleads to increasingly negative externalities and outcomes. An interdisciplinarystudy is employed here to depict the relationships of diverse property-rightsstructure attributes – POS title existence, community existence, POS title transfer and POS site handing-over period to local government – with quality ofresidential POS. A cross-sectional survey via direct structured observation witha POS quality audit tool was conducted to collect a randomly stratified sampleof 155 Country Lease (CL POS and entire 22 Native Title (NT POS, from thedistricts of Kota Kinabalu and Penampang, Sabah, respectively. Archival searchand document analysis on data of property-rights attributes were executed aswell. Next, 2-stage Pearson’s Chi-Square ( c2 and Lambda (λ with ProportionalReduction Error feature analyses were performed. Results showed that only thesethree property-rights attributes – title deed existence, community existence andPOS site handing-over period to local government- are significantly associatedwith POS quality at significance level (p≤0.05. It is found that, although POSwith title deed and community’s involvement might not contribute to goodquality, these attributes were likely to provide better quality. On the other hand,it is found that the more recent the POS site handing over to government, thehigher the likelihood of good POS quality and vice versa. Such empirical findingsprima facie infer that: (i current local property-rights structure does matter incontributing to POS condition, particularly the effective management right whichlikely leads to better

Breeding business : the future of plant breeding in the light of developments in patent rights and plant breeder's rights

NARCIS (Netherlands)

Louwaars, N.P.; Dons, J.J.M.; Overwalle, van G.; Raven, H.; Arundel, A.; Eaton, D.; Nelis, A.

2009-01-01

Plant breeding serves an important public interest. Two intellectual property (IP) systems are relevant for the protection of innovations in this sector: plant breeder's rights and patent rights. Some exemptions play an important role in plant breeding, such as the 'breeder's exemption', which is

23 CFR 710.405 - Air rights on the Interstate.

Science.gov (United States)

2010-04-01

... 23 Highways 1 2010-04-01 2010-04-01 false Air rights on the Interstate. 710.405 Section 710.405 Highways FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY AND ENVIRONMENT RIGHT-OF-WAY AND REAL ESTATE Real Property Management § 710.405 Air rights on the Interstate. (a) The FHWA...

Human rights and human tissue : The case of sperm as property

NARCIS (Netherlands)

Goodwin, Morag; Brownsword, Roger; Yeung, Karen; Scotford, Eloise

2016-01-01

In a 2012 case from Canada, the Supreme Court of British Columbia held that sperm acquired and stored for the purposes of IVF could be considered shared marital property in the event of a separation. This case followed on from similar cases that accepted sperm as capable of being property. This

The natural rights of children

Science.gov (United States)

Block, Walter E.; Smith, Ed; Reel, Jordan

2014-01-01

What does libertarian theory, Murray Rothbard’s theory in particular, tell us about the rights of children? The two foundational principles of Rothbardian libertarianism are the sanctity of private property and the rule of non-aggression. Persons, including children, are “self-owners”. Yet children, at a young age, are not yet capable of functioning fully as “self-owners.” They must be cared for, and the caring will necessarily involve some degree of aggression in the form of supervision and restraint. Parents and other caregivers play the role of trustees; and just as the beneficiary of a trust has the right to petition a court to change trustees or terminate the trustee relationship, so a child, able to express his preferences when it comes to the nature and degree of supervision and restraint to which he will be subjected, should equally enjoy that right while, in terms of property rights, a biological caregiver may have better “title” than an adoptive caregiver to be the child’s “trustee” given the child’s inability to express a preference for one or the other. What may seem to a contemporary sensibility as an extreme degree of childhood independence in the choice of caregivers and other freedom from supervision and restraint was common in pre-industrial America and continues to be the rule in some native cultures. PMID:24639983

The Natural Rights of Children

Directory of Open Access Journals (Sweden)

Walter Block

2014-02-01

Full Text Available What does libertarian theory, Murray Rothbard’s theory in particular, tell us about the rights of children? The two foundational principles of Rothbardian libertarianism are the sanctity of private property and the rule of non-aggression. Persons, including children, are “self-owners”. Yet children, at a young age, are not yet capable of functioning fully as “self-owners.” They must be cared for, and the caring will necessarily involve some degree of aggression in the form of supervision and restraint. Parents and other caregivers play the role of trustees; and just as the beneficiary of a trust has the right to petition a court to change trustees or terminate the trustee relationship, so a child, able to express his preferences when it comes to the nature and degree of supervision and restraint to which he will be subjected, should equally enjoy that right while, in terms of property rights, a biological caregiver may have better “title” than an adoptive caregiver to be the child’s “trustee” given the child’s inability to express a preference for one or the other. What may seem to a contemporary sensibility as an extreme degree of childhood independence in the choice of caregivers and other freedom from supervision and restraint was common in pre-industrial America and continues to be the rule in some native cultures.

The natural rights of children.

Science.gov (United States)

Block, Walter E; Smith, Ed; Reel, Jordan

2014-02-01

What does libertarian theory, Murray Rothbard's theory in particular, tell us about the rights of children? The two foundational principles of Rothbardian libertarianism are the sanctity of private property and the rule of non-aggression. Persons, including children, are "self-owners". Yet children, at a young age, are not yet capable of functioning fully as "self-owners." They must be cared for, and the caring will necessarily involve some degree of aggression in the form of supervision and restraint. Parents and other caregivers play the role of trustees; and just as the beneficiary of a trust has the right to petition a court to change trustees or terminate the trustee relationship, so a child, able to express his preferences when it comes to the nature and degree of supervision and restraint to which he will be subjected, should equally enjoy that right while, in terms of property rights, a biological caregiver may have better "title" than an adoptive caregiver to be the child's "trustee" given the child's inability to express a preference for one or the other. What may seem to a contemporary sensibility as an extreme degree of childhood independence in the choice of caregivers and other freedom from supervision and restraint was common in pre-industrial America and continues to be the rule in some native cultures.

Innovation and Technology Dissemination in Clean Technology Markets and The Developing World: The Role of Trade, Intellectual Property Rights, and Uncertainty

Directory of Open Access Journals (Sweden)

Kristina M. Lybecker

2014-01-01

Full Text Available Innovation is an inherently risky and uncertain process. Many of the broader challenges to innovation in general are both mirrored and exaggerated in clean technology innovation. The development of environmental technologies is further complicated by the public goods nature of knowledge, environmental externalities, and uncertainty. This study on clean technology focuses on recent work on the role of uncertainty, the participation of emerging and developing nations, the controversy surrounding intellectual property rights, and the variety of market actors and strategies in place. The paper also considers the policy instruments that are available, the cost, benefits and consequences of their use. As scholars continue to analyze when, where, why and how clean technology innovations are developed and adopted, it is essential that government policymakers aim to reduce uncertainty and risk, incentivize innovation with effective intellectual property rights, and foster transparency in the market. This continues to be a field of increasing future importance, and a rich area for continued academic study and analysis. Consumers, government policymakers and innovators would all benefit from a greater understanding of the process of technological change in the development, diffusion and financing of clean technologies.

Human rights & intellectual property for universal access to new essential medicines

NARCIS (Netherlands)

Perehudoff, Katrina; 't Hoen, Elisabeth; Babar, Zaheer

2018-01-01

This chapter illustrates how human rights principles can help governments, even those with the most modest budgets, scale-up universal access to expensive essential medicines. The key message is that governments have legally binding human rights obligations to immediately take steps to provide

Altered Right Ventricular Mechanical Properties Are Afterload Dependent in a Rodent Model of Bronchopulmonary Dysplasia

Directory of Open Access Journals (Sweden)

Jitandrakumar R. Patel

2017-10-01

Full Text Available Infants born premature are at increased risk for development of bronchopulmonary dysplasia (BPD, pulmonary hypertension (PH, and ultimately right ventricular (RV dysfunction, which together carry a high risk of neonatal mortality. However, the role alveolar simplification and abnormal pulmonary microvascular development in BPD affects RV contractile properties is unknown. We used a rat model of BPD to examine the effect of hyperoxia-induced PH on RV contractile properties. We measured in vivo RV pressure as well as passive force, maximum Ca2+ activated force, calcium sensitivity of force (pCa50 and rate of force redevelopment (ktr in RV skinned trabeculae isolated from hearts of 21-and 35-day old rats pre-exposed to 21% oxygen (normoxia or 85% oxygen (hyperoxia for 14 days after birth. Systolic and diastolic RV pressure were significantly higher at day 21 in hyperoxia exposed rats compared to normoxia control rats, but normalized by 35 days of age. Passive force, maximum Ca2+ activated force, and calcium sensitivity of force were elevated and cross-bridge cycling kinetics depressed in 21-day old hyperoxic trabeculae, whereas no differences between normoxic and hyperoxic trabeculae were seen at 35 days. Myofibrillar protein analysis revealed that 21-day old hyperoxic trabeculae had increased levels of beta-myosin heavy chain (β-MHC, atrial myosin light chain 1 (aMLC1; often referred to as essential light chain, and slow skeletal troponin I (ssTnI compared to age matched normoxic trabeculae. On the other hand, 35-day old normoxic and hyperoxic trabeculae expressed similar level of α- and β-MHC, ventricular MLC1 and predominantly cTnI. These results suggest that neonatal exposure to hyperoxia increases RV afterload and affect both the steady state and dynamic contractile properties of the RV, likely as a result of hyperoxia-induced expression of β-MHC, delayed transition of slow skeletal TnI to cardiac TnI, and expression of atrial MLC1. These

Collective Action in the Management of a Tropical Dry Forest Ecosystem: Effects of Mexico's Property Rights Regime

Science.gov (United States)

Schroeder, Natalia Mariel; Castillo, Alicia

2013-04-01

Dilemmas of natural resources governance have been a central concern for scholars, policy makers, and users. Major debates occur over the implications of property rights for common resources management. After the Mexican Revolution (1910-1917), land was distributed mainly as ejidos conceived as a hereditary but unalienable collective form of property. In 1992, a new Agrarian Law was decreed that allows individual ownership by removing various restrictions over the transfer of land. Scholars have examined the reform mainly focusing on land-tenure changes and environmental fragmentation. This study examines how the new ownership regime is affecting collective decision-making in ejidos located in a tropical dry forest (TDF) ecosystem. Information on decision-making processes before and after the 1992 reform was gathered through 52 interviews conducted in four ejidos selected along a gradient including agricultural, cattle-raising, and TDF use. The new individualized land property system reduced collective action in ejidos but did not trigger it. Collective action responses to the 1992 reform were buffered by self-organization each ejido already had. Heterogeneous users who shared a short history and showed little understanding of TDF and low dependence on its resources seemed to explain why ejidos have not been able to share a sense of community that would shape the construction of institutions for the collective management of forest resources. However, when a resource is scarce and highly valuable such as water the same users showed capacities for undertaking costly co-operative activities.

Impacts of intellectual property rights on marker-assisted selection research and application for agriculture in developing countries

International Nuclear Information System (INIS)

Henson-Apollonio, V.

2007-01-01

Although the impact of marker-assisted selection (MAS) in commercial and public sector breeding programmes in developing countries is to date limited to a few crops and traits, the potential benefits of using markers linked to genes of interest in breeding programmes for improving the productivity of crops, livestock, forest trees and farmed fish is substantial. While more recent methods associated with the use of MAS are technically demanding and often expensive, most applications of basic MAS were initially described in the literature, and thus will likely have very few intellectual property (IP) restrictions associated with their use, irrespective of the agricultural sector involved. For example, isolating DNA, amplifying specific gene sequences from that DNA (with most available primers), separating fragments using gel/polyacrylamide electrophoresis and imaging of fragments with standard techniques are likely to be available without restriction to scientists and breeders in the developing world, even as part of a commercial service. Problems arise when there is a need to use or develop high-throughput modes, which require more sophisticated technologies. For high-throughput use, a breeder will want to use the most efficient techniques that are currently available. This means that the more advanced processes/methods, reagents, software applications/simulations and equipment, which provide the most effective means to exploit MAS fully, are most likely covered by intellectual property rights (IPRs) such as patent rights, confidential information (trade secrets) and copyrights, both in industrialized countries and also in many developing countries such as Brazil, China and India. In situations where breeders wish to use cutting edge technologies and the most efficient markers, care must be taken to avoid activities that may infringe IPRs when using MAS methodologies. (author)

Corporate and public governances in transition: the limits of property rights and the significance of legal institutions

Directory of Open Access Journals (Sweden)

Jean-François Nivet

2004-12-01

Full Text Available Post-socialist transition raises crucial issues about the institutional setting of a market economy. The priority has been given to property rights, and privatization has been advocated as a means to depoliticize economic activities. The dismissal of external interventions, allied with the attraction to the American model and Hayekian ideas, often led to the introduction of minimal laws and wait for their evolutionary development. The failure of corporate and public governance, notably in Russia, helps to show why, on the contrary, democratically established legal rules are essential. Legislation should not only protect corporate shareholders and stakeholders, but more fundamentally all citizens against predatory collusive behavior of political, economic and criminal elites

The deeper life bible church and the issues of human rights ...

African Journals Online (AJOL)

Such rights include; right to life, right to educate and be educated, right to own property, right to marry and be married, etcetera. These rights are guaranteed by the United Nations Organization (UNO) and constitutions of various countries of the world. These rights, as being practiced in the Deeper Life Bible Church, are the ...

Taking Stock of Carbon Rights in REDD+ Candidate Countries: Concept Meets Reality

Directory of Open Access Journals (Sweden)

Lasse Loft

2015-04-01

Full Text Available In the discourses on who should benefit from national REDD+ implementation, rights-based approaches are prominent across various countries. Options on how to create viable property rights arrangements are currently being debated by scholars, policy makers and practitioners alike. Many REDD+ advocates argue that assigning carbon rights represents a solution to insecure individual and community property rights. But carbon rights, i.e., the bundle of legal rights to carbon sequestered in biomass, present their own set of theoretical and practical challenges. We assess the status and approaches chosen in emerging carbon-rights legislations in five REDD+ countries based on a literature review and country expert knowledge: Peru, Brazil, Cameroon, Vietnam and Indonesia. We find that most countries assessed have not yet made final decisions as to the type of benefit sharing mechanisms they intend to implement and that there is a lack of clarity about who owns rights to carbon as a property and who is entitled to receive benefits. However, there is a trend of linking carbon rights to land rights. As such, the technical and also political challenges that land tenure clarification has faced over the past decades will still need to be addressed in the context of carbon rights.

Intellectual Property.

Science.gov (United States)

Swinson, John V.

2000-01-01

Intellectual property is a term that covers a number of different rights. Considers issues such as what are the basic forms of intellectual property; who owns the intellectual property created by a teacher; who owns intellectual property created by students; and use of downloaded materials from the internet. (Author/LM)

Overview of Court Practice Relating to the Right of the Limited Use of Someone Else's Property in an English Law

Directory of Open Access Journals (Sweden)

Viktoria S. Arhipova

2016-09-01

Full Text Available In this article author carries out the detailed overview of the court practice concerning the right of limited use of someone else's property in system of a common law. In it definition the concept "servitude", servitude signs of an English law is given, each of them is in detail described and additional requirements which are necessary for existence of the servitude are described. In the conclusion the author emphasizes that the case law, unfortunately, has for the judge certainly no binding force. In certain cases the judge has the right to deviate from precedents and to pass the decision, new on the content. This fact proves flexibility of case law, but at the same time and some uncertainty, the choice of one of a set of the available precedents and its interpretation at discretion depends on the judge.

Flexible intellectual property rights lead to greater innovation in Africa

International Development Research Centre (IDRC) Digital Library (Canada)

2016-04-27

Apr 27, 2016 ... The network is unique in offering a distinctly African perspective on the global intellectual property and innovation agenda. ... Case studies illustrate this balance: ... Unlocking the potential of Africa's young entrepreneurs.

Economic governance of property rights: comparative analysis on the collection of royalties in genetically modified soybean seeds

Directory of Open Access Journals (Sweden)

Guilherme Fowler de Avila Monteiro

2013-03-01

Full Text Available This paper examines the governance of property rights on genetically modified (GM soybean seeds. Specifically, the article undertakes a comparative analysis on the collection of royalties in GM soybean seeds in the U.S. and Brazil. For each country, the authors describe the regulatory framework governing the protection of biotechnology innovations in agriculture and investigate the mechanisms of royalty collection in GM soybean seeds. The paper also offers econometric evidence linking the capture of value on biotech innovations and the protection mechanisms deployed by biotech firms. The results suggest that, subject to the institutional environment, firms may choose to transact a GM attribute separated from the seed, building specialized governance structures framed around the genetic attribute and not around the seed as a whole.

Reclaiming deserted corridors: Rights of way as common property resources

International Nuclear Information System (INIS)

Brown, D.T.

1993-01-01

In Canada, power line transmission corridors are administered and maintained by provincial crown utilities. These corridors have fragmented natural habitats, destroyed biota, and disrupted geological and hydrologic systems. The practices used by utilities to maintain their rights-of-way tend to worsen the environmental and social context of the localities affected by the corridors. If the corridors are considered as common resources, and if co-management of these resources is undertaken involving the utilities and the communities affected by the corridors, public rights-of-way would be created which would have environmental benefits. These corridors would have a recreational potential and could be managed so as to reduce considerably the negative impacts presently generated by current right-of-way management practices. The use of local residents in this management process could ensure that the use of the corridors harmonizes with local needs. Among the obstacles to the co-management of these corridors are the badly defined policies of secondary land use, the restrictions on vegetation maintenance in utility corridors, lengthy approvals processes, and concerns about public liability. To make co-management of these corridors a reality, new policy structures and new procedures have to be developed in cooperation with the utilities and the affected communities. 14 refs., 1 fig

Statutory right of pre-emption of agricultural real estate Ustawowe prawo pierwokupu nieruchomości rolnych

Directory of Open Access Journals (Sweden)

Aneta Suchoń

2008-09-01

Full Text Available The article presents the problem of the right of pre-emption of agricultural real property and attempt to answer the question whether it was justified for the legislator to introduce a right which limits an attribute of an owner, such as the right of asset disposal. The statutory right of pre-emption of agricultural property has been regulated in different legal acts and entitle to the lessee, the Agricultural Property Agency and the co-owner. The article also discusses issues concerning the exercise of the right of pre-emption and problems concerning the concurrence of the right of pre-emption from the Act on the establishment of the agrarian system with other cases of the statutory right of pre-emption. In Authors opinion the fact that the right of pre-emption of agricultural property to the lessee and co-owner has to be considered as positive, but some conditions should be change. It is also necessary to change the provisions of the Act of 11 April 2003 on the establishment of the agrarian system concerning the right of pre-emption of the Agricultural Property Agency The objective scope of the application of the right of pre-emption (re-demption is too wide.

Intellectual Property Rights in the Australian University Context: An Overview.

Science.gov (United States)

Ricketson, Sam

1993-01-01

The existing legal position of Australian universities with respect to ownership and exploitation of intellectual property by faculty, students, and outside consultants is described. Issues requiring attention are noted, including resources for exploitation, sharing of proceeds, and copyright considerations; and some possible solutions are…

The trespasses of property law.

Science.gov (United States)

Wall, Jesse

2014-01-01

The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting 'contingent rights' and that recent cases where property rights have been recognised in semen represent the application of property law beyond this limit. I also suggest how the law ought to develop in order to avoid the overextensive use of property law.

Impact of the trade-related aspects of intellectual property rights (TRIPS) agreement on India as a supplier of generic antiretrovirals.

Science.gov (United States)

Babovic, Sonja; Wasan, Kishor M

2011-03-01

This is a commentary on how the trade-related aspects of intellectual property rights (TRIPS) agreement has impacted India as a supplier of generic antiretrovirals (ARVs). We provide a systematic review of the issues related to the TRIPS agreement that affects India. This includes discussion around (a) the legal landscape underpinning India as a supplier of generic ARVs; (b) supply of second-line ARVs; and (c) the future of generic drug production in India. The proclamation into force of TRIPS-compliant intellectual property law in India is likely to affect its position as a supplier of affordable ARVs, especially drugs brought to market after 2005. Currently, mechanisms exist for the generic production of almost all ARVs in India, including second-line drugs; however, the manufacture of these drugs by generic pharmaceutical companies may require additional market incentives. Compulsory licensing may emerge as an additional mechanism by which India can provide affordable versions of patented drugs to Least Developed Countries (LDCs). Copyright © 2010 Wiley-Liss, Inc.

Intellectual property rights and gene-based technologies for animal production and health. Issues for developing countries

International Nuclear Information System (INIS)

Dutfield, G.

2005-01-01

Intellectual property rights (IPR) are legal and institutional devices to protect creations of the mind. With respect to gene-based innovation, the most significant IPR is patents. Appropriate patent regimes have the potential to foster innovation in animal biotechnology and the transfer of gene-based technologies. Inappropriate patent systems may be counter-productive. Indeed, many critics are doubtful that the current international patent standards, based as they are on a combination of the United States of America' and European regimes, can help countries that lack the capacity to do much life science and biotechnology research to become more innovative o r contribute to the acquisition, absorption and, where desirable, the adaptation of new gene-based technologies from outside. Present legislation in Europe, North America and internationally is considered, together with the controversies and important policy questions for developing countries, and the choices facing countries seeking to enhance their scientific and technological capacities in these areas. (author)

The Right to Property and Inheritance in the Old Testament

Directory of Open Access Journals (Sweden)

Adrian Vasile

2016-01-01

Inheritance has for ever played an important part in human societies and it still does in certainareas of the world. The Jewish right to succession had some features that derived from thepatriarchal family, which had been thoroughly established even before the age of stateconsolidation.

Medicine procurement and the use of flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights, 2001-2016.

Science.gov (United States)

't Hoen, Ellen Fm; Veraldi, Jacquelyn; Toebes, Brigit; Hogerzeil, Hans V

2018-03-01

Millions of people, particularly in low- and middle-income countries, lack access to effective pharmaceuticals, often because they are unaffordable. The 2001 Ministerial Conference of the World Trade Organization (WTO) adopted the Doha Declaration on the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement and Public Health. The declaration recognized the implications of intellectual property rights for both new medicine development and the price of medicines. The declaration outlined measures, known as TRIPS flexibilities, that WTO Members can take to ensure access to medicines for all. These measures include compulsory licensing of medicines patents and the least-developed countries pharmaceutical transition measure. The aim of this study was to document the use of TRIPS flexibilities to access lower-priced generic medicines between 2001 and 2016. Overall, 176 instances of the possible use of TRIPS flexibilities by 89 countries were identified: 100 (56.8%) involved compulsory licences or public noncommercial use licences and 40 (22.7%) involved the least-developed countries pharmaceutical transition measure. The remainder were: 1 case of parallel importation; 3 research exceptions; and 32 non-patent-related measures. Of the 176 instances, 152 (86.4%) were implemented. They covered products for treating 14 different diseases. However, 137 (77.8%) concerned medicines for human immunodeficiency virus infection and acquired immune deficiency syndrome or related diseases. The use of TRIPS flexibilities was found to be more frequent than is commonly assumed. Given the problems faced by countries today in procuring high-priced, patented medicines, the practical, legal pathway provided by TRIPS flexibilities for accessing lower-cost generic equivalents is increasingly important.

Desiring Diversity and Backlash: White Property Rights in Higher Education

Science.gov (United States)

Patel, Leigh

2015-01-01

In this theoretical essay, I argue that the current incidences of backlash to diversity are best understood as a dynamic of complicated, historic and intertwined desires for racial diversity and white entitlement to property. I frame this argument in the theories of critical race theory and settler colonialism, each of which provide necessary but…

Animal rights, animal minds, and human mindreading.

Science.gov (United States)

Mameli, M; Bortolotti, L

2006-02-01

Do non-human animals have rights? The answer to this question depends on whether animals have morally relevant mental properties. Mindreading is the human activity of ascribing mental states to other organisms. Current knowledge about the evolution and cognitive structure of mindreading indicates that human ascriptions of mental states to non-human animals are very inaccurate. The accuracy of human mindreading can be improved with the help of scientific studies of animal minds. However, the scientific studies do not by themselves solve the problem of how to map psychological similarities (and differences) between humans and animals onto a distinction between morally relevant and morally irrelevant mental properties. The current limitations of human mindreading-whether scientifically aided or not-have practical consequences for the rational justification of claims about which rights (if any) non-human animals should be accorded.

Welfare Rights in the Liberal Tradition.

Science.gov (United States)

Horne, Thomas A.

1990-01-01

Maintains that welfare rights are not incompatible with liberalism's commitment to private property and freedom. Argues that students need to be aware of liberalism's favorable historical position on welfare. Examines the positions of John Locke, Thomas Paine, and John Stuart Mills on poverty, welfare, and the role of the state. (RW)

Free trade or just trade? The world trade organisation, human rights ...

African Journals Online (AJOL)

User

Organisation (WIPO).101 At the national level, patent protection varied between .... anti-competitive abuse of intellectual property rights by right holders. ...... Measures Affecting the Importation of Milk and the Exportation of Dairy Products.

Neither property right nor heroic gift, neither sacrifice nor aporia: the benefit of the theoretical lens of sharing in donation ethics.

Science.gov (United States)

Zeiler, Kristin

2014-05-01

Two ethical frameworks have dominated the discussion of organ donation for long: that of property rights and that of gift-giving. However, recent years have seen a drastic rise in the number of philosophical analyses of the meaning of giving and generosity, which has been mirrored in ethical debates on organ donation and in critical sociological, anthropological and ethnological work on the gift metaphor in this context. In order to capture the flourishing of this field, this article distinguishes between four frameworks for thinking about bodily exchanges in medicine: those of property rights, heroic gift-giving, sacrifice, and gift-giving as aporia. These frameworks represent four different ways of making sense of donation of organs as well as tissue, gametes and blood, draw on different conceptions of the relations between the self and the other, and bring out different ethical issues as core ones. The article presents these frameworks, argues that all of them run into difficulties when trying to make sense of reciprocity and relational interdependence in donation, and shows how the three gift-giving frameworks (of heroism, sacrifice and aporia) hang together in a critical discussion about what is at stake in organ donation. It also presents and argues in favour of an alternative intercorporeal framework of giving-through-sharing that more thoroughly explicates the gift metaphor in the context of donation, and offers tools for making sense of relational dimensions of live and post mortem donations.

Application of Land Administration Domain Model to Recognition of Indigenous Community Rights in Indian Forests : Indian Forest Rights Act, 2006, examined with its Spatial Dimension

NARCIS (Netherlands)

Ghawana, Tarun; Hespanha, João Paulo; Zevenbergen, Jaap

2012-01-01

Recognizing the importance of protecting indigenous property rights, as acknowledged by worldwide organizations such as the United Nations, and specifically the poor and badly governed forested communities, this paper elected as its Use Case the implementation of the Indian Forest Rights Act from

Vaccines and IP Rights: A Multifaceted Relationship.

Science.gov (United States)

Durell, Karen

2016-01-01

Just as there are many forms of vaccines and components to vaccines-particular compositions, delivery systems, components, and distribution networks-there are a variety of intellectual property (IP) protections applicable for vaccines. IP rights such as patent, copyright, trademarks, plant breeders' rights, and trade secrets may all be applicable to vaccines. Thus, discussion of IP rights and vaccines should not begin and end with the application of one IP right to a vaccine. The discussion should engage considerations of multiple IP rights applicable to a vaccine and how these can be utilized in an integrated manner in a strategy aimed at supporting the development and distribution of the vaccine. Such an approach to IP rights to vaccines allows for the integrated rights to be considered in light of the justifications for protecting vaccines with IP rights, as well as the issues relating to specific IP rights for vaccines, such as compulsory license regimes, available humanitarian purpose IP credits, etc. To view vaccines as the subject of multiple IP protections involves a refocusing, but the outcome can provide significant benefits for vaccine development and distribution.

Human Rights Act, 12 February 1987.

Science.gov (United States)

1987-01-01

This document reprints major provisions of the Yukon's (Canada) 1987 Human Rights Act. The Act furthers the public policy that every individual is free and equal in dignity and rights, seeks to discourage and eliminate discrimination, and promotes the underlying principles of Canadian and international human rights instruments. Part 1 contains a Bill of Rights that protects the right to freedom of: 1) religion and conscience, 2) expression, 3) assembly and association, and 4) to enjoyment and disposition of property. Part 2 prohibits discrimination based on ancestry (including color and race), national origin, ethnic or linguistic background or origin, age, sex (including pregnancy), and marital or family status. Discrimination is also prohibited when offering services, goods, or facilities to the public; in connection with employment; in connection with membership in trade unions or trade, occupational, or professional associations; and in negotiation or performance of public contracts. The Bill of Rights lists reasonable causes for discrimination as well as exemptions, including preferential treatment for organization or family members or employment in a private home. Special programs and affirmative action programs are specifically not considered discrimination under this Act. The Act sets forth rules for providing equal pay for work of equal value and creates a Yukon Human Rights Commission to promote human rights and assist adjudication of complaints.

Preschoolers' Understanding of the Role of Communication and Cooperation in Establishing Property Rights

Science.gov (United States)

Rossano, Federico; Fiedler, Lydia; Tomasello, Michael

2015-01-01

Property as a social "agreement" comprises both a communicative component, in which someone makes a claim that she is entitled to some piece of property, and a cooperative component, in which others in the community respect that claim as legitimate. In the current study, preschool children were (a) given the opportunity to mark some…

[Conceptual foundations of creation of branch database of technology and intellectual property rights owned by scientific institutions, organizations, higher medical educational institutions and enterprises of healthcare sphere of Ukraine].

Science.gov (United States)

Horban', A Ie

2013-09-01

The question of implementation of the state policy in the field of technology transfer in the medical branch to implement the law of Ukraine of 02.10.2012 No 5407-VI "On Amendments to the law of Ukraine" "On state regulation of activity in the field of technology transfers", namely to ensure the formation of branch database on technology and intellectual property rights owned by scientific institutions, organizations, higher medical education institutions and enterprises of healthcare sphere of Ukraine and established by budget are considered. Analysis of international and domestic experience in the processing of information about intellectual property rights and systems implementation support transfer of new technologies are made. The main conceptual principles of creation of this branch database of technology transfer and branch technology transfer network are defined.

Intellectual property

Directory of Open Access Journals (Sweden)

MSc. Shpresa Ibrahimi

2012-06-01

Full Text Available Montenue, a distinct French scholar of intellectual property, has suggested that IP is a “tool which surprisingly helps a lot”, and this definition on science, arts, culture, since the 16th century. Now, what would be the definition of intellectual property for the 21st century? Apparently not a “strange” tool, but a necessary tool, primary for enriching human knowledge, and for the new world order, especially in the global market sphere. Intellectual property is an integral part of international trade, and its importance keeps increasing, since effective use of knowledge is increasingly influencing the economic prosperity of peoples. One may say that there is little originality in the creative sphere. Naturally, this originality can only be reflected by individuality and human identity in intellectual creativity The author rights in the Kosovo legislation is a novelty, a necessity of developing a creative environment in the fields of science, arts and industrial property. First and foremost, the individual benefit, which is secured by the author as the creator of the work, is a moral and material right. Secondly, there is a need for harmonization, not only of values for the creator, but also for the development of science, culture, increased competitive advantage, and the public sphere, as a benefit for the public health and security, and the fiscal policy. The deficiency one must record is with the Office for Copy Rights, which is to play a strong role in implementing and protecting copy rights and other related rights by licensing collective management agencies, imposing administrative fines, awareness raising, provision of information, and other capacity building and educative measures. Naturally, the enactment of good legislation is a system without any meaning or sense if not associated with the court practice. Any establishment of a legal system not pursued with enforcement mechanisms remains only in legal frameworks.

23 CFR 645.111 - Right-of-way.

Science.gov (United States)

2010-04-01

... existing location beause it holds the fee, an easement, or another real property interest, the damaging or... for highway purposes. (b) The utility shall determine and make a written valuation of the replacement... valuation shall be accomplished prior to negotiation for acquisition. (c) Acquisition of replacement right...

Innovation and Competition: Conflicts over Intellectual Property Rights in New Technologies.

Science.gov (United States)

Samuelson, Pamela

1987-01-01

Addresses conditions and concerns involved in accommodating the interests of both innovators of new technologies and the general public. Discusses the tension that exists in intellectual property law between innovators and competitors. Focuses on cases dealing with computer software and semiconductor chip designs, genetically-engineered life…

Defect and Innovation of Water Rights System

Institute of Scientific and Technical Information of China (English)

Zhou Bin

2008-01-01

The rare deposition of water resources conflicts with its limitless demand. This determined the existence of the water rights transaction system. The implementation of the water rights transaction system requires clarifying the definition of water re-source fight above all distinctly. At present, it is a kind of common right system arrangement which needs the Chinese government to dispose of water resources. Though a series of management sys-tems guaranteed the government's supply of water resource, it hindered the development of the water market seriously and caused the utilization of water resources to stay in the inefficient or low efficient state for a long time. Thus, we should change the government's leading role in the resource distribution and really rely on the market to carry on the water rights trade and transac-tion. In this way, the water rights could become a kind of private property right relatively, and circulate freely in the market. As a result of this, we should overcome the defects of common right, make its external performance internalized maximally and achieve the optimized water resource disposition and use it more effec-tively.

TAXATION OF PERFORMERS’ RIGHTS IN ROMANIA

Directory of Open Access Journals (Sweden)

Mariana SAVU

2015-07-01

Full Text Available In accordance with the Law no. 8/1996 („the Law”, the performers are required to exercise their rights through collective management for a range of economic rights provided for in article 1231 of the Law. A number of non-profit associations of various intellectual property right holders were established in this sense. Among them, CREDIDAM is the Performers’ Association, apart from that of authors (UCMR-ADA or of that of phonogram producers (UPFR. Thorough a series of ORDA’s Decisions, these Associations have each of them received a certain role in the collection of the rights which must be collectively managed. CREDIDAM activity is strictly regulated by Law; the duties and activities that it can carry on are performed under the provisions of the special law, the Law 8/1996 on copyright and related rights, and under their own Articles of Association. As a trustee, CREDIDAM activity consists in collecting the remuneration due to performers by the companies that use their artistic performances, and distribution of the appropriate remuneration to the artists, depending on the actual use of the Repertoire based on which they empowered CREDIDAM.”

Additive Manufacturing: An Analysis of Intellectual Property Rights on Navy Acquisition

Science.gov (United States)

2015-12-01

M Records, Inc., Geffen Records, Inc., Interscope Records, Sony Music Entertainment , Inc., MCA Records, Inc., Atlantic Recording Corp…Capitol...33 E. DIGITAL FILE SHARING IN THE MUSIC INDUSTRY: NAPSTER CASE...Industrial property includes patents, trademarks, and trade secrets. Copyright covers literary works, films, music , artistic works, and architectural design

Right to Health, negate theories , Lottery and Minimum Decent

Directory of Open Access Journals (Sweden)

Edith Maria Barbosa Ramos

2016-05-01

Full Text Available It approaches the theory that deny the right to health in order to highlight the fragility of arguments and demonstrate the ability to build a ethical justification for gua- ranteeing the right to health. Highlights the complexity of the right to health and the universality of their ownership, as well as discusses the identification of the right to health with the right to social assistance. It analyzes the theories of denial of the right to health from a proposal that presents libertarian. Noteworthy is the discussion on the relations proposed by this theory, between the right to health and the right to property, in order to justify the setting of a minimal state. We put in evidence the idea of  n atural and social lotteries, the duty of beneficence and the idea of   decent minimum, to introduce a reflec- tion on the health market.

Path innovation of rural property mortgage financing in China

Directory of Open Access Journals (Sweden)

Wu Yongchao

2016-01-01

Full Text Available Rural property mortgage financing, as an important breakthrough to deepen the reform of rural property right system and financial system, is an important approach to increase the farmers’ property income. Besides, rural property mortgage financing is of great significance in implementing the rural land usufructuary right and meeting the demand of medium-and-long-term and large-scale operation of the funds used in agricultural production. Under the existing institutional arrangement, the property mortgage financing in the rural areas of our country still is faced with many obstacles, and it is still at the stage of low level development. In this paper, closely based on the acceptability and the difficulty in the mortgaged property involving in legal disposal, the author puts forward important methods: clearly define the ownership, unify the urban and rural markets, increase the participation enthusiasm of financing bodies, and improve the supporting policies to promote property mortgage financing in rural area. Finally, the government should give farmers more property rights and revitalize the usufructuary right of agricultural land and its derivative right.

Report on fundamental investigation in fiscal 2000 of intellectual property right management criteria at General Research Institute of Industrial Technologies; 2000 nendo sangyo gijutsu sogo kenkyusho chiteki zaisanken kanri kiso chosa hokokusho

Energy Technology Data Exchange (ETDEWEB)

NONE

2001-03-01

Fundamental items of knowledge were collected on matters to form the base of management and utilization of intellectual property rights as the basic data for cooperation among industry, academia, and government. Activities were put into order on the following nine fields: 1) handling of tangible research property rights at universities, 2) the way the organization should be to support the cooperation between industry and academia - a mechanism at Massachusetts Institute of Technology (MIT), 3) licensing and technology transfer in India, 4) intellectual property trends for the 21st century, 5) management of intellectual property assets - in relation with the new current in the U.S. Patent Act, 6) comparative study of examination guidelines for computer-related inventions between the United States and Japan, 7) management of intellectual properties and business law aspects in the technology innovation times - examples in Seattle where IT and bio-technologies are originated from, 8) patents and bio-technical inventions, and 9) new movements in bio-technology patents. In Item 2), examples at MIT were studied on the way the organization should be to support the cooperation between industry and academia. The industry-academia cooperation is in action at various levels, not only in licensing, but also in the industrial liaison program, and consortiums. (NEDO)

Medicine procurement and the use of flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights, 2001–2016

Science.gov (United States)

Veraldi, Jacquelyn; Toebes, Brigit; Hogerzeil, Hans V

2018-01-01

Abstract Millions of people, particularly in low- and middle-income countries, lack access to effective pharmaceuticals, often because they are unaffordable. The 2001 Ministerial Conference of the World Trade Organization (WTO) adopted the Doha Declaration on the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement and Public Health. The declaration recognized the implications of intellectual property rights for both new medicine development and the price of medicines. The declaration outlined measures, known as TRIPS flexibilities, that WTO Members can take to ensure access to medicines for all. These measures include compulsory licensing of medicines patents and the least-developed countries pharmaceutical transition measure. The aim of this study was to document the use of TRIPS flexibilities to access lower-priced generic medicines between 2001 and 2016. Overall, 176 instances of the possible use of TRIPS flexibilities by 89 countries were identified: 100 (56.8%) involved compulsory licences or public noncommercial use licences and 40 (22.7%) involved the least-developed countries pharmaceutical transition measure. The remainder were: 1 case of parallel importation; 3 research exceptions; and 32 non-patent-related measures. Of the 176 instances, 152 (86.4%) were implemented. They covered products for treating 14 different diseases. However, 137 (77.8%) concerned medicines for human immunodeficiency virus infection and acquired immune deficiency syndrome or related diseases. The use of TRIPS flexibilities was found to be more frequent than is commonly assumed. Given the problems faced by countries today in procuring high-priced, patented medicines, the practical, legal pathway provided by TRIPS flexibilities for accessing lower-cost generic equivalents is increasingly important. PMID:29531417

Separate issues of rights and obligations of loan agreement parties

Directory of Open Access Journals (Sweden)

О. В. Ночовкіна

2015-05-01

Paper main body. Peculiarities of rights and duties of loan agreement parties mainly connected to gratuitous nature of such relations. The scope and content of rights and duties of the counterparts according to the agreement depends upon its legal structure (real or consensus. At characterization of the loan agreement parties’ duties we should address as to the regulations of Chapter 60 of Ukrainian Civil Law and to the regulations governing hire (rent relations. The Clauses of Chapter 58 of Ukrainian Civil Law shall be applied only if the opposite not determined by Chapter “Loan” and does not contradict gratuitous nature of loan relations. The main responsibility of the loaner according to the agreement is the transfer of piece of property to a user for gratuitous usage. At real transaction the loaner performs this function at the moment of agreement conclusion. At consensus model of transaction the duty of the loaner to transfer piece of property arise first of all.Conclusions. In order to improve legal regulation of certain duties of loan agreement parties we should: 1 in legal regulations to determine such terms as “ordinary costs”, “capital repairs” and “minor repairs”; 2 we should clearly indicate which regulations of Clause 58 “Hire(rent” can be applied to govern the loan agreement. Such improvement will allow to eliminate any disputes at allocation of rights and duties of the parties during insurance of loaned property, at repair of property and reimbursement of repair expenses.

Right handed neutrinos in scalar leptonic interactions

International Nuclear Information System (INIS)

Fleury, N.; Barroso, M.; Magalhaes, M.E.; Martins Simoes, J.A.

1985-01-01

In this note we propose that right handed neutrinos can behave as singlets. Their interaction properties could be revealed through scalar couplings. Signatures and branching ratios for this hypothesis are discussed. In particular we discuss angular asymmetries in ν μ e #-> # ν e μ due to scalar exchange and z 0 decay in two scalars

Page | 58 DEVELOPMENT OF THE HUMAN RIGHTS OF WOMEN ...

African Journals Online (AJOL)

Fr. Ikenga

It is not just the ratification of treaties that guarantees gender equality but the .... considered the purchased property of her husband, acquired only for his benefit. ... women's rights in civil, political, social, economic, and education fields.

32 CFR 643.124 - Rights-of-way for ferries and livestock.

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Rights-of-way for ferries and livestock. 643.124... PROPERTY REAL ESTATE Additional Authority of Commanders § 643.124 Rights-of-way for ferries and livestock. Installation commanders are authorized to grant permits for the landing of ferries and driving of livestock...

Thoughts on the Roots and Evolution of the Bill of Rights.

Science.gov (United States)

Robinson, Donald; And Others

1991-01-01

Considers how the Bill of Rights originated and has evolved. Reviews the political views of Alexander Hamilton and James Madison and the nature of their support for the Bill of Rights. Explains nineteenth-century classical liberalism and its revolutionary view that political power inhered in the individual rather than in property ownership. (CH)

Network access charges, vertical integration, and property rights structure - experiences from the German electricity markets

International Nuclear Information System (INIS)

Growitsch, C.; Wein, T.

2005-01-01

After the deregulation of the German electricity markets in 1998, the German government opted for a regulatory regime called negotiated third party access, which would be subject to ex-post control by the federal cartel office. Network access charges for new competitors are based on contractual arrangements between energy producers and industrial consumers. As the electricity networks are incontestable natural monopolies, the local and regional network operators are able to set (monopolistic) charges at their own discretion, restricted only by the possible interference of the federal cartel office (Bundeskartellamt). In this paper we analyze if there is evidence for varying charging behaviour depending on the supplier's economic independence (structure of property rights) or its level of vertical integration. For this purpose, we hypothesise that incorporated and vertically integrated suppliers set different charges than independent utility companies. Multivariate estimations show a relation between network access charges and the network operator's economic independence as well as level of vertical integration: on the low voltage level for an estimated annual consumption of 1700 kW/h, vertically integrated firms set-in accordance with our hypothesis-significantly lower access charges than vertically separated suppliers, whereas incorporated network operators charge significantly higher charges compared to independent suppliers. These results could not have been confirmed for other consumptions or voltage levels. (author)

Righting wrongs and reforming rights.

Science.gov (United States)

Ivey, Laurie C

2014-03-01

Discusses issues faced by LGBT people, such as a lack of equal civil rights and the need for extra legal and financial protection for families because partners cannot be married. The author notes that, in our society, it is no longer acceptable to be racist, but it is still okay to be homophobic. The many campaigns against gay marriage and efforts in the legislature to prevent change toward equal civil rights and protections are prime examples. In our current political climate, two things are very clear: (a) homophobia is freely tolerated and (b) the times are changing as we inch closer to equal rights every day. We are "righting wrongs and reforming rights."

Right-angled polyhedra and hyperbolic 3-manifolds

Science.gov (United States)

Vesnin, A. Yu.

2017-04-01

Hyperbolic 3-manifolds whose fundamental groups are subgroups of finite index in right-angled Coxeter groups are under consideration. The construction of such manifolds is associated with regular colourings of the faces of polyhedra and, in particular, with 4-colourings. The following questions are discussed: the structure of the set of right-angled polytopes in Lobachevskii space; examples of orientable and non-orientable manifolds, including the classical Löbell manifold constructed in 1931; connections between the Hamiltonian property of a polyhedron and the existence of hyperelliptic involutions of manifolds; the volumes and complexity of manifolds; isometry between hyperbolic manifolds constructed from 4-colourings. Bibliography: 89 titles.

Protecting Community Rights over Traditional Knowledge - Phase III ...

International Development Research Centre (IDRC) Digital Library (Canada)

Existing intellectual property regimes protect individual rights for the purpose of commercial gain, but are often unsuitable for protecting the collective heritage of indigenous and local communities whose livelihoods rely on access to biodiversity. This is an important but under-researched field, with few concrete examples of ...

[Aberrant topological properties of whole-brain functional network in chronic right-sided sensorineural hearing loss: a resting-state functional MRI study].

Science.gov (United States)

Zhang, Lingling; Liu, Bin; Xu, Yangwen; Yang, Ming; Feng, Yuan; Huang, Yaqing; Huan, Zhichun; Hou, Zhaorui

2015-02-03

To investigate the topological properties of the functional brain network in unilateral sensorineural hearing loss patients. In this study, we acquired resting-state BOLD- fMRI data from 19 right-sided SNHL patients and 31 healthy controls with normal hearing and constructed their whole brain functional networks. Two-sample two-tailed t-tests were performed to investigate group differences in topological parameters between the USNHL patients and the controls. Partial correlation analysis was conducted to determine the relationships between the network metrics and USNHL-related variables. Both USNHL patients and controls exhibited small-word architecture in their brain functional networks within the range 0. 1 - 0. 2 of sparsity. Compared to the controls, USNHL patients showed significant increase in characteristic path length and normalized characteristic path length, but significant decrease in global efficiency. Clustering coefficient, local efficiency and normalized clustering coefficient demonstrated no significant difference. Furthermore, USNHL patients exhibited no significant association between the altered network metrics and the duration of USNHL or the severity of hearing loss. Our results indicated the altered topological properties of whole brain functional networks in USNHL patients, which may help us to understand pathophysiologic mechanism of USNHL patients.

Do Brazilian courts contribute to the implementation of the right to housing?

OpenAIRE

Coutinho, Maria Laura de Souza

2014-01-01

The objective of this paper is to try to understand the Brazilian’s Courts role in the implementation of the Right to Housing. In order to do that, I analyzed three lawsuits (Favela Olga Benario, Favela Fiat/Vila Esperança and Pinheirinho I) in which the Right to Housing collide with the Right to Private Property. I claim that in spite of the adoption of the Social Function of the Ownership Principle and the formal inclusion of the Right to Housing among social rights protected by the Constit...

Women and Land Ownership Rights in Kilimanjaro: A Tension between Women Land Ownership Rights and Culture: A case of Moshi Rural District Tanzania

OpenAIRE

Asantemungu, Raphael Ernest

2011-01-01

Despite the efforts and strategies geared towards women in realizing property rights in terms of empowerment, participation and decision making in the global context today many African societies are still characterized by social economic and political inequalities between men and women. This situation is worse in Tanzania rural areas where women land rights are violated as result of culture being regarded as a daily routine that provide the basis and ways in which land is owned and distribute...

Protecting Children's Rights: "I Want to Live with BOTH Daddy and Mommy."

Science.gov (United States)

Hall, Alex S.; Kelly, Kevin R.

1992-01-01

Contends that counselors and teachers can promote children's rights to nurturance and self-determination by encouraging parents to respect children's desire to live with both parents after divorce. Attempts to increase awareness among teachers and counselors that children as persons, rather than property, have specific rights in relation to…

Why are generic drugs being held up in transit? Intellectual property rights, international trade, and the right to health in Brazil and beyond.

Science.gov (United States)

Rosina, Mônica Steffen Guise; Shaver, Lea

2012-01-01

Access to medicines faces a new legal threat: "border enforcement" of drug patents. Using Brazil as an example, this article shows how the right to health depends on international trade. Border seizures of generic drugs present human rights and trade institutions with a unique challenge. Can public health advocates rise to meet it? © 2012 American Society of Law, Medicine & Ethics, Inc.

Right patient, Right blood

DEFF Research Database (Denmark)

Selberg, Hanne; Madsen, Trine Stougaard

2014-01-01

Right patient, Right Blood Simulation based training in blood transfusion practice in nursing education Background: In spite of strict checking procedures to handling transfusion of blood severe adverse reactions are likely to happen and the major cause of morbidity occurs to be liable to human...

Owners of public property in Romania

Directory of Open Access Journals (Sweden)

Cătălin-Silviu SĂRARU

2015-06-01

Full Text Available This article analyzes the owners of public property: the state and the territorial administrative units. The article analyzes various theories about the quality in which the State exercising the right of public property (independently of the a legal person, based on the national sovereignty or as a public law legal person. Similar is analyzed the quality in which the administrative-territorial unit exercises the right of public property. In this article are analyzed also the meanings of the term "administrative territorial unit".

Communication rights: Fundamental human rights for all.

Science.gov (United States)

McLeod, Sharynne

2018-02-01

The right to communicate includes the right to "freedom of opinion and expression" and rights and freedoms "without distinction of … language". The 70th anniversary of the Universal Declaration of Human Rights is a time to celebrate and reflect on communication as a human right, particularly with respect to Article 19 and its relationship to national and international conventions, declarations, policies and practices. This review profiles articles from the special issue of International Journal of Speech-Language Pathology (volume 20, issue 1) addressing communication rights from four perspectives: (1) communication rights of all people; (2) communication rights of people with communication disabilities; (3) communication rights of children and (4) communication rights relating to language. Divergent perspectives from across the globe are considered. First-hand accounts of people whose right to communicate is compromised/upheld are included and perspectives are provided from people with expertise and advocacy roles in speech-language pathology, audiology, linguistics, education, media, literature and law, including members of the International Communication Project. Three steps are outlined to support communication rights: acknowledge people - adjust the communication style - take time to listen. Future advocacy for communication rights could be informed by replicating processes used to generate the Yogyakarta Principles.

Analysis of surveying and legal problems in granting right-of-way and expropriation for the purpose of locating technical infrastructure

Science.gov (United States)

Trembecka, Anna

2016-06-01

A condition which determines the location of technical infrastructure is an entrepreneur holding the right to use the property for construction purposes. Currently, there are parallel separate legal forms allowing the use of a real property for the purpose of locating transmission lines, i.e. transmission easement (right-of-way) established under the civil law and expropriation by limiting the rights to a property under the administrative law. The aim of the study is to compare these forms conferring the right to use real properties and to analyze the related surveying and legal problems occurring in practice. The research thesis of the article is ascertainment that the current legal provisions for establishing legal titles to a property in order to locate transmission lines need to be amended. The conducted study regarded legal conditions, extent of expropriation and granting right-of-way in the city of Krakow, as well as the problems associated with the ambiguous wording of the legal regulations. Part of the research was devoted to the form of rights to land in order to carry out similar projects in some European countries (France, Czech Republic, Germany, Sweden). The justification for the analysis of these issues is dictated by the scale of practical use of the aforementioned forms of rights to land in order to locate technical infrastructure. Over the period of 2011-2014, 651 agreements were concluded on granting transmission right-of-way for 967 cadastral parcels owned by the city of Krakow, and 105 expropriation decisions were issued, limiting the use of real properties in Krakow.

Positive rights, negative rights and health care.

Science.gov (United States)

Bradley, Andrew

2010-12-01

In the current debate about healthcare reform in the USA, advocates for government-ensured universal coverage assume that health care is a right. Although this position is politically popular, it is sometimes challenged by a restricted view of rights popular with libertarians and individualists. The restricted view of rights only accepts 'negative' rights as legitimate rights. Negative rights, the argument goes, place no obligations on you to provide goods to other people and thus respect your right to keep the fruits of your labour. A classic enumeration of negative rights includes life, liberty, and the pursuit of happiness. Positive rights, by contrast, obligate you either to provide goods to others, or pay taxes that are used for redistributive purposes. Health care falls into the category of positive rights since its provision by the government requires taxation and therefore redistribution. Therefore, the libertarian or individualist might argue that health care cannot be a true right. This paper rejects the distinction between positive and negative rights. In fact, the protection of both positive and negative rights can place obligations on others. Furthermore, because of its role in helping protect equality of opportunity, health care can be tied to the rights to life, liberty, and the pursuit of happiness. There is, therefore, good reason to believe that health care is a human right and that universal access should be guaranteed. The practical application, by governments and non-governmental organisations, of several of the arguments presented in this paper is also discussed.

36 CFR 1270.42 - Denial of access to public; right to appeal.

Science.gov (United States)

2010-07-01

...; right to appeal. 1270.42 Section 1270.42 Parks, Forests, and Public Property NATIONAL ARCHIVES AND... Denial of access to public; right to appeal. (a) Any person denied access to a Presidential record... library director at the address cited in part 1253 of this chapter. (b) All appeals must be received by...

Functional dissociation of the left and right fusiform gyrus in self-face recognition.

Science.gov (United States)

Ma, Yina; Han, Shihui

2012-10-01

It is well known that the fusiform gyrus is engaged in face perception, such as the processes of face familiarity and identity. However, the functional role of the fusiform gyrus in face processing related to high-level social cognition remains unclear. The current study assessed the functional role of individually defined fusiform face area (FFA) in the processing of self-face physical properties and self-face identity. We used functional magnetic resonance imaging to monitor neural responses to rapidly presented face stimuli drawn from morph continua between self-face (Morph 100%) and a gender-matched friend's face (Morph 0%) in a face recognition task. Contrasting Morph 100% versus Morph 60% that differed in self-face physical properties but were both recognized as the self uncovered neural activity sensitive to self-face physical properties in the left FFA. Contrasting Morphs 50% that were recognized as the self versus a friend on different trials revealed neural modulations associated with self-face identity in the right FFA. Moreover, the right FFA activity correlated with the frequency of recognizing Morphs 50% as the self. Our results provide evidence for functional dissociations of the left and right FFAs in the representations of self-face physical properties and self-face identity. Copyright © 2011 Wiley Periodicals, Inc.

Land Right Registration and Property Development for Poverty Eradication and Slum Clearance in Nigeria

Directory of Open Access Journals (Sweden)

Olusegun Olaopin Olanrele

2014-12-01

Full Text Available The focus of this paper is to unfold the implication of non-registration of land rights on the achievement of the poverty eradication and slum clearance targets of the United Nation's Millennium development goals in Nigeria. The paper is based on empirical survey of land holding in the outskirts of Ibadan city and the rural areas in Oyo State, of Nigeria. A case study research method was adopted and data were collected with the use of questionnaire survey and secondary data was also extracted from the state land registry office in respect of total cost of documentation of subsequent transaction on titled/registered land. The study found that ignorance and government insensitivity in addition to high cost and delay are among major constraints to land titling. Only a few opportune people can afford the land right formalization process and they do so when it becomes necessary. These unequivocally militate against the achievement of the poverty and slum eradication goals of the UN. The paper suggested simplification of the titling procedure, cost reduction, computerization and public enlightenment on the benefits of registered land right to facilitate efficient land right registration towards adequate housing for the citizenry.

Charlie Gard and the weight of parental rights to seek experimental treatment.

Science.gov (United States)

Birchley, Giles

2018-05-17

The case of Charlie Gard, an infant with a genetic illness whose parents sought experimental treatment in the USA, brought important debates about the moral status of parents and children to the public eye. After setting out the facts of the case, this article considers some of these debates through the lens of parental rights. Parental rights are most commonly based on the promotion of a child's welfare; however, in Charlie's case, promotion of Charlie's welfare cannot explain every fact of the case. Indeed, some seem most logically to extend from intrinsic parental rights, that is, parental rights that exist independent of welfare promotion. I observe that a strong claim for intrinsic parental rights can be built on arguments for genetic propriety and children's limited personhood. Critique of these arguments suggests the scope of parental rights remains limited: property rights entail proper use; non-personhood includes only a small cohort of very young or seriously intellectually disabled children and the uniqueness of parental genetic connection is limited. Moreover, there are cogent arguments about parents' competence to make judgements, and public interest arguments against allowing access to experimental treatment. Nevertheless, while arguments based on propriety may raise concerns about the attitude involved in envisioning children as property, I conclude that these arguments do appear to offer a prima facie case for a parental right to seek experimental treatment in certain limited circumstances. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2018. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

Standards, Data Exchange and Intellectual Property Rights in Systems Biology

DEFF Research Database (Denmark)

van Zimmeren, Esther; Rutz, Berthold; Minssen, Timo

2016-01-01

” of scientists. In 2015, Biotechnology Journal published a report from an expert meeting on “Synthetic Biology & Intellectual Property Rights” organized by the Danish Agency for Science, Technology and Innovation sponsored by the European Research Area Network (ERA-Net) in Synthetic Biology (ERASynBio), in which...... we provided a number of recommendations for a variety of stakeholders. The current article offers some deeper reflections about the interface between IPRs, standards and data exchange in Systems Biology resulting from an Expert Meeting funded by another ERA-Net, ERASysAPP. The meeting brought...... together experts and stakeholders (e.g. scientists, company representatives, officials from public funding organizations) in systems biology (SysBio) from different countries.  Despite the different profiles of the stakeholders at the meeting and the variety of interests, many concerns and opinions were...

Path innovation of rural property mortgage financing in China

OpenAIRE

Wu Yongchao

2016-01-01

Rural property mortgage financing, as an important breakthrough to deepen the reform of rural property right system and financial system, is an important approach to increase the farmers’ property income. Besides, rural property mortgage financing is of great significance in implementing the rural land usufructuary right and meeting the demand of medium-and-long-term and large-scale operation of the funds used in agricultural production. Under the existing institutional arrangement, the prope...

CORRELATION BETWEEN INTELLECTUAL PROPERTY AND SCIENTIFIC ACTIVITY

Directory of Open Access Journals (Sweden)

Nataliia Shust

2017-07-01

Full Text Available Purpose: The article is dedicated to the analysis of legal nature and peculiarities of optimal correlation between the notions of intellectual property and scientific activity. Nowadays intellectual property as institution goes through the period of establishment in Ukraine. As the Soviet system of civil law was based on recognition and regulation of authors’ rights for the authors of scientific works, discoveries, inventions and innovation proposals as the ones having mainly relative, i.e. legally mandatory, but not absolute character.  Getting started to define the notion of intellectual property and intellectual property right in the system of interaction with scientific activity, it is important to say that such notion as “intellectual property” still needs enhancement. Its imperfection is due to the fact that this kind of property implies being formed by intellectual efforts of the author of scientific work, but legally it is processed with the help of documents that guarantee property right. Methods. General scientific method, philosophical method, specially-legal method of scientific research, system analysis method. Results: It is important to emphasize that not every result of scientific or creative work can become the object of intellectual property right, but the one that corresponds with law. Any scientific work falls within the purview of law if it corresponds with law demands. Scientific and technical results obtain legal protection only in case of appropriate qualification established by specific agency of State administration and issuement of law-enforcement document being limited by the territory of Ukraine. Protection of rights on the territory of other countries is realized only on the basis of correspondent international conventions and treaties. Discussion: Advanced modern countries realized the meaning and importance of usage and proper protection of creative and scientific work results known as �

History of an Issue – Property

Directory of Open Access Journals (Sweden)

Niadi-Corina CERNICA,

2012-12-01

Full Text Available Property becomes a issue of philosophy and political reflections owing to Platon`s “Republic”. In this dialogue, the military class of his political Utopia is obliged not to possess goods. So that the Republic is more important than their interests. For this reason the military class is obliged not to have family. The interest of Republic is more important than the individual interests. David Hume thinks the right comes from the property (the two concepts have developed correspondingly. Property is a result of human natural needs. The needs are complied with the property. Human nature implies the property. John Locke affirms property comes from work, so it is a moral right. J.J. Rousseau thinks the property is the origin of social and political inequality, in contrast with natural equality of human beings. Karl Marx affirms property is the origin of alienation. Property is the origin of estrangement of human beings from themselves. “Marxist humanism” implies to regain the dignity of work and the social dignity. Other philosophers think the property is a warrant of freedom. Property was tied to social interests (Platon, to morality (Thomas Morus, John Locke, to human nature (J. J. Rousseau, David Hume, Karl Marx and freedom.

Human and peoples' rights: social representations among Cameroonian students.

Science.gov (United States)

Pirttilä-Backman, Anna-Maija; Kassea, Raul; Sakki, Inari

2009-12-01

Social representations of human and peoples' rights were studied among Cameroonian university students (N = 666) with a questionnaire based on the UN Declaration of Human Rights and the African Charter on Human and Peoples' Rights and Duties. The respondents were asked how important and how well realized they regarded the 39 human and peoples' rights to be. A 13-factor model provided the best fit with Cameroonian students' perceptions of human and peoples' rights. Taken as a whole, our results are in line with previous quantitative studies on human rights, confirming structural similarity but also country-specific variation in the aggregation of specific rights. Moreover, our data showed that Cameroonian students value human and peoples' rights highly (M = 6.18), whereas their fulfillment is not regarded as highly (M = 5.09). Same law for all, equality and freedom, and right to work and living were highly appreciated but lowly realized rights. Higher than average in importance and realization were right to education and self-fulfillment, right to marriage and property, peoples' social and political basic rights and right to life and safety. Low in importance and realization were peoples' right to their country's natural resources and independence, right to meetings, and right to express opinion. Women appreciated the rights more than men and thought of their rights as better realized compared to men. We suggest that when women say that their rights are better fulfilled than men do, it is in comparison with the older generation, who are still very dependent on men. Nowadays, thanks to education and urbanization, young women have wider choices or opportunities for marriage and jobs. Men may feel frustrated in the context of political liberalization because the freedoms are more theoretical than fulfilled; the economic crises and cultural changes have hindered their economic domination and their prerogatives.

Seed science in the 21st century: rights that scientist have to deal with

NARCIS (Netherlands)

Louwaars, N.P.

2012-01-01

Seed researchers, like anybody else working with materials containing genes, have to deal with a variety of rules. Their ‘freedom to operate’ does not only depend on intellectual property rights but also on various rights arising from biodiversity policies and possibly traditional knowledge. The

Effective Control Rights in Vertical R&D Collaboration

DEFF Research Database (Denmark)

Kloyer, Martin

2011-01-01

by allocating the so-called control rights to the supplier. These rights primarily regulate the assignment of the intellectual property rights, the control of the R&D process, and the marketing of the final products that are based on the delivered R&D results. To date, we do not have any empirical evidence......Because of increasing technological complexity of new products, the manufacturers of final products more often seek access to external sources of knowledge at the early, market-distant stages of innovation processes. However, they are confronted with a specifically high danger of moral hazard....... Traditional management instruments fail to control that danger mainly for two reasons. First, the supplier activities are not transparent. Second, market-distant R&D results are credence goods whose quality cannot be evaluated, not even ex post. It is the theory of incomplete contracts that solves the problem...

Ectogenesis, abortion and a right to the death of the fetus.

Science.gov (United States)

Räsänen, Joona

2017-11-01

Many people believe that the abortion debate will end when at some point in the future it will be possible for fetuses to develop outside the womb. Ectogenesis, as this technology is called, would make possible to reconcile pro-life and pro-choice positions. That is because it is commonly believed that there is no right to the death of the fetus if it can be detached alive and gestated in an artificial womb. Recently Eric Mathison and Jeremy Davis defended this position, by arguing against three common arguments for a right to the death of the fetus. I claim that their arguments are mistaken. I argue that there is a right to the death of the fetus because gestating a fetus in an artificial womb when genetic parents refuse it violates their rights not to become a biological parent, their rights to genetic privacy and their property rights. The right to the death of the fetus, however, is not a woman's right but genetic parents' collective right which only can be used together. © 2017 John Wiley & Sons Ltd.

28 CFR 0.47 - Alien property matters.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Alien property matters. 0.47 Section 0.47....47 Alien property matters. The Office of Alien Property shall be a part of the Civil Division: (a... Alien Property: (1) Exercising or performing all the authority, rights, privileges, powers, duties, and...

著作人身权性质辨析%Analysis on the Personal Right of Author and the Personal Right of Civil Law

Institute of Scientific and Technical Information of China (English)

宋贻珍

2014-01-01

There are two wrong opinions on personal right of an author :one insists on that personal right of an author is the right of identity ,the other considers it as property right .The former view only sees the phenomenon of personal right of an author but ignores its essence ,and the latter view misunder-stands its essential characteristic .It is arguable that personal right of an author is a special social personal right w hich shouldn't be merged into the personal right of civil law ,and that personal right of an author should adhere to its primary meaning and be improved in details .%认为著作人身权是身份权的观点，只看到现象而忽视了著作人身权本质；认为著作人身权是财产权的观点，是对人格权的本质属性存在误解，没有看到社会人格权能够转让的属性。著作人身权是特殊的人格权，取缔或者合并到民法中的人格权中都是不可取的，而应该在现有基础上对著作人身权的内容加以完善。

23 CFR 710.509 - Functional replacement of real property in public ownership.

Science.gov (United States)

2010-04-01

... RIGHT-OF-WAY AND ENVIRONMENT RIGHT-OF-WAY AND REAL ESTATE Property Acquisition Alternatives § 710.509... property of its right to an estimate of just compensation based on an appraisal of fair market value and of...

"Taking the human out of human rights" human rights or group rights?

Directory of Open Access Journals (Sweden)

Bojanić Petar

2015-01-01

Full Text Available What interest me are the reasons why “human” or “human rights” could be important or possibly most important in constituting a group (hence the introduction of the complicated word “group” and “group right(s” in the subtitle. If I had to justify the existence of the latest debates on nature, justification and universality of human rights, on their distinction from other normative standards, on the philosophy and (legal foundation of human rights, on “Human Rights without (or with Foundations” (Raz, Tasioulas, Besson, then I would immediately conclude that this “process of grandiose concretization” of a complete fabrication is far from over. Despite the innumerable pacts and international conventions established after World War II, the slew of obligations to which states have agreed in the last few decades, the establishment of rights to secession or humanitarian intervention it is as if the constitution of classification of basic human rights and their universality is far from over. [Projekat Ministarstva nauke Republike Srbije, br. 43007

Indecopi’s bureaucratic barriers control and economic fundamental rights guardianship

Directory of Open Access Journals (Sweden)

César Ochoa Cardich

2013-12-01

Full Text Available This study analyzes the guardianship role on entrepreneurial freedom fundamental rights, non- discrimination in economic and property aspects exerted by the Elimination of Bureaucratic Barriers Commission from the National Institute for the Defense of Competition and IntellectualProperty (Indecopi developed throughout resolutions and administrative cases set up by the Defense of Competition Chamber #1. This role is particularly relevant in our legal system, due to their special functions the Elimination of Bureaucratic Barriers Commission is entitled by legal mandate to establish the non- application of rules in specific cases exercising legal control. This administrative function- initially misunderstood-has proved to be an efficient tool for the guardianship of economic rights due to our judicial system ineffectiveness in contentious administrative matters. The author considers the possibility of making a constitutional reform in order to provide specialized administrative bodies, such as INDECOPI, with the quality of “primary administrative jurisdiction” whose resolutions will only be reviewed by the State Council jurisdiction.

Transferability and Commercialization of Patent Rights: Economic and Practical Perspectives

Directory of Open Access Journals (Sweden)

Haim V. Levy

2012-01-01

Full Text Available The transformation of innovation into commercial value depends primarily on appropriate protection of the intellectual property, usually by patents, and efficient pathway(s of its transferability as well as the transfer of the protected knowledge. The key features of patents, from an economic perspective, are that they encompass new knowledge and confer monopoly rights to the owner. The exclusiveness of patent rights is generally conceived as a necessary mechanism to ensure further innovation, stimulate advanced research and facilitate efficient market transactions with patent rights. The patent holder can transfer the technology embodied by way of granting to others a license to use the patented invention in return for a share of the revenues, usually royalties. Patent rights transferability has been proven to be efficient and profitable to the industry as well as beneficial to the welfare of society. The economic and practical perspectives of the transferability and commercialization of patent rights are discussed.

BEFORE THE SALE RIGHTS TO AGRICULTURAL LAND

Directory of Open Access Journals (Sweden)

KUSTOVSKA О.

2017-05-01

Full Text Available One of the most important problems of the Ukrainian economy is the formation of a civilized land market. We have to admit that the process of formation of private ownership of land in Ukraine entered into a protracted and uncertain nature. Another introduction in Ukraine of the moratorium on sale of agricultural land due to the lack of resolution of many land issues and not sformovat market infrastructure. Because for the majority of producers of agricultural products the sale of lease rights is an innovation. On the sale of lease rights still they are almost not heard, and especially not used in practice, although the possibility of disposal of property rights, which is owned and leasehold, provided by norms of the Civil code of Ukraine. The issue of land bidding (auction is relevant, because the law of Ukraine set the priority of this method of trading in the sale or lease of land. The auction is open and transparent way the exclusion of land resources of the territorial community, that is, eliminates the influence of corruption and receipt of funds in local budgets adds the ability to invest in the economy of human settlements and agriculture. Among the economic benefits to the development industry is not only improving the investment climate, replenishment of budgets of all levels and approaching the level of EU countries in matters of land. Holding of auctions is very attractive from the point of view of filling the local budget, the sale of land has its advantages, namely a quick and significant revenue. The lease right may be alienated in accordance with the current legislation of Ukraine and some legislative solution is not needed. The procedure of land auctions includes the following steps: 1. The organizer of land sales (public authority or local authority determines the list of land plots of state or municipal property and rights thereto, which are exposed at the land auction as separate lots. 2. The decision of a public authority or

"The right to enjoy the benefits of scientific progress and its applications - Report 2012 (A/HRC/20/26)"

DEFF Research Database (Denmark)

Porsdam, Helle; Mann, Matthias

2017-01-01

The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed have provided a new universal standard for topics ranging from cultural diversity, cultural heritage, the right to artistic freedom and the effects of today's intellectual property regimes. This book’s team of interna...... and students teaching and studying in the fields of culture, heritage and human rights as well as policymakers who are working within cultural rights related issues.......The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed have provided a new universal standard for topics ranging from cultural diversity, cultural heritage, the right to artistic freedom and the effects of today's intellectual property regimes. This book’s team...... of international contributors reflects upon the many aspects of cultural rights discussed in Faridah Shaheed’s reports and discusses how cultural rights support cultural diversity, foster intercultural dialogue and contribute to inclusive social, economic and political development. Drawing from a range...

Effectiveness of REDD programs in the protection of sui generis indigenous rights

Directory of Open Access Journals (Sweden)

Paloma Infante M.

2013-06-01

Full Text Available The article focuses on the implementation of the United Nations Reducing Emission from Deforestation and Forest Degradation Program, hereinafter UN REDD and its effectiveness in the protection of sui generis indigenous rights, meaning those different from the property right but derived from it, especially, the rights over the territories, natural resources and environmental services. The paper will cover the interconnection between sui generis indigenous rights and REDD programs including the relevance of land tenure and the sui generis rights derived from it. As we will emphasize, REDD programs are not only focused in the reduction of carbon emissions. In fact, REDD plus programs include as a main objective the sustainable management of forests and the protection to forest dependent communities.

State duties of protection and fundamental rights

Directory of Open Access Journals (Sweden)

C Starck

2000-05-01

Full Text Available Duties of protection are duties of the state to protect certain legal interests of its citizens. They cover the interests of life, health, freedom and property and also protect some other interests and certain constitutionally recognised institutions. State duties of protection must be considered in connection with fundamental rights. The foundations of modern constitutionalism and attendant procedures are essential to develop guidelines for a constructive critique of the jurisprudence of the Constitutional Court. This is done with reference to the recent history of France, Germany and England. The historical excursus reveals that a single theory underlies the variety of constitutional states. The development of the constitutional state gave rise to the significance of the preservation of freedom through the maintenance of law and the separation of powers. This has given rise to various legal devices, based also in part on experience with moderate rule and earlier theories of the imperium limitatum.A textual analysis of the German Basic Law is undertaken to determine whether and how the duties of protection are expressly created. Furthermore, the duties that have been discovered in the Basic Law by the Federal Constitutional Court are considered. These duties include the protection of human life and health, personal freedom, the right to autonomous development of one's personality, freedom of science, research and teaching, marriage and the family, children, mothers, professional freedom, property and the protection of German nationals against foreign states. Finally the justification of such duties and the constitutional control of the manner of protection are considered.In a final section a critique of relevant constitutional jurisprudence is undertaken. It is argued that claims to protection cannot be directly binding law. They presuppose legislation. If statutory protection is connected with infringements of third-party fundamental rights

Intellectual property and information controversy(I)

Science.gov (United States)

Aoyama, Hirokazu

This paper deals with intellectual property as the results of various intellectual activities such as R & D, and intellectual proprietary rights which protect it. New technology, designs, literary works, computer programs, semiconductor chips, new plant breeding, brands, trading secrets, CI and others, and legislations which protect them are described. Then, the background of the fact that intellectual proprietary rights are emphasized as analyzed. The author points out items as follows; movement toward much larger size of R & D, generation of the areas to be newly protected, trend in enforcement of intellectual property protection, commercialization of intellectual property, trend in software evolution, movement in technological protectionism, and the present status on each item.

Property rights in space: Moving the goal posts so the players don't ...

African Journals Online (AJOL)

Abstract. Elsewhere in "Rethinking Terra Nullius and Property in Space", I have argued that due to the changing circumstances of access to space by private entities rather than governments, the current legal situation with regard to ownership in space should be reconsidered. As it stands, ownership in space is governed by ...

Governance of private forests in Eastern and Central Europe: An analysis of forest harvesting and management rights

Directory of Open Access Journals (Sweden)

Laura Bouriaud

2013-05-01

Full Text Available A property rights-based approach is proposed in the paper to underlinethe common characteristics of the forest property rights specificationin ten ECE countries, the specific patterns governing the harvesting of timber in private forestry and the role of the forest management planning in determining the content of the property rights. The analysis deals with the private forests of the individuals (non industrial ownership from ten countries, covering 7.3 million ha and producing yearly some 25 million timber. The study shows that the forest management rights in private forests belong to the State and that the withdrawal rights on timber, yet recognized in the forest management plans, are in reality strongly restricted from aneconomic viewpoint. The forest management planning is the key instrument of the current forest governance system, based on top-down, hierarchically imposed and enforced set of compulsory rules on timber harvesting. With few exceptions, the forest owners’ have little influence in the forest planning and harvesting. The rational and State-lead approach of the private forest management has serious implications not only on the economic content of the property rights, but also on the learning and adaptive capacity of private forestry to cope with current challenges such the climate change, the increased industry needs for wood as raw material, or the marketingof innovative non wood forest products and services. The study highlights that understanding and comparing the regime of the forest ownership require a special analysis of the economic rights attached to each forest attribute; and that the evolution towards more participatory decision-making in the local forest governance can not be accurately assessed in ECE region without a proper understanding of the forest management planning process.

Governance of private forests in Eastern and Central Europe: An analysis of forest harvesting and management rights

Directory of Open Access Journals (Sweden)

Laura Bouriaud

2013-07-01

Full Text Available A property rights-based approach is proposed in the paper to underline the common characteristics of the forest property rights specification in ten ECE countries, the specific patterns governing the harvesting of timber in private forestry and the role of the forest management planning in determining the content of the property rights. The analysis deals with the private forests of the individuals (non industrial ownership from ten countries, covering 7.3 million ha and producing yearly some 25 million m3 timber. The study shows that the forest management rights in private forests belong to the State and that the withdrawal rights on timber, yet recognised in the forest management plans, are in reality strongly restricted from an economic viewpoint. The forest management planning is the key instrument of the current forest governance system, based on top-down, hierarchically imposed and enforced set of compulsory rules on timber harvesting. With few exceptions, the forest owners’ have little influence in the forest planning and harvesting. The rational and State-lead approach of the private forest management has serious implications not only on the economic content of the property rights, but also on the learning and adaptive capacity of private forestry to cope with current challenges such the climate change, the increased industry needs for wood as raw material, or the marketing of innovative non wood forest products and services. The study highlights that understanding and comparing the regime of the forest ownership require a special analysis of the economic rights attached to each forest attribute; and that the evolution towards more participatory decision-making in the local forest governance can not be accurately assessed in ECE region without a proper understanding of the forest management planning process. 

Property and Human Genetic Information

DEFF Research Database (Denmark)

Nielsen, Morten Ebbe Juul; Kongsholm, Nana Cecilie Halmsted; Schovsbo, Jens Hemmingsen

2018-01-01

Do donors (of samples from which genetic information is derived) have some sort of pre-legal (moral) or legal property right tothat information? In this paper, we address this question from both a moral philosophical and a legal point of view. We argue thatphilosophical theories about property do...

Property Rights and Productivity

DEFF Research Database (Denmark)

Newman, Carol; Tarp, Finn; Van Den Broeck, Katleen

2015-01-01

This paper explores the effect of land titling on agricultural productivity in Vietnam and the productivity effects of single versus joint titling for husband and wife. Using a plot-fixed-effects approach our results show that obtaining a land title is associated with higher yields, for both...... individually and jointly held titles. We conclude that there is no tradeoff between joint titling and productivity, and so joint titles are potentially an effective way to improve women’s bargaining power within the household with no associated efficiency losses....

Thermal right-handed sneutrino dark matter in the NMSSM

International Nuclear Information System (INIS)

Cerdeno, David G.

2009-01-01

The right-handed sneutrino is a viable WIMP dark matter candidate within the context of the Next-to-MSSM. This is possible through the inclusion of a new singlet superfield with direct coupling to the singlet Higgs. I will review here the main details of this construction, together with the properties of the right-handed sneutrino, including its annihilation channels and direct detection prospects. Sneutrinos within a mass-range of 5-200 GeV can reproduce the correct dark matter relic abundance while not being excluded by current direct searches, and for natural values of the input parameters. Some interesting features regarding collider phenomenology are also pointed out.

Review of Differences of Steel related Properties between Proposals of European Structural Codes

DEFF Research Database (Denmark)

Hertz, Kristian Dahl

Differences of Steel related Properties between fire chapters of the Proposals of European Structural Codes are indicated for the same physical properties, the right properties are found and it is proposed to use these properties in all codes.......Differences of Steel related Properties between fire chapters of the Proposals of European Structural Codes are indicated for the same physical properties, the right properties are found and it is proposed to use these properties in all codes....

Radiological Survey Results for the Niagara Mohawk Right-of-Way, Tonawanda, New York (TNY004)

International Nuclear Information System (INIS)

McKenzie, S.P.; Uziel, M.S.

1998-01-01

At the request of the U.S. Department of Energy (DOE), a team from Oak Ridge National Laboratory conducted a radiological survey of a small portion of the Niagara Mohawk Power Corporation right-of-way in Tonawanda, New York. The purpose of the survey was to determine if radioactive residuals had migrated from or been redistributed onto the Niagara Mohawk right-of-way from the former Linde property to the west. The Linde Air Products Division of Union Carbide Corporation, Tonawanda New York, had used radioactive materials at that location for work performed under government contract from 1942 through 1948. The survey was performed in May 1996 in response to Formerly Utilized Sites Remedial Action Program (FUSRAP) requirements. These requirements dictate that the radiological status of certain vicinity properties shall be assessed and documented according to prescribed procedures prior to certification of the property for release for unrestricted use. Such release can only be granted if the property is found to be within current applicable authorized limits. The survey included a gamma scan of accessible areas and the collection and radionuclide analysis of soil samples from the portion of right-of-way located east of the former Linde plant site and north of the railway spur entrance gate. Results of the survey indicate that radioactive material probably originating from the Linde plant is located on the Niagara Mohawk right-of-way in the area surveyed. Surface gamma exposure rates were elevated above typical background levels. Four scattered surface soil samples exceeded DOE guideline values for 238 U, and 8 of 13 surface soil samples exceeded DOE guideline values for 226 Ra. The radionuclide distribution in these samples was similar to that found in materials resulting from former processing activities at the Linde site. It is recommended that the property be designated for remedial action by DOE

Right of Privacy, Right to Know: Which Prevails?

Science.gov (United States)

Simon, Morton J.

1977-01-01

Looks at the conflict between the 'right to know' and the 'right to privacy' by examining relationships and situations pertinent to both and concludes that the right to know and the right to privacy are two of the most ambiguous legal areas today facing government, the courts, the public and the individual. Available from: Public Relations Review,…

Women's Inheritance Rights and Intergenerational Transmission of Resources in India

Science.gov (United States)

Deininger, Klaus; Goyal, Aparajita; Nagarajan, Hari

2013-01-01

We use inheritance patterns over three generations of individuals to assess the impact of changes in the Hindu Succession Act that grant daughters equal coparcenary birth rights in joint family property that were denied to daughters in the past. We show that the amendment significantly increased daughters' likelihood to inherit land, but that…

Claims of Need in Property Law and Politics

DEFF Research Database (Denmark)

Cockburn, Patrick Joseph

2016-01-01

between the claims of the needy and the rights of property owners. Against this backdrop this article compares three theoretical accounts of how the fact of human need should impact upon our thinking about property rights: the rights-based arguments of Jeremy Waldron, the radical democratic theory...... of Lawrence Hamilton, and the anarchist commentary of Colin Ward. While ‘theories’ of need have paid much attention to the nature of need ‘itself’, the paper argues that this comparison reveals another issue that is just as important: where and how should claims of need be registered in legal and political......Both courts of law and political theorists have grappled with the problem of giving the concept of ‘need’ a place in our reasoning about the rights and wrongs of property regimes. But in the UK, legal changes in the last 15 years have eroded the legal possibilities for striking some compromise...

Accessing indigenous land rights through claims in Taroko Area, Eastern Taiwan

NARCIS (Netherlands)

Lo, Yung-Ching

2013-01-01

The thesis explores how indigenous people access land rights through claims. Land claims happens on the encounters between different regimes of property. The authors found indigenous people have many ways to express their land claims since Japanese time. There are individual claims on lands like

28 CFR 70.36 - Intangible property.

Science.gov (United States)

2010-07-01

...-PROFIT ORGANIZATIONS Post-Award Requirements Property Standards § 70.36 Intangible property. (a) The... purchased, under an award. The Department reserves a royalty-free, nonexclusive and irrevocable right to..., peer reviews, or communications with colleagues. This “recorded” material excludes physical objects (e...

Speaking Truth to Power: Women's Rights as Human Rights

Science.gov (United States)

Crocco, Margaret Smith

2007-01-01

The author considers the treatment of women's rights as human rights in the social studies curriculum. She discusses the role of the United Nations in promoting women's rights since the adoption of the Universal Declaration of Human Rights in 1948. She also reviews the treatment of women's rights within social studies curriculum today through a…

Properties and CAPE

DEFF Research Database (Denmark)

Gani, Rafiqul; O'Connell, J.P.

2001-01-01

The role of properties in the solution of Computer Aided Process Engineering (CAPE) problems is described in terms of current trend, future challenges and important issues. Three distinct roles of properties in CAFE have been identified - a service role, a service plus advice role and a service......, advice plus solve role. The CAFE problems solved under each of these roles are described together with simple illustrative examples. Finally, the paper describes how some of the future problems related to integration of synthesis, design and control might be dealt with efficiently and reliably through co......-operative CAFE and properties methodologies. (C) 2001 Elsevier Science Ltd. All rights reserved....

Intellectual property rights and challenges for development of affordable human papillomavirus, rotavirus and pneumococcal vaccines: Patent landscaping and perspectives of developing country vaccine manufacturers.

Science.gov (United States)

Chandrasekharan, Subhashini; Amin, Tahir; Kim, Joyce; Furrer, Eliane; Matterson, Anna-Carin; Schwalbe, Nina; Nguyen, Aurélia

2015-11-17

The success of Gavi, the Vaccine Alliance depends on the vaccine markets providing appropriate, affordable vaccines at sufficient and reliable quantities. Gavi's current supplier base for new and underutilized vaccines, such as the human papillomavirus (HPV), rotavirus, and the pneumococcal conjugate vaccine is very small. There is growing concern that following globalization of laws on intellectual property rights (IPRs) through trade agreements, IPRs are impeding new manufacturers from entering the market with competing vaccines. This article examines the extent to which IPRs, specifically patents, can create such obstacles, in particular for developing country vaccine manufacturers (DCVMs). Through building patent landscapes in Brazil, China, and India and interviews with manufacturers and experts in the field, we found intense patenting activity for the HPV and pneumococcal vaccines that could potentially delay the entry of new manufacturers. Increased transparency around patenting of vaccine technologies, stricter patentability criteria suited for local development needs and strengthening of IPRs management capabilities where relevant, may help reduce impediments to market entry for new manufacturers and ensure a competitive supplier base for quality vaccines at sustainably low prices. Copyright © 2015 The Authors. Published by Elsevier Ltd.. All rights reserved.

Is There a Right to the Death of the Foetus?

Science.gov (United States)

Mathison, Eric; Davis, Jeremy

2017-05-01

At some point in the future - perhaps within the next few decades - it will be possible for foetuses to develop completely outside the womb. Ectogenesis, as this technology is called, raises substantial issues for the abortion debate. One such issue is that it will become possible for a woman to have an abortion, in the sense of having the foetus removed from her body, but for the foetus to be kept alive. We argue that while there is a right to an abortion, there are reasons to doubt that there is a right to the death of the foetus. Our strategy in this essay is to consider and reject three arguments in favour of this latter right. The first claims that women have a right not to be biological mothers, the second that women have a right to genetic privacy, and the third that a foetus is one's property. Furthermore, we argue that it follows from rejecting the third claim that genetic parents also lack a right to the destruction of cryopreserved embryos used for in vitro fertilization. The conclusion that a woman possesses no right to the death of the foetus builds upon the claims that other pro-choice advocates, such as Judith Jarvis Thomson, have made. © 2017 John Wiley & Sons Ltd.

Rights and the Role of Family Engagement in Child Welfare: An International Treaties Perspective on Families' Rights, Parents' Rights, and Children's Rights

Science.gov (United States)

Lenzer, Gertrud; Gran, Brian

2011-01-01

According to international human rights treaties, what rights do family members, parents, and children have in family engagement in child welfare decision-making? A sociolegal analytical approach produces a typology of rights, then applies the typology to eight countries' approaches to family engagement to show that strong bundles of rights are…

Rights to Designaton Focusing on Protected Designations and Geographical Indications of Agricultural Products and Foodstuffs

Directory of Open Access Journals (Sweden)

Ilková Zuzana

2015-02-01

Full Text Available 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.

A human rights-consistent approach to multidimensional welfare measurement applied to sub-Saharan Africa

DEFF Research Database (Denmark)

Arndt, Channing; Mahrt, Kristi; Hussain, Azhar

2017-01-01

is in reality inconsistent with the Universal Declaration of Human Rights principles of indivisibility, inalienability, and equality. We show that a first-order dominance methodology maintains consistency with basic principles, discuss the properties of the multidimensional poverty index and first......The rights-based approach to development targets progress towards the realization of 30 articles set forth in the Universal Declaration of Human Rights. Progress is frequently measured using the multidimensional poverty index. While elegant and useful, the multidimensional poverty index...

Water Property Models as Sovereignty Prerogatives: European Legal Perspectives in Comparison

Directory of Open Access Journals (Sweden)

Dario Casalini

2010-08-01

Full Text Available Water resources in European legal systems have always been vested in sovereign power, regardless of their legal nature as goods vested in State property or as res communes omnium not subject to ownership. The common legal foundation of sovereign power over water resources departed once civil law jurisdictions leveled the demesne on ownership model, by introducing public ownership in the French codification of 1804, while common law jurisdiction developed a broader legal concept of property that includes even the rights to use res communes. The models led respectively to the establishment of administrative systems of water rights and markets of water rights. According to the first, public authorities’ power to manage and preserve water resources is grounded in a derogatory regime, whereby water rights, grounded on licenses or concessions, are neither transferable nor tradeable. On the contrary, environmental and social concerns in water market schemes must be enforced by means of regulation, thus limiting private property rights on water, in compliance with the constitutional and common law constraints set out to protect the minimum content of property as a fundamental human right.

Soft magnetic moldable composites: Properties and applications

Energy Technology Data Exchange (ETDEWEB)

Svensson, Leif, E-mail: leif.svensson@iprod.lth.se [Lund University, Division of Production and Materials Engineering, Box 188, 221 00 Lund (Sweden); Frogner, Kenneth, E-mail: kenneth.frogner@iprod.lth.se [Lund University, Division of Production and Materials Engineering, Box 188, 221 00 Lund (Sweden); Jeppsson, Peter, E-mail: peter.jeppsson@iprod.lth.se [Lund University, Division of Production and Materials Engineering, Box 188, 221 00 Lund (Sweden); Cedell, Tord, E-mail: tord.cedell@iprod.lth.se [Lund University, Division of Production and Materials Engineering, Box 188, 221 00 Lund (Sweden); Andersson, Mats, E-mail: mats.andersson@iprod.lth.se [Lund University, Division of Production and Materials Engineering, Box 188, 221 00 Lund (Sweden)

2012-09-15

A new type of electromagnetic soft magnetic material (SMM) is introduced, based on spherical iron powder particles and a suitable polymer binder. A key feature of this material is that it can be cast or molded into almost any 3D shape, hence the denotation soft magnetic moldable composite (SM{sup 2}C). The SM{sup 2}C is compared with a set of reference materials, such as ferrites, laminated steels, and soft magnetic composites, in terms of primary properties such as permeability and loss, and other properties, such as thermal conductivity and manufacturability. The SM{sup 2}C has the obvious disadvantage of relatively low permeability, but offers benefits such as relatively low losses and high potential for close integration into electromagnetic circuits. Some recent SM{sup 2}C applications are illustrated, and design and manufacturing aspects are discussed. - Highlights: Black-Right-Pointing-Pointer A new type of soft magnetic composite is introduced. Black-Right-Pointing-Pointer Properties are compared to other flux core materials. Black-Right-Pointing-Pointer The new material has low losses but also low permeability. Black-Right-Pointing-Pointer Potential benefits in freedom of design and manufacturing issues.

Pursuing the Right to an Effective Remedy for Human Rights ...

African Journals Online (AJOL)

Undoubtedly, global and regional human rights instruments clearly entrench the right to an effective remedy for a human rights violation. The substantive nature of the right to an effective remedy makes it relevant to the realisation of the right to equality as well as the right to equal protection under the law. Cameroon, as a ...

Fibroblasts and the extracellular matrix in right ventricular disease.

Science.gov (United States)

Frangogiannis, Nikolaos G

2017-10-01

Right ventricular failure predicts adverse outcome in patients with pulmonary hypertension (PH), and in subjects with left ventricular heart failure and is associated with interstitial fibrosis. This review manuscript discusses the cellular effectors and molecular mechanisms implicated in right ventricular fibrosis. The right ventricular interstitium contains vascular cells, fibroblasts, and immune cells, enmeshed in a collagen-based matrix. Right ventricular pressure overload in PH is associated with the expansion of the fibroblast population, myofibroblast activation, and secretion of extracellular matrix proteins. Mechanosensitive transduction of adrenergic signalling and stimulation of the renin-angiotensin-aldosterone cascade trigger the activation of right ventricular fibroblasts. Inflammatory cytokines and chemokines may contribute to expansion and activation of macrophages that may serve as a source of fibrogenic growth factors, such as transforming growth factor (TGF)-β. Endothelin-1, TGF-βs, and matricellular proteins co-operate to activate cardiac myofibroblasts, and promote synthesis of matrix proteins. In comparison with the left ventricle, the RV tolerates well volume overload and ischemia; whether the right ventricular interstitial cells and matrix are implicated in these favourable responses remains unknown. Expansion of fibroblasts and extracellular matrix protein deposition are prominent features of arrhythmogenic right ventricular cardiomyopathies and may be implicated in the pathogenesis of arrhythmic events. Prevailing conceptual paradigms on right ventricular remodelling are based on extrapolation of findings in models of left ventricular injury. Considering the unique embryologic, morphological, and physiologic properties of the RV and the clinical significance of right ventricular failure, there is a need further to dissect RV-specific mechanisms of fibrosis and interstitial remodelling. Published on behalf of the European Society of

Dowry calculations: daughter's rights in her parental family.

Science.gov (United States)

Kishwar, M

1993-01-01

The practice of dowry in India has become identified as the primary cause of women's oppression. It sets families apart in the fight over dowry payments and results in violence against daughters including infanticide. Daughter's get their share of inheritance at the time of marriage under traditional Hindu law. The Dowry Prohibition Act outlaws this practice. On the other hand, customary law allowed entitlements to women which Victorian norms bypassed, thereby paving the way for the disinheritance of women. The ownership of land was vested exclusively in men, and, as land became scarce and women's labor became devalued, women came to be treated as mere dependents and considered as a liability. With the entrance of men into government service as policemen and bank and postal clerks, their status increased, while women continued working in the peasant economy. Government job holders received the biggest dowries because of their access to economic opportunities. Under the Hindu Succession Act, fathers were allowed to will away property in whosoever's favor, which led to the disinheritance of daughters in favor of sons. Inheritance laws increasingly moved in favor of men and against women. Changing marriage patterns also emerged, as paying exorbitant dowries was perceived as a way of upward social mobility. The wife inherited everything at the expense of daughters, and widows automatically got a pension after the husband. Therefore, the wife's right had a stronger social sanction than the rights of daughters in parental property, especially the right to live in the parental home and take care of old parents, should be the solution to this injustice. Thus, parents would look at daughters in the same light as sons, and the culture of women's devaluation would come to an end.

The right to live in the community as the right to have rights

OpenAIRE

Gradwohl, Csilla

2017-01-01

The present thesis explores Article 19 of the United Nations Convention on the Rights of Persons with Disabilities, which recognizes the right of all persons with disabilities to live in the community, with choices equal to others. The relationship between Article 19 and the other articles of the Convention are explored, in order to discuss the role of Article 19 in the Convention. The thesis examines whether the right to live in the community, set out in Article 19, can be considered as the ...

  Exhaustion of Rights and Common Principles of European Intellectual Property Law

DEFF Research Database (Denmark)

Schovsbo, Jens Hemmingsen

2010-01-01

of Market Integration. On the basis of case law on the concept of "consent" from the Trade Marks-Directive a Common Principle is then established. According to this, the legal framework for understanding the exhaustion rules is IPR and not national contract law. The Principle would seem to have horizontal......This article discusses whether or not Common Principles exist in EU law regarding exhaustion of rights ("first sale"). Traditionally, the law of the EU-countries conceptualized exhaustion in two different ways: Either "Contract" (e.g. UK law) or "Principle of exhaustion" (e.g. German law).  Whereas...

Whose Rights?

DEFF Research Database (Denmark)

Aktor, Mikael

2016-01-01

The debate over ritual infant male circumcision has increasingly been thematized as a Human Rights issue. But the claims on such rights seem highly conflicting. In particular, the rights of the child seems to conflict with the freedom of religion of parents, the rights of religious and ethnic...... minorities, and the rights of family and privacy. This disagreement is also present among scholars of religion. A reading of public statements by scholars of religion in the ongoing Danish (and Norwegian) debate reveals the lack of consensus of the study of religion when it comes to matters that are of great...... concern both for religious minorities and for individual citizens. This chapter examines the Law and Human Rights documents behind these conflicting claims and discusses the role of the scholar of religion in the debate....

Hemispheric specialisation in selective attention and short-term memory: A fine-coarse model of left and right ear disadvantages

Directory of Open Access Journals (Sweden)

John E. Marsh

2013-12-01

Full Text Available Serial short-term memory is impaired by irrelevant sound, particularly when the sound changes acoustically. This acoustic effect is larger when the sound is presented to the left compared to the right ear (a left-ear disadvantage. Serial memory appears relatively insensitive to distraction from the semantic properties of a background sound. In contrast, short-term free recall of semantic-category exemplars is impaired by the semantic properties of background speech and relatively insensitive to the sound’s acoustic properties. This semantic effect is larger when the sound is presented to the right compared to the left ear (a right-ear disadvantage. In this paper, we outline a speculative neurocognitive fine-coarse model of these hemispheric differences in relation to short-term memory and selective attention, and explicate empirical directions in which this model can be critically evaluated.

Women's rights are human rights : The practice of the United Nations Human Rights Committee and the Committee on Economic, Social and Cultural Rights

NARCIS (Netherlands)

van Leeuwen, F.C.|info:eu-repo/dai/nl/265778646

2009-01-01

‘Women’s rights are human rights!’ This notion may seem self evident, as the international system for the promotion and the protection of human rights that was installed under the auspice of the United Nations (UN) builds on the idea of equality in dignity and rights of men and women. Yet, as was

Concept of environment, sustainable development and respect for human rights

Directory of Open Access Journals (Sweden)

Urjana ÇURI

2013-12-01

Full Text Available The insistence on the definition of environmental protection is an aspiration which has served as prerequisites to the implementation of human rights in a global economic crises. European Regional System has traditionally been focused on the protection of civil and political rights. In the wake of environmental risks that imply the violation of human rights, the emphasis has been placed more on the social, economic and cultural. Collective mechanisms to appeal to the United Nations and the European Court of Human Rights, gave a number of decisions on matters implicating environmental laws and policies. What is to be noted, is the evolution of the guarantees provided under the European Convention on Human Rights, which refers to a substantial understanding of environmental protection, and also including procedural aspects related to the protection of the right to life, privacy, property, information and effective means of appeal. This evolution has been launched by the growing need for states to take preventive measures and policies to the requirements for a balanced sustainable economic development, avoiding environmental risks that imply the violation of human rights. Proportionality in the protection of the interests in this respect creates a context for a fair trial, but also promotes an open and constructive dialogue between judges and lawmakers to protect the public interest.

Civil rights between legal provisions and political reality in Albania

Directory of Open Access Journals (Sweden)

Doris Koliqi Malaj

2018-03-01

Full Text Available One of the basic principles of civil rights is that all human beings are born free and equal in dignity and rights. The life protection, liberty and property should be equally guaranteed to citizens to exclude discrimination of minorities or other parts of the population. These rights are an important part of civil liberties and are considered as an essential element for effective citizenship. Arbitrary arrest, terror, torture or other serious and unlawful interference, both by state and private actors, significantly affect the well-being of democracy as it affects the very essence of it. In liberal democracies, leaders legitimized by the people must be involved within the norms and principles of the rule of law in order to establish a healthy relationship between the state and the citizen. This relationship is considered to be damaged in non-liberal democracies as it is affected by the suspension of individual freedoms and rights. This paper aims to analyze whether these individual rights are guaranteed and protected in Albania, considering from the perspective of the legal framework as well as in the political reality. This study aims to analyze the development of human rights, judicial rights and their implementation in our country to come to the conclusion, whether our system is that of a liberal democracy or not.

Asymmetric right/left encoding of emotions in the human subthalamic nucleus

Directory of Open Access Journals (Sweden)

Renana eEitan

2013-10-01

Full Text Available Emotional processing is lateralized to the non-dominant brain hemisphere. However, there is no clear spatial model for lateralization of emotional domains in the basal ganglia. The subthalamic nucleus (STN, an input structure in the basal ganglia network, plays a major role in the pathophysiology of Parkinson’s disease (PD. This role is probably not limited only to the motor deficits of PD, but may also span the emotional and cognitive deficits commonly observed in PD patients. Beta oscillations (12-30Hz, the electrophysiological signature of PD, are restricted to the dorsolateral part of the STN that corresponds to the anatomically defined sensorimotor STN. The more medial, more anterior and more ventral parts of the STN are thought to correspond to the anatomically defined limbic and associative territories of the STN. Surprisingly, little is known about the electrophysiological properties of the non-motor domains of the STN, nor about electrophysiological differences between right and left STNs.In this study, microelectrodes were utilized to record the STN spontaneous spiking activity and responses to vocal non-verbal emotional stimuli during deep brain stimulation (DBS surgeries in human PD patients. The oscillation properties of the STN neurons were used to map the dorsal oscillatory and the ventral non-oscillatory regions of the STN. Emotive auditory stimulation evoked activity in the ventral non-oscillatory region of the right STN. These responses were not observed in the left ventral STN or in the dorsal regions of either the right or left STN. Therefore, our results suggest that the ventral non-oscillatory regions are asymmetrically associated with non-motor functions, with the right ventral STN associated with emotional processing. These results suggest that DBS of the right ventral STN may be associated with beneficial or adverse emotional effects observed in PD patients and may relieve mental symptoms in other neurological and

Employing human rights frameworks to realize access to an HIV cure.

Science.gov (United States)

Meier, Benjamin Mason; Gelpi, Adriane; Kavanagh, Matthew M; Forman, Lisa; Amon, Joseph J

2015-01-01

The scale of the HIV pandemic - and the stigma, discrimination and violence that surrounded its sudden emergence - catalyzed a public health response that expanded human rights in principle and practice. In the absence of effective treatment, human rights activists initially sought to protect individuals at high risk of HIV infection. With advances in antiretroviral therapy, activists expanded their efforts under international law, advocating under the human right to health for individual access to treatment. As a clinical cure comes within reach, human rights obligations will continue to play a key role in political and programmatic decision-making. Building upon the evolving development and implementation of the human right to health in the global response to HIV, we outline a human rights research agenda to prepare for HIV cure access, investigating the role of human rights law in framing 1) resource allocation, 2) international obligations, 3) intellectual property and 4) freedom from coercion. The right to health is widely recognized as central to governmental, intergovernmental and non-governmental responses to the pandemic and critical both to addressing vulnerability to infection and to ensuring universal access to HIV prevention, treatment, care and support. While the advent of an HIV cure will raise new obligations for policymakers in implementing the right to health, the resolution of past debates surrounding HIV prevention and treatment may inform claims for universal access.

African Indigenous Land Rights in a Private Ownership Paradigm

Directory of Open Access Journals (Sweden)

WJ Du Plessis

2011-12-01

Full Text Available It is often stated that indigenous law confers no property rights in land. Okoth-Ogenda reconceptualised indigenous land rights by debunking the myth that indige-nous land rights systems are necessarily "communal" in nature, that "ownership" is collective and that the community as an entity makes collective decisions about the access and use of land.1 He offers a different understanding of indigenous land rights systems by looking at the social order of communities that create "reciprocal rights and obligations that this binds together, and vests power in the community members over land". To determine who will be granted access to or exercise control over land and the resources, one needs to look at these rights and obligations and the performances that arise from them. This will leave only two distinct questions: who may have access to the land (and what type of access2 and who may control and manage the land resources on behalf of those who have access to it?3There is a link with this reconceptualisation and the discourse of the commons. Os-trom's classification of goods leads to a definition of the commons (or common pool of resources as "a class of resources for which exclusion is difficult and joint use in-volves subtractablity".4 The questions this article wishes to answer are: would it firstly be possible to classify the indigenous land rights system as a commons, and sec-ondly would it provide a useful analytical framework in which to solve the problem of securing land tenure in South Africa?

Europe's Shifting Response to HIV/AIDS: From Human Rights to Risk Management.

Science.gov (United States)

Smith, Julia

2016-12-01

Despite a history of championing HIV/AIDS as a human rights issue, and a rhetorical commitment to health as a human right, European states and institutions have shifted from a rights-based response to a risk management approach to HIV/AIDS since the economic recession of 2008. An interdisciplinary perspective is applied to analyze health policy changes at the national, regional, and global levels by drawing on data from key informant interviews, and institutional and civil society documents. It is demonstrated that, in the context of austerity measures, member states such as the UK and Greece reduced commitments to rights associated with HIV/AIDS; at the regional level, the EU failed to develop rights-based approaches to address the vulnerabilities and health care needs of key populations affected by HIV/AIDS, particularly migrants and sex workers; and at the global level, the EU backtracked on commitments to global health and is prioritizing the intellectual property rights of pharmaceutical companies over the human rights of people living with HIV/AIDS. The focus within and from the EU is on containment, efficiency, and cost reduction. The rights of those most affected are no longer prioritized.

INTELLECTUAL PROPERTY IN ARCHITECTURE: BETWEEN LEGISLATIONS AND ETHICAL MANIFESTATIONS WITH SPECIAL REFERENCE TO THE EGYPTIAN CASE

Directory of Open Access Journals (Sweden)

Nehad Mohamed Eweda

2011-11-01

Full Text Available Several international and local legislations have been enacted to protect intellectual property rights. Nevertheless, legislations cannot alone provide protection for architects, and defend the right of owners over architectural products. The importance of this research paper is derived from the hypothesis that accepting, fostering and valuing intellectual property in architecture education and practice are similarly essential to enacting laws. This paper is an analytical discussion of intellectual property in general and particularly in architecture, it is structured in four sections; the first provides a conceptual foundation about intellectual property; the second discusses the issue from an ethical point of view; the third demonstrates various opinions about intellectual property rights; and the last reviews some manifestations in the Egyptian society which affect the intellectual property rights in both the architectural education and practice. Finally, the paper concludes that the lack of awareness among students of architecture as well as practicing architects about intellectual property rights might lead –unintentionally- to violations, infringements, and consequently disputes. In addition, respecting intellectual property would rather begin during the years of architectural education as an ethical behavior, which will continue to regulate the architectural professional practice. Besides, architects need to understand their rights which are granted by the intellectual property legislations in order to consequently secure an atmosphere of fair competition among architects.

The Value of Mainstreaming Human Rights into Health Impact Assessment

Science.gov (United States)

MacNaughton, Gillian; Forman, Lisa

2014-01-01

Health impact assessment (HIA) is increasingly being used to predict the health and social impacts of domestic and global laws, policies and programs. In a comprehensive review of HIA practice in 2012, the authors indicated that, given the diverse range of HIA practice, there is an immediate need to reconsider the governing values and standards for HIA implementation [1]. This article responds to this call for governing values and standards for HIA. It proposes that international human rights standards be integrated into HIA to provide a universal value system backed up by international and domestic laws and mechanisms of accountability. The idea of mainstreaming human rights into HIA is illustrated with the example of impact assessments that have been carried out to predict the potential effects of intellectual property rights in international trade agreements on the availability and affordability of medicines. The article concludes by recommending international human rights standards as a legal and ethical framework for HIA that will enhance the universal values of nondiscrimination, participation, transparency and accountability and bring legitimacy and coherence to HIA practice as well. PMID:25264683

Addressing legal and political barriers to global pharmaceutical access: options for remedying the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the imposition of TRIPS-plus standards.

Science.gov (United States)

Cohen-Kohler, Jillian Clare; Forman, Lisa; Lipkus, Nathaniel

2008-07-01

Despite myriad programs aimed at increasing access to essential medicines in the developing world, the global drug gap persists. This paper focuses on the major legal and political constraints preventing implementation of coordinated global policy solutions - particularly, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral and regional free trade agreements. We argue that several policy and research routes should be taken to mitigate the restrictive impact of TRIPS and TRIPS-plus rules, including greater use of TRIPS flexibilities, advancement of human rights, and an ethical framework for essential medicines distribution, and a broader campaign that debates the legitimacy of TRIPS and TRIPS-plus standards themselves.

Property, care, and environment

OpenAIRE

John O'Neill

2001-01-01

One influential approach to environmental problems holds that their solution requires the definition of full liberal property rights over goods that will enable their value to be registered in actual or hypothetical markets. How adequate is that solution? In this paper I offer reasons to be sceptical, by placing recent liberal arguments in the context of older debates about property, in particular those concerned with the distribution of care. Although proposals for the extension of liberal p...

INTELLECTUAL PROPERTY RIGHTS ISSUES FOR RESEARCH TOOLS IN BIOTECHNOLOGY RESEARCH

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Rekha Chaturvedi

2015-09-01

Full Text Available The research tools refer to the resources researchers need to use in experimental work. In Biotechnology, these can include cell lines, monoclonal antibodies, reagents, animal models, growth factors, combinatorial chemistry libraries, drug and drug targets, clones and cloning tools (such as PCR, method, laboratory equipment and machines, database and computer software. Research tools therefore serve as basis for upstream research to improve the present product or process. There are several challenges in the way of using patented research tools. IP issues with regard to research tools are important and may sometime pose hindrance for researchers. Hence in the case of patented research tools, IPR issues can compose a major hurdle for technology development. In majority instances research tools are permitted through MTAs for academic research and for imparting education. TRIPS provides a provision for exception to patent rights for experimental use of patented technology in scientific research and several countries including India have included this provision in their patent legislation. For commercially important work, licensing of research tools can be based on royalty or one time lump sum payment. Some patent owners of important high-end research tools for development of platform technology create problems in licensing which can impede research. Usually cost of a commercially available research tool is built up in its price.

Human rights literacy: Moving towards rights-based education and ...

African Journals Online (AJOL)

Our theoretical framework examines the continual process of moving towards an open and democratic society through the facilitation of human rights literacy, rights-based education and transformative action. We focus specifically on understandings of dignity, equality and freedom, as both rights (legal claims) and values ...

Minority Language Rights.

Science.gov (United States)

O Riagain, Padraig; Shuibhne, Niamh Nic

1997-01-01

A survey of literature since 1990 on minority languages and language rights focuses on five issues: definition of minorities; individual vs. collective rights; legal bases for minority linguistic rights; applications and interpretations of minority language rights; and assessments of the impact of minority rights legislation. A nine-item annotated…

Right to Development and Right to the City : A Proposal of Human Rights Categories Universal as assumptions Citizenship

Directory of Open Access Journals (Sweden)

Alessandra Danielle Carneiro dos Santos Hilário

2016-05-01

Full Text Available This article discusses the Right to the City, in a conceptual dimension and wide, and his dialectical relationship with the Universal Declaration of Human Rights of 1948 and its universalism and cultural relativism categories. The Right to the City (RtC is capitula- ted as one of the categories of the Human Right to Development from the compartments on Human Rights to descend from the Universal Declaration of Human Rights. Linked to this assumption, the discussion of universalism and cultural relativism theories bring to the fore important questions and considerations as to RtC condition, since in its current design and trampled by an evil legacy of neoliberalism, this right has demonstrated the need for authoritative action of the State, given the nature of fundamental human right of the third dimension. Through RtC, boasts up of economic, social and cultural rights, requiring a positive action of the state as compliance guarantee this human right. In this bias, relevant are discussions about the concept of law, morality, liberalism, effectiveness and universality of human rights theories and cultural relativism in dialectic with the RtC and its complexity. It starts from the assumption that the Universal Declaration of Human Rights and other statements which have descended universality (despite criticism, however, this har- vest, it is imperative closer examination of the concept, forecast, guarantee and effective- ness fundamental human rights, which may lead to a mixed application of universalistic and relativistic theories when analyzed from the perspective of these institutes. The Hu- man Right to Development (RtD presupposes notions of environmental sustainability and economic democracy, with qualified participation of social subjects (wide citizenship, seen continuous and articulated perspective as guiding the development process.

Intellectual property rights and research disclosure in the university environment: preserving the commercialization option and optimizing market interest.

Science.gov (United States)

Patino, Robert

2009-03-01

Clinical and basic scientists at academic medical and biomedical research institutions often form ideas that could have both monetary and human health benefits if developed and applied to improvement of human wellbeing. However, such ideas lose much of their potential value in both regards if they are disclosed in traditional knowledge-sharing forums such as abstracts, posters, and oral presentations at research meetings. Learning the basics about intellectual property protection and obtaining professional guidance in the management of intellectual property from a knowledgeable technology management professional or intellectual property attorney can avoid such losses yet pose a minimal burden of confidentiality on the investigator. Knowing how to successfully navigate the early stages of intellectual property protection can greatly increase the likelihood that discoveries and knowledge will become available for the public good without diminishing the important mandate of disseminating knowledge through traditional knowledge-sharing forums.

Codification of patients' rights in Poland--the Patients' Rights Act 2008.

Science.gov (United States)

Bosek, Leszek; Pawliczak, Jakub

2010-09-01

The Act of 6 November 2008 on Patients' Rights and the Commissioner for Patients' Rights collect and safeguard patients' basic rights as well as provide, for the first time in Poland, an original concept for patients' collective rights. In addition, the new Act stipulates the specific mechanism for protecting patients' rights by the newly established body called the Commissioner for Patients' Rights. Polish reform of medical law will undoubtedly contribute to the expected ratification of the Convention on Human Rights and Biomedicine. However, the nature of codified rights is relatively abstract, and the Act cannot be read without reference to legislation related to physicians and health care institutions.

Expropriation of real property

OpenAIRE

Havelka, Rostislav

2011-01-01

79 14. EXPROPRIATION OF OWNERSHIP TITLE TO LAND AND BUILDINGS This work is titled "Expropriation of ownership title to land and buildings". An expropriation is one of the special interference of the state to the property right. It not allows only to the deprivation of the ownership title but also the restriction thereof. In the Czech Republic there are legal bases of expropriation established in the Bill of Fundamental Rights and Freedoms, which is part of constitutional system. Based on the ...

Child rights, right to water and sanitation, and human security.

Science.gov (United States)

Pink, Ross

2012-06-15

The article explores the intersection between child rights, water scarcity, sanitation, and the human security paradigm. The recognition of child rights has been advanced through the 1989 Convention on the Rights of the Child and other international legal instruments, while water rights are increasingly affirmed in international law and through the historic July 2010 United Nations General Assembly resolution that strengthened the legal foundation for water security and human rights. Yet there remains a development gap in terms of child access to clean and secure water sources for basic human development needs. The human security paradigm provides a legal and humanitarian foundation for the extension of child rights related to water and sanitation. Copyright © 2012 Pink.

Why Workers’ Rights Are Not Women’s Rights

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Heidi Gottfried

2015-04-01

Full Text Available “Why workers’ rights are not women’s rights” is an argument whose purpose is to make clear why workers’ rights rest on a masculine embodiment of the labor subject and it is this masculine embodiment which is at the center of employment contracts and employment relations systems. By excavating the gender subjects implicit to and explicit in regulations of labor, the paper reveals the opposition of paired terms, masculinity and femininity privileging production over reproduction and naturalizing gender-based power relations. The paper identifies various laboring activities associated with differential rights and responsibilities. An examination of the treatment of part-time employment and waged caring labor, framed in labor, welfare, immigration, and citizenship policies and practices, locates exclusions from labor standards and exemptions from entitlements due to eligibility requirements and thresholds that assume the masculine embodiment of the worker-citizen. Gendering the analysis illustrates how contemporary labor laws and conventions grant rights on the basis of, and to, a rather abstract conception of the prototypical worker-citizen. Its origins lie in what classical political economy labeled a capitalist logic, as well as the historical practices in which free class agents entered into contracts for continuous, full-time work free of care responsibilities outside of the wage/labor nexus. Thus, it is this particular abstract construction of the proto-typical worker which instantiates the separation of “rights to” from “responsibilities for”, and it is this separation that allows the masculine embodiment of the labor subject. Modes of regulation privileging rights over responsibilities will valorize the masculine worker-citizen whose rights derive from their participation in wage labor and simultaneously devalue the feminine worker who is directly connected to caring labor.

Victims’ Rights and the Right to Review: A Corollary of the Victim’s Pre-Trial Rights to Justice

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Tyrone Kirchengast

2016-12-01

Full Text Available In R v Christopher Killick [2011] EWCA Crim 1608, the Criminal Division of the Court of Appeal for England and Wales gave a decision setting out the rights of a crime victim to seek review of a Crown Prosecution Service (CPS decision not to prosecute and concluded that victims have the right to seek review in such circumstances. This included a recommendation that the right to review should be made the subject of clearer procedures and guidance. This paper discusses article 10 of the Proposal for a Directive of the European Parliament and of the Council, (2011 2011/0129 (COD 18 May 2011 establishing minimum standards on the rights, support and protection of victims of crime (see article 11 Final Directive as applied in the Killick case. The paper further discusses the implementation of Killick in prosecution policy, namely in the CPS guideline on the victims’ right to review (Director of Public Prosecutions for England and Wales 2014. The right to review will be canvassed in light the existing framework of victim rights available during the pre-trial phase and, in particular, the right to private prosecution, access to counsel, and adjunctive and extra-curial rights from declarations or charters of victim rights.

[Right lung cancer with right aortic arch].

Science.gov (United States)

Kawaguchi, Yasuo; Noriyuki, T; Kuroda, Y; Kuranishi, F; Nakahara, M; Fukuda, T; Ishizaki, Y; Hotta, R; Akimoto, E; Mori, H

2008-02-01

An abnormal shadow was detected on chest X-ray mass screening in an asymptomatic 63-year-old man. The further examinations revealed the shadow to be primary lung cancer (Rt. S6. adenocarcinoma, cT2N0M0, c-stage IB) with right aortic arch. We used 3 dimentional-computed tomography (3D-CT) to assess an anatomical feature of vessels in detail. The right lower lobectomy and the dissection of medi astinal lymph nodes was performed. We confirmed no abnormal anatomy of pulmonary artery and vein at surgery, and it was possible to perform right lower lobectomy with the common procedure. Since lymph node was found by intraopetrative pathological examination, since no metastasis from interlobar to subcarinal lymph node was found, we did not perform dissection of upper mediastinal dissection, which was equivalent to ND2a lymph nodes dissection of the left lung cancer in General Rule for Clinical and Pathological Record of Lung Cancer. The patient with right aortic arch is known to have variant anatomy of other intrathoracic vessels occasionally. 3D-CT was quite useful in assessing anatomical feature, and enabled us to perform safe operation.

Plain packaging and indirect expropriation of trademark rights under BITs: does FCTC help to establish a right to regulate tobacco products?

Science.gov (United States)

Lo, Chang-Fa

2012-12-01

Recently the giant tobacco company Philip Morris served its notice to launch an investor-to-state dispute settlement proceeding against the Australian Government for its introduction of plain packaging requirements on tobacco products. It is an important event in the field of intellectual property, investment and international health law. The fundamental questions involved are whether the restriction of trademark rights as a result of the plain packaging requirement is a compensable indirect expropriation under BITs or whether it falls within the scope of government's right to regulate and thus become not compensable. This paper is of the view that the requirement of plain packaging will deprive the essential value or core function of trademark rights and thus constitutes an indirect expropriation under BITs. However, such indirect expropriation meets the public interest requirement and the necessity requirement. The paper further argues that sovereign States have an inherent right to regulate domestic economic activities. Since the pain packaging requirements provided in the FCTC Guidelines are expected to protect the value of human lives and health, the protected values clearly outweigh the affected commercial interests of tobacco companies. Also the justification for host States to adopt a plain packaging policy is strong. Thus, the interpreters of BITs need to pay higher respect to the host State's sovereign power concerning its right to regulate tobacco products for a legitimate purpose. The conclusion of the paper is that the host States should enjoy a defense of the right to regulate to refuse compensation. The author believes that this is the only reasonable conclusion to avoid possible conflicts between different treaty systems (BITs and the FCTC) and between different legal systems and fields (trademark law, investment law and international health law).

Vulnerable Rights: The Incomplete Realization of Disability Social Rights in France

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Anne Revillard

2018-06-01

Full Text Available While disabled people embody a classical figure of vulnerability, this paper shifts the focus of attention to the vulnerability of their social rights. I address this question normatively and empirically. From a normative point of view, a common framing of disability rights as civil rights, under the influence of the Americans with disabilities Act (ADA, has tended to impede the discussion on disability social rights. By re-asserting that social rights are fundamental human rights, the United Nations’ Convention on the Rights of Persons with Disabilities (CRPD contributes to bringing them back to the forefront of disability research. However, the realization of disability social rights also needs to be empirically assessed. Based on theories of social rights as well as on Weberian sociology of law, I point to two major ideal-typical characteristics of social rights: they are expected to reduce uncertainty, especially regarding the evolution of one’s autonomy, and to foster a sense of citizenship. I then study the reception of two types of disability benefits in France, the Adult disability benefit (AAH and the Disability compensation benefit (PCH, to assess to what extent these promises of social rights translate into the experiences of disabled citizens. My analysis is based on 30 biographical interviews with people with either visual or mobility impairments, conducted between 2014 and 2016. The results show the persistent vulnerability of disability social rights in France, pointing to the importance of the procedural dimension of rights realization.

Right Propositional Neighborhood Logic over Natural Numbers with Integer Constraints for Interval Lengths

DEFF Research Database (Denmark)

Bresolin, Davide; Goranko, Valentin; Montanari, Angelo

2009-01-01

Interval temporal logics are based on interval structures over linearly (or partially) ordered domains, where time intervals, rather than time instants, are the primitive ontological entities. In this paper we introduce and study Right Propositional Neighborhood Logic over natural numbers...... with integer constraints for interval lengths, which is a propositional interval temporal logic featuring a modality for the 'right neighborhood' relation between intervals and explicit integer constraints for interval lengths. We prove that it has the bounded model property with respect to ultimately periodic...

Organization of left-right coordination in the mammalian locomotor network

DEFF Research Database (Denmark)

Butt, S. J B; Lebret, James M.; Kiehn, Ole

2002-01-01

in the spinal cords of a number of aquatic vertebrates including the Xenopus tadpole and the lamprey. However, their function in left-right coordination of limb movements in mammals is poorly understood. In this review we describe the present understanding of commissural pathways in the functioning of spinal......Neuronal circuits involved in left-right coordination are a fundamental feature of rhythmic locomotor movements. These circuits necessarily include commissural interneurons (CINs) that have axons crossing the midline of the spinal cord. The properties of CINs have been described in some detail....... Spinal CINs play an important role in the generation of locomotor output. Increased knowledge as to their function in producing locomotion is likely to provide valuable insights into the spinal networks required for postural control and walking....

Reforming Copyright in the Context of Exercise of the Human Right to Free Expression on the Internet: An Actual Problems of the Modern International Legal Politics

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Irina V. Shugurova

2015-12-01

Full Text Available The authors discuss major trends in the area of reforming of copyright in the light of full exercise of internationally recognized human right to expression regarding the digital environment, especially the Internet, and demonstrate the significant situation when intellectual property rights, mainly author’s exclusive rights, build a lot of troubles for the information human rights. The article also looks at the changes in the understanding the relation between copyright and the human right to freedom of expression and information on the Internet. Much attention is paid to new moments in the modern doctrine of intellectual property that is inspired by process of digitization of author’s rights. There is conducted the approach to addressing copyright as one of the digital human rights resulted from property rights and right of creators to protection of their moral and economic interests. However, authors of the article departure from postulate that copyright is the human rights to a certain degree only. Moreover, this article examines the international legal approach to seeking the balance between the human right to freedom of expression, opinion and information, on the one hand, and copyright, especially as regards the Internet, on the other hand. There has been argued that key role in elaborating and adopting the principled standards in this sphere belongs to international law, including international law of human rights. In addition, the latter, as authors have ascertained, must correspond to international law of intellectual property rights, international information law, and international competition law. The study focus on various aspects of solving the problem of adapting copyright to the digital environment.

THE RESALE RIGHT

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Ana-Maria MARINESCU

2017-05-01

Full Text Available The article analyses one of the most important rights of the authors of original works of art namely: the resale right. It will be analyzed the subject matter of the resale right, the works of art to which the resale right relates, the rates applicable to the resale right, the persons entitled to receive royalties, the term of protection of the resale right, third-country nationals entitled to receive royalties and the right to obtain information. Also, the article will refer to the EU Directive in the field: Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art. It will be the subject of the article, also, the European Court of Justice jurisprudence related to the resale right, for example the judgment in the case C-518/08 (VEGAP vs. ADAGP, underlying that, in the light of the objectives pursued by Directive 2001/84, Member States may make their own legislative choice in determining the categories of persons capable of benefiting from the resale right after the death of the author of a work of art. One of parts of the article, will analyses the collective management for the resale right, especially: the terms of the collective management, forms of the collective management and examples. For all the above mentioned reasons, the article will refer to the main aspects of the resale right in a comprehensive manner and will analyses in a scientifically manner this very important right of the authors of original works of art.

[Brain plastic alterations in subjects with chronic right-sided sensorineural hearing loss: a resting-state MRI study].

Science.gov (United States)

Zhang, L L; Gong, J P; Xu, Y W; Liu, B

2016-06-21

To investigate the nodal properties and reorganization of whole-brain functional network in subjects with severe right-sided SNHL. From June 2012 to June 2013, a total of 19 patients with severe right-sided SNHL were collected from Zhongda Hospital or the recruitment advertising along with 31 healthy controls.Based on the graph-theoretical analysis, the whole-brain functional networks were constructed using the BOLD-fMRI data of all subjects.Two sample two-tailed t-tests were used to investigate the differences between two groups in nodal metrics, such as node degree, node betweenness, node global efficiency and node local efficiency.All metrics were corrected by multiple comparisons.Partial correlation analysis was used to estimate the relationship between the significant metrics and the duration or severity of hearing loss. The right-sided SNHL showed significantly increased betweenness centrality in left supramarginal gyrus and right fusiform.However, other nodal parameters showed no statistical difference.Besides, patients exhibited no significant association between the altered metrics and clinical variables. Alterations of local topological properties may underlie cerebral cross-modal plastic reorganization in visual or speech-related regions in severe right-sided SNHL patients.

Accommodating the Right to Development in Kosovo: A Human Rights Perspective

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Remzije Istrefi

2017-08-01

Full Text Available The right to development is the right of individuals and peoples to an enabling environment for development that is equitable, sustainable, and participatory and in accordance with the full range of human rights and fundamental freedoms. A wide range of international law on development exists, and numerous Declarations and Programs of Action from the UN World Conferences have been proclaimed. Nevertheless, due to its nature and its legal status the right to development continues to be one of the most contested rights in academic and political circles. The conflicting interpretation of the right to development and its contested legal status affects realization of development to which every human person is entitled by virtue of the right to development. But, if the right to development is read through the human rights “lenses”, it can result in an interpretation that can be most helpful for its realization in practice. The relevance of interpretation of the right to development as a human right becomes imperative in transitional society such as the one in Kosovo where the environment continues to encounter legal and structural obstacles to development. In light of this situation the present paper analyses the relationship between human rights and development, the relevance of development in post conflict society and its impact on overcoming the transition and securing a lasting peace.

The right to fashion in the age of terrorism.

Science.gov (United States)

Pham, Minh-Ha T

2011-01-01

As part of a feminist commitment to collaboration, this article appears as a companion essay to Mimi Thi Nguyen's "The Biopower of Beauty: Humanitarian Imperialisms and Global Feminisms" and offers a point of departure for thinking about fashion and beauty as processes that produce subjects recruited to, and aligned with, the national interests of the United States in the war on terror. The Muslim woman in the veil and her imagined opposite in the fashionably modern - and implicitly Western - woman become convenient metaphors for articulating geopolitical contests of power as a human rights concern, as a rescue mission, as a beautifying mandate. This article examines newer iterations of this opposition, in the wake of September 11, 2001, in order to demonstrate the critical resonance of a biopolitics on fashion and beauty. In "The Right to Fashion in the Age of Terrorism," the author examines the relationship between the U.S. war on terror, targeting persons whose sartorial choices are described as terrorist-looking and oppressive, and the right-to-fashion discourse, which promotes fashion's mass-market diffusion as a civil liberty. Looking at these multiple invocations of the democratization of fashion, this article argues that the right-to-fashion discourse colludes with the war on terror by fabricating a neoliberal consumer-citizen who is also a couture-citizen and whose right to fashion reasserts U.S.exceptionalism, which is secured by private property, social mobility, and individualism.

Retrospective of the human rights situation in Croatia through legislation and judicial practice, with emphasis on minority rights

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Lončar Semina

2009-01-01

Full Text Available Since the establishment of new states of former Yugoslavia, the Republic of Croatia led discriminatory legislative and judicial policies towards minorities, politically 'unsuitable' and families of mixed ethnic structure, with the aim of creating ethnically pure Croatian. For this purpose, brought a series of racist and discriminatory laws, some of which had a retroactive effect and apply, all to existing state: deportation of over 350,000 citizens, the confiscation of over 30,000 apartments, the suspension of payments of pensions over 33,000 users, mining and destruction of over 78,000 residential and farm buildings in private ownership, and other damages... caused solely due to ethnicity - legalized. In addition to the illegal seizure of property, are members of minority status and the laws reduced civil rights, and which further worsened their position in Croatia. The legislative policy is followed synchromesh and jurisprudence, so that damaged and disenfranchised people are not even legal way was able to obtain their material status and rights were before the war, as well as Croatian citizens, and had made in Croatia. Unfortunately, the institutions of the European Court of Human Rights, which many believed, proved a failure, because it is generally rejected all claims for refund compensation or restoration - not believing that the Croatian courts violate any law, or that the damage caused prior to November 1997th, ie, until the signing of the Convention, Croatia is not responsible. Since Croatian independence until today, discrimination against minorities (mostly by Serbian, although under pressure from the international community an improved law - in practice, remained present in almost all spheres of life. In addition to Serbian, has problems and the Albanian minority, which Croatia is denied issuance of work permits, and thus the right to stay, and deportation orders from the economic crisis, the structure of human rights extended to all

Left is right and right is wrong: fluorodeoxyglucose uptake in left hemi-diaphragm due to right phrenic nerve palsy

International Nuclear Information System (INIS)

Joshi, Prathamesh; Lele, Vikram

2013-01-01

A 36-year-old Indian man, a recently diagnosed case of the right lung carcinoma underwent fluorodeoxyglucose positron emission tomography-computed tomography (FDG PET/CT) for staging of the malignancy. PET/CT showed increased FDG uptake in the right lung mass, consistent with the known primary tumor. Right hemidiaphragm was found to be elevated on CT, suggesting right diaphragmatic paresis. The PET scan demonstrated asymmetric, intense FDG uptake in the left hemidiaphragm and accessory muscles of respiration, which was possibly due to compensatory increased workload related to contralateral right diaphragmatic paresis. The right diaphragmatic paresis was hypothesized to be caused by phrenic nerve palsy by right lung neoplasm. (author)

Left is right and right is wrong: Fluorodeoxyglucose uptake in left hemi-diaphragm due to right phrenic nerve palsy.

Science.gov (United States)

Joshi, Prathamesh; Lele, Vikram

2013-01-01

A 36-year-old Indian man, a recently diagnosed case of the right lung carcinoma underwent fluorodeoxyglucose positron emission tomography-computed tomography (FDG PET/CT) for staging of the malignancy. PET/CT showed increased FDG uptake in the right lung mass, consistent with the known primary tumor. Right hemidiaphragm was found to be elevated on CT, suggesting right diaphragmatic paresis. The PET scan demonstrated asymmetric, intense FDG uptake in the left hemidiaphragm and accessory muscles of respiration, which was possibly due to compensatory increased workload related to contralateral right diaphragmatic paresis. The right diaphragmatic paresis was hypothesized to be caused by phrenic nerve palsy by right lung neoplasm.

Case of right atrial myxoma with right to left shunt

Energy Technology Data Exchange (ETDEWEB)

Nakai, Kenji; Suzuki, Tomoyuki; Ohzeki, Tetsuro (Iwate Medical Coll., Morioka (Japan). School of Medicine)

1982-12-01

A case of 49-year-old woman with right atrial myxoma resulting to right to left shunt, diagnosed by cardiac pool isotope image, was reported. She was admitted to our clinic because of progressive shortness of breath. At admission lip cyanosis was noted. Laboratory data included polycythemia, low O/sub 2/ saturation (89%) and high erythrocyte sedimentation rate (65 mm/1 h). Chest x-p showed slight right atrial enlargement, but no pulmonary congestion. The electrocardiogram showed sinus regular rhythm with biphasic p wave in leads II, III, aVf. Although 1st heart sound at the apex was splited, no heart murmur was heard. In usual echocardiographic approach, no abnormal echogram was obtained in the right ventricular region. Lung perfusion scintiscan with Tc-99 m-MAA showed visualization of thyroid gland and kidney, which suggested intracardiac right-to-left shunt. Cardiac pool image with Tc-99m-HSA revealed large photo-deficient area in the right atrium and early visualization of aortic arch. Computor tomography showed large round low density region 8 x 7 cm in size. Based on their findings, this patient was diagnosed as right atrial tumor. At operation a large tumor (diameter 8 x 7 x 7 cm, weight 160g) filled the lower part of the right atrium and was adherent to the anterolateral wall in the right atrium. As a cause of R-L shunt, streched foramen ovale (5 x 10 mm) was found. Tumor histology was typical of atrial myxoma. Post-operative gated cardiac isotope image showed no evidence of residual atrial tumor. Cardiac blood pool isotope imaging was a method for the noninvasive detection and assessment of right atrial myxoma.

Superficiary Right of Building: Origin and Development in Central Europe

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Petr Pavel

2016-06-01

Full Text Available The Czech Republic has been dealing for the last four years with a legal revolution in the field of private law. A new Civil Code was adopted in 2012 and many new and forgotten legal figures were restored in the text of the code. An interesting example of forgotten legal figures is the superficiary right of building, which has again entered the legal order of the Czech Republic after a long one hundred years. Unlike the Act on the Superficiary Right of Building of 1912, the new Civil Code extends the scope of persons that may create the superficiary right of building to their land. This should eliminate the obstacle that has substantially limited its wider use. The superficiary right of building is not likely to become a legal concept very frequently seen in public registers. The aim of this paper is, therefore, a reflection on divided ownership and the purpose and genesis of the superficiary right of building in relation to its origins, as well as a prediction of future developments of this legal concept in the real estate market. To analyse the concept, the paper employs formal and legal methods (logical, grammatical and historical method. A comparative study is conducted in the spirit of the comparative method. The superficiary right of building is a suitable complement to the range of options of property rights offered by the new Civil Code. The author concludes that the use of the superficiary right of building, although not limited in comparison with the 1912 Act, will likely be less frequent and focused on longer-term projects.

The right to health of prisoners in international human rights law.

Science.gov (United States)

Lines, Rick

2008-01-01

This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non-binding or so-called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.

Roadway alignments as assets: evaluating alternatives for valuing major highway corridor rights of way.

Science.gov (United States)

2010-12-01

In most highway asset management exercises, real estate used in alignments is considered to be an asset class that does not depreciate. Although the treatment of right of way assets as non-depreciable real property may be appropriate as an accounting...

Rights of Identity

Directory of Open Access Journals (Sweden)

Daniel Kofman

2017-01-01

Full Text Available A person’s identity is their sense of who and what they are, of who stands in significant relations to them, and of what is valuable to them. This is inevitably very broad, an immediate implication of which is that the concept of identity taken alone cannot do significant normative work. In some cases a person’s identity is bound up with the evil that they do or wish to do, and cannot thereby give them any right to do it. In other cases very powerful elements of a person’s identity – such as their attachment to loved ones – is certainly related to important rights, but it is not entirely clear that one needs the concept of identity to explicate or justify these rights; the deep involvement of their identity is arguably a byproduct of other important values in these cases (such as love, and those values can do the grounding work of the rights by themselves and more simply and clearly. Nevertheless, when suitably qualified, a person’s identity is central to accounting for important political rights. These ranges from rights to participate in cultural practices of one’s group, which sometimes implies duties on governments to support minorities threatened with extinction, to – at the outer limit – rights to arrange political administration. These rights are connected to both autonomy and fairness. Cultural rights are often taken either to be opposed to autonomy, or at best instrumental to personal autonomy (by providing ‘options’, but in fact, the ideal of autonomy, expressed by Mill as being the author of one’s life, requires that one be in control of significant aspects of one’s identity. Significant aspects of one’s identity are collectively determined within a culture. Cultures are not static, and their development is particularly affected by political boundaries. A fundamental right of autonomy implies, therefore, that groups be allowed, within reasonable constraints of general feasibility and stability, to arrange

Animal rights and environmemntal rights in Brazilian Supreme Court

Directory of Open Access Journals (Sweden)

Fernando Cesar Costa Xavier

2018-01-01

Full Text Available The subject. The article analyzes the arguments of the Federal Supreme Court of Brazil, used in the consideration of disputes concerning animal rights, in comparison with the developments of theorists in this field.The purpose of the article is to justify the necessity of respect for the rights of animals and the “animal dignity” by the courts.The methodology includes formal-legal analysis of courts’ decisions, comparative-legal analysis and synthesis as well as formal-logical analysis of scientific researches in the field of animal rights.The main results and scope of application. It is wrong to claim that the Brazilian Supreme Court decision in “Vaquejada” case (or even in “Farra do Boi” or cockfights cases would be an increase in the process of a supposed recognition of animal rights in the Brazilian constitutional jurisdiction. In such cases, most of the Judges who participated in the trial pondered and reinforced the prevalence of environmental law, including it wildlife protection (and non-submission of the animals to cruelty, pursuant to Art. 225, § 1, VII, of the Brazilian Constitution. In this way, it would have been disregarded the categorical difference between environmental law and animal rights. The Constitution itself encourages confusion between those categories when dealing with the prohibition of animal cruelty in a chapter on the environment (chap. VI. This article argues that the focus on the statement of environmental law, the Supreme Court allows them to be strengthened arguments considered as obstacles to the defenders of animal rights, particularly the anthropocentric argument that the balanced environment is important to make possible to human beings more quality of life. Analyzing the decisions, especially in of Vaquejada and Farra do Boi cases, it appears that points many important analyzed in the theoretical debate about animal rights, such as the notions of “animal dignity” and “flourishing life�

Human Rights Texts: Converting Human Rights Primary Source Documents into Data.

Science.gov (United States)

Fariss, Christopher J; Linder, Fridolin J; Jones, Zachary M; Crabtree, Charles D; Biek, Megan A; Ross, Ana-Sophia M; Kaur, Taranamol; Tsai, Michael

2015-01-01

We introduce and make publicly available a large corpus of digitized primary source human rights documents which are published annually by monitoring agencies that include Amnesty International, Human Rights Watch, the Lawyers Committee for Human Rights, and the United States Department of State. In addition to the digitized text, we also make available and describe document-term matrices, which are datasets that systematically organize the word counts from each unique document by each unique term within the corpus of human rights documents. To contextualize the importance of this corpus, we describe the development of coding procedures in the human rights community and several existing categorical indicators that have been created by human coding of the human rights documents contained in the corpus. We then discuss how the new human rights corpus and the existing human rights datasets can be used with a variety of statistical analyses and machine learning algorithms to help scholars understand how human rights practices and reporting have evolved over time. We close with a discussion of our plans for dataset maintenance, updating, and availability.

Property Rights and Strategic Management

DEFF Research Database (Denmark)

Foss, Nicolai Juul

2013-01-01

Global strategy differs from domestic strategy in terms of content and process as well as context and structure. The content of global strategy can contain five key elements, while the process of global strategy can have six major stages. These are expounded below. Global strategy is influenced b...

CONCEPTUAL FOUNDATIONS OF PROPERTY RIGHTS:

African Journals Online (AJOL)

eliasn

Ethiopia” and “shall not be subject to sale or to other means of exchange.” One .... with the advent of the state, nation states and legal systems. Meanwhile ...... regimes” in the absence of which individual members tend to optimize their benefits ...

Direct to consumer genetic testing and the libertarian right to test.

Science.gov (United States)

Bonython, Wendy Elizabeth; Arnold, Bruce Baer

2017-08-20

Loi recently proposed a libertarian right to direct to consumer genetic testing (DTCGT)- independent of autonomy or utility-reflecting Cohen's work on self-ownership and Hohfeld's model of jural relations. Cohen's model of libertarianism dealt principally with self-ownership of the physical body. Although Loi adequately accounts for the physical properties of DNA, DNA is also an informational substrate, highly conserved within families. Information about the genome of relatives of the person undergoing testing may be extrapolated without requiring direct engagement with their personal physical copy of the genome, triggering rights and interests of relatives that may differ from the rights and interests of others, that is, individual consumers, testing providers and regulators. Loi argued that regulatory interference with exercise of the right required justification, whereas prima facie exercise of the right did not. Justification of regulatory interference could include 'conflict with other people's rights', 'aggressive' use of the genome and 'harming others'. Harms potentially experienced by relatives as a result of the individual's exercise of a right to test include breach of genetic privacy, violation of their right to determine when, and if, they undertake genetic testing and discrimination. Such harms may justify regulatory intervention, in the event they are recognised; motives driving 'aggressive' use of the genome may also be relevant. Each of the above criteria requires clarification, as potential redundancies and tensions exist between them, with different implications affecting different groups of rights holders. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2017. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

Formal requirements for exclusion of the preferential right to shares

Directory of Open Access Journals (Sweden)

Marjanski Vladimir

2014-01-01

Full Text Available A preferential subscription right to shares is a subjective property right of a shareholder based on which he or she has a preferential right of subscription to shares from a new issue in proportion to the number of fully paid-in shares of that class he or she holds on the date of adoption of the decision on issuing of shares compared with the total number of shares of that class. However, this right of a shareholder can be completely or partially excluded, if formal and substantial requirements for such exclusion are met. This paper focuses primarily on analysis of formal requirements for exclusion envisaged by the Serbian Law on Companies with a brief review of EU law and comparative law. According to the Serbian Law on Companies, there are three formal requirements for exclusion of a preferential subscription right: 1. shares are issued through the offer for which there is no obligation to publish a prospectus; 2. there is a written proposal for exclusion from the Board of Directors, or of the Supervisory Board if a company has a two-tier management system; 3. the exclusion is based on a decision of the General Meeting of the Joint-stock company. With regards formal requirements, the paper concentrates on several weaknesses of the Serbian Law on Companies which considerably undermine the position of the so-called small shareholders.

Human Rights, Mineral Rights and Corporate Social Responsibility ...

African Journals Online (AJOL)

This view of the company is often described under the concept of corporate social responsibility. This Paper assesses the nature of corporate social responsibility in Ghana primarily focusing on the mining industry. The Paper outlines the various human rights and mineral rights in Ghana and the effects of mining on human ...

Human rights literacy: Moving towards rights-based education and ...

African Journals Online (AJOL)

Hennie

Edu-HRight Research Unit, Faculty of Education Sciences, North-West University Potchefstroom Campus, ... Finally, recommendations are made regarding human rights and rights-based .... serve as guidelines for our actions and attitudes.

75 FR 68325 - Government Programs to Assist Businesses Protect Their Intellectual Property Rights (IPR) in...

Science.gov (United States)

2010-11-05

... of U.S. businesses, including Small- and Medium-Sized Enterprises (SMEs), in foreign markets. As... rights in foreign markets in particular. 2. Identify specific challenges businesses, including SMEs, face..., patents, trade secrets) present the most challenges to SMEs? Should U.S. government programs focus on...

Economic governance of property rights: comparative analysis on the collection of royalties in genetically modified soybean seeds

Directory of Open Access Journals (Sweden)

Guilherme Fowler de Avila Monteiro

2013-03-01

Full Text Available This paper examines the governance of property rights on genetically modified (GM soybean seeds. Specifically, the article undertakes a comparative analysis on the collection of royalties in GM soybean seeds in the U.S. and Brazil. For each country, the authors describe the regulatory framework governing the protection of biotechnology innovations in agriculture and investigate the mechanisms of royalty collection in GM soybean seeds. The paper also offers econometric evidence linking the capture of value on biotech innovations and the protection mechanisms deployed by biotech firms. The results suggest that, subject to the institutional environment, firms may choose to transact a GM attribute separated from the seed, building specialized governance structures framed around the genetic attribute and not around the seed as a whole.Este artigo examina a governança de direitos de propriedade em sementes transgênicas de soja. Especificamente, o estudo empreende uma análise comparativa sobre a cobrança de royalties em sementes transgênicas de soja nos EUA e no Brasil. Para cada país, os autores descrevem a estrutura regulatória que rege a proteção de inovações biotecnológicas na agricultura e investigam os mecanismos de cobrança de royalties em sementes transgênicas de soja. O artigo também examina evidências econométricas que relacionam a captura de valor sobre inovações biotecnológicas e os mecanismos de proteção utilizados por firmas de biotecnologia. Os resultados sugerem que, com base no ambiente institucional, uma firma pode optar por transacionar um atributo transgênico separado da semente, estabelecendo estruturas especializadas de governança que se emolduram em torno do atributo e não da semente em si.

Children's rights and school psychology: children's right to participation.

Science.gov (United States)

Lansdown, Gerison; Jimerson, Shane R; Shahroozi, Reza

2014-02-01

The Convention on the Rights of the Child detailed an international imperative to fulfilling, protecting, and respecting the rights of every child. In particular, the Convention set out a clear mandate for guaranteeing opportunities for children to be heard on all matters of concern to them. The attainment of these goals involves respecting and valuing children as active participants in the educational process. If fully implemented, the right of children to express views and have them taken seriously, throughout the school environment, would represent one of the most profound transformations in moving towards a culture of respect for children's rights, for their dignity and citizenship, and for their capacities to contribute significantly towards their own well-being. These values and principles are consistent with those of the school psychology profession, thus, school psychologists are encouraged to be at the Center of the process advocating and actualizing the Convention in schools throughout the world. Copyright © 2014 Society for the Study of School Psychology. Published by Elsevier Ltd. All rights reserved.

Fundamental Human Rights under the Nigerian Constitution: Right ...

African Journals Online (AJOL)

It is almost tempting to apologise for returning to the subject of human rights, but the temptation ought to be resisted. The question of the recognition and protection of Human rights, a perennial, worldwide problem since the immediate aftermath of the Second World War in particular, has played a leading role in international, ...

3 CFR 8464 - Proclamation 8464 of December 9, 2009. Human Rights Day, Bill of Rights Day, And Human Rights...

Science.gov (United States)

2010-01-01

... culture is unique, certain rights are universal: the freedom of people—including women and ethnic and... 3 The President 1 2010-01-01 2010-01-01 false Proclamation 8464 of December 9, 2009. Human Rights Day, Bill of Rights Day, And Human Rights Week, 2009 8464 Proclamation 8464 Presidential Documents...

Blunt rupture of the right hemidiaphragm with herniation of the right colon and right lobe of the liver

Directory of Open Access Journals (Sweden)

Bairagi Anjana

2010-01-01

Full Text Available Acute right hemidiaphragm rupture with abdominal visceral herniation is reportedly less common than on the left. We present a complex case of blunt rupture of the right hemidiaphragm with herniation of the right colon and right lobe of the liver in a multiply injured patient. The diagnostic approach, with specific reference to the imaging studies, and surgical management is discussed, followed by a brief literature review highlighting the complexities of the case.

Children's rights, international human rights and the promise of ...

African Journals Online (AJOL)

Children's rights, international human rights and the promise of Islamic legal theory. ... Law, Democracy & Development ... law but also religion and ethics, thus offering a multidimensional approach covering the total personality of the child.

On Libertarianism and the Proprietary Understanding of Human Rights (O libertarizmu in lastninskem pojmovanju človekovih pravic

Directory of Open Access Journals (Sweden)

Luka Mišič

2016-12-01

Full Text Available The article deals with the theory of libertarianism which is clearly distinguished from the theory of liberalism and tries to answer the question of what exactly is “a libertarian understanding” of human rights. The author, already in the article’s title, offers an answer in a form of the “proprietary” understanding and through the text confronts the reader with the reasoning behind such an understanding. He points out several elements of the substantive and formal transformation of the traditional notion of human rights and basic freedoms needed for the notion to be coherent with the theory of libertarianism. The author understands the traditional function of human rights as a protective mechanism for the individual against the state and presents the libertarian understanding of the notion as a result of the libertarian understanding of one’s personal freedom that is based on the principle of self-ownership and the nonaggression principle by which every encroachment with one’s property (extending to his own body and will has to derive from a consensus among (two parties. Thereby human rights need to put on a new role in which they are completely dependent on the right to property (being the only natural and superior right and function in a negative, relative and value-neutral manner.

A critical analysis of debtor’s right to reinstate a credit agreement & resume possession of property

Directory of Open Access Journals (Sweden)

Hlako Choma

2018-03-01

Full Text Available In terms of section 129(3(a of the South African National Credit Act 34 of 2005 a consumer may reinstate a credit agreement that is in default by paying all the money that is overdue together with default charges incurred by the credit provider and also the costs of enforcing the agreement until the agreement is reinstated. A consumer should pay costs of reinstating agreement if the credit provider has not yet cancelled the agreement. A consumer who paid the required costs will also resume possession of goods that were repossessed by the credit provider pursuant to attachment order. However a consumer is prohibited from reinstating a credit agreement after the property is sold pursuant to attachment order or surrender of property in terms of section 127 (section 129(4. A consumer is also prohibited from reinstating a credit agreement after the execution of court order enforcing that agreement or after termination of agreement in terms of the NCA (section 129(4. Therefore a question arise as to whether a consumer who fell in arrears can reinstate a credit agreement by paying the arrears and preclude a credit provider from proceeding to sell the property. In other words whether a consumer who paid arrears on credit agreement can reinstate such credit agreement and disentitling the credit provider from selling the property. This was the crisp question put to the court in the recent decision in Nkata v Firstrand Bank Limited and Others (CCT73/15 [2016] ZACC 12; 2016 (6 BCLR 794 (CC; 2016 (4 SA 257 (CC (21 April 2016. The purpose this article is to critically analyse the decision in Nkata v Firstrand Bank Limited and Others (CCT73/15 [2016] ZACC 12; 2016 (6 BCLR 794 (CC; 2016 (4 SA 257 (CC (21 April 2016 in view of the application and interpretation of section 129(3 and (4 of the NCA.

Choosing the Right Assessment for the Right Purpose

Science.gov (United States)

Eliasson, Ann-Christin

2012-01-01

Assessments used for both clinical practice and research should show evidence of validity and reliability for the target group of people. It is easy to agree with this statement, but it is not always easy to choose the right assessment for the right purpose. Recently there have been increasing numbers of studies which investigate further the…

Microstructure, mechanical properties, bio-corrosion properties and antibacterial properties of Ti-Ag sintered alloys.

Science.gov (United States)

Chen, Mian; Zhang, Erlin; Zhang, Lan

2016-05-01

In this research, Ag element was selected as an antibacterial agent to develop an antibacterial Ti-Ag alloy by a powder metallurgy. The microstructure, phase constitution, mechanical properties, corrosion resistance and antibacterial properties of the Ti-Ag sintered alloys have been systematically studied by X-ray diffraction (XRD), scanning electron microscope (SEM), compressive test, electrochemical measurements and antibacterial test. The effects of the Ag powder size and the Ag content on the antibacterial property and mechanical property as well as the anticorrosion property have been investigated. The microstructure results have shown that Ti-Ag phase, residual pure Ag and Ti were the mainly phases in Ti-Ag(S75) sintered alloy while Ti2Ag was synthesized in Ti-Ag(S10) sintered alloy. The mechanical test indicated that Ti-Ag sintered alloy showed a much higher hardness and the compressive yield strength than cp-Ti but the mechanical properties were slightly reduced with the increase of Ag content. Electrochemical results showed that Ag powder size had a significant effect on the corrosion resistance of Ti-Ag sintered alloy. Ag content increased the corrosion resistance in a dose dependent way under a homogeneous microstructure. Antibacterial tests have demonstrated that antibacterial Ti-Ag alloy was successfully prepared. It was also shown that the Ag powder particle size and the Ag content influenced the antibacterial activity seriously. The reduction in the Ag powder size was benefit to the improvement in the antibacterial property and the Ag content has to be at least 3wt.% in order to obtain a strong and stable antibacterial activity against Staphylococcus aureus bacteria. The bacterial mechanism was thought to be related to the Ti2Ag and its distribution. Copyright © 2016 Elsevier B.V. All rights reserved.

Transmission rights and market power on electric power networks. 2. Physical rights

International Nuclear Information System (INIS)

Joskow, Paul; Tirole, Jean

1999-01-01

This discussion paper examines physical transmission rights where the capacity of each potentially congested interface is defined and the rights to use the congested interfaces are created and allocated in some way for suppliers and consumers. The way in which the allocation of physical rights affects competition or increases the buyers or sellers market power in the power generation market when a transmission interface is congested, and how rights markets with different microstructures allocate physical rights and determine rights prices are explored. An electricity market with physical transmission rights in the absence of capacity release rules, and physical transmission rights and market power are addressed. Loop flows, and capacity release rules are discussed. (UK)

75 FR 78147 - Human Rights Day, Bill of Rights Day, and Human Rights Week, 2010

Science.gov (United States)

2010-12-14

..., certain rights belong to all people: freedom to live as they choose, to speak openly, to organize... in the rule of law. Freedom, justice, and peace for the world must begin with basic security and... rights a reality for every person, regardless of race, gender, religion, nationality, sexual orientation...

High temperature structural and magnetic properties of cobalt nanorods

Energy Technology Data Exchange (ETDEWEB)

Ait Atmane, Kahina [Univ. Paris Diderot, Sorbonne Paris Cite, ITODYS, UMR CNRS 7086, 15 rue J.-A. de Baief, 75205 Paris Cedex 13 (France); Zighem, Fatih [Laboratoire Leon Brillouin, CEA CNRS UMR 12, IRAMIS, CEA-Saclay, 91191 Gif sur Yvette (France); Soumare, Yaghoub [Univ. Paris Diderot, Sorbonne Paris Cite, ITODYS, UMR CNRS 7086, 15 rue J.-A. de Baief, 75205 Paris Cedex 13 (France); Ibrahim, Mona; Boubekri, Rym [Universite de Toulouse, LPCNO, INSA CNRS UMR 5215, 135 av. de Rangueil, 31077 Toulouse Cedex 4 (France); Maurer, Thomas [Laboratoire Leon Brillouin, CEA CNRS UMR 12, IRAMIS, CEA-Saclay, 91191 Gif sur Yvette (France); Margueritat, Jeremie [Univ. Paris Diderot, Sorbonne Paris Cite, ITODYS, UMR CNRS 7086, 15 rue J.-A. de Baief, 75205 Paris Cedex 13 (France); Piquemal, Jean-Yves, E-mail: jean-yves.piquemal@univ-paris-diderot.fr [Univ. Paris Diderot, Sorbonne Paris Cite, ITODYS, UMR CNRS 7086, 15 rue J.-A. de Baief, 75205 Paris Cedex 13 (France); Ott, Frederic; Chaboussant, Gregory [Laboratoire Leon Brillouin, CEA CNRS UMR 12, IRAMIS, CEA-Saclay, 91191 Gif sur Yvette (France); Schoenstein, Frederic; Jouini, Noureddine [LSPM, CNRS UPR 9001, Universite Paris XIII, Institut Galilee, 99 av. J.-B. Clement, 93430 Villetaneuse (France); Viau, Guillaume, E-mail: gviau@insa-toulouse.fr [Universite de Toulouse, LPCNO, INSA CNRS UMR 5215, 135 av. de Rangueil, 31077 Toulouse Cedex 4 (France)

2013-01-15

We present in this paper the structural and magnetic properties of high aspect ratio Co nanoparticles ({approx}10) at high temperatures (up to 623 K) using in-situ X ray diffraction (XRD) and SQUID characterizations. We show that the anisotropic shapes, the structural and texture properties are preserved up to 500 K. The coercivity can be modelled by {mu}{sub 0}H{sub C}=2(K{sub MC}+K{sub shape})/M{sub S} with K{sub MC} the magnetocrystalline anisotropy constant, K{sub shape} the shape anisotropy constant and M{sub S} the saturation magnetization. H{sub C} decreases linearly when the temperature is increased due to the loss of the Co magnetocrystalline anisotropy contribution. At 500 K, 50% of the room temperature coercivity is preserved corresponding to the shape anisotropy contribution only. We show that the coercivity drop is reversible in the range 300-500 K in good agreement with the absence of particle alteration. Above 525 K, the magnetic properties are irreversibly altered either by sintering or by oxidation. - Graphical abstract: We present in this paper the structural and magnetic properties of high aspect ratio Co nanorods ({approx}10) at high temperatures (up to 623 K) using in-situ X-ray diffraction and SQUID characterizations. We show that the anisotropic shapes, the structural and texture properties are preserved up to 500 K. Above 525 K, the magnetic properties are irreversibly altered either by sintering or by oxidation. Highlights: Black-Right-Pointing-Pointer Ferromagnetic Co nanorods are prepared using the polyol process. Black-Right-Pointing-Pointer The structural and texture properties of the Co nanorods are preserved up to 500 K. Black-Right-Pointing-Pointer The magnetic properties of the Co nanorods are irreversibly altered above 525 K.

12 CFR 617.7630 - Does this Federal requirement affect any state property laws?

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Does this Federal requirement affect any state property laws? 617.7630 Section 617.7630 Banks and Banking FARM CREDIT ADMINISTRATION FARM CREDIT SYSTEM BORROWER RIGHTS Right of First Refusal § 617.7630 Does this Federal requirement affect any state property...

From Disability Rights to the Rights of the Dying (and Back Again

Directory of Open Access Journals (Sweden)

Harold Braswell

2017-12-01

Full Text Available This article argues for civil rights for dying people. The creation of such rights should be understood as complementary to, but distinct from, existing initiatives to provide dying people with social benefits. A basis for rights for terminally ill people can be found in the disability rights movement. Through an ethnographic case study of two dying individuals, I argue that terminally ill people can be subjected to disability discrimination as it is understood within the dominant theoretical framework of disability rights: the social model of disability. Nevertheless, while disability rights provides a theoretical basis for understanding discrimination against people who are dying, existing U.S. disability rights legislation largely does not recognize, nor address this discrimination. For this reason, it is necessary to develop a separate set of rights of the dying. I conclude by arguing that such “dying rights” are a logical extension of disability rights, and will bring ancillary benefits to both disabled people and the disability rights movement itself. There is thus a strong foundation for a legal and political alliance between disability rights advocates and advocates for people who are dying.

Right heart ventriculography

Science.gov (United States)

Angiography - right heart ... moved forward into the right side of the heart. As the catheter is advanced, the doctor can ... is injected into the right side of the heart. It helps the cardiologist determine the size and ...

The inherent inefficiency of simultaneously feasible financial transmission rights auctions

International Nuclear Information System (INIS)

Deng, Shi-Jie; Oren, Shmuel; Meliopoulos, A.P.

2010-01-01

Empirical evidence from the New York ISO shows that the clearing prices for point-to-point congestion revenue rights, also known as financial transmission rights (FTRs), resulting from centralized auctions conducted by Independent System Operators differ significantly and systematically from the realized congestion revenues that determine the accrued payoffs of these rights. The question addressed by this paper is whether such deviations are due to price discovery errors which will eventually vanish or due to inherent inefficiencies in the auction structure. We show that even with perfect foresight of average congestion rents the clearing prices for the FTRs depend on the bid quantity and therefore may not be priced correctly in the financial transmission right (FTR) auction. In particular, we prove that quantity limits on the FTR bids may cause the auction clearing prices to differ from the bid prices. This phenomenon which is inherent in the theoretical properties of the optimization algorithm used to clear the auction, is further illustrated through numerical simulations with test systems. We conclude that price discovery alone would not remedy the discrepancy between the auction prices and the realized values of the FTRs. Secondary markets or frequent reconfiguration auctions are necessary in order to achieve such convergence. (author)

Victims’ rights are human rights: The importance of recognizing victims as persons

Directory of Open Access Journals (Sweden)

Wemmers Jo-Anne

2012-01-01

Full Text Available In this paper the author argues that victims’ rights are human rights. Criminal law typically views victims as witnesses to a crime against the state, thus shutting them out of the criminal justice process and only allowing them in when they are needed to testify. This is a major source of dissatisfaction for victims who seek validation in the criminal justice system. Victims are persons with rights and privileges. Crimes constitute violations of their rights as well as acts against society or the state. While human rights instruments, such as the Universal Declaration of Human Rights, do not mention crime victims specifically, a number of rights are identified, which can be viewed from the victim’s perspective. As individuals with dignity, victims have the right to recognition as persons before the law. However, such rights are only meaningful if they can be enforced.

Accessing indigenous land rights through claims in Taroko Area, Eastern Taiwan

OpenAIRE

Lo, Yung-Ching

2013-01-01

The thesis explores how indigenous people access land rights through claims. Land claims happens on the encounters between different regimes of property. The authors found indigenous people have many ways to express their land claims since Japanese time. There are individual claims on lands like reservation land that suggests individualism among indigenous communities. There are collective claims on autonomy, co-management of river resources and development projects. Various mapping activitie...

Rights Education: An Exploratory Analysis of What Students Know about Their Rights

Science.gov (United States)

Vissing, Yvonnne; Moore-Vissing, Quixada

2016-01-01

Human Rights Education (HRE) is a mandate in both the Universal Declaration of Human Rights and the United Nations Convention on the Rights of the Child. Globally, children may be learning about their rights, and the rights of others, in schools from preschool through college. HRE is not universally or systematically implemented. How much do…

Giant right atrial aneurysm presenting as right heart failure

Directory of Open Access Journals (Sweden)

V.S. Narain

2012-03-01

Full Text Available Idiopathic aneurysmal dilatations of the right atrium are rare anomalies. We report one such case of a young man presenting with fatigue, abdominal distension, pedal oedema, unremarkable cardiac examination except for raised jugular venous pressure, an electrocardiogram showing normal sinus rhythm with right bundle-branch block, and an radiograph of the chest showing cardiomegaly. The echocardiographic examination revealed a giant right atrium with low pressure tricuspid regurgitation. The computed tomography confirmed the findings of two-dimensional echocardiography. He was put on medical treatment and remained symptomatically controlled on follow-up.

Absent right common carotid artery associated with aberrant right subclavian artery.

Science.gov (United States)

Uchino, Akira; Uwabe, Kazuhiko; Osawa, Iichiro

2018-06-01

Rarely, the external and internal carotid arteries arise separately from the brachiocephalic trunk and right subclavian artery (SA) or the aortic arch and reflect the absence of a common carotid artery (CCA). We report a 45-year-old man with absent right CCA associated with aberrant right SA, an extremely rare combination, diagnosed by computed tomography (CT) angiography during follow-up for postoperative aortic dissection. Retrospective careful observation of preoperative postcontrast CT revealed the absent right CCA. Previously reported arch variations associated with absent CCA include cervical aortic arch, double aortic arch, and right aortic arch.

Women's Rights, Human Rights, and Duties: From Domination to Partnership

Directory of Open Access Journals (Sweden)

Lester R. Kurtz

2017-03-01

Full Text Available The idea of women's rights as human rights can facilitate our identifying the causes, consequences, and potential remedies for the current quagmire in which we find themselves, but it needs some reformulation. To the traditional understandings of human rights, I add four conceptual tools: (1 Mahatma Gandhi’s idea of the counterparts of rights and duties, (2 Eisler’s concept of partnership (as opposed to dominator societies, (3 Johan Galtung’s expansion of our conception of violence to include its structural and cultural forms, and, finally, (4 the literature on nonviolence as a path to mobilization and transformation that resists existing social structures and builds new ones.

INTELLECTUAL PROPERTY LAW IN INDONESIA AFTER 2001

Directory of Open Access Journals (Sweden)

Valerie Selvie Sinaga

2013-04-01

Full Text Available This paper reviews the major changes of intellectual property condition in Indonesia after 2001. In that year, Indonesia, which has become a member of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS since 1994, was ready to meet its commitment under TRIPS. To do so, Indonesiahas made changes in the areas of legislation, administration, court proceedings, and law enforcement. The paper also discusses problematic issues surrounded the implementation of such changes in Indonesia. Tulisan ini melihat kembali perubahan-perubahan besar dalam bidang hak kekayaan intelektual di Indonesia setelah tahun 2001. Pada tahun tersebut, Indonesia, yang telah menjadi anggota Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS sejak 1994, siap untuk memenuhi komitmennya dalam TRIPS. Untuk memenuhi komitmen tersebut, Indonesia telah membuat perubahan-perubahan dalam bidang legislatif, administratif, tata cara pengadilan dan penegakan hukum. Tulisan ini juga membahas permasalahan di seputar pelaksanaan perubahan-perubahan tersebut.

Magnetic and cytotoxic properties of hot-filament chemical vapour deposited diamond

Energy Technology Data Exchange (ETDEWEB)

Zanin, Hudson, E-mail: hudsonzanin@gmail.com [Faculdade de Engenharia Eletrica e Computacao, Departamento de Semicondutores, Instrumentos e Fotonica, Universidade Estadual de Campinas, UNICAMP, Av. Albert Einstein N.400, CEP 13 083-852 Campinas, Sao Paulo (Brazil); Peterlevitz, Alfredo Carlos; Ceragioli, Helder Jose [Faculdade de Engenharia Eletrica e Computacao, Departamento de Semicondutores, Instrumentos e Fotonica, Universidade Estadual de Campinas, UNICAMP, Av. Albert Einstein N.400, CEP 13 083-852 Campinas, Sao Paulo (Brazil); Rodrigues, Ana Amelia; Belangero, William Dias [Laboratorio de Biomateriais em Ortopedia, Faculdade de Ciencias Medicas, Universidade Estadual de Campinas, Rua Cinco de Junho 350 CEP 13083970, Campinas, Sao Paulo (Brazil); Baranauskas, Vitor [Faculdade de Engenharia Eletrica e Computacao, Departamento de Semicondutores, Instrumentos e Fotonica, Universidade Estadual de Campinas, UNICAMP, Av. Albert Einstein N.400, CEP 13 083-852 Campinas, Sao Paulo (Brazil)

2012-12-01

Microcrystalline (MCD) and nanocrystalline (NCD) magnetic diamond samples were produced by hot-filament chemical vapour deposition (HFCVD) on AISI 316 substrates. Energy Dispersive X-ray Spectroscopy (EDS) measurements indicated the presence of Fe, Cr and Ni in the MCD and NCD samples, and all samples showed similar magnetisation properties. Cell viability tests were realised using Vero cells, a type of fibroblastic cell line. Polystyrene was used as a negative control for toxicity (NCT). The cells were cultured under standard cell culture conditions. The proliferation indicated that these magnetic diamond samples were not cytotoxic. - Highlights: Black-Right-Pointing-Pointer Polycrystalline diamonds doped with Fe, Cr and Ni acquire ferromagnetic properties. Black-Right-Pointing-Pointer CVD diamonds have been prepared with magnetic and semiconductor properties. Black-Right-Pointing-Pointer Micro/nanocrystalline diamonds show good cell viability with fibroblast proliferation.

Right psoas abscess following right flank trauma: a case report ...

African Journals Online (AJOL)

This is a case of 15 year old boy who presented with three weeks history of right flank pain, two weeks history of fever and five days history of inability to walk well. There was history of right flank trauma a week before the onset of right flank pain. He had earlier presented in two different hospitals before he was brought to our ...

Involuntary transfer of Intellectual property

Directory of Open Access Journals (Sweden)

Saeed habiba

2011-07-01

Full Text Available IPR owners have a right about voluntary transfer but sometimes Intellectual property right transfer by force and thus, there are challenge that this article regard for its. IPR shall be devolved to their legitimate heirs after their death unless, owner indicate otherwise in their wills. The heirs have the exclusive right to exercise economic and moral rights, they decide upon publication of the work and in general do every exploitation. But, they shall exercise The decisive manner that IPR of holder intended before his death. On other hand, IPR may be liable to seizure or IPR have been used in mortgage loan. Thus they can be transfer to new person.Here, we regard to Involuntary transfer.This article highlight subject of involuntary transfer and analysis on aspects

Evolution of Intellectual Property Protection in Post-Mao China: Law and Enforcement

NARCIS (Netherlands)

W. Liu (Wenqi)

2014-01-01

markdownabstract__Abstract__ In modern society, knowledge and information have become the most important resources. Knowledge and information bring dramatic changes and create great wealth for our society. Intellectual property (IP) rights, exclusive rights granted to right holders, are

Accommodating the Right to Development in Kosovo: A Human Rights Perspective

OpenAIRE

Remzije Istrefi

2017-01-01

The right to development is the right of individuals and peoples to an enabling environment for development that is equitable, sustainable, and participatory and in accordance with the full range of human rights and fundamental freedoms. A wide range of international law on development exists, and numerous Declarations and Programs of Action from the UN World Conferences have been proclaimed. Nevertheless, due to its nature and its legal status the right to development continues t...

Property and Human Genetic Information

DEFF Research Database (Denmark)

Nielsen, Morten Ebbe Juul; Kongsholm, Nana Cecilie Halmsted; Schovsbo, Jens Hemmingsen

2018-01-01

Do donors (of samples from which genetic information is derived) have some sort of pre-legal (moral) or legal property right to that information? In this paper, we address this question from both a moral philosophical and a legal point of view. We argue that philosophical theories about property do...... innovation in society. A balancing of interest must take place and we have to make sure that patent protection serves general societal interests and not just those of special interest groups be that inventors or donors....

ZnS-Graphene nanocomposite: Synthesis, characterization and optical properties

Energy Technology Data Exchange (ETDEWEB)

Pan Shugang [Key Laboratory for Soft Chemistry and Functional Materials, Nanjing University of Science and Technology, Ministry of Education, Nanjing 210094 (China); Liu Xiaoheng, E-mail: xhliu@mail.njust.edu.cn [Key Laboratory for Soft Chemistry and Functional Materials, Nanjing University of Science and Technology, Ministry of Education, Nanjing 210094 (China)

2012-07-15

A ZnS-Graphene nanocomposite was prepared by a facile one-step hydrothermal method using zinc nitrate hexahydrate, ethylenediamine and carbon disulfide as precursors, graphene oxide as a template. The composite was characterized by X-ray power diffraction, X-ray photoelectron spectroscopy, transmission electron microscopy, Fourier transform infrared, Raman spectra and fluorescence spectroscopy. The results show that graphene oxide was reduced to graphene in the hydrothermal reaction process. Simultaneously, the graphene sheets in the composite are exfoliated and decorated with ZnS nanoparticles. Furthermore, Raman and fluorescence properties of the composite were observed. ZnS-Graphene nanocomposite displays surface-enhanced Raman scattering activity for graphene oxide, and fluorescence enhancement property compared with pure ZnS sample. - Graphical abstract: Approach of reaction makes the reduction of grapheme oxide and the deposition of Zns on the grapheme sheets occur simultaneously and overcomes the aggregation of the grapheme sheets and Zns. Highlights: Black-Right-Pointing-Pointer Graphene oxide is reduced to graphene in the hydrothermal reaction process. Black-Right-Pointing-Pointer ZnS nanoparticles are attached onto the almost transparent graphene sheets. Black-Right-Pointing-Pointer ZnS-Graphene system shows surface-enhanced Raman scattering (SERS) activity. Black-Right-Pointing-Pointer ZnS-Graphene system displays relatively better fluorescence property than pure ZnS.

Fatigue properties of ductile cast iron containing chunky graphite

Energy Technology Data Exchange (ETDEWEB)

Ferro, P., E-mail: ferro@gest.unipd.it [Department of Management and Engineering, University of Padova, Stradella S. Nicola 3, I-36100 Vicenza (Italy); Lazzarin, P.; Berto, F. [Department of Management and Engineering, University of Padova, Stradella S. Nicola 3, I-36100 Vicenza (Italy)

2012-09-30

Highlights: Black-Right-Pointing-Pointer Experimental determination of high cycle fatigue properties of EN-GJS-400. Black-Right-Pointing-Pointer Evaluation of the influence of chunky graphite morphology on fatigue life. Black-Right-Pointing-Pointer Metallurgical analysis and microstructural parameters determination. Black-Right-Pointing-Pointer Nodule counting and nodularity rating. - Abstract: This work deals with experimental determination of high cycle fatigue properties of EN-GJS-400 ductile cast iron containing chunky graphite. Constant amplitude axial tests were performed at room temperature under a nominal load ratio R = 0. In order to evaluate the influence of chunky graphite morphology on fatigue life, fatigue tests were carried out also on a second set of specimens without this microstructural defect. All samples were taken from the core of a large casting component. Metallurgical analyses were performed on all the samples and some important microstructural parameters (nodule count and nodularity rating, among others) were measured and compared. It was found that a mean content of 40% of chunky graphite in the microstructure (with respect to total graphite content) does not influence significantly the fatigue strength properties of the analysed cast iron. Such result was attributed to the presence of microporosity detected on the surface fracture of the specimens by means of electron scanning microscope.

The political approach of animal rights from the perspective of the rights theory

Directory of Open Access Journals (Sweden)

José Luis Rey Pérez

2017-06-01

Full Text Available Traditionally, discussions about animal rights have focused on defending, in different ways, abolitionist or regulatory approaches. Recently, there has been a political change in the way of understanding these rights, which fits better a legal approach that considers that rights –in addition to having a moral dimension- are also effectiveness-oriented legal institutions. This leads to considering that the range of animal rights must be extended to rights linked to the condition of citizenship, such as social rights and particularly the right to healthcare and labour rights.

Consumer Benefits of Today's Digital Rights Management (DRM) Solutions. Hearing before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary. House of Representatives, One Hundred Seventh Congress, Second Session (June 5, 2002).

Science.gov (United States)

Congress of the U.S., Washington, DC. House Committee on the Judiciary.

The Subcommittee on Courts, the Internet, and Intellectual Property, Committee on the Judiciary met, pursuant to call, at 2:15 p.m., in Room 2141, Rayburn House Office Building, to review the consumer benefits of today's digital rights management (DRM) solutions. The Honorable Howard Coble, a Representative in Congress from North Carolina and…

Are drug companies living up to their human rights responsibilities? The Merck perspective.

Directory of Open Access Journals (Sweden)

Geralyn S Ritter

2010-09-01

Full Text Available BACKGROUND TO THE DEBATE: The human rights responsibilities of drug companies have been considered for years by nongovernmental organizations, but were most sharply defined in a report by the UN Special Rapporteur on the right to health, submitted to the United Nations General Assembly in August 2008. The "Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines" include responsibilities for transparency, management, monitoring and accountability, pricing, and ethical marketing, and against lobbying for more protection in intellectual property laws, applying for patents for trivial modifications of existing medicines, inappropriate drug promotion, and excessive pricing. Two years after the release of the Guidelines, the PLoS Medicine Debate asks whether drug companies are living up to their human rights responsibilities. Sofia Gruskin and Zyde Raad from the Harvard School of Public Health say more assessment is needed of such responsibilities; Geralyn Ritter, Vice President of Global Public Policy and Corporate Responsibility at Merck & Co. argues that multiple stakeholders could do more to help States deliver the right to health; and Paul Hunt and Rajat Khosla introduce Mr. Hunt's work as the UN Special Rapporteur on the right to the highest attainable standard of health, regarding the human rights responsibilities of pharmaceutical companies and access to medicines.

Are drug companies living up to their human rights responsibilities? Moving toward assessment.

Science.gov (United States)

Gruskin, Sofia; Raad, Zyde

2010-09-28

The human rights responsibilities of drug companies have been considered for years by nongovernmental organizations, but were most sharply defined in a report by the UN Special Rapporteur on the right to health, submitted to the United Nations General Assembly in August 2008. The "Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines" include responsibilities for transparency, management, monitoring and accountability, pricing, and ethical marketing, and against lobbying for more protection in intellectual property laws, applying for patents for trivial modifications of existing medicines, inappropriate drug promotion, and excessive pricing. Two years after the release of the Guidelines, the PLoS Medicine Debate asks whether drug companies are living up to their human rights responsibilities. Sofia Gruskin and Zyde Raad from the Harvard School of Public Health say more assessment is needed of such responsibilities; Geralyn Ritter, Vice President of Global Public Policy and Corporate Responsibility at Merck & Co. argues that multiple stakeholders could do more to help States deliver the right to health; and Paul Hunt and Rajat Khosla introduce Mr. Hunt's work as the UN Special Rapporteur on the right to the highest attainable standard of health, regarding the human rights responsibilities of pharmaceutical companies and access to medicines.

Are drug companies living up to their human rights responsibilities? The Merck perspective.

Science.gov (United States)

Ritter, Geralyn S

2010-09-28

The human rights responsibilities of drug companies have been considered for years by nongovernmental organizations, but were most sharply defined in a report by the UN Special Rapporteur on the right to health, submitted to the United Nations General Assembly in August 2008. The "Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines" include responsibilities for transparency, management, monitoring and accountability, pricing, and ethical marketing, and against lobbying for more protection in intellectual property laws, applying for patents for trivial modifications of existing medicines, inappropriate drug promotion, and excessive pricing. Two years after the release of the Guidelines, the PLoS Medicine Debate asks whether drug companies are living up to their human rights responsibilities. Sofia Gruskin and Zyde Raad from the Harvard School of Public Health say more assessment is needed of such responsibilities; Geralyn Ritter, Vice President of Global Public Policy and Corporate Responsibility at Merck & Co. argues that multiple stakeholders could do more to help States deliver the right to health; and Paul Hunt and Rajat Khosla introduce Mr. Hunt's work as the UN Special Rapporteur on the right to the highest attainable standard of health, regarding the human rights responsibilities of pharmaceutical companies and access to medicines.

RESPECTING CHILDREN’S RIGHTS THROUGH THE INSTITUTION OF MINORS PROTECTION BY PARENTS

Directory of Open Access Journals (Sweden)

Mădălina TOMESCU

2014-05-01

Full Text Available Every society hopes and expects that the younger generation, meaning children, grow and become capable and responsible citizens that contribute to the welfare of the community. However in the whole world, children are denied the most elementary rights of normal development, active participation and even the survival. Therefore, both at international level and national level have been taken measures to respect children's rights and thus to protect them. Parental care is the care of the juvenile legal means consisting of all rights and duties relating to both person and property belonging of the child by both parents equally. The exercise of parental care is performed under control of the state, represented by the guardianship court. On how to exercise parental care usually is an accomplished both parents jointly and equally. But there are certain situations where it is not possible to apply this rule, given that one of the parents is impossible to exercise their rights and duties incumbent. In these cases exception is exercising parental care by one of the parents.

Using Private Rights to Manage Natural Resources: Is Stewardship Linked to Ownership?

Directory of Open Access Journals (Sweden)

Patrick W. Gilmour

2012-09-01

Full Text Available There is increasing interest in privatizing natural resource systems to promote sustainability and conservation goals. Though economic theory suggests owners of private property rights have an incentive to act as resource stewards, few studies have tested this empirically. This paper asks whether private rights-owners were more conservative with respect to their management opinions than nonrights-owners in five Australian abalone (Haliotis spp. fisheries. Multiple regression analyses were used to link opinions to demographic, economic, and attitudinal variables. In contrast to standard economic assumptions, nonrights-owners suggested more conservative catch limits than did rights-owners, confirming qualitative observations of behavior in management workshops. Differing views about the condition of the resource and differing levels of experience contributed to these results. The first of its kind, this study directly demonstrates that private rights do not necessarily promote the greatest level of stewardship. This has substantial implications for how natural resources are governed globally, but also warns against applying simplistic behavioral assumptions to complex social-ecological systems.

26 CFR 20.2207A-1 - Right of recovery of estate taxes in the case of certain marital deduction property.

Science.gov (United States)

2010-04-01

... exercise right of recovery. Failure of an estate to exercise a right of recovery under this section upon a... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Right of recovery of estate taxes in the case... REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) ESTATE AND GIFT TAXES ESTATE TAX; ESTATES OF...

Magnetic properties of elliptical and stadium-shaped nanoparticles: Effect of the shape anisotropy

Energy Technology Data Exchange (ETDEWEB)

Corona, R.M. [Departamento de Fisica, Universidad de Santiago de Chile (USACH), Avda. Ecuador 3493, 917-0124 Santiago (Chile); Altbir, D. [Departamento de Fisica, Universidad de Santiago de Chile (USACH), Avda. Ecuador 3493, 917-0124 Santiago (Chile); Center for the Development of Nanoscience and Nanotechnology (CEDENNA), Avda. Ecuador 3493, 917-0124 Santiago (Chile); Escrig, J., E-mail: jescrigm@gmail.com [Departamento de Fisica, Universidad de Santiago de Chile (USACH), Avda. Ecuador 3493, 917-0124 Santiago (Chile); Center for the Development of Nanoscience and Nanotechnology (CEDENNA), Avda. Ecuador 3493, 917-0124 Santiago (Chile)

2012-11-15

Elliptical and stadium-shaped nanoparticles as a function of their geometry have been investigated using numerical simulations. The effect of the shape anisotropy of the particles on coercivity and remanence together with the angular dependence of the remanence and coercivity are addressed. Our results demonstrate that the stadium-shaped particles have many of the outstanding properties of elliptical particles, but also have unique properties, such that the coercivity and remanence remain stable for a wide range of geometry parameters, and exhibit a peculiar angular dependence in the coercivity. These properties suggest that they can be useful for applications in the area of magnetic recording systems. - Highlights: Black-Right-Pointing-Pointer Coercivity and remanence are strongly affected by the shape anisotropy of the particles. Black-Right-Pointing-Pointer Coercivities for ellipses are nearly three times the obtained for stadium-shaped particles. Black-Right-Pointing-Pointer Elliptical particles with {delta}{<=}0.6, the hystereses resemble the square loops of wires. Black-Right-Pointing-Pointer An anhisteretic behavior appears for {theta}=90 Degree-Sign for elliptical particles, which do not appear in stadium-shaped particles. Black-Right-Pointing-Pointer Stadium-shaped particles have unique properties that allow us to suggest them for applications.

Specific prisoners' rights and their obligations as forms of human rights restrictions

Directory of Open Access Journals (Sweden)

В. О. Човган

2014-12-01

Full Text Available This article examines such forms of restrictions on rights of prisoners as an obligation and a specific subjective right. Examples of how these forms of restrictions may appear in legislation are disclosed. It is shown that obligations of prisoners should be always considered as restriction of prisoners' rights. The cases in which a specific right can be recognized as a form of restriction on rights of prisoners are described.

78 FR 68780 - Treatment of Income From Indian Fishing Rights-Related Activity as Compensation

Science.gov (United States)

2013-11-15

... fishing activities is exempt from taxation. See H.R. Rep. 100-1104, at p. 77 (1988). Congress added... harvesting, processing, or transporting fish harvested in the exercise of a recognized fishing right of the... from the exercise of nonstatutory options and amounts realized when restricted stock or other property...

Recourse right

International Nuclear Information System (INIS)

Lopes, M.R.M.

1979-01-01

The recourse right concerning nuclear power plants is analysed. It is emphasized that in the Brazilian civil liability legislation, the operator has this right against who admitted it through a written contract or against the individual who has acted or omitted to act whith the intent to provoke nuclear incidents. (A.L.S.L.) [pt

The human right to science: An old right with a great future

Directory of Open Access Journals (Sweden)

Mikel Mancisidor

2017-07-01

Full Text Available When we talk about the human right to science, many may think that we are speaking about a new right, recently created to face the challenges that science and technology generate in our society of the 21st century. However, the right to science is already enshrined in the Universal Declaration of Human Rights (1948 and in the International Covenant on Economic, Social and Cultural Rights (1966. We can find it even earlier in the inter-American regional system, particularly, in the Charter of the Organization of American States (1948 and in the American Declaration of the Rights and Duties of Man (1948. Few know that, in fact, the Latin American countries in general and Chile in particular played a crucial role in the universal recognition of this right. The first part of the article explains the history of the right to science and its international legal recognition. In a second chapter, we will study its current institutional situation within the United Nations and, finally, in the third chapter, we will analyze the characteristics of this right, its normative content, elements and type of obligations that it creates.

‘Gay Rights are Human Rights: The framing of new interpretations of international human rights norms’

NARCIS (Netherlands)

Holzhacker, Ron

The purpose of this chapter is to explore the development of the framing of the rights of lesbian, gay, bisexual, and transgender (LGBT) persons and sexual orientation and gender identity in terms of a human rights paradigm. This decades-long process involved many actors, from within academia, gay

‘Gay Rights are Human Rights: The framing of new interpretations of international human rights norms’

NARCIS (Netherlands)

Holzhacker, Ron

2014-01-01

The purpose of this chapter is to explore the development of the framing of the rights of lesbian, gay, bisexual, and transgender (LGBT) persons and sexual orientation and gender identity in terms of a human rights paradigm. This decades-long process involved many actors, from within academia, gay

Property regime concerning genetic resources and traditional knowledge

Directory of Open Access Journals (Sweden)

Gabriel R. Nemogá Soto

2001-01-01

Full Text Available This article provides an historical account of the changes that have taken place regarding ownership, control and access over genetic resources. Once considered the common heritage of humanity, rights over genetic resources, it is argued, have undergone radical transformations. The global legal framework regarding genetic resources has shifted to legitimize and promote their appropriation and monopolization. This transformation embraced the expansion of intellectual property rights over genetic material and information, including living organisms, through the World Trade Organization´s Trade Related Aspects of Intellectual Property (TRIPs. This was coupled by the adoption of the United Nations Convention on Biological Diversity, which recognizes sovereign rights of the countries of origin over their genetic resources and, at the same time, obligates them to permit access to those resources. The Colombian Constitution of 1991 and unparalleled judicial decisions during the last decade reaffirmed sovereign rights over genetic resources in Colombia. Conversely, the genetic resources and the traditional knowledge of Indigenous peoples and local communities continue to be freely accessible resources within the current Colombian legal framework.

Industrial Property in the Commercialization of Innovations

Directory of Open Access Journals (Sweden)

Demyanchuk, G.

2014-09-01

Full Text Available The analysis of the investigations on creation of industrial property rights, the reasons which constrained their development and their role in the commercialization of innovation are presented.

The rights of shareholders – basic principle of corporate governance by means of case-specific jurisprudence

Directory of Open Access Journals (Sweden)

Adrian Doru BÎGIOI

2016-04-01

Full Text Available Respecting shareholders’ rights represents one of the fundamental principles of corporate governance, underpinning the establishment of economic entities, as a form of association of individuals and / or legal entities in order to carry out profit-oriented activities. However, there are situations in which the management, the other shareholders, or even the authorities, do not respect certain shareholders’ rights, leading to a number of negative effects, such as the closing of companies. Based on these considerations, in this paper, we set as research objective to analyze the circumstances, which may affect shareholders’ rights. To meet the research objectives, we analyzed the case-specific jurisprudence published by the courts of law till 31st of December 2015. The results of the study show that the shareholders’ rights, which are not respected, include: the property right, the right to receive dividends, the right to participate and vote in the general assemblies of shareholders, the right to be elected in the governing bodies, and not the least, the most important one in accounting terms, the right to be informed.

76 FR 27377 - Additional Identifying Information Associated With Persons Whose Property and Interests in...

Science.gov (United States)

2011-05-11

... 13572 of April 29, 2011, ``Blocking Property of Certain Persons With Respect to Human Rights Abuses in... 29, 2011, ``Blocking Property of Certain Persons with Respect to Human Rights Abuses in Syria... Emergency Economic Powers Act (50 U.S.C. 1701-06). In the Order, the President expanded the scope of the...

Biaxial Properties of the Left and Right Pulmonary Arteries in a Monocrotaline Rat Animal Model of Pulmonary Arterial Hypertension.

Science.gov (United States)

Pursell, Erica R; Vélez-Rendón, Daniela; Valdez-Jasso, Daniela

2016-11-01

In a monocrotaline (MCT) induced-pulmonary arterial hypertension (PAH) rat animal model, the dynamic stress-strain relation was investigated in the circumferential and axial directions using a linear elastic response model within the quasi-linear viscoelasticity theory framework. Right and left pulmonary arterial segments (RPA and LPA) were mechanically tested in a tubular biaxial device at the early stage (1 week post-MCT treatment) and at the advanced stage of the disease (4 weeks post-MCT treatment). The vessels were tested circumferentially at the in vivo axial length with matching in vivo measured pressure ranges. Subsequently, the vessels were tested axially at the mean pulmonary arterial pressure by stretching them from in vivo plus 5% of their length. Parameter estimation showed that the LPA and RPA remodel at different rates: axially, both vessels decreased in Young's modulus at the early stage of the disease, and increased at the advanced disease stage. Circumferentially, the Young's modulus increased in advanced PAH, but it was only significant in the RPA. The damping properties also changed in PAH; in the LPA relaxation times decreased continuously as the disease progressed, while in the RPA they initially increased and then decreased. Our modeling efforts were corroborated by the restructuring organization of the fibers imaged under multiphoton microscopy, where the collagen fibers become strongly aligned to the 45 deg angle in the RPA from an uncrimped and randomly organized state. Additionally, collagen content increased almost 10% in the RPA from the placebo to advanced PAH.

Simultaneous Hydatid Cysts of Both the Right Atrium and Right Ventricle

Directory of Open Access Journals (Sweden)

Caner Arslan

2007-01-01

Full Text Available Hydatid disease in both chambers of the heart is very rare. Mobile right atrial and right ventricular hydatid cysts were diagnosed incidentally in the etiologic work up for a transient ischemic attack in a 77-year-old man with a history of a hepatic hydatid cyst operation. Transthoracic echocardiography was very successful in the diagnosis of both hydatid cysts. Transesophagial echocardiography and computed tomography confirmed the diagnosis. Both right atrial and right ventricular hydatid cysts were removed under cardiopulmonary bypass to prevent morbidities and potentially fatal complications.

Severe atrophy of right hepatic lobe simulating right hepatic lobectomy

International Nuclear Information System (INIS)

Yeh, C.W.; Strashun, A.; Goldsmith, S.J.

1981-01-01

Absence of the right hepatic lobe following blunt abdominal trauma without surgical resection is reported. The usual site of the right hepatic lobe is demonstrated to be occupied by bowel by hepatobiliary imaging

The Discourse on Human Rights and the International Regime of Human Rights

Directory of Open Access Journals (Sweden)

Eyassu Gayim

2016-11-01

Full Text Available The international regime of human rights governs the kinds of freedoms, liberties, benefits, autonomy and protection which human beings are entitled to, what kind of obligations we have in this connection and what the roles of states are in recognizing and protecting these rights. Yet, the sources, foundation and justifications for these rights and who we are by nature to deserve some rights has been contentious over the centuries, not least because we live in social context, which requires balancing rights by meeting the broader community interests: political order, stability, and satisfying the general welfare. This paper re-visits the major contentious positions in the discourse on human rights for purposes of explaining how the international community has navigated when shaping the contours of the international regime of human rights. Has this regime endorsed, rejected or avoided some of these positions? Does it follow a clear political ideology?

Right atrial and right ventricular ultrasound-guided biopsy technique in standing horses.

Science.gov (United States)

Decloedt, A; de Clercq, D; Ven, S; van der Vekens, N; Chiers, K; van Loon, G

2016-05-01

Endomyocardial biopsies could be a valuable tool in equine cardiology for diagnosing myocardial disease, which is probably underdiagnosed in horses because of lack of specific diagnostic measures and limitations of currently available diagnostic methods. To describe a technique for serial right atrial and right ventricular endomyocardial biopsy in standing horses using a percutaneous approach through the jugular vein. Prospective study. Biopsy was performed in 10 healthy standing horses sedated with detomidine, under continuous electrocardiography monitoring. A 10 cm (n = 6), 45 cm (n = 1) or 98 cm (n = 3) introducer sheath was inserted into the right jugular vein. Under echocardiographic guidance, a biopsy forceps was introduced through the sheath into the right ventricle and right atrium and endomyocardial biopsies were acquired. In all horses, 3 right ventricular biopsies were obtained from the right ventricular apex and 3 right atrial biopsies were obtained from the dorsal right atrial wall near the tuberculum intervenosum. The presence of myocardial tissue was confirmed by histology. All horses showed atrial and ventricular premature depolarisations associated with acquisition of the biopsies. In 9 horses, the arrhythmia disappeared after retraction of the forceps and introducer sheath. In one horse, ventricular premature depolarisations disappeared only after 8 h. No other complications were observed. Endomyocardial biopsy of the right atrium and right ventricle could be performed in standing horses using a percutaneous approach through the jugular vein and was not associated with complications other than temporary arrhythmias. This technique may be useful for research purposes or as a diagnostic tool, although further research is needed to establish the safety of the technique in clinical patients with myocardial disease. © 2015 EVJ Ltd.

From open-access to private property regimes: Strategic Interactions in the Snow Crab fishery

DEFF Research Database (Denmark)

Kourantidou, Melina; Kaiser, Brooks

between Norway and the EU regarding the property rights for sedentary resources. Acknowledging the invasive nature of the crab, which has largely been ignored by decision-makers so far, we analyze strategic interactions among Norwegian and EU players that accommodate for enforcement (or not) of property...... rights. The fishery in the Svalbard FPZ acts as a control at the invasion frontier that limits the spread further north and west. We consider the interactions between Norway and third-party countries at this frontier, by identifying their direct and indirect payoffs at stake. The decision of third......-party countries to fish and accept or reject the property rights enforcement by Norway affects payoffs to fishers, other stakeholders involved in the rights dispute, and more broadly distributed ecosystem values. Our focus on the invasion externality allows for explicitly considering the implications of Snow Crab...

Misconceptions about Human Rights and Women's Rights in Islam

Science.gov (United States)

Syed, Khalida Tanvir

2008-01-01

This paper aims to clarify three current misconceptions about the Islamic faith and issues of human rights and women's rights in the West. The first misconception is that Muslims are terrorists because they believe in Jihad. It is factually the case that Islamic teachings stress the value of peace and prosperity for all human beings. The second…

Double Outlet Right Ventricle

Science.gov (United States)

... Right Ventricle Menu Topics Topics FAQs Double Outlet Right Ventricle Double outlet right ventricle (DORV) is a rare form of congenital heart disease. En español Double outlet right ventricle (DORV) is a rare form of congenital ...

Sexual rights as human rights: a guide to authoritative sources and principles for applying human rights to sexuality and sexual health.

Science.gov (United States)

Miller, Alice M; Kismödi, Eszter; Cottingham, Jane; Gruskin, Sofia

2015-11-01

This Guide seeks to provide insight and resources to actors interested in the development of rights claims around sexuality and sexual health. After engaging with the vexed question of the scope of sexual rights, it explores the rules and principles governing the way in which human rights claims are developed and applied to sexuality and sexual health, and how that development is linked to law and made a matter of state obligation. This understanding is critical to policy and programming in sexual health and rights, as it supports calling on the relevant range of human rights, such as privacy, non-discrimination, health or other universally accepted human rights, as well as demanding the action of states under their international and national law obligations to support sexual health. Copyright © 2015 Elsevier Inc. All rights reserved.

HIPAA's Individual Right of Access to Genomic Data: Reconciling Safety and Civil Rights.

Science.gov (United States)

Evans, Barbara J

2018-01-04

In 2014, the United States granted individuals a right of access to their own laboratory test results, including genomic data. Many observers feel that this right is in tension with regulatory and bioethical standards designed to protect the safety of people who undergo genomic testing. This commentary attributes this tension to growing pains within an expanding federal regulatory program for genetic and genomic testing. The Genetic Information Nondiscrimination Act of 2008 expanded the regulatory agenda to encompass civil rights and consumer safety. The individual access right, as it applies to genomic data, is best understood as a civil-rights regulation. Competing regulatory objectives-safety and civil rights-were not successfully integrated during the initial rollout of genomic civil-rights regulations after 2008. Federal law clarifies how to prioritize safety and civil rights when the two come into conflict, although with careful policy design, the two need not collide. This commentary opens a dialog about possible solutions to advance safety and civil rights together. Copyright © 2017 American Society of Human Genetics. Published by Elsevier Inc. All rights reserved.

Intellectual property disclosure in standards development

NARCIS (Netherlands)

Bekkers, R.N.A.; Catalini, C.; Martinelli, A.; Simcoe, T.

2012-01-01

Firms often collaborate to produce inter-operability standards so that independently designed products can work together. When this process takes place in a Standard Setting Organization (SSO), participants are typically required to disclose any intellectual property rights (IP) that would be

Bridging international law and rights-based litigation: mapping health-related rights through the development of the Global Health and Human Rights Database.

Science.gov (United States)

Meier, Benjamin Mason; Cabrera, Oscar A; Ayala, Ana; Gostin, Lawrence O

2012-06-15

The O'Neill Institute for National and Global Health Law at Georgetown University, the World Health Organization, and the Lawyers Collective have come together to develop a searchable Global Health and Human Rights Database that maps the intersection of health and human rights in judgments, international and regional instruments, and national constitutions. Where states long remained unaccountable for violations of health-related human rights, litigation has arisen as a central mechanism in an expanding movement to create rights-based accountability. Facilitated by the incorporation of international human rights standards in national law, this judicial enforcement has supported the implementation of rights-based claims, giving meaning to states' longstanding obligations to realize the highest attainable standard of health. Yet despite these advancements, there has been insufficient awareness of the international and domestic legal instruments enshrining health-related rights and little understanding of the scope and content of litigation upholding these rights. As this accountability movement evolves, the Global Health and Human Rights Database seeks to chart this burgeoning landscape of international instruments, national constitutions, and judgments for health-related rights. Employing international legal research to document and catalogue these three interconnected aspects of human rights for the public's health, the Database's categorization by human rights, health topics, and regional scope provides a comprehensive means of understanding health and human rights law. Through these categorizations, the Global Health and Human Rights Database serves as a basis for analogous legal reasoning across states to serve as precedents for future cases, for comparative legal analysis of similar health claims in different country contexts, and for empirical research to clarify the impact of human rights judgments on public health outcomes. Copyright © 2012 Meier, Nygren

Right-of-way management: A key to controlling the spread of cogograss (Imperata cylindrica)

Science.gov (United States)

W.H. Faircloth; M.G. Patterson; James H. Miller; D.H. Teem

2004-01-01

Cogongrass [Imperata cylindrica(L.) Beauv.] is an undesired species on highway rights-of-way (ROWS) due to its displacenent of native and/or more manageable grasses, unsightly growth characteristic, and propensity for fire. Fire not only poses a danger to motorists but could cause property loss to adjoining landowners. Most importantly, ROWS provide...

Patient's right to information under the New Zealand Code of Rights.

Science.gov (United States)

Mullen, Kyla

2015-09-01

The Code of Health and Disability Services Consumers' Rights includes right 6: the "Right to be Fully Informed". Analysis of the Health and Disability Commissioners' opinions between 2008 and 2013 that have discussed right 6 shows that the duties on providers have increased in a number of areas: the need to inform of risks, including provider-inherent risks; open disclosure of adverse events; ongoing need to inform consumers throughout the therapeutic relationship; information of all available options; and provision of sufficient time between disclosure of information and obtaining informed consent for provision of health services. Following a breach opinion, the Human Rights Review Tribunal and the Health Practitioners Competency Tribunal, on occasion, have the opportunity to consider the case but their role in law development is limited compared with that of the Commissioner. The limitations of law development in this manner are discussed.

Novel polymeric potassium complex: Its synthesis, structural characterization, photoluminescence and electrochemical properties

Energy Technology Data Exchange (ETDEWEB)

Ceyhan, Goekhan [Chemistry Department, K.Maras Suetcue Imam University, 46100 K.Maras (Turkey); Tuemer, Mehmet, E-mail: mtumer@ksu.edu.tr [Chemistry Department, K.Maras Suetcue Imam University, 46100 K.Maras (Turkey); Koese, Muhammet; McKee, Vickie [Chemistry Department, Loughborough University, LE11 3TU Leicestershire (United Kingdom)

2012-03-15

In this paper, we obtained a novel poly(vanillinato potassium) complex (PVP) as a single crystal and characterized by analytical and spectroscopic methods. A single crystal of the PVP was obtained from the acetone solution. X-ray structural data show that crystals contain polymeric K{sup +} complex of vanillin. Each potassium ion in the polymeric structure is identical and seven-coordinate, bonded to two methoxy, two phenoxy and three aldehyde oxygen atoms from four vaniline molecules. Two aldehyde oxygen atoms are bridging between potassium ions. It crystallizes in the monoclinic system, space group P2{sub 1}/c, with lattice parameters a=9.6215(10) A, b=17.4139(19) A, c=9.6119(10) A, {beta}=100.457(2) Degree-Sign and Z=4. Thermal properties of the PVP were investigated by TGA, DTA and DSC methods. The electrochemical properties of the complex were studied in different solvents and at various scan rates. The luminescence properties of the complex in different solvents and at different pH values have been investigated. The results show that the complex exhibits more efficient luminescence property in CH{sub 3}CN and n-butanol. - Highlights: Black-Right-Pointing-Pointer Novel polymeric potassium complex was prepared and fully characterized. Black-Right-Pointing-Pointer X-ray crystal structure of complex was reported. Black-Right-Pointing-Pointer Electrochemical properties of compound were investigated. Black-Right-Pointing-Pointer Thermal and DSC measurements of complex were examined.

Human rights of persons with mental disabilities. The European Convention of Human Rights.

Science.gov (United States)

Gostin, L O

2000-01-01

It is not necessary to recount the numerous charters and declarations ... to understand human rights.... All persons are born free and equal in dignity and rights. Everyone ... is entitled to all the rights and freedoms set forth in the international human rights instruments without discrimination, such as the rights to life, liberty, security of the person, privacy, health, education, work, social security, and to marry and found a family. Yet, violations of human rights are a reality to be found in every corner of the globe.

Rights, goals, and capabilities

NARCIS (Netherlands)

van Hees, M.V.B.P.M

This article analyses the relationship between rights and capabilities in order to get a better grasp of the kind of consequentialism that the capability theory represents. Capability rights have been defined as rights that have a capability as their object (rights to capabilities). Such a

History of an Issue – Property

OpenAIRE

Niadi-Corina CERNICA,

2012-01-01

Property becomes a issue of philosophy and political reflections owing to Platon`s “Republic”. In this dialogue, the military class of his political Utopia is obliged not to possess goods. So that the Republic is more important than their interests. For this reason the military class is obliged not to have family. The interest of Republic is more important than the individual interests. David Hume thinks the right comes from the property (the two concepts have developed correspondingly). P...

Bioethics and "Rightness".

Science.gov (United States)

Frank, Arthur W

2017-03-01

If bioethics seeks to affect what people do and don't do as they respond to the practical issues that confront them, then it is useful to take seriously people's sense of rightness. Rightness emerges from the fabric of a life-including the economy of its geography, the events of its times, its popular culture-to be what the sociologist Pierre Bourdieu calls a predisposition. It is the product of a way of life and presupposes continuing to live that way. Rightness is local and communal, holding in relationship those who share the same predisposing sense of how to experience. Rightness is an embodied way of evaluating what is known to matter and choosing among possible responses. Bioethics spends considerable time on what people should do and on the arguments that support recommended actions. It might spend more time on what shapes people's sense of the rightness of what they feel called to do. © 2017 The Hastings Center.

Image Right and Copyright Law in Europe: Divergences and Convergences

Directory of Open Access Journals (Sweden)

Tatiana Synodinou

2014-04-01

Full Text Available This paper analyses the multiplicity of image rights in Europe and the classical conflictual relationship between the right to one’s own image and copyright law. First, the paper analyses the main mechanisms of legal protection of a person’s image in selected jurisdictions, in both the civil law and the common law tradition. It is deduced that the civil law approach based on the right of privacy or the right of personality is expressed mainly either via a duality, reflecting the extra-patrimonial and the patrimonial attributes to one’s own image, or via the recognition of a single right with a dual nature. On the other hand, the protection granted to the right to one’s own image in the United Kingdom is piecemeal in nature, since it is based on a broad interpretation of the classic torts of breach of confidence and passing off, which fails to provide a coherent and effective legal framework for protecting the intangible asset of a person’s image, both in terms of its dignitary and its economic identity. After pinpointing the major differences in terms of protecting the right to one’s own image in Europe, the emphasis is placed on the relationship between image rights and copyright law. A classic approach considers image rights as an external limitation of copyright law, and therefore typifies the relationship between image rights and copyright law as being primarily conflictual in nature. Nonetheless, it is also possible to focus on the convergences between the right to one’s own image and copyright law, since both refer to intangible assets that combine both extra-patrimonial and patrimonial interests. In this respect, copyright law could serve as a model for the eventual creation of a European patrimonial right to one’s own image. While the idea of promoting the recognition or establishment of a new intellectual property right for protecting the economic attributes of a person’s image in EU Member States’ domestic

Infant circumcision: the last stand for the dead dogma of parental (sovereignal) rights.

Science.gov (United States)

Van Howe, Robert S

2013-07-01

J S Mill used the term 'dead dogma' to describe a belief that has gone unquestioned for so long and to such a degree that people have little idea why they accept it or why they continue to believe it. When wives and children were considered chattel, it made sense for the head of a household to have a 'sovereignal right' to do as he wished with his property. Now that women and children are considered to have the full complement of human rights and slavery has been abolished, it is no longer acceptable for someone to have a 'right' to completely control the life of another human being. Revealingly, parental rights tend to be invoked only when parents want to do something that is arguably not in their child's best interest. Infant male circumcision is a case in point. Instead of parental rights, I claim that parents have an obligation to protect their children's rights as well as to preserve the future options of those children so far as possible. In this essay, it is argued that the notion that parents have a right to make decisions concerning their children's bodies and minds-irrespective of the child's best interests-is a dead dogma. The ramifications of this argument for the circumcision debate are then spelled out and discussed.

Human Rights, History of

NARCIS (Netherlands)

de Baets, Antoon; Wright, James

2015-01-01

In this article, six basic debates about human rights are clarified from a historical perspective: the origin of human rights as moral rights connected to the natural law doctrine and opposed to positive rights; the wave of criticism of their abstract and absolute character by nineteenth-century

Resonant slepton production and right sneutrino dark matter in left-right supersymmetry

Science.gov (United States)

Frank, Mariana; Fuks, Benjamin; Huitu, Katri; Rai, Santosh Kumar; Waltari, Harri

2017-05-01

Right-handed sneutrinos are natural components of left-right symmetric supersymmetric models where the gauge sector is extended to include right-handed weak interactions. Unlike in other models where right-handed sneutrinos are gauge singlets, here the right sneutrino is part of a doublet and could be a dark matter candidate whose annihilation proceeds via gauge interactions. We investigate this possibility, and find that relic density, low-energy observable and direct supersymmetry search constraints can be satisfied when the lightest supersymmetric particle is a right-handed sneutrino. We introduce benchmarks for left-right supersymmetric realizations where either a sneutrino or a neutralino is the lightest superpartner. We then study the LHC signals arising through resonant right-handed slepton production via a W R gauge-boson exchange that lead to final states enriched in leptons, additionally containing a large amount of missing transverse momentum, and featuring a low jet multiplicity. We find that such a resonant production would boost the chances of discovering these weakly interacting supersymmetric particles for a mass range extending beyond 1 TeV already with a luminosity of 100 fb-1. Finally, we compare sneutrino versus neutralino scenarios, and comment on differences with other sneutrino dark matter models.

Resonant slepton production and right sneutrino dark matter in left-right supersymmetry

International Nuclear Information System (INIS)

Frank, Mariana; Fuks, Benjamin; Huitu, Katri; Rai, Santosh Kumar; Waltari, Harri

2017-01-01

Right-handed sneutrinos are natural components of left-right symmetric supersymmetric models where the gauge sector is extended to include right-handed weak interactions. Unlike in other models where right-handed sneutrinos are gauge singlets, here the right sneutrino is part of a doublet and could be a dark matter candidate whose annihilation proceeds via gauge interactions. We investigate this possibility, and find that relic density, low-energy observable and direct supersymmetry search constraints can be satisfied when the lightest supersymmetric particle is a right-handed sneutrino. We introduce benchmarks for left-right supersymmetric realizations where either a sneutrino or a neutralino is the lightest superpartner. We then study the LHC signals arising through resonant right-handed slepton production via a W R gauge-boson exchange that lead to final states enriched in leptons, additionally containing a large amount of missing transverse momentum, and featuring a low jet multiplicity. We find that such a resonant production would boost the chances of discovering these weakly interacting supersymmetric particles for a mass range extending beyond 1 TeV already with a luminosity of 100 fb −1 . Finally, we compare sneutrino versus neutralino scenarios, and comment on differences with other sneutrino dark matter models.