WorldWideScience

Sample records for property rights

  1. Property Rights and Finance

    OpenAIRE

    Simon Johnson; John McMillan; Christopher Woodruff

    2002-01-01

    Which is the tighter constraint on private sector investment: weak property rights or limited access to external finance? From a survey of new firms in post-communist countries, we find that weak property rights discourage firms from reinvesting their profits, even when bank loans are available. Where property rights are relatively strong, firms reinvest their profits; where they are relatively weak, entrepreneurs do not want to invest from retained earnings.

  2. Endogenous property rights

    NARCIS (Netherlands)

    Dari-Mattiacci, G.; Guerriero, C.

    2014-01-01

    Albeit the relevance of property rights is well known, their determinants are still poorly understood. When property is fully protected, some buyers with valuation higher than that of original owners are inefficiently excluded from trade due to transaction costs. When protection of property is weak,

  3. Intellectual Property Rights Management

    DEFF Research Database (Denmark)

    Alkærsig, Lars; Beukel, Karin; Reichstein, Toke

    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...

  4. The Forgotten Property Rights

    DEFF Research Database (Denmark)

    Markussen, Thomas; Tarp, Finn; Van Den Broeck, Katleen

    2011-01-01

    Studies of land property rights usually focus on tenure security and transfer rights. Rights to determine how to use the land are regularly ignored. However, user rights are often limited. Relying on a unique Vietnamese panel data set at both household and plot levels, we show that crop choice...... restrictions are widespread and prevent crop diversification. Restrictions do not decrease household income, but restricted households work harder, and there are indications that they are supplied with higher quality inputs. Our findings are consistent with the view that it is possible to intervene effectively...

  5. The Forgotten Property Rights

    DEFF Research Database (Denmark)

    Markussen, Thomas; Tarp, Finn; Van Den Broeck, Katleen

    Studies of land property rights usually focus on tenure security and transfer rights. Rights to determine how to use the land are regularly ignored. However, in transition economies such as Vietnam and China, user rights are often limited. Relying on a unique Vietnamese panel data set at both...... household and plot level, we show that crop choice restrictions are widespread and prevent crop diversification. Restrictions do not decrease household income, but restricted households work harder, and there are indications that they are supplied with higher quality inputs. Our findings are consistent...

  6. 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....

  7. Making and Breaking Property Rights

    DEFF Research Database (Denmark)

    Justesen, Mogens Kamp

    2015-01-01

    This paper analyzes why some governments protect property rights while others do not. Although institutional constraints may affect government incentives to protect property rights, the paper emphasizes that different political institutions have dissimilar effects. Coalition institutions that make...... governments accountable to large groups in society are particularly important, whereas division of powers between veto players is hypothesized to have more ambiguous effects on property rights. Empirical analyses of panel data support the proposition that coalition institutions matter for property-rights...

  8. Property rights institutions and investment

    OpenAIRE

    Saleh, Jahangir

    2004-01-01

    This paper examines the channels through which alternative property rights institutions affect investment. These institutions are defined by a society's enforced laws, regulations, governance mechanisms and norms concerning the use of resources. A transaction cost framework is used to analyze the incentive impact of various types of property rights, liability rules, and rules regarding con...

  9. Property rights, productivity and common property resources

    DEFF Research Database (Denmark)

    Markussen, Thomas

    2008-01-01

    This paper uses data from the 2003/04 Cambodia Household Socioeconomic Survey to investigate the effects of property rights to land. Plots held with a paper documenting ownership in rural Cambodia are found to have higher productivity and land values than other plots, while property rights have...

  10. Debates on Intellectual Property Rights

    Directory of Open Access Journals (Sweden)

    Paula – Angela VIDRAŞCU

    2014-09-01

    Full Text Available This paper supports the understanding of the definition of intellectual property rights and strong connection with intangible assets and, on the other hand, provides a brief presentation of the organizations supporting the protection of such rights. The essential aim of this article is represented by the detailed information obtained as a result of research carried out in order to define, identify and study the application of IPR in general and especially in our country. At the end of the paper I mentioned what involves protecting intellectual property rights and brought little concerned how our country is perceived to protect such rights. Most often, intellectual property is defined as a formal document of title, like a lease, which means that the property is a legal concept distinct from real property that are actually good without concrete material form. Constitute a special category of assets being perceived as an original creation, derived from creative ideas; has or may have a commercial value due to its contribution to earnings for its owner. The need for protection of intellectual property rights has emerged because of the changes in the contemporary society. The aim and purpose of which is to protect human intelligence product and, at the same time, ensuring that consumers benefit from the use of the attributes of this product. Always remember that the violation of intellectual property rights, causes injury to major economic, signifying a strong threat to the consumers health and safety.

  11. Property Rights, Finance, and Entrepreneurship

    OpenAIRE

    Simon Johnson; John McMillan; Christopher Woodruff

    1999-01-01

    Is investment constrained more by insecure property rights or by limited external finance? For five transition economies in Eastern Europe and the former Soviet Union we find that weak property rights limit the reinvestment of profits in startup ma nufacturing firms. Access to credit does not appear to explain differences in investment. At least in the early stages of post-communist reform, retained earnings appear to have been enough to finance the investments that managers wanted to make.

  12. Intellectual property rights in nanotechnology

    International Nuclear Information System (INIS)

    Bastani, Behfar; Fernandez, Dennis

    2002-01-01

    Intellectual property (IP) rights are essential in today's technology-driven age. Building a strategic IP portfolio is economically important from both an offensive and defensive standpoint. After an introduction to intellectual property rights and acquisitions, we provide an overview of current efforts in nanotechnology. Research into nano-scale materials and devices and requirements for their efficient mass production are outlined, with focus on the applicable IP rights and strategies. We present current and future applications of nanotechnology to such fields as electronics, sensors, aerospace, medicine, environment and sanitation, together with the IP rights that can be brought to bear in each. Finally, some challenging issues surrounding the acquisition of intellectual property rights in nanotechnology are presented

  13. 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...

  14. Fiduciary transfer of property rights

    Directory of Open Access Journals (Sweden)

    Đurđić Tamara

    2011-01-01

    Full Text Available Fiduciary transfer of property rights for the purpose of loan security represents the non-possessory form of collateral, which experiences renaissance in the comparative law. It is a complex legal institute, which is subject to numerous concerns and can be viewed from different perspectives, due to the large number of its specific features - non typical for the Continental European legal systems. The paper discusses disputed issues related to defining the causa, as well as the legal grounds, for fiduciary transfer of property rights, its legal nature and the justification thereof. Aiming at more adequate understanding of this complex Property Law institute and finding satisfactory answers to some of the disputed issues the legal theory has opened, the author analyses provisions of current legislation in Montenegro, which was the first country in the Region to regulate this non-possessory form of collateral.

  15. A philosophical approach to intellectual property rights

    DEFF Research Database (Denmark)

    Petersen, Lars Axel

    2000-01-01

    This paper investigates the legitimacy of intellectual property by focusing on three topical issues, viz., the question of indigenous cultural rights, of computer software intellectual rights, and of intellectual property rights to essential drugs. A scheme of different arguments for the legitimacy...... of private property rights is applied to these issues, and each of the arguments assessed....

  16. Mechanisms for development of property rights institutions

    Directory of Open Access Journals (Sweden)

    Žarković Jelena

    2006-01-01

    Full Text Available The institution of property rights is increasingly recognized as an essential building block of an economically prosperous society. The question that remains unsolved, however, is how do we develop effective property rights institutions? The literature dealing with the development of property rights tends to be, in general, an optimistic one since there is a tendency to view the design of property rights institutions as maximizing decisions to economize on transaction costs and to facilitate new economic activities. On the other hand, since property rights define the distribution of wealth and political power in a society, changes in property rights structures are likely to be influenced by more than pure efficiency considerations. Therefore, in order to achieve a balanced analysis of the evolution of property rights institutions, the model of endogenous property rights creation should be modified. We did that by introducing the neoinstitutional theory of the state in the model.

  17. Rents in property rights creation and implementation

    Directory of Open Access Journals (Sweden)

    Žarković Jelena

    2006-01-01

    Full Text Available The institution of property rights is increasingly being recognized as an essential building block of an economically prosperous society. The question that remains unanswered however, is how do we develop effective property rights institutions? The literature dealing with the development of property rights tends to be, in general, overly optimistic since there is a tendency to view the design of property rights institutions as optimizing decisions to economize on transaction costs and to facilitate new economic activities. On the other hand, since property rights define the distribution of wealth and political power in a society changes in property rights structures are likely to be influenced by more than pure efficiency considerations. Therefore, in order to achieve a balanced analysis of the evolution of property rights institutions our article introduces the state in the whole process. Following the propositions of the interest group theory of government we show an important relationship between rent seeking and state involvement in property rights creation. The state with a coercive power to establish and enforce property rights can also use that power, through the process of economic regulation, to redistribute property rights to politically influential interest groups. Herein lies the state failure in property rights creation.

  18. 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....

  19. 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.

  20. Coasian and Modern Property Rights Economics

    DEFF Research Database (Denmark)

    Foss, Kirsten; Foss, Nicolai

    2015-01-01

    Laying the foundations of property rights economics stands out among Ronald Coase's many seminal contributions. This approach had an impact on a number of fields in economics in, particularly, the 1960s and 1970s. The modern body of property rights economics mainly originates in the work Oliver...... Hart and is quite different in style, scope, and implications from the original property rights economics of Coase, Demsetz, Alchian, Cheung, Umbeck, Barzel, etc. Based on our earlier work on the subject (Foss and Foss, 2001), we argue that the change from Mark I to Mark II property rights economics...... led to a substantial narrowing of the scope of property rights economics, somewhat akin to a Kuhnian loss of content. In particular, Mark II property rights economics make strong assumptions concerning the definition and enforcement of ownership rights made which lead to many real life institutions...

  1. Financial development, property rights, and growth

    OpenAIRE

    Claessens, Stijn; Laeven, Luc

    2002-01-01

    The authors analyze how property rights affect the allocation of firms' available resources among different types of assets. In particular, they investigate empirically for a large number of countries whether firms in environments with more secure property rights allocate available resources more toward intangible assets and consequentially grow faster. The authors find that improved asset...

  2. THE LEGAL PROTECTION OF THE PROPERTY RIGHT

    Directory of Open Access Journals (Sweden)

    Anda CRISU-CIOCÎNTĂ

    2015-04-01

    Full Text Available The property right has been acknowledged as one of the personal fundamental rights since a very long time. It enjoys complete legal protection provided on the top of the national legislation hierarchy by constitutional norms as well as by juridical norms specific to the various legal branches where the property is present. The property right is protected consistently and by means of the criminal law, mainly by those juridical norms that incriminate the illicit behaviours which bring prejudice, as well as by the norms that regulate other criminal right institutions such as those ones which are specific to the safety measures with a patrimonial character. After examining the juridical norms that protect the property, the conclusion is that the juridical protection is awarded only if the property right has a licit character.

  3. 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...

  4. 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...

  5. Expiration of private property rights: a note

    Directory of Open Access Journals (Sweden)

    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.

  6. 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.

  7. 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.

  8. 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 ...

  9. 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...

  10. An Overview of Human Rights and Intellectual Property Protection

    Directory of Open Access Journals (Sweden)

    Maysa Said Bydoon

    2016-12-01

    Full Text Available The purpose of this article is to discuss the legal framework of human rights and intellectual property in terms of state obligations to afford a protection for both human rights and intellectual property. The relationship between intellectual property and human rights, under bilateral, regional and multilateral treaties, is a matter of concern. In focusing on the relationship between intellectual property and human rights, this article argues that there are many challenges on the wide use of Intellectual property rights that given possible conflict between intellectual property and human rights.

  11. 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.

  12. 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.

  13. 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...

  14. 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

  15. 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...

  16. 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...

  17. 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.

  18. 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.

  19. 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

  20. APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS

    Directory of Open Access Journals (Sweden)

    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.

  1. 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…

  2. 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,…

  3. Are both dimensions of property rights “efficient”?

    Directory of Open Access Journals (Sweden)

    Pál Czeglédi

    2015-06-01

    Full Text Available The “efficient institutions view” on property rights claims that property rights emerged and are enforced when their enforcement maximizes net wealth. In a cross-country pattern this is usually understood as the prediction that economic development creates the incentives to provide higher quality property rights, but this claim is highly debated. This paper tries to take various property rights scholars’ arguments seriously and see property rights quality as a two dimensional concept, the two dimensions being the definition and the assignment of property rights. The paper derives a measure for these two dimensions of property rights and shows that it is the assignment dimension which is determined by development, while the definition dimensions is rather determined by cultural factors, especially those deeper factors that seem to reflect a long-run effect of Western European culture. According to the paper, the main reasons behind this may be the difference in the expropriability of income generated by an improvement of each dimension, and the way such improvements may or may not affect countries’ catching up process.

  4. 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

  5. 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.

  6. 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

  7. 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 ...

  8. Renegotiating property rights in the Florida golden crab fishery

    Directory of Open Access Journals (Sweden)

    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.

  9. Who owns the Atoms? Nanotechnology and Intellectual Property Rights

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  12. 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.

  13. 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

  14. 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...

  15. 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’.

  16. The Property Right and the Requirements of Environmental Protection

    Directory of Open Access Journals (Sweden)

    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.

  17. 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 ...

  18. 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…

  19. 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

  20. 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…

  1. 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 ...

  2. '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 ...

  3. 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

  4. The right of property and its social function

    Directory of Open Access Journals (Sweden)

    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

  5. 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...

  6. 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....

  7. 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....

  8. 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.

  9. 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.

  10. ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS

    Directory of Open Access Journals (Sweden)

    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.

  11. 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).

  12. 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.

  13. 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...

  14. 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...

  15. 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

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

    Directory of Open Access Journals (Sweden)

    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

  17. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  19. 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...

  20. 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 ...

  1. 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...

  2. 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.

  3. 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.

  4. 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.

  5. 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…

  6. 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…

  7. 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…

  8. 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.

  9. 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...

  10. 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

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

    Directory of Open Access Journals (Sweden)

    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.

  12. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

  14. INTELLECTUAL PROPERTY RIGHTS ISSUES FOR RESEARCH TOOLS IN BIOTECHNOLOGY RESEARCH

    Directory of Open Access Journals (Sweden)

    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.

  15. 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

  16. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  18. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  1. 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.

  2. 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.

  3. 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.

  4. 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,.

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

    Directory of Open Access Journals (Sweden)

    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.

  6. 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 ...

  7. 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.

  8. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  10. 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

  11. 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.

  12. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  15. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  17. 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...

  18. 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.

  19. 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

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

    Directory of Open Access Journals (Sweden)

    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.

  1. 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.

  2. 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.

  3. 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....

  4. 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...

  5. 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.

  6. 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 ...

  7. 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...

  8. 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.

  9. 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.

  10. 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

  11. 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...

  12. 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....

  13. [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.

  14. 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.

  15. 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

  16. 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…

  17. 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.

  18. 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.

  19. 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.

  20. 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.

  1. 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…

  2. 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

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. [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.

  8. 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

  9. 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

  10. 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...

  11. 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...

  12. 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

  13. 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.

  14. 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

  15. 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

  16. 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)

  17. 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

  18. 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

  19. 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.

  20. 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.

  1. 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)

  2. 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.

  3. 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

  4. 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…

  5. 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

  6. 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…

  7. 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...

  8. 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...

  9. 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...

  10. 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

  11. 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…

  12. 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 ...

  13. 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

  14. 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.

  15. 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...

  16. The estimation diastolic properties of the right and left heart's ventricles by a magnetic resonance imaging

    International Nuclear Information System (INIS)

    Myagkov, A.P.; Cherepok, A.A.

    2003-01-01

    On the basis of comparison of data heart's catheterization nd magnetic resonance imaging the technique of determination initial and enddiastolic pressure in heart's ventricles is developed. It has allowed to determine a diastolic extensibility, hardness, initial and enddiastolic pressure gradients for right and left ventricle. All necessary formulas and calculations techniques, control data of the models, received at the research of healthy subjects are described

  17. 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.

  18. 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...

  19. 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...

  20.   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...

  1. 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.

  2. After thalidomide - do we have the right balance between public health and intellectual property.

    Science.gov (United States)

    Feldschreiber, Peter; Breckenridge, Alasdair

    2015-01-01

    The current European regulatory and consumer protection legal framework is the legacy of Thalidomide. The disaster led to the introduction of systematic biological and clinical data to endorse the safety and efficacy of new medicines. The European Medicines Directive outlined the pre-clinical, clinical data and product information to evaluate an appropriate benefit. Risk profile of new medicines and also allowed innovative companies to extend patent protection and data/marketing exclusivity periods to compensate for the cost for research and development. However in recent years it has become apparent that the costs and time for research and development are becoming increasingly burdensome, particularly for new drugs with recently discovered mechanisms of action for cancers and neurodegenerative disorders. The costs of development and the commercial uncertainty of such products is reducing commercialisation of these medicines. There is now considerable debate in the regulatory community as to how this regulatory burden may be eased by making earlier review of benefit risk and hence earlier access to authorised medicines. The Courts are moving away from the wide definition of medicinal product to a more nuanced view of the biological and clinical therapeutic mechanisms to satisfy the 'functional' limb definition in the Directive. This may be a move away from the rigorous scientific methodology generated after thalidomide. We discuss the ethical and public health implications of this shift in policy and the implications for intellectual property mechanisms currently available to protect the commercial needs of companies.

  3. Implications of the Private Property Right to the Community Forest Businesses Formalization through the Certification Policy

    Directory of Open Access Journals (Sweden)

    Bramasto Nugroho

    2014-01-01

    Full Text Available This study aimed to analyze the implication of formalization of community forest business efforts through mandatory timber legality certification policy. Field survey was conducted in March–April 2012 in 3 districts in Central of Java namely Blora, Wonogiri, and Wonosobo District. The results showed that community forest is mainly planting in their private owned land. It brings 2 consequences. Firstly, their willingness to manage their forest sustainably was emerged without any enforcement from external parties. Secondly, there were autonomous in decision making in their way to manage their forest such as they only planted tree species that easy to sell and valuable, they only cut their trees when they need huge money for children schooling, marriage, illness, and housing. The autonomous decision making gives also the owners (farmers other alternatives to utilize their land otherwise planting the trees. It is mean, if the policy is decreasing the potential benefits from growing the trees, they can also convert their community forest into other business in which profitable and easy to sell their products. From those facts, it seems the formalization of community forest business through mandatory certification is not a proper policy to enhance the community forest.Keywords: community forest, formalization, policy, private property, timber legality DOI: 10.7226/jtfm.19.3.178

  4. Intellectual property rights in Brazilian floriculture: innovations for the growth and development of the market

    Directory of Open Access Journals (Sweden)

    Antonio Helio Junqueira

    2017-10-01

    Full Text Available One of the most important demands imposed by the consumer market on the Brazilian Productive Chain of Flowers and Ornamental Plants is the constant launching of innovations in cultivated species and varieties. Such innovations include the constant introduction of flowers and plants not yet grown and commercialized, both native and adapted exotic species, as well as transformations and changes in size, shape, coloring and conduction patterns and presentation of these goods to the market. Brazil does not have a relevant breeding and cultivation industry. In this sense, it is highly dependent on imports of genetic material developed by countries such as the Netherlands, Germany, Japan, the United States of America, Thailand, among others. Recent developments in the sectoral policy to protect the rights of genetic developers, in the development of internationally adequate legislation and in the control of the use and trade of cultivars, has allowed Brazil greater access to new genetic materials of high quality and in line with contemporary international trends in the consumption. This article aims to discuss the state of the art of protection of cultivars in Brazil, pointing to the advances that the legislation and the inspection have allowed in relation to the introduction of genetic innovations, evaluating the impact of these measures on the growth and development of the market of consumption of flowers and ornamental plants in the country.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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....

  10. 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

  11. 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

  12. 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)

  13. 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.

  14. 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)

  15. 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.

  16. 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

  17. 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...

  18. 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.

  19. 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

  20. 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.

  1. 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.

  2. 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...

  3. 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.

  4. 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...

  5. 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.

  6. 24 CFR 1710.558 - Previously accepted state filings-notice of revocation rights on property report cover page.

    Science.gov (United States)

    2010-04-01

    ... will give the purchaser written notification of purchaser's default or breach of contract and the... purchaser loses rights and interest in the lot because of the purchaser's default or breach of contract... Report prior to signing a contract or agreement, you may cancel your contract or agreement by giving...

  7. Follow the Intellectual Property, How does Industry pay Programmers' Salaries when they move the related IP rights to offshore taxhavens?"

    OpenAIRE

    Wiederhold, Gio

    2009-01-01

    In the ongoing discussion about offshoring in the computer and data-processing industries, the 2006 ACM report Globalization and Offshoring of Software addressed job shifts due to globalization in the software industry. But jobs represent only half of the labor and capital equation in business. In today’s high-technology industries, intellectual property (IP) supplies the other half, the capital complement. Offshoring IP always accompanies offshoring jobs and, while less visible, may be a maj...

  8. 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.

  9. Retrofitting of photovoltaic power plants, government liability law and fundamental right of property; Solarenergieanlagen-Nachruestung, Staatshaftungsrecht und Eigentumsgrundrecht

    Energy Technology Data Exchange (ETDEWEB)

    Ekardt, Felix [Forschungsstelle Nachhaltigkeit und Klimapolitik (Germany); Rostock Univ. (Germany). Oeffentliches Recht und Rechtsphilosophie

    2012-02-15

    The German legislator plans the re-regulation of the plant safety for existing photovoltaic systems in order to avoid a massive shutdown of these plants, followed by network instability. The current re-regulation particularly is problematic for operators of small photovoltaic systems and is a summary of the property and no expropriation. The German legislature is obliged, not to charge the costs of the planned reorganization of the plant safety to the operators of photovoltaic systems. The Federal State has to be responsible for the former error of the VDE standards organizations. The VDE standards organizations did not recognize the problem of network instability to be regulated.

  10. Property rights and hierarchies of power: a critical evaluation of land-reform policy in South Africa

    Directory of Open Access Journals (Sweden)

    André van der Walt

    1999-03-01

    Full Text Available The programme of land reform laws introduced in South Africa since 1991 is often seen and discussed as nothing more than a highly technical, black-letter aspect of South African law. In this article, the author directs attention to the policies that underly the land reform laws, and discusses the transformative potential and effect of land reform laws in view of these policies. The main question is whether the land reform programme has succeeded in breaking away from or undermining the hierarchies of power that were inherent in traditional common-law property relationships and, particularly, in the politically sanctioned and statutorily entrenched system of apartheid land law. Through the analysis of the most important land reform laws the author concludes that the land reform programme is only partially successful in this regard, since many of the new laws still uphold or entrench the underlying hierarchies o f power that characterised apartheid land law.

  11. 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.

  12. 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

  13. 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.

  14. 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.

  15. 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.

  16. 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 ...

  17. 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...

  18. 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

  19. 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.

  20. 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.

  1. [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.

  2. 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.

  3. 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....

  4. 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."

  5. 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

  6. 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...

  7. Human rights

    NARCIS (Netherlands)

    Gaay Fortman, B. de

    2006-01-01

    Human rights reflect a determined effort to protect the dignity of each and every human being against abuse of power. This endeavour is as old as human history. What is relatively new is the international venture for the protection of human dignity through internationally accepted legal standards

  8. Deconstructing Rights

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

    Karen Kershaw

    Kerala, India. Parallel Sessions II ... limits of a coming political community ... economies on women's rights & decentralization. Deconstructing ... resorts around all water sources inland and coastal, high-rise buildings ... None work in fishing industry (they have family links) ... ACCESS TO POWER gained by individual women ...

  9. 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...

  10. Forest rights

    DEFF Research Database (Denmark)

    Balooni, Kulbhushan; Lund, Jens Friis

    2014-01-01

    One of the proposed strategies for implementation of reducing emissions from deforestation and forest degradation plus (REDD+) is to incentivize conservation of forests managed by communities under decentralized forest management. Yet, we argue that this is a challenging road to REDD+ because...... conservation of forests under existing decentralized management arrangements toward a push for extending the coverage of forests under decentralized management, making forest rights the hard currency of REDD+....

  11. 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.

  12. 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.

  13. 26 CFR 25.2207A-1 - Right of recovery of gift taxes in the case of certain marital deduction property.

    Science.gov (United States)

    2010-04-01

    ... section 2519. (b) Failure of a person to exercise the right of recovery. (1) The failure of a person to... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Right of recovery of gift taxes in the case of... SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) ESTATE AND GIFT TAXES GIFT TAX; GIFTS MADE AFTER DECEMBER...

  14. 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…

  15. 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

  16. 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)

  17. 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.

  18. CONSIDERATIONS ON THE CALCULATION OF DAMAGES IN INTELLECTUAL PROPERTY INFRINGEMENT CASES. RIGHT HOLDER’S LOSS AND UNFAIR PROFITS OF THE INFRINGER. CUMULATION

    Directory of Open Access Journals (Sweden)

    Paul-George BUTA

    2017-05-01

    Full Text Available This short article deals with a specific problem of interpretation of Romanian law on the enforcement of IP rights, namely the possibility of having the court set damages to the right holder by taking into account both the right holder’s loss and the infringer’s unfair profits. The two criteria for the assessment of damages are specifically provided for by law and are also expressly provided for by the EU IP Rights Enforcement Directive which was implemented in Romania. While the possibility of referring to either of the two remains uncontested, the possibility of cumulating the two has been denied in some decisions of the Romanian High Court. In order to do so the High Court has interpreted Romanian law so as to comply with the provisions of the EU Directive read by taking into account one of the recitals to the directive which seems to only allow for the criteria to be used alternatively and not cumulatively. The article examines this interpretation and concludes that the curt ought not to have referred to the text of the EU Directive and that, even if it would do so, could not base its interpretation on the recital, as it did and should have come to the conclusion that the cumulation of the two criteria is possible. In order to do so the article examines the implementation of the Directive in Romanian law, the limitations that the CJEU has imposed on the interpretation of EU acts, the history of the enacting of the EU provisions at issue and the context of the provisions within the directive.

  19. Property.

    Science.gov (United States)

    Piele, Philip K.

    Numerous cases in this year's chapter dealt with the same topics of previous years--contracts and bids for building construction, and detachment and annexation of a portion of a school district. The courts continued to attribute board discretionary authority to school boards in school property matters. Intergovernmental disputes over ownership or…

  20. [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.

  1. Forest biotechnology in Canada: Analysis of intellectual property rights and protection of higher lifeforms. Working paper No. WP-OI-95.05

    Energy Technology Data Exchange (ETDEWEB)

    Globerman, S.

    1995-12-01

    This study is part of a series assessing the impacts of patenting plants and animals, and focuses on the potential impact and desirability of patenting multicellular organisms for application in forestry. The two major areas where biotechnology involving the creation of new multicellular organisms may have a significant impact on the forest products sector are the production of seeds and the employment of biopesticides. The specific objectives of the study include an evaluation of the economic effects of alternative intellectual property policy regimes on participants in the domestic forestry sector; an assessment of Canada`s strategic interests in the forestry sector in the context of international competition; and an evaluation of the likely rate and direction of technological change and economic growth in the forestry sector. Statistics on the international forest industry conclude the document.

  2. 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

  3. 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.

  4. Patriach discusses rights, property / Aleksei Gunter

    Index Scriptorium Estoniae

    Gunter, Aleksei, 1979-

    2003-01-01

    Moskva ja kogu Venemaa õigeusu kiriku patriarhi Aleksius II visiidist Eestisse, kohtumisest peaminister Juhan Partsiga, jumalateenistusest Nevski katedraalis, Moskvale alluva õigeusu kiriku olukorrast Eestis

  5. Mongolia - Property Rights - Special Hashaa Plot

    Data.gov (United States)

    Millennium Challenge Corporation — The impact evaluation study of the MCA-M PRP will be the first fully randomized evaluation of a large-scale land titling program. Randomization will occur at the...

  6. Mongolia - Property Rights - Land Registration System

    Data.gov (United States)

    Millennium Challenge Corporation — IPA: Evaluation design: Impact Evaluation 1. Pre-post comparison of time and cost involving in select land-based transactions 2. Involve two main instruments of...

  7. Beyond Intellectual Property: Toward Traditional Resource Rights ...

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

    That voice belongs to the world's indigenous peoples, and it is voice that has ... how indigenous peoples and local communities worldwide should approach ... National Council for Science and Technology at the Goeldi Museum, Belém, Brazil.

  8. Gold Rushes and mineral property rights allocation

    DEFF Research Database (Denmark)

    Sinding, Knud

    , is to handle the other projects that are generated by the "gold rush" informational externalities created by the initial discovery. At the core of the problems of dealing with a gold rush situation is both the informational externality and an institutional framework which is not designed to deal with large...... influxes of prospectors competing for a very limited area. This paper charts significant gold rush events in the mineral industry in recent decades and uses preliminary data on the areas impacted by these gold rushes to argue that many mineral tenure systems should be modified in order to be better able...

  9. Patent pools: Intellectual property rights and competition.

    NARCIS (Netherlands)

    Rodriguez, V.F.

    2010-01-01

    Patent pools do not correct all problems associated with patent thickets. In this respect, patent pools might not stop the outsider problem from striking pools. Moreover, patent pools can be expensive to negotiate, can exclude patent holders with smaller numbers of patents or enable a group of major

  10. Beyond Intellectual Property: Toward Traditional Resource Rights ...

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

    If a stranger entered your community, and started asking questions about its people, its resources, and its history, what would you do? In today's global marketplace, no stone goes unturned. Where there is commercial value, there are profits to be made. However, as entrepreneurs scour the world in search of new ...

  11. 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.

  12. 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.

  13. 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 ...

  14. 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)

  15. Derechos de propiedad, herencia de las esposas e igualdad de género: aspectos comparativos entre Brasil e Hispanoamérica Property Rights, Inheritance by Wives and Gender Equality: Brazil and Hispanic America in Comparative Perspective

    Directory of Open Access Journals (Sweden)

    CARMEN DIANA DEERE

    2001-01-01

    Full Text Available En América Latina durante el curso del siglo XX se lograron considerables avances para fortalecer los derechos de propiedad de la mujer casada. Sin embargo, se ha prestado atención limitada a los derechos de herencia de las esposas. La revisión de las normas legales en doce países permite argumentar que las viudas están a menudo en una posición de desventaja en comparación con las hijas/os de la pareja. Las normas sobre herencia no fueron diseñadas para dar a las viudas la posibilidad de autonomía económica, por medio del control de la finca familiar o los negocios. Si se tiene en cuenta la diferencia de género a favor de la mujer en la expectativa de vida y la cobertura limitada de las mujeres en la seguridad social (especialmente las rurales en la mayoría de los países, las mujeres son particularmente vulnerables cuando enviudan. Es urgente que el movimiento de mujeres tenga en cuenta en su agenda el tema de los derechos de herencia, en razón de que su fortalecimiento es necesario para el logro de la redistribución de la propiedad y de una al igualdad de géneroConsiderable 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

  16. 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…

  17. 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 ...

  18. 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 ...

  19. 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

  20. 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

  1. [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.

  2. Right Brain Drawing.

    Science.gov (United States)

    Whalen, Adryce C.

    1985-01-01

    The author describes activities of a weekly enrichment class providing right-brain tasks to gifted elementary students. Activities, which centered on artistic creativity, were taken from "Drawing On the Right Side of the Brain" by B. Edwards. (CL)

  3. Constitutional Rights in Indonesia

    OpenAIRE

    Judhariksawan

    2018-01-01

    The constitution is fundamental to the life of the modern state as a major foothold in state governance. Includes the guarantee of constitutional rights of citizens. The The constitution is the basis of state organizers to be implemented so that the state is obliged to guarantee the fulfillment of citizens' constitutional rights. Human rights have become an important part of the modern constitution. This study will describe how human rights guarantees become part of consti...

  4. Special Section: Human Rights

    Science.gov (United States)

    Frydenlund, Knut; And Others

    1978-01-01

    Eleven articles examine human rights in Europe. Topics include unemployment, human rights legislation, role of the Council of Europe in promoting human rights, labor unions, migrant workers, human dignity in industralized societies, and international violence. Journal available from Council of Europe, Directorate of Press and Information, 67006…

  5. Inalienable Rights of Children

    Science.gov (United States)

    Zirbes, Laura

    2017-01-01

    Rights are statements of claim. The very conception of human rights cannot be understood without reference to the aggressive disposition to invade, violate, or override them. When socially sensitive leaders rise to the acceptance of these rights,... gradually such expressions of social conviction are either set aside due to some less idealistic…

  6. Teaching Human Rights Law.

    Science.gov (United States)

    Berman, Howard R.

    1985-01-01

    The international community has developed a system of human rights law relevant to many areas of legal encounter, which American law schools have been slow to incorporate into curricula. Teaching human rights law provides an opportunity for law schools to enrich the learning process and contribute creatively to the respect for rights in society.…

  7. Consumer rights and protections

    Science.gov (United States)

    ... care consumer rights; Rights of the health care consumer ... RIGHTS AND PROTECTIONS Here are ways that the health care law protects consumers. You must be covered, even if you have a pre-existing condition. No insurance plan can reject you, ...

  8. The right data for the right decision

    International Nuclear Information System (INIS)

    Chockie, A.D.; Olson, J.L.; Thurber, J.A.

    1988-01-01

    This paper identifies and discusses a number of issues associated with the development and use of performance indicators for commercial nuclear power plants. The paper reviews the objectives of various users of performance indicators and addresses the problem of applying the right performance indicators to the needs of these users. The analysis concludes with a brief discussion of how the different user objectives of performance indicators can lead to conflicts over the definition and implementation of performance indicator systems

  9. 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

  10. 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.

  11. 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.

  12. The right and development: the nuclear right

    International Nuclear Information System (INIS)

    Coimbra, Guilhermina Lavos.

    1986-02-01

    The author analyses some juridical instruments signed among Brazil and his commercial partners in the nuclear field: the way as it has been reflected and it has modeled the Brazilian Nuclear Program - BNP. It is very much important a Nuclear Law/Bill of the Nuclear Rights directed to the uranium and the BNP defense. It is compared the Brazilian petroleum situation, before 1952, with the present uranium situation. It is purposed a Constitutional disposal, protecting the uranium and all the other nuclear strategic minerals state monopoly, to be inserted in the next Brazilian Constitution and the URANIOBRAS creation, similar to PETROBRAS. (author). 163 refs

  13. THE RESALE RIGHT

    Directory of Open Access Journals (Sweden)

    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.

  14. Informação, conhecimento e Direitos de Propriedade Intelectual: os limites dos mecanismos de mercado e das modalidades de negociação privada. A contribuição de Williamson à análise dos Direitos de Propriedade Intelectual Information, knowledge and Intellectual Property Rights: the limits of market mechanisms and private negociation. The contribution of Williamson to the analyse of Intellectual Property Rights

    Directory of Open Access Journals (Sweden)

    Alain Herscovici

    2012-12-01

    Full Text Available Este artigo se propõe a demonstrar que as análises que preconizam a extensão da negociação privada no que diz respeito ao Conhecimento, à Informação e aos Direitos de Propriedade Intelectual não constituem instrumentos adequados pelo fato de dependerem de hipóteses que não correspondem às particularidades desses ativos: racionalidade substantiva, contratos completos e ausência de incerteza. Após apresentar os fatos estilizados e os principais elementos teóricos desse debate, ressaltarei os limites explicativos dessa abordagem e proporei uma análise alternativa baseada nos conceitos de especificidade dos ativos, no sentido definido por Williamson. A esse respeito, mostrarei em que consistem as complementaridades entre o mercado e as instituições.This article aims to demonstrate that the analysis that advocates an extension of private logic in regard to Information, Knowledge and Intellectual Property Rights does not constitute an appropriated framework as it depends on hypotheses that do not correspond to the specificities of such assets: substantive rationality, complete contracts and absence of uncertainty. After presenting the stylized facts that match this economy and the main elements of the theoretical debate, it is underlined the explanatory limits of this approach and proposed an alternative analysis based on the concepts of asset specificities in the sense defined by Williamson. In this respect, I will stress the necessary complementarities between market and institution.

  15. Nature of Human Rights

    Directory of Open Access Journals (Sweden)

    Carlos López Dawson

    2016-07-01

    Full Text Available In the formation of a new Constitution the constituents will require to know or reach an agreement on the nature of human rights; then, to determine how the State will enforce the respect to those rights. To do so, it is necessary to resort to the history and evolution of these rights, and the present work aims to contribute to an efficient productive debate about the nature of human rights, so that citizens can decide on the understanding that this is a thoughtful democratic and humanistic founded decision. The analysis is in the actual technical-ideological republican system which correspond to the current state of international law

  16. 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

  17. CIVIL RIGHTS AND MINORITIES.

    Science.gov (United States)

    HARTMAN, PAUL

    A MAJOR INTENT OF THE CONSTITUTION AND ITS AMENDMENTS, TO GUARANTEE EQUAL RIGHTS TO ALL CITIZENS REGARDLESS OF RACE, CREED, OR COLOR, HAS BEEN REINFORCED BY THE CIVIL RIGHTS STATUTES OF MANY STATES. IN SOME STATES SUCH LAWS HAVE BEEN ON RECORD FOR THREE-QUARTERS OF A CENTURY. IN OTHER STATES THE SAME CONSTITUTIONAL INTENT HAS BEEN DENIED BY…

  18. Race, Rights and Rebels

    DEFF Research Database (Denmark)

    Suárez-Krabbe, Julia

    An analysis of the evolution of the overlapping histories of human rights and development, and an exploration of the alternatives, through the lens of indigenous and other southern theories and epistemologies......An analysis of the evolution of the overlapping histories of human rights and development, and an exploration of the alternatives, through the lens of indigenous and other southern theories and epistemologies...

  19. Human Rights in Prisons

    DEFF Research Database (Denmark)

    Jefferson, Andrew M.; Gaborit, Liv Stoltze

    Drawing on participatory action research conducted in Sierra Leone, Kosovo and the Philippines, Human Rights in Prisons analyses encounters between rights-based non-governmental organisations and prisons. It explores the previously under-researched perspectives of prison staff and prisoners...

  20. The right to life

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Stavri Sinjari

    2013-06-01

    Full Text Available The right to life constitutes one of the main human rights and freedoms, foreseen by article 21 of the Albanian Constitution and article 2 of European Human Rights Convention. No democratic or totalitarian society can function without guarantees and protection of the human right to life We intend to address these issues on our article: What is life. What we legally understand with life. When the life starts and finish. How this right has evolved. Which is the state interest on protecting the life. Should we consider that the life is the same for all. Should the state interfere at any cost to protect the life. Is there any criminal charge for responsible persons to the violation of this right. Is this issue treated by European Human Rights Court. What are the Albanian legal provisions on protection of this right. This research is performed mainly according to a comparative and analytical methodology. Comperative analysis will be present almost throughout the paper. Treatment of issues of this research will be achieved through a system comparable with international standards in particular and the most advanced legislation in this area. At the same time, this research is conducted by analytical and statistical data processing. We believe that our research will make a modest contribution, not only to the legal literature, but also to criminal policy makers, law makers, lawyers and attorneys.

  1. Getting To Rights

    DEFF Research Database (Denmark)

    Kerrigan, Fergus

    This study takes its point of departure in human rights, equality and personal freedom, including support for the rights of LGBTI persons. Its intention is to combine these principles with respect for African communities, cultures, and the fortitude with which Africans face many challenges. Human...

  2. A Human Rights Glossary.

    Science.gov (United States)

    Flowers, Nancy

    1998-01-01

    Presents a human rights glossary that includes definitions of basic terms, treaties, charters, and groups/organizations that have been featured in previous articles in this edition of "Update on Law-Related Education"; the human rights terms have been compiled as part of the celebration of the Universal Declaration of Human Rights…

  3. Arrhythmogenic Right Ventricular Dysplasia

    Science.gov (United States)

    ... The heart has 4 sections called chambers. The right ventricle is one of the lower chambers. If you have ARVC, ... Kids and Teens, Men, WomenTags: arrhythmia, Arrhythmias, Arrhythmogenic Right ... April 1, 2006 Copyright © American Academy of Family Physicians This ...

  4. Urbanization and human rights

    NARCIS (Netherlands)

    Mihr, A.

    Urban governance on the basis of human rights can help to set up problem solving mechanisms to guarantee social peace, economic growth and political participation.If states both integrate more in international or regional human rights regime and give more autonomy to urban governments and local

  5. UN human rights council

    Directory of Open Access Journals (Sweden)

    Vuksanović Mlrjana

    2014-01-01

    Full Text Available The paper deals with the structure, mechanisms, practices and perspectives of the Human Rights Council, the UN body that, at universal level is the most important body in this area. Introductory section provides for a brief overview of the origins of human rights and the work of the Commission on Human Rights, in whose jurisdiction were questions of human rights before the establishment of the Council. After the introductory section the author gives an analysis of the structure, objectives, mandate and main procedures for the protection of human rights within the united Nations. In the final section the authorpoints out the advantages of this authority and criticism addressed to it, with emphasis on the possibility and the need for its reform.

  6. 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.

  7. The Right to Life

    Directory of Open Access Journals (Sweden)

    Varvara Coman

    2012-05-01

    Full Text Available In the present study, we set ourselves to analyze a subject, which, due to its importance andextreme complexity, generated many discussions and controversies both at national and international level:the right to life. The great evolution of the contemporary society and the progress registered in various fieldsbrought into the attention of the states, international organizations, specialists in the field and public opinionthe pressing problem of interpreting the content and limits of the human fundamental rights and liberties. Weset ourselves to analyze the main international instruments regulating the right to life and to identify thesituations where determining the content of this fundamental right in necessary. Without the intent of acomplete work, we understand, throughout this study, to highline the great importance of the right to liferespecting for the entire humanity.

  8. 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. ...

  9. Deuteronomy and Human Rights

    Directory of Open Access Journals (Sweden)

    G. Braulik

    1998-08-01

    Full Text Available If one compares the articles of the "Universal Declaration of Human Rights" dated December 10th, 1948, with the regulations of the book of Deuteronomy, one detects a surprising abundance of correspondences, or at least of similar tendencies, between them. As the social theorists of the seventeenth and eighteenth centuries, the architects of the catalogue of Human Rights, knew the Scripture very well. References to Deuteronomy are historically well probable and factually hardly coincidental. Deuteronomy rightly boasts about its social laws (4:8 that are unique in the Ancient Near East. The paper orientates itself to the short formula of Human Rights and at the same time to the normative basic character of each human right, as it is formulated in the first article of the declaration: "liberty", "equality", "fraternity". Each of these basic categories are concretised in terms of several Deuteronomic regulations and prove themselves to be central matters of concern within the YHWH religion. Finally, it is outlined how the connection between Deuteronomy and modem expressions of human rights might be explained, and further it is shown what actually makes up the peculiarity of biblical thinking on human rights.

  10. Gentrification and Occupancy Rights

    DEFF Research Database (Denmark)

    Huber, Jakob; Wolkenstein, Gregor Fabio

    2018-01-01

    What, if anything, is wrong with gentrification? This paper addresses this question from the perspective of normative political theory. We argue that gentrification is a wrong insofar as it involves a violation of city-dwellers occupancy rights. We distinguish these rights from other forms...... of territorial rights, and discuss the different implications of the argument for urban governance. If we agree on the ultimate importance of being able to pursue one’s located life-plans, the argument goes, we must also agree on limiting the impact on gentrification on people’s lives. Limiting gentrification...

  11. Gentrification and Occupancy Rights

    DEFF Research Database (Denmark)

    Huber, Jakob; Wolkenstein, Fabio

    2018-01-01

    What, if anything, is wrong with gentrification? This paper addresses this question from the perspective of normative political theory. We argue that gentrification is a wrong insofar as it involves a violation of city-dwellers occupancy rights. We distinguish these rights from other forms...... of territorial rights, and discuss the different implications of the argument for urban governance. If we agree on the ultimate importance of being able to pursue one’s located life-plans, the argument goes, we must also agree on limiting the impact on gentrification on people’s lives. Limiting gentrification’s...... impact, however, does not entail halting processes of gentrification once and for all....

  12. Docking screens: right for the right reasons?

    Science.gov (United States)

    Kolb, Peter; Irwin, John J

    2009-01-01

    Whereas docking screens have emerged as the most practical way to use protein structure for ligand discovery, an inconsistent track record raises questions about how well docking actually works. In its favor, a growing number of publications report the successful discovery of new ligands, often supported by experimental affinity data and controls for artifacts. Few reports, however, actually test the underlying structural hypotheses that docking makes. To be successful and not just lucky, prospective docking must not only rank a true ligand among the top scoring compounds, it must also correctly orient the ligand so the score it receives is biophysically sound. If the correct binding pose is not predicted, a skeptic might well infer that the discovery was serendipitous. Surveying over 15 years of the docking literature, we were surprised to discover how rarely sufficient evidence is presented to establish whether docking actually worked for the right reasons. The paucity of experimental tests of theoretically predicted poses undermines confidence in a technique that has otherwise become widely accepted. Of course, solving a crystal structure is not always possible, and even when it is, it can be a lot of work, and is not readily accessible to all groups. Even when a structure can be determined, investigators may prefer to gloss over an erroneous structural prediction to better focus on their discovery. Still, the absence of a direct test of theory by experiment is a loss for method developers seeking to understand and improve docking methods. We hope this review will motivate investigators to solve structures and compare them with their predictions whenever possible, to advance the field.

  13. Finding the Right Doctor

    Science.gov (United States)

    ... certified hospital Communicating with Healthcare Professionals for Caregivers Consumer Health Care • Home • Health Insurance Information • Your Healthcare Team Introduction Finding the Right Doctor Talking to Your Doctor Getting a Second ...

  14. Right Whale Critical Habitat

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — These data represent the critical habitat for Right Whale as designated by Federal Register Vol. 59, No. 28805, May 19, 1993, Rules and Regulations.

  15. Business and Human Rights

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    This article analyses the United Nations (UN) Guidelines on Business and Human Rights adopted in 2011 by the UN Human Rights Council from the perspective of transnational business governance interactions (TBGI) analytical framework.1 The article identifies and discusses dimensions of interaction...... in several areas of relevance to transnational business governance interaction and indicates the relevance of the TBGI approach to public regulatory transnational business governance initiatives. The analysis of the Guiding Principles as interactional transnational business governance suggests that this form...

  16. Introduction: Righting Feminism

    OpenAIRE

    Farris, Sara R.

    2017-01-01

    This is the introduction to a special issue on Righting Feminism. In recent years, we have witnessed the multifarious ways in which feminism as an emancipatory project dedicated to women's liberation has increasingly “converged” with non-emancipatory/racist, conservative, and neo-liberal economic and political agendas. Today, feminist themes are not only being "mainstreamed" but are also increasingly being mobilized to bolster existing power hierarchies as well as neo-liberal and right-wing x...

  17. Olympic Broadcast Rights

    OpenAIRE

    Žižka, Martin

    2014-01-01

    Title: Olympic Broadcast Rights Objectives: The main objective of this thesis is to analyse the revenue derived from the sale of the broadcasting rights to the Olympics by Olympic Movement. In the thesis are analysed the total sum of revenue, selected territory and compared the proportion that belongs to the International Olympic Committee and the Organizing Committee of the Olympic Games. The secondary objective is to adapt and calculation of the conversion mechanism for the transfer of amou...

  18. RIGHTS, RULES, AND DEMOCRACY

    Directory of Open Access Journals (Sweden)

    Richard S. Kay, University of Connecticut-School of Law, Estados Unidos

    2012-11-01

    Full Text Available Abstract: Democracy require protection of certain fundamental rights, but can we expect courts to follow rules? There seems little escape from the proposition that substantive constitutional review by an unelected judiciary is a presumptive abridgement of democratic decision-making. Once we have accepted the proposition that there exist human rights that ought to be protected, this should hardly surprise us. No one thinks courts are perfect translators of the rules invoked before them on every occasion. But it is equally clear that rules sometimes do decide cases. In modern legal systems the relative roles of courts and legislators with respect to the rules of the system is a commonplace. Legislatures make rules. Courts apply them in particular disputes. When we are talking about human rights, however, that assumption must be clarified in at least one way. The defense of the practice of constitutional review in this article assumes courts can and do enforce rules. This article also makes clear what is the meaning of “following rules”. Preference for judicial over legislative interpretation of rights, therefore, seems to hang on the question of whether or not judges are capable of subordinating their own judgment to that incorporated in the rules by their makers. This article maintains that, in general, entrenched constitutional rules (and not just constitutional courts can and do constrain public conduct and protect human rights. The article concludes that the value judgments will depend on our estimate of the benefits we derive from the process of representative self-government. Against those benefits we will have to measure the importance we place on being able to live our lives with the security created by a regime of human rights protected by the rule of law. Keywords: Democracy. Human Rights. Rules. Judicial Review.

  19. 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

  20. 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...

  1. CONSUMER'S RIGHT TO WITHDRAW

    Directory of Open Access Journals (Sweden)

    ANCA NICOLETA GHEORGHE

    2013-05-01

    Full Text Available The right of withdrawal (of a contract belongs to the consumer, and is an essential means for the improvement of regulations that protect the consumer.. Right of withdrawal is not a recent creation and is not even specific to the consumer field. He was previously recognized in civil and commercial law (without special regulation. The right to withdraw may even have as ground the parties will. Thus, based on the contractual freedom, the parties may agree that one of them has the right to terminate the contract unilaterally The possibility of unilateral denunciation of the contract, gives the consumer, added protection by being able to reflect the decision and to check how the trader fulfil its obligations. In this context, through its effects, the right of denunciation, forces the professional parties to conduct themselves as fair as possible to the consumer and to execute the contract properly. In the study of the consumer protection, the time of conclusion is essential because in this stage is manifested, the inequality between the consumer and professional. Thus, the lack of information, the major of products and activities, commercial practices, influence the formation of consumer will, preventing the expression of a freely and knowingly consent.

  2. Right upper quadrant pain

    International Nuclear Information System (INIS)

    Ralls, P.W.; Colletti, P.M.; Boswell, W.D. Jr.; Halls, J.M.

    1984-01-01

    Historically, assessment of acute right upper quadrant abdominal pain has been a considerable clinical challenge. While clinical findings and laboratory data frequently narrow the differential diagnosis, symptom overlap generally precludes definitive diagnosis among the various diseases causing acute right upper quadrant pain. Fortunately, the advent of newer diagnostic imaging modalities has greatly improved the rapidity and reliability of diagnosis in these patients. An additional challenge to the physician, with increased awareness of the importance of cost effectiveness in medicine, is to select appropriate diagnostic schema that rapidly establish accurate diagnoses in the most economical fashion possible. The dual goals of this discussion are to assess not only the accuracy of techniques used to evaluate patients with acute right upper quadrant pain, but also to seek out cost-effective, coordinated imaging techniques to achieve this goal

  3. Rail passengers rights

    Directory of Open Access Journals (Sweden)

    Đurđev Dušanka J.

    2016-01-01

    Full Text Available The legal framework of rail passengers rights is set out in a combination of international and European law: an international measure, the rather unwieldy Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail, forming part of the Convention concerning International Carriage by Rail of 9 May 1980 (as amended by the Vilnius Protocol of 3 June 1999 ['CIV'], lays down a basic framework which is then fleshed out by more recent EU legislation, Regulation (EC No 1371/2007 on Rail Passengers ' Rights and Obligations. Regulation 1371/2007/EC on rail passenger rights and obligations sets out minimum quality standards that have to be guaranteed to all passengers on all lines. .

  4. Rights to Language

    DEFF Research Database (Denmark)

    Phillipson, Robert

    This work brings together cutting-edge scholarship in language, education and society from all parts of the world. Celebrating the 60th birthday of Tove Skutnabb-Kangas, it is inspired by her work in minority, indigenous and immigrant education; multilingualism; linguistic human rights; and global...... language and power issues. Drawn from all parts of the world, the contributors are active in a range of scientific and professional areas including bilingual education; sociolinguistics; the sociology of education, law and language; economics and language; linguistics; sign language; racism; communication......; discourse analysis; language policy; minority issues; and language pedagogy. The book situates issues of minorities and bilingual education in broader perspectives of human rights, power and the ecology of language. It aims at a distillation of themes that are central to an understanding of language rights...

  5. Biotechnology and human rights.

    Science.gov (United States)

    Feuillet-Le Mintier, B

    2001-12-01

    Biotechnology permits our world to progress. It's a tool to better apprehend the human being, but as well to let him go ahead. Applied to the living, biotechnologies present the same finality. But since their matter concerns effectively the living, they are the sources of specific dangers and particularly of that one to use the improvements obtained on the human to modify the human species. The right of the persons has to find its place to avoid that the fundamental rights of the human personality shall undergo harm. This mission assigned to the right of the persons is as so much invaluable that the economical stakes are particularly important in the domain of the biotechnologies.

  6. Sexual rights and disability.

    Science.gov (United States)

    Di Nucci, Ezio

    2011-03-01

    This paper argues against Appel's recent proposal-in this journal-that there is a fundamental human right to sexual pleasure, and that therefore the sexual pleasure of severely disabled people should be publicly funded-by thereby partially legalising prostitution. An alternative is proposed that does not need to pose a new positive human right; does not need public funding; does not need the legalisation of prostitution; and that would offer a better experience to the severely disabled: charitable non-profit organisations whose members would voluntarily and freely provide sexual pleasure to the severely disabled.

  7. Business and Human Rights

    DEFF Research Database (Denmark)

    Buhmann, Karin

    This article analyses the United Nations (UN) Guidelines on Business and Human Rights adopted in 2011 by the UN Human Rights Council from the perspective of Transnational Business Governance Interactions (TBGI) analytical framework (Eberlein et al. 2014). The article identifies and discusses...... that the UN Guiding Principles are unique in several respects of relevance to transnational business governance interaction and indicate the relevance of the TBGI approach to public regulatory transnational business governance initiatives. The analysis of the Guiding Principles as interactional transnational...... business governance suggests that this form of governance offers prospects for public institutions as a means towards regulating global sustainability concerns....

  8. Business and Human Rights

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    This article analyses the United Nations (UN) Guidelines on Business and Human Rights adopted in 2011 by the UN Human Rights Council from the perspective of transnational business governance interactions (TBGI) analytical framework.1 The article identifies and discusses dimensions of interaction...... and components of regulatory governance which characterize the Guiding Principles, focusing in particular on rule formation and implementation. The article notes that the Guiding Principles actively enrolled other actors for the rule-making process, ensuring support in a politically and legally volatile field...

  9. All rights reserved

    African Journals Online (AJOL)

    ADOWIE PERE

    ABSTRACT: The influence of weather in all aspects of human endeavours is evident in the recorded loss of lives and properties .... forecasting the rain, frost and fog formation as well as ... 2017). The trend graphs of relative humidity and the ... equation was obtained using the curve estimation .... empirical regression models.

  10. 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...

  11. Extraterritorial Human Rights Obligations

    DEFF Research Database (Denmark)

    Amsinck Boie, Hans Nikolaj; Torp, Kristian

    adequately be addressed without including the approach to the problem taken in practice; Corporate Social Responsibility, CSR. The book therefore draws upon the concept of CSR and the approaches developed here and discusses whether states may utilize the CSR-based concept of human rights due diligence...

  12. Autonomy and minority rights

    DEFF Research Database (Denmark)

    Barten, Ulrike

    2008-01-01

    on the content of the syllabus. When autonomy is understood in the literal sense, of giving oneself one's own laws, then there is a clear connection. Autonomy is usually connected to politics and a geographically limited territory. Special political rights of minorities - e.g. is the Danish minority party SSW...

  13. The Right Administrative Stuff

    Science.gov (United States)

    Dustin, Dan; McDonald, Cary; Harper, Jack; Lamke, Gene; Murphy, James

    2014-01-01

    This article is intended to provoke thought and discussion about what it takes to be a department chair and what it feels like to be a department chair. To accomplish our purpose, we draw an analogy between test pilots and department chairs based on Tom Wolfe's "The Right Stuff" (1979). We reason that test pilots and department…

  14. Adjudicating socioeconomic rights

    African Journals Online (AJOL)

    Christo Heunis

    It is trite to say that the adjudication of socio-economic rights is a new enterprise in South African jurisprudence, as it is to the jurisprudence of many other jurisdictions. Professor van Rensburg's paper seeks to analyse the influence of political, socio-economic and cultural considerations on the interpretation and application ...

  15. Rights or Repentance

    Science.gov (United States)

    Minnigerode, Fred A.

    1977-01-01

    Early data suggest that homosexuals are becoming more aware of their civil rights and more willing to fight for them. Men and women no longer have to repent for their homosexual feelings and behavior. Presented at the 1976 American Psychological Association Convention, Washington, D.C. (Author)

  16. Access Rights Distribution

    Directory of Open Access Journals (Sweden)

    T. M. Pestunova

    2011-03-01

    Full Text Available The main aspects of the development of the information system, which grants users the rights for access to automated information system resources on the basis of the organization business-processes, are considered. The conceptual, informational, functional models of the system, as well as a model, which allows to realize control while using various formal models (RBAC, DAC, MAC, are described.

  17. At Right Angles

    Indian Academy of Sciences (India)

    Home; Journals; Resonance – Journal of Science Education; Volume 17; Issue 9. At Right Angles. Shailesh A Shirali. Information and Announcements Volume 17 Issue 9 September 2012 pp 920-920. Fulltext. Click here to view fulltext PDF. Permanent link: https://www.ias.ac.in/article/fulltext/reso/017/09/0920-0920 ...

  18. Digital Rights Management

    NARCIS (Netherlands)

    Koster, P.; Jonker, Willem; Blanken, Henk; de Vries, A.P.; Blok, H.E.; Feng, L.

    2007-01-01

    Digital Rights Management, or DRM for short, is a much-discussed topic nowadays. The main reason for this is that DRM technology is often mentioned in the context of protection of digital audio and video content, for example to avoid large scale copying of CDs and DVDs via peer-to-peer networks in

  19. Defining minors' abortion rights.

    Science.gov (United States)

    Rhodes, A M

    1988-01-01

    The right to abortion is confirmed in the Roe versus Wade case, by the US Supreme Court. It is a fundamental right of privacy but not an absolute right, and must consider state interests. During the first trimester of pregnancy abortion is a decision of the woman and her doctor. During the second trimester of pregnancy the state may control the abortion practice to protect the mothers health, and in the last trimester, it may prohibit abortion, except in cases where the mother's life or health are in danger. The states enacted laws, including one that required parents to give written consent for a unmarried minor's abortion. This law was struck down by the US Court, but laws on notification were upheld as long as there was alternative procedures where the minor's interests are upheld. Many of these law have been challenged successfully, where the minor was judged mature and where it served her best interests. The state must enact laws on parental notification that take into consideration basic rights of the minor woman. Health professionals and workers should be aware of these laws and should encourage the minor to let parents in on the decision making process where possible.

  20. Student Rights and Responsibilities

    Science.gov (United States)

    Today's Education, 1972

    1972-01-01

    Article summarizes National Education Association pamphlet. As citizens, students should have full protection of Bill of Rights, due process, protection from illegal search or seizure. As clients of institution, should have substantial influence on how institutions affect their lives. Proper disciplinary procedures for minor and major infractions…

  1. Choosing the right technology

    DEFF Research Database (Denmark)

    Milan, Christian; Nielsen, Mads Pagh; Bojesen, Carsten

    2014-01-01

    The use of renewable energy sources (RES) has continuously increased throughout the last decade. In the residential building sector the trend goes towards energy supply systems based on multiple RES. This is mainly due to political requirements, governmental subsidies and fuel price development....... These systems not only require an optimal design with respect to the installed capacities but also the right choice in combining the available technologies assuring a cost-effective solution. e aim of this paper is to present an optimization methodology for residential on-site energy supply systems based...... on mixed integer linear programming. The methodology chooses the right combination of technologies and sizes the components based on on-site weather data and expected consumption profiles. Through this approach the fluctuations of RES as well as the user behavior are taken into account already during...

  2. Arrhythmogenic right ventricular dysplasia

    International Nuclear Information System (INIS)

    Vignolo Puglia, W.; Freire Colla, D.; Rivara Urrutia, D.; Lujambio Grene, M.; Arbiza Bruno, T.; Oliveira, G.; Cobas Rodriguez, J.

    1997-01-01

    The arrhythmogenic right ventricular dysplasia is a condition predominantly well defined with arrhythmic events. We analyze three cases diagnosed by the group. These cases were presented as ventricular tachycardia with a morphology of left bundle branch block, presenting one of them aborted sudden death in evolution. The baseline electrocardiogram and signal averaging were abnormal in two of the three cases, like the echocardiogram. The electrophysiological study was able to induce in the three patients with sustained monomorphic ventricular tachycardia morphology of left bundle branch block. The definitive diagnosis was made by right ventriculography in two cases and magnetic resonance imaging in the other. Treatment included antiarrhythmic drugs in the three cases and the placement of an automatic defibrillator which survived a sudden death (Author)

  3. Homoaffectivity and Human Rights

    OpenAIRE

    Luiz Mott

    2006-01-01

    The civil union between persons of the same sex is analyzed in this essay through the discussion of the roots of the anti-homosexual prejudice and the fight for the citizenship of gays, lesbians and transgenders in Brazil, and through listing the different manifestations of homofobia in our social environment. We deconstruct the contrary opinions against the homosexual marriage, justifying with etho-historical evidences the extending of equal rights to the couples of the same s...

  4. Asking the Right Questions

    DEFF Research Database (Denmark)

    Richter, Line

    Based on fieldwork in Mali this paper discusses the role of anthropology (and the anthropologist) in a large public health research project on children's health. In the uncertainty and disquiet that comes with the battle to combat and avoid diseases in a setting where poverty and abysmal diseases......, is the ability to move beyond even the best hidden assumptions and question our own questions, thereby enabling us to ask the right questions....

  5. Right atrial lipoma

    Directory of Open Access Journals (Sweden)

    Pêgo-Fernandes Paulo M.

    2003-01-01

    Full Text Available Benign cardiac tumors are rare, and lipomas are among those less frequently found. We report the case of a 48-year-old male complaining of high blood pressure and epistaxis in the last 2 months, with a diagnosis of right atrial lipoma established on echocardiography, magnetic resonance imaging, and anatomicopathological examination. The tumor was successfully removed, and up to 42 months after surgical excision, no evidence of tumor relapse was observed.

  6. Inconvenient Human Rights

    Science.gov (United States)

    Ryan, Natasha

    2017-01-01

    Abstract Following an increase in Roma migration under the European “freedom of movement” laws, Swedish municipalities initiated more than 80 evictions of informal Roma settlements on the grounds of poor sanitation between 2013 and 2016. These evictions echo policies from earlier in the 20th century, when Roma living in Sweden were often marginalized through the denial of access to water and sanitation facilities. The recent Swedish evictions also follow similar government actions across Europe, where Roma settlements are controlled through the denial of access to water and sanitation. However, access to water and sanitation—central aspects of human health—are universal human rights that must be available to all people present in a jurisdiction, regardless of their legal status. The evictions described here violated Sweden’s obligations under both European and international human rights law. More positive government responses are required, such as providing shelters or camping sites, setting up temporary facilities, and directly engaging with communities to address water and sanitation issues. The authors conclude by providing guidance on how states and municipalities can meet their human rights obligations with respect to water and sanitation for vulnerable Roma individuals and informal settlements in their communities. PMID:29302163

  7. Double chambered right ventricle

    International Nuclear Information System (INIS)

    Cho, Chul Koo; Yu, Yun Jeong; Yeon, Kyung Mo; Han, Man Chung

    1983-01-01

    Fourteen cases of double chambered right ventricle were diagnosed angiographically and of these nine cases were confirmed after operation and autopsy at Seoul National University Hospital in recent four years since 1979. The clinical and radiological findings with the emphasis on the cinecardiographic findings were analysed. The summaries of the analysis are as follows: 1. Among 14 cases, 6 cases were male and 8 cases were female. Age distribution was from 4 years to 36 years. 2. In chest x-ray findings, pulmonary vascularity was increased in 8 cases, decreased in 4 cases, and normal in 2 cases. Cardiomegaly was observed in 8 cases and other showed normal heart size. 3. In cinecardiography, 11 cases had interventricular septal defect. Among these 11 cases, VSD located in proximal high pressure chamber was in 2 cases and located in distal low pressure chamber was in 9 cases. 4. The location of aberrant muscle bundle in sinus portion of right ventricle was in 8 cases. In the rest 6 cases, the aberrant muscle bundle was located below the infundibulum of right ventricle. 5. For accurate diagnosis and differential diagnosis with other congenital cardiac anomalies such as Tetralogy of Fallot or isolated pulmonic stenosis, biplane cineangiography and catheterization is an essential procedure

  8. Double chambered right ventricle

    Energy Technology Data Exchange (ETDEWEB)

    Cho, Chul Koo; Yu, Yun Jeong; Yeon, Kyung Mo; Han, Man Chung [Seoul National University College of Medicine, Seoul (Korea, Republic of)

    1983-12-15

    Fourteen cases of double chambered right ventricle were diagnosed angiographically and of these nine cases were confirmed after operation and autopsy at Seoul National University Hospital in recent four years since 1979. The clinical and radiological findings with the emphasis on the cinecardiographic findings were analysed. The summaries of the analysis are as follows: 1. Among 14 cases, 6 cases were male and 8 cases were female. Age distribution was from 4 years to 36 years. 2. In chest x-ray findings, pulmonary vascularity was increased in 8 cases, decreased in 4 cases, and normal in 2 cases. Cardiomegaly was observed in 8 cases and other showed normal heart size. 3. In cinecardiography, 11 cases had interventricular septal defect. Among these 11 cases, VSD located in proximal high pressure chamber was in 2 cases and located in distal low pressure chamber was in 9 cases. 4. The location of aberrant muscle bundle in sinus portion of right ventricle was in 8 cases. In the rest 6 cases, the aberrant muscle bundle was located below the infundibulum of right ventricle. 5. For accurate diagnosis and differential diagnosis with other congenital cardiac anomalies such as Tetralogy of Fallot or isolated pulmonic stenosis, biplane cineangiography and catheterization is an essential procedure.

  9. Peak regulation right

    International Nuclear Information System (INIS)

    Gao, Z. |; Ren, Z.; Li, Z.; Zhu, R.

    2005-01-01

    A peak regulation right concept and corresponding transaction mechanism for an electricity market was presented. The market was based on a power pool and independent system operator (ISO) model. Peak regulation right (PRR) was defined as a downward regulation capacity purchase option which allowed PRR owners to buy certain quantities of peak regulation capacity (PRC) at a specific price during a specified period from suppliers. The PRR owner also had the right to decide whether or not they would buy PRC from suppliers. It was the power pool's responsibility to provide competitive and fair peak regulation trading markets to participants. The introduction of PRR allowed for unit capacity regulation. The PRR and PRC were rated by the supplier, and transactions proceeded through a bidding process. PRR suppliers obtained profits by selling PRR and PRC, and obtained downward regulation fees regardless of whether purchases are made. It was concluded that the peak regulation mechanism reduced the total cost of the generating system and increased the social surplus. 6 refs., 1 tab., 3 figs

  10. 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 ...

  11. 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...

  12. 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...

  13. Patients as Rights Holders.

    Science.gov (United States)

    Brännmark, Johan

    2017-07-01

    Autonomy and consent have been central values in Western moral and political thought for centuries. One way of understanding the bioethical models that started to develop, especially in the 1970s, is that they were about the fusion of a long-standing professional ethics with the core values underpinning modern political institutions. That there was a need for this kind of fusion is difficult to dispute, especially since the provision of health care has in most developed countries become an ever more important concern of our political institutions, with governments playing a significant role in regulating and facilitating the provision of health care and in many countries even largely organizing it. There is, nevertheless, still room for dispute about how best to achieve this fusion and how to best think about autonomy and consent in a biomedical context. The simplest model we can have is probably about how being a person is largely about having the capacity of autonomous choice and that the main mode through which we exercise autonomy is by providing informed consent. Yet, liberal democracy's core idea that human beings have a high and equal value is also found in other accounts of the person. The human-rights framework provides an alternative model for thinking about personhood and about patient care. The human-rights approach is grounded, not in an account of autonomy (although it has something to say about autonomy), but in an account of the moral and political personhood that people possess merely by being human beings. In this approach, values like dignity and integrity, both highly relevant in a bioethical context, are identified as distinct values rather than being derived from and therefore reduced to respect for autonomous choice. The human-rights approach can supplement the problematic notion of autonomy that has been central to bioethics by placing this notion in a broader, strongly pluralistic framework. © 2017 The Hastings Center.

  14. Homoaffectivity and Human Rights

    Directory of Open Access Journals (Sweden)

    Luiz Mott

    2006-05-01

    Full Text Available The civil union between persons of the same sex is analyzed in this essay through the discussion of the roots of the anti-homosexual prejudice and the fight for the citizenship of gays, lesbians and transgenders in Brazil, and through listing the different manifestations of homofobia in our social environment. We deconstruct the contrary opinions against the homosexual marriage, justifying with etho-historical evidences the extending of equal rights to the couples of the same sex, including the legal recognition of the civil union.

  15. Targeting the right journal.

    Science.gov (United States)

    Piterman, L; McCall, L

    1999-07-01

    While research is scientific, publication is a mixture of science and political pragmatism. Targeting the right journal is influenced by the following factors: the discipline that best represents the subject; the purpose of the message; the audience who are to be recipients of the message; the realities of geographic parochialism; the desire of authors to maximise personal and professional opportunities. If the originally targeted journal rejects the article, authors should have alternative publication strategies that give them professional recognition without requiring them to compromise the message or their ethics.

  16. The Community of Rights

    DEFF Research Database (Denmark)

    Kjærgård, Jonas Ross

    2012-01-01

    be used in a particularistic and excluding way which was the case in the legislation of Maximilien de Robespierre’s Terror Regime. Situated somewhere between inclusion in and exclusion from the community of rights, the playwright and political activist Olympe de Gouges sought to propagate an understanding...... of the natural that could better accommodate women and nonmarital children. Her attempts were futile, however, and in 1793 she was sentenced to death according to a newly written law meant to prosecute enemies of the Republic’s natural community....

  17. Right hepatic artery aneurysm.

    Science.gov (United States)

    Bernal, Astrid Del Pilar Ardila; Loures, Paulo; Calle, Juan Cristóbal Ospina; Cunha, Beatriz; Córdoba, Juan Camilo

    2016-01-01

    We report a case of an aneurysm of the right hepatic artery and its multidisciplinary management by general surgery, endoscopy and radiology services. Being a case of extremely low incidence, it is important to show its diagnostic and therapeutic approach. RESUMO Relatamos um caso de aneurisma da artéria hepática direita conduzido de forma multidisciplinar pelos Serviços de Cirurgia Geral, Endoscopia e Radiologia. Em se tratando de caso de incidência baixíssima, é importante mostrar o enfoque diagnóstico e terapêutico usado em seu manejo.

  18. Territory, Rights and Mobility

    DEFF Research Database (Denmark)

    Zhang, Chenchen

    2014-01-01

    The overarching objective of this dissertation is to conceptualise the spatiality of citizenship through an exposure to its various others – especially to mobile subjectivity. In particular, it examines the changing patterns of territorialising space, distributing rights and regulating mobility...... to the universal, the other legitimating the particular. The politics of mobility is also seen as an endeavour of producing alternative spaces against the territorialised state-centric space to which the imagination of citizenship is usually limited. In discussing a possible global ethics, however, I argue...

  19. Finding the right balance

    DEFF Research Database (Denmark)

    Christensen, Toke Haunstrup

    2011-01-01

    Like in other countries, the number of people living in one-person households is growing in Denmark. From 1981 to 2006 solo-living increased from 16% to 23%. Studies on family life and intimate relations in (late) modernity suggest different explanations for this increase, including the historica...... of individual independence while at the same time sharing the daily life with their partner. In order to secure the “right balance”, they consider different “strategies” such as having “one’s own room” in the shared dwelling or living-apart-together as a permanent solution....

  20. Einstein was right!

    CERN Document Server

    Hess, Karl

    2014-01-01

    All modern books on Einstein emphasize the genius of his relativity theory and the corresponding corrections and extensions of the ancient space-time concept. However, Einstein's opposition to the use of probability in the laws of nature and particularly in the laws of quantum mechanics is criticized and often portrayed as outdated. The author of Einstein Was Right! takes a unique view and shows that Einstein created a ""Trojan horse"" ready to unleash forces against the use of probability as a basis for the laws of nature. Einstein warned that the use of probability would, in the final analys

  1. 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.

  2. Philanthropy and Human Rights

    DEFF Research Database (Denmark)

    Larsen, Øjvind

    2013-01-01

    written about philanthropy from a political, sociological, anthropological and managerial perspective. However, an essential question remains: what does philanthropy mean? In a Greek context, philanthropy is connected to a friendly act towards one’s owns close connections such as family or fellow citizens......, and normally utilized to promote one’s own prestige in the city-state. In Roman context, universal humanism, humanitas, was invented. This universal perspective was also supported by Christianity. It is this universal concept of philanthropy which is the foundation for the different philanthropic traditions...... in Germany, England, France and USA. In each tradition is developed special features of the concept of philanthropy. The four traditions are summarized in the UN universal human rights, which has become the common normative reference for global philanthropy. In this way philanthropy has become, in a modern...

  3. Experiment, right or wrong

    CERN Document Server

    Franklin, Allan

    2008-01-01

    In Experiment, Right or Wrong, Allan Franklin continues his investigation of the history and philosophy of experiment presented in his previous book, The Neglect of Experiment. In this new study, Franklin considers the fallibility and corrigibility of experimental results and presents detailed histories of two such episodes: 1) the experiment and the development of the theory of weak interactions from Fermi's theory in 1934 to the V-A theory of 1957 and 2) atomic parity violation experiments and the Weinberg-Salam unified theory of electroweak interactions of the 1970s and 1980s. In these episodes Franklin demonstrates not only that experimental results can be wrong, but also that theoretical calculations and the comparison between experiment and theory can also be incorrect. In the second episode, Franklin contrasts his view of an "evidence model" of science in which questions of theory choice, confirmation, and refutation are decided on the basis of reliable experimental evidence, with that proposed by the ...

  4. Right bundle branch block

    DEFF Research Database (Denmark)

    Bussink, Barbara E; Holst, Anders Gaarsdal; Jespersen, Lasse

    2013-01-01

    AimsTo determine the prevalence, predictors of newly acquired, and the prognostic value of right bundle branch block (RBBB) and incomplete RBBB (IRBBB) on a resting 12-lead electrocardiogram in men and women from the general population.Methods and resultsWe followed 18 441 participants included...... in the Copenhagen City Heart Study examined in 1976-2003 free from previous myocardial infarction (MI), chronic heart failure, and left bundle branch block through registry linkage until 2009 for all-cause mortality and cardiovascular outcomes. The prevalence of RBBB/IRBBB was higher in men (1.4%/4.7% in men vs. 0.......5%/2.3% in women, P block was associated with significantly...

  5. AIDS and human rights.

    Science.gov (United States)

    Tarantola, D; Mann, J

    1995-01-01

    HIV/AIDS is a health problem that is inseparable from individual and collective behavior and social forces, particularly linked with societal respect for human rights and dignity. In its second decade, the HIV/AIDS pandemic continues to thrive. Where organized communities have access to adequate information, education, and services, the incidence of infection has begun to decline. Elsewhere, HIV continues to reach new populations and new geographic areas. Lessons learned in more than a decade of prevention work point to new directions for expanding national responses, at a time when the UNAIDS program, to be launched in January 1996, offers opportunities for innovative, broad-based, coordinated, and expanded global action. Prevention activities have shown that the spread of HIV can be effectively reduced. Public health interventions, including providing information and applying prevention methods, reduce the probability of infection, the risk of transmission, and the chances of not accessing appropriate care or support once infection has set in. These are proximal interventions that yield the short-term benefits of the decline of incidence and improved quality and duration of life for those infected. Societal vulnerability translates today into the focus the pandemic has on individuals, communities, and nations that are disadvantaged, marginalized, or discriminated against for reasons of gender, age, race, sexual orientation, economic status, or cultural, religious, or political affiliation. A fully expanded response to HIV/AIDS requires a combination of risk-reduction (proximal) and contextual interventions--those directed at reducing vulnerability through social change to enable people to exert control over their own health. Contextual actions can be implemented in the short term (changing laws, policies, practices that discriminate, promoting human rights, developing the most vulnerable communities) and in the long term (cultural changes, gender equality in

  6. Bill project authorizing the approval of the agreement between the French Republic Government and the Government of the Republic of India related to the allocation of intellectual property rights in the agreements on the development of peaceful uses of nuclear energy - No. 4021

    International Nuclear Information System (INIS)

    Juppe, Alain; Fillon, Francois

    2011-01-01

    This document is related to the nuclear cooperation agreement signed in September 2008 between France and India. As this cooperation may have different aspects and lead to different kinds of exchanges between both countries, the allocation of intellectual property rights is an important issue, and has also to deal with the Indian legal context. Thus, this agreement defines the main notions (intellectual property, application agreement, common results, own knowledge), outlines the importance of intellectual property protection, defines the modalities of use of information, outlines the need to foresee a protection for confidential information, addresses the use of information which is already existing or which is produced within the cooperation, and defines the main guidelines for the protection, the allocation and the use of common results obtained within the cooperation

  7. 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…

  8. 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)

  9. 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

  10. 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.

  11. The right balance

    CERN Multimedia

    CERN Bulletin

    2010-01-01

    Over the course of her career as a physicist, Felicitas Pauss, currently responsible for CERN's External Relations, has often been the sole woman in an environment dominated by men. While she freely admits that being a woman physicist can have as many advantages as disadvantages, she thinks the best strategy is to maintain the right balance.   From a very early age, Felicitas Pauss always wanted to be involved in projects that interested and fascinated her. That's how she came to study physics. When she was a first-year university student in Austria in 1970, it was still fairly uncommon for women to go into physics research. "I grew up in Salzburg with a background in music. At that time, it was certainly considered more ‘normal’ for a woman to study music than to do research in physics. But already in high school I was interested in physics and technical instruments and wanted to know how things work and what they are made of”. At the beginning of her care...

  12. Pervasive Application Rights Management Architecture

    OpenAIRE

    Dusparic, Ivana

    2005-01-01

    This dissertation describes an application rights management architecture that combines license management with digital rights management to provide an integrated platform for the specification, generation, delivery and management of application usage rights for pervasive computing environments. A new rights expression language is developed, extended from the existing language, ODRL, which allows the expression of mobile application usage rights and supports fine-grained usage ...

  13. Getting IT right.

    Science.gov (United States)

    Feld, Charlie S; Stoddard, Donna B

    2004-02-01

    Modern information technology started four decades ago, yet in most major corporations, IT remains an expensive mess. This is partly because the relatively young and rapidly evolving practice of IT continues to be either grossly misunderstood or blindly ignored by top management. Senior managers know how to talk about finances because they all speak or understand the language of profit and loss and balance sheets. But when they allow themselves to be befuddled by IT discussions or bedazzled by three-letter acronyms, they shirk a critical responsibility. In this article, the authors say a systematic approach to understanding and executing IT can and should be implemented, and it should be organized along three interconnected principles: A Long-Term IT Renewal Plan Linked to Corporate Strategy. Such a plan focuses the entire IT group on the company's over-arching goals during a multiyear period, makes appropriate investments directed toward cutting costs in the near term, and generates a detailed blueprint for long-term systems rejuvenation and value creation. A Simplified, Unifying Corporate Technology Platform. Instead of relying on vertically oriented data silos that serve individual corporate units (HR, accounting, and so on), companies adopt a clean, horizontally oriented architecture designed to serve the whole organization. A Highly Functional, Performance-Oriented IT Organization. Instead of functioning as if it were different from the rest of the firm or as a loose confederation of tribes, the IT department works as a team and operates according to corporate performance standards. Getting IT right demands the same inspired leadership and superb execution that other parts of the business require. By sticking to the three central principles outlined in this article, companies can turn IT from a quagmire into a powerful weapon.

  14. CRM done right.

    Science.gov (United States)

    Rigby, Darrell K; Ledingham, Dianne

    2004-11-01

    Disappointed by the high costs and elusive benefits, early adopters of customer relationship management systems came, in the post dot-com era, to view the technology as just another overhyped IT investment whose initial promise would never be fulfilled. But this year, something unexpected is happening. System sales are rising, and executives are reporting satisfaction with their CRM investments. What's changed? A wide range of companies are successfully taking a pragmatic, disciplined approach to CRM. Rather than use it to transform entire businesses, they've directed their investments toward solving clearly defined problems within their customer relationship cycle. The authors have distilled the experiences of these CRM leaders into four questions that all companies should ask themselves as they launch their own CRM initiatives: Is the problem strategic? Is the system focused on the pain point? Do we need perfect data? What's the right way to expand an initial implementation? The questions reflect a new realism about when and how to deploy CRM to best advantage. Understanding that highly accurate and timely data are not required everywhere in their businesses, CRM leaders have tailored their real-time initiatives to those customer relationships that can be significantly enhanced by "perfect" information. Once they've succeeded with their first targeted CRM project, they can use it as a springboard for solving additional problems. CRM, in other words, is coming to resemble any other valuable management tool, and the keys to successful implementation are also becoming familiar: strong executive and business-unit leadership, careful strategic planning, clear performance measures, and a coordinated program that combines organizational and process changes with the application of new technology.

  15. A woman's rightful place?

    Science.gov (United States)

    1993-04-01

    Rural development projects in sub-Saharan Africa tend not to succeed because they do not consider women's role and their significance, even though women constitute 70% of agricultural workers, 80% of food producers, 100% of people who prepare meals, and 60-90% do food marketing. Development specialists ignore women because they are not involved in political activities and in decision making. As long as women and women's contributions are not considered, rural development projects will remain inefficient and development will not take place. Thus, projects must include women as agents and beneficiaries of development in key sectors of the economy. Rural development specialists must also consider the effect male labor emigration has on rural women. For example, drought has forced many men to leave their villages, leaving a work force consisting of 95% women to fight desertification. All too often, women have no or limited land ownership rights, thereby keeping them from improving the land, e.g., planting perennial fruit crops. They also tend to be hired hands rather than food producers. They cannot obtain bank loans because they do not own land, and because they are often illiterate (over 90% female illiteracy in 28 African countries), they can neither understand nor complete bank loan forms. Rural development projects further alienate women by aiming training programs to men or by using male agricultural extension agents. Women react to this alienation by rejecting projects that do not benefit them and follow more profitable activities which sometimes interfere with projects. Thus, rural development programs need to invest in women to ensure viable and efficient sustainable development.

  16. Large Right Pleural Effusion

    Directory of Open Access Journals (Sweden)

    Robert Rowe

    2016-09-01

    Full Text Available History of present illness: An 83-year-old male with a distant history of tuberculosis status post treatment and resection approximately fifty years prior presented with two days of worsening shortness of breath. He denied any chest pain, and reported his shortness of breath was worse with exertion and lying flat. Significant findings: Chest x-ray and bedside ultrasound revealed a large right pleural effusion, estimated to be greater than two and a half liters in size. Discussion: The incidence of pleural effusion is estimated to be at least 1.5 million cases annually in the United States.1 Erect posteroanterior and lateral chest radiography remains the mainstay for diagnosis of a pleural effusion; on upright chest radiography small effusions (>400cc will blunt the costophrenic angles, and as the size of an effusion grows it will begin to obscure the hemidiphragm.1 Large effusions will cause mediastinal shift away from the affected side (seen in effusions >1000cc.1 Lateral decubitus chest radiography can detect effusions greater than 50cc.1 Ultrasonography can help differentiate large pulmonary masses from effusions and can be instrumental in guiding thoracentesis.1 The patient above was comfortable at rest and was admitted for a non-emergent thoracentesis. The pulmonology team removed 2500cc of fluid, and unfortunately the patient subsequently developed re-expansion pulmonary edema and pneumothorax ex-vacuo. It is generally recommended that no more than 1500cc be removed to minimize the risk of re-expansion pulmonary edema.2

  17. Philosophical foundations of human rights

    CERN Document Server

    Liao, Matthew S

    2015-01-01

    What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focusses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. 'Secondly, it looks at the implications that different moral perspectives on human rights bear for human rights law and politics. Thirdly, it discusses specific and topical human rights including freedom of expression and religion, security, health and more controversial rights such as a human right to subsistence. The final part discusses nuanced critical and reformative views on human rights from feminist, Kantian and relativist perspectives among others. The essays represent new and canonical research by leading scholars in the field. Each part is comprised of a set...

  18. Right product quasigroups and loops

    OpenAIRE

    Kinyon, Michael K.; Krapež, Aleksandar; Phillips, J. D.

    2009-01-01

    Right groups are direct products of right zero semigroups and groups and they play a significant role in the semilattice decomposition theory of semigroups. Right groups can be characterized as associative right quasigroups (magmas in which left translations are bijective). If we do not assume associativity we get right quasigroups which are not necessarily representable as direct products of right zero semigroups and quasigroups. To obtain such a representation, we need stronger assumptions ...

  19. 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,…

  20. Getting an Answer Right

    Science.gov (United States)

    Moore, John W.

    1999-07-01

    really is.) Or we could ask students to make careful observations as an experiment is being carried out and then decide whether the proposed interpretation was correct. (If the only effect of burning a candle in a beaker inverted in a water bath is to use up the oxygen, then the water should rise slowly and steadily into the beaker as long as the candle burns; it does not.) Getting the right answer is not nearly as important as getting an answer right- exploring and experimenting to eliminate alternative hypotheses and finding the best-supported explanation. Diffusion and the fraction of oxygen in air can be studied with simple, inexpensive equipment, and it is easy for students to experiment with them. If we use them appropriately, these two subjects have great potential for enhancing students' skills in critical thinking and experimental design. Many other phenomena reported in these pages provide similar opportunities. Let's apply our ingenuity and effort to making the most of them. Literature Cited 1. Parsons, L. J. Chem. Educ. 1999, 76, 898. 2. Birk, J. P.; Lawson, A. E. J. Chem. Educ. 1999, 76, 914. 3. Mason, E. A.; Kronstadt, B. J. Chem. Educ. 1967, 44, 740. Kirk, A. D. J. Chem. Educ. 1967, 44, 745. 4. Davis, L. C. J. Chem. Educ. 1996, 73, 824. 5. Westbrook, S.; Marek, E. A. J. Res. Sci. Teach. 1991, 28, 649-660 6. Birk, J. P.; McGrath, L.; Gunter, S. K. J. Chem. Educ. 1981, 58, 804.

  1. 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.

  2. 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 ...

  3. 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...

  4. Teachers and Human Rights Education

    Science.gov (United States)

    Osler, Audrey; Starkey, Hugh

    2010-01-01

    Why do teachers need to be familiar with human rights? In multicultural societies, whose values take precedence? How do schools resolve tensions between children's rights and teachers' rights? Campaigners, politicians and the media cite human rights to justify or challenge anything from peaceful protest to military action. The phrase "human…

  5. Human Rights: The Essential Reference.

    Science.gov (United States)

    Devine, Carol; Hansen, Carol Rae; Wilde, Ralph; Bronkhorst, Daan; Moritz, Frederic A.; Rolle, Baptiste; Sherman, Rebecca; Southard, Jo Lynn; Wilkinson, Robert; Poole, Hilary, Ed.

    This reference work documents the history of human rights theory, explains each article of the Universal Declaration of Human Rights, explores the contemporary human rights movement, and examines the major human rights issues facing the world today. This book is the first to combine historical and contemporary perspectives on these critical…

  6. Teaching Strategy: Comparing Rights Documents.

    Science.gov (United States)

    Shiman, David A.

    1998-01-01

    Engages students in comparing the rights proclaimed in the Universal Declaration of Human Rights (UDHR) with those present in the United States Bill of Rights and other constitutional amendments. Challenges the students to explore reasons for the presence or absence of certain rights and to reflect on the role of the government. (CMK)

  7. Pragmatic Challenges to Human Rights

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2007-01-01

    Pragmatism offers a platform for posing relevant questions. This article uses a pragmatic point of departure to question a natural law conception of human rights and to take a closer look at three pressing human rights problems: The human rights situation in states with little or no state capacity......; the revision and adaptation of human rights law; and the not straightforward relationship betweemn human rights and democracy....

  8. 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.

  9. 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.

  10. 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.

  11. 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

  12. Patient's rights charter in Iran.

    Directory of Open Access Journals (Sweden)

    Alireza Parsapoor

    2014-01-01

    Full Text Available Given the importance of patient's rights in healthcare, special attention has been given to the concept of patient's rights by the Ministry of Health and Medical Education in Iran. Iranian patient's rights charter has been compiled with a novel and comprehensive approach. This charter aims to elucidate rights of recipients of health services as well as observing ethical standards in medicine. This paper presents the Iranian patient's rights charter. Based on a study done from 2007 to 2009, the charter has been finalized through an extensive consultation involving all stakeholders, patients, physicians, nurses, lawyers, patient associations and health policy makers. The developed charter was adopted by the Ministry of Health in December 2009. Iranian patient's rights charter has been formulated in the framework of 5 chapters and 37 articles including vision and an explanatory note. The five chapters concern right to receiving appropriate services, right to access desired and enough information, right to choose and decide freely about receiving healthcare, right to privacy and confidentiality, and finally right to access an efficient system of dealing with complaints which have been explained in 14, 9, 7, 4 and 3 articles, respectively.  The paper concludes that, adopting the patient's rights charter is a valuable measure to meet patient's rights; however, a serious challenge is how to implement and acculturate observing patient's rights in practice in our healthcare system in Iran.

  13. 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 ...

  14. 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.

  15. 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.

  16. Gender and property rights in the commons : Examples of water rights in South Asia

    NARCIS (Netherlands)

    Zwarteveen, M.Z.; Meinzen-Dick, R.

    2001-01-01

    In many countries and resource sectors, the state is devolving responsibility for natural resource management responsibility to ``communities'' or local user groups. However, both policymakers and researchers in this area have tended to ignore the implications of gender and other forms of

  17. A rightly balanced intellectual property rights regime as a mechanism to enhance commercial earth observation activities

    Science.gov (United States)

    Doldirina, Catherine

    2010-09-01

    Earth observation by satellites is one of the developing sectors of space activities with the growing involvement in private capital or actors. This leads to the question of how efficient legal rules governing this activity are. Copyright law is one of the key fields of law applicable to earth observation activities and is the subject of the present analysis. This paper describes the current state of copyright regulations in different jurisdictions. It also addresses the issue of defining earth observation data for the purpose of applying copyright protection to them. Finally, it analyses whether more or less copyright protection would be beneficial for the commercialisation of the earth observation activities, and the distribution and further use of data they produce. The paper is largely based on my current doctoral research. Draft chapter on file with the author.

  18. Critical Theory of Human Rights

    NARCIS (Netherlands)

    Rensmann, Lars; Thompson, Michael J.

    2017-01-01

    International human rights have become an important global norm that has increasingly been incorporated into international law and global conventions. Human rights are a key reference point of mobilizations by diverse groups and international nongovernmental organization (INGOs) in global publics

  19. Rights

    African Journals Online (AJOL)

    work took place in an urban context, initially examining legal aid cases at a ..... imply a potential for flexibility and individual choice making: Margaret from ..... of Ethnography and Social Anthropology,. The University of Aarhus,. Denmark.

  20. 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.

  1. Human Rights/Human Needs.

    Science.gov (United States)

    Canning, Cynthia

    1978-01-01

    The faculty of Holy Names High School developed an interdisciplinary human rights program with school-wide activities focusing on three selected themes: the United Nations Universal Declaration of Human Rights, in conjunction with Human Rights Week; Food; and Women. This article outlines major program activities. (SJL)

  2. Oil companies and human rights

    International Nuclear Information System (INIS)

    Chandler, Geoffrey

    1997-01-01

    This article highlights the need for oil companies in the future to take into account human rights in corporate decision making. The influence oil companies can bring to bear on government violating human rights, excuses for not voicing condemnation of abuses, and the 1948 Universal Declaration of Human Rights are discussed. (UK)

  3. Human Rights and Public Education

    Science.gov (United States)

    Bowring, Bill

    2012-01-01

    This article attempts a contrast to the contribution by Hugh Starkey. Rather than his account of the inexorable rise of human rights discourse, and of the implementation of human rights standards, human rights are here presented as always and necessarily scandalous and highly contested. First, I explain why the UK has lagged so far behind its…

  4. The International Human Rights Muddle.

    Science.gov (United States)

    Machan, Tibor R.

    1979-01-01

    Discusses confusion about the meaning of human rights in the United States. Suggests that welfare rights usurp the more traditional freedom rights of the founding fathers. Contrasts American interpretations with those of the Soviet Union. Journal availability: see SO 507 190. (KC)

  5. General Motors China versus Chery: Disputes Over Intellectual Property Rights

    OpenAIRE

    Shengjun Liu; Juan Antonio Fernandez

    2007-01-01

    Chery, a Chinese domestic car maker, launched a new mini car model, the QQ in July 2003. This was several months earlier than the planned launch date for General Motor (GM)'s new mini car, the Chevrolet Spark. The QQ looked very similar to the Chevrolet Spark but was priced much cheaper. GM claimed that the Chery QQ was a knockoff of the Matiz, a model owned by GM Daewoo. To make matters worse for GM, Chery was aggressively expanding into other countries where GM had a presence. The case was ...

  6. Intellectual Property Rights and Access to Medicines: International Trade Issues

    Science.gov (United States)

    2009-05-28

    the level of market-based incentives they offer for R&D. • Type I diseases (“chronic diseases”), such as cancer, diabetes , and cardiovascular... diabetes , and asthma may be subject to patents.44 Critics of the TRIPS Agreement maintain that implementation of the agreement will affect...customs authorities temporarily halted shipments of generic medicines manufactured in India and in transit to Colombia and Peru via the Netherlands

  7. Transaction Costs, Property Rights, and Organizational Culture: An Exchange Perspective.

    Science.gov (United States)

    Jones, Gareth R.

    1983-01-01

    Applying the language of exchange theory, this paper analyses how organizational culture emerges out of the institutional arrangements developed to regulate the transactions between members. Transaction costs of social exchange, the characteristics and etiology of those institutional arrangements, and three ideal-typical cultural forms are…

  8. Mongolia - Property Rights - Peri-Urban Rangeland Leasing

    Data.gov (United States)

    Millennium Challenge Corporation — This metadata file combines three separately-evaluations which are part of one entity. They include Land Productivity, Phase I, and Phase II. Productivity As part of...

  9. Space Policy Debate - On Space Privatization and Property Rights

    Science.gov (United States)

    Tu, Eugene; Yan, Jerry Chi Yiu

    2017-01-01

    This presentation is intended to acquaint the audience of UC Berkeley and UC Los Angeles students with the mission of NASA, core competencies at Ames, and to provide a framework for further discussion by students of aeronautics and space sciences.

  10. An overview of intellectual property rights in relation to agricultural ...

    African Journals Online (AJOL)

    The majority of the population in developing nations depends on agriculture. Agricultural biotechnology involves genetic modification and promises a number of important benefits, such as improving agricultural yields by increasing the resistance of crops to pests and facilitating them to flourish in harsh natural environments ...

  11. Who Owns What? Unbundling Web Course Property Rights.

    Science.gov (United States)

    Ubell, Robert

    2001-01-01

    Describes the establishment of an online course ownership policy by a faculty committee at Stevens Institute of Technology. Discusses ownership, use, and compensation issues and the concept of unbundling, which recognizes that an instructional object can have different owners depending on how it is being used. Presents the policy recommendations.…

  12. Property Rights Effects on Farmers’ Management Investment in Forestry Projects

    NARCIS (Netherlands)

    Li, J.; Bluemling, Bettina; Dries, Liesbeth

    2016-01-01

    China’s central government has carried out a series of collectivization and de-collectivization attempts of forest tenure over time, which have led to multiple forest tenure arrangements within provinces. This paper investigates the motivation of farmers to maintain forestry under various forest

  13. Parallel trade, pharmaceutical innovation, and intellectual property rights

    OpenAIRE

    Tabata, Ken; Shinkai, Tetsuya; Tanaka, Satoru; Okamura, Makoto

    2005-01-01

    This paper examines how the parallel trade influences the pharmaceutical innovation and welfare. We consider the case where one monopolist in the home potentially sells in the both domestic and foreign markets with different price elasticities of demand. As relevant in the pharmaceutical context, the price of a good sold in the foreign country is determined by the negotiation between the firm and the foreign government. When the parallel trade is allowed, this negotiated foreign price also be...

  14. Coase, externalities, property rights and the legal system

    NARCIS (Netherlands)

    Geerdink, G.C. (Carlie); Stauvermann, P.J.

    2010-01-01

    In this paper we investigate the possible consequences of different institutional settings (in casu the legal system) on externalities and their effect on the efficient allocation of externalities. We investigate whether the restriction of marginally low transaction costs can be relaxed if the legal

  15. Essays on the Economics of Intellectual Property Rights

    OpenAIRE

    Kiema, Ilkka

    2008-01-01

    Väitöskirjassani tarkastelen informaatiohyödykkeiden ja tekijänoikeuksien taloustiedettä kahdesta eri perspektiivistä. Niistä ensimmäinen kuuluu endogeenisen kasvuteorian alaan. Väitöskirjassani yleistän ”pool of knowledge” -tyyppisen endogeenisen kasvumallin tilanteeseen, jossa patentoitavissa olevalla innovaatiolla on minimikoko, ja jossa uudenlaisen tuotteen patentoinut yritys voi menettää monopolinsa tuotteeseen jäljittelyn johdosta. Mallin kontekstissa voidaan analysoida jäljittelyn ja i...

  16. Intellectual Property Rights, Parallel Imports and Strategic Behavior

    OpenAIRE

    Maskus, Keith E.; Ganslandt, Mattias

    2007-01-01

    The existence of parallel imports (PI) raises a number of interesting policy and strategic questions, which are the subject of this survey article. For example, parallel trade is essentially arbitrage within policy-integrated markets of IPR-protected goods, which may have different prices across countries. Thus, we analyze fully two types of price differences that give rise to such arbitrage. First is simple retail-level trade in horizontal markets because consumer prices may differ. Second i...

  17. CBP Intellectual Property Rights (IPR) Annual Seizure Statistics

    Data.gov (United States)

    Department of Homeland Security — Products that infringe on U.S. trademarks, copyrights, and patents threaten the health and safety of American consumers,our economy, and our national security. U.S....

  18. 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.

  19. Discursive Framings of Human Rights

    DEFF Research Database (Denmark)

    What does it mean to be a subject of human rights? The status of the subject is closely connected with the form and rhetoric of the framing discourse, and this book investigates the relationship between the status of the subject and the form of human rights discourse, in differing aesthetic...... and social contexts. Historical as well as contemporary declarations of rights have stressed both the protective and political aspects of human rights. But in concrete situations and conflictual moments, the high moral legitimacy of human rights rhetoric has often clouded the actual character of specific...... interventions, and so made it difficult to differentiate between the objects of humanitarian intervention and the subjects of politics. Critically re-examining this opposition – between victims and agents of human rights – through a focus on the ways in which discourses of rights are formed and circulated...

  20. The Existential Dimension of Right

    DEFF Research Database (Denmark)

    Hartz, Emily

    2017-01-01

    for discussing the existential dimension of right by bringing central parts of Fichte’s and Arendt’s work into dialogue. By facilitating this – admittedly unusual – dialogue between Fichte and Arendt the author explicates how, for both Fichte and Arendt, the concept of right can only be adequately understood......The following article paves out the theoretical ground for a phenomenological discussion of the existential dimension of right. This refers to a dimension of right that is not captured in standard treatments of right, namely the question of whether – or how the concept of rights relates...... as referring to the existential condition of plurality and uses this insight to draw up a theoretical ground for further phenomenological analysis of right....

  1. 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 ...

  2. The nature of human rights

    Directory of Open Access Journals (Sweden)

    Krivokapić Boris

    2016-01-01

    Full Text Available In the first part of the paper, the author points out that, unlike in the past, in our time human rights developed into a fair legal institution, and even a special system. They are formulated and protected both internally and internationally. The second part deals with the approach according to which human rights are part of the so-called. natural law. The author notes that the theory of natural law can not be accepted for many reasons. It is pure construction, which is far from reality, and besides it is unnecessary. Law and thus human rights as a part of it, is a social creation, developing along with the society itself, whereby, in the longer term, advanced norms in the matter of human rights replace obsolete ones. Life and human needs are the ones who impose such development. In the third part the writer notes that since under human rights one can have in mind various things, at least such a special concept and, on the other hand, specific rights, it is not possible to give a single answer to what is the nature of human rights. It is even harder as human rights, have a variety of dimensions - legal, philosophical, ideological, political, economic, social, educational, etc. However, he gives his view of the main characteristics of the modern concept of human rights. In the fourth part, the author notes that, speaking not about the concept, but human rights as such, their main characteristics are that they are: 1 source - belong to anyone on the grounds that he is a human being (general rights or a member specific vulnerable groups (special rights; 2 universal - belong to everyone or all members of vulnerable groups, without any discrimination based on personal characteristics, and on the other hand, the most important such rights shall be recognized in all states; 3 inalienable - one can not give up or else share his basic human rights, such as the right to life, the right to vote, etc.; 4 somewhat different - although, in principle, all

  3. 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.

  4. The right to be loved

    CERN Document Server

    Liao, Matthew S

    2015-01-01

    S. Matthew Liao argues here that children have a right to be loved. To do so he investigates questions such as whether children are rightholders; what grounds a child's right to beloved; whether love is an appropriate object of a right; and other philosophical and practical issues. His proposal is that all human beings have rights to the fundamental conditions for pursuing a good life; therefore, as human beings, children have human rights to the fundamental conditions for pursuing a good life. Since being loved is one of those fundamental conditions, children thus have a right to be loved. Liao shows that this claim need not be merely empty rhetoric, and that the arguments for this right can hang together as a coherent whole. This is the first book to make a sustained philosophical case for the right of children to be loved. It makes a unique contribution to the fast-growing literature on family ethics, in particular, on children's rights and parental rights and responsibilities, and to the emerging field of...

  5. 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.

  6. 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.

  7. 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 ...

  8. 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…

  9. 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…

  10. 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, ...

  11. Right heart on multidetector CT

    Science.gov (United States)

    Gopalan, D

    2011-01-01

    Right ventricular function plays an integral role in the pathogenesis and outcome of many cardiovascular diseases. Imaging the right ventricle has long been a challenge because of its complex geometry. In recent years there has been a tremendous expansion in multidetector row CT (MDCT) and its cardiac applications. By judicious modification of contrast medium protocol, it is possible to achieve good opacification of the right-sided cardiac chambers, thereby paving the way for exploring the overshadowed right heart. This article will describe the key features of right heart anatomy, review MDCT acquisition techniques, elaborate the various morphological and functional information that can be obtained, and illustrate some important clinical conditions associated with an abnormal right heart. PMID:22723537

  12. Exclusive Rights and State Aid

    DEFF Research Database (Denmark)

    Ølykke, Grith Skovgaard

    2017-01-01

    Exclusive rights are granted in order to regulate markets as one of several possible tools of public intervention. The article considers the role of State aid law in the regulation of exclusive rights. Whereas the right of Member States to organise markets as monopolies and the choice of provider...... are regulated by free movement rules and Article 106 TFEU, State aid law regulates the terms of the right to ensure that the beneficiary is not granted an economic advantage. Exclusive rights may be granted on various terms: for a payment, in combination with compensation or as compensation. The two former...... kinds of terms are regulated under State aid law which requires market terms. The granting of exclusive rights as compensation is analysed on the basis of the Eventech judgment, and it is found that when no financial transaction is included in the grant, it resembles a decision to organise a market...

  13. Human Rights and Cultural Identity

    Directory of Open Access Journals (Sweden)

    John-Stewart Gordon

    2015-12-01

    Full Text Available Universal human rights and particular cultural identities, which are relativistic by nature, seem to stand in conflict with each other. It is commonly suggested that the relativistic natures of cultural identities undermine universal human rights and that human rights might compromise particular cultural identities in a globalised world. This article examines this supposed clash and suggests that it is possible to frame a human rights approach in such a way that it becomes the starting point and constraining framework for all non-deficient cultural identities. In other words, it is possible to depict human rights in a culturally sensitive way so that universal human rights can meet the demands of a moderate version of meta-ethical relativism which acknowledges a small universal core of objectively true or false moral statements and avers that, beyond that small core, all other moral statements are neither objectively true nor false.

  14. Public health innovation and intellectual property rights: report of the Commission on Intellectual Property Rights, Innovation and Public Health

    National Research Council Canada - National Science Library

    Dreifuss, Ruth

    2006-01-01

    ..., pharmaceutical companies, scientists and other stakeholders to consider how diseases which disproportionately affect developing countries could best be addressed, and to seek solutions. Our terms of reference made it clear that the focus of our enquiry should be the development of new diagnostics, vaccines and medicines to treat these diseases. But w...

  15. Cardio MRI right heart assessment

    International Nuclear Information System (INIS)

    Genova, K.

    2013-01-01

    Full text: Introduction: In recent years, the evaluation of the function and morphology of the right heart caused increasing interest as right sided dysfunction is an important prognostic factor in many cardiovascular diseases. Modern MRI technique is the method of choice for precise assessment of the morphology and function of the right heart and is increasingly used in routine practice. What you will learn: Selecting appropriate techniques tailored to the morphology and function of right heart and conform to accepted standards is crucial for obtaining diagnostic imaging. This requires, as knowledge of the art of study, and diseases that assessment of right heart is key. The various techniques used and the specifics of the study protocol in the underlying disease leading to right dysfunction, consistent with standards and based on our experience will be presented. Discussion: The function of the right heart and in particular right sided function affects the prognosis of a number of cardiovascular diseases. Right sided morphology and function are assessed in terms of hemodynamic and prognostic significance in a number of heart and lung diseases. This enables clinicians to refine therapy, monitoring the effect of treatment and appropriate adjustment and precise timing invasive procedure or surgery. Knowing the capabilities and limitations of the method, combined with clinically - oriented approach are prerequisites for accurate and informative assessment of the right heart. Conclusion: Cardiac MRI is a method that allows precise , non-invasive and non- ionizing radiation morphological and functional assessment of the right heart, with the evaluation of the pulmonary circulation, which determines its key importance in conditions requiring assessment of right heart

  16. 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.”

  17. 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.

  18. Rights and responsibilities in Darfur

    Directory of Open Access Journals (Sweden)

    Katherine Reyes

    2009-09-01

    Full Text Available A combined UN-military-police-humanitarian initiative hasbeen promoting civic rights and responsibilities among IDPsin order to increase security throughout Kalma camp and itssurroundings.

  19. Kingdom, covenant, and human rights

    Directory of Open Access Journals (Sweden)

    Koos Vorster

    2017-07-01

    Full Text Available This research revisits the idea of a Christian perspective on human rights. Departing from a hermeneutics of trust, this article considers the concept of human rights from the perspective of revelation history. Revelation history departs from the consent of the parts of Scripture, irrespective of differences in dating, original languages, canonical differentiation, cultural, social and historical contexts. Scripture offers a theological unity consisting of various topics which are developed continuing and purposeful throughout the biblical revelation. Two of the major topics in Scripture as they are revealed by a revelation historical survey are the concepts kingdom of God and the covenant of God with God’s people. In this article these two concepts will be used as a foundation for a Christian theory of human rights both as legal human rights and moral human rights. The central theoretical argument of this investigation is that both the concepts kingdom and covenant are essentially about justice and relationships – the justice of the kingdom and the relation between God and humankind, the relation between people and the relation between humans and creation. These relations are the essence of the rights people have, vis-à-vis the authority of the day and other people. These rights, which deal with the orderly maintenance of relationships, can be formalised in legal human rights and should be nurtured and protected by the civil authorities. Christians and churches as moral agents in society have the calling to promote the idea of human rights in constitutional democracies.

  20. The Human Right to Peace

    Directory of Open Access Journals (Sweden)

    Carlos Villán Durán

    2014-10-01

    Full Text Available The international codification of the human right to peace was brought to the United Nations by civil society organizations. The draft declaration submitted to the States has a holistic nature, is very rooted in the international human rights law, and considers peace as the absence of all forms of violence (Santiago Declaration on the Human Right to Peace of 10 December 2010. A working group appointed by the UN Human Rights Council should achieve a new and consensual text to bridge the existing gap between developed and developing States in this field, the former being more supportive of the thesis maintained by civil society.

  1. Current Approach to Child Rights

    Directory of Open Access Journals (Sweden)

    Huseyin Dag

    2015-03-01

    Full Text Available Rights of children, legally or morally all over the world that children are born with; education, health, life, shelter; physical, psychological or sexual exploitation protection of such rights is universal concept used to describethemall. Rights of children is an issue that should be addressed in the concept of human rights. Today, there are many parts of the world that human rights violations, child-size and grew broader, more difficult to intervene in a way that is situated. The idea that children than in adults of different physical, physiological, behavioral and psychological characteristics that continuous growth and improve dawareness that the establishment of thecare of children a society where the problem is and scientific approach everyone with this responsibility should be installed is shaped in Geneva Declaration of Childrens Rights. Today, the international document related to childrens rights is the United Nations Convention on the Rights of the Child adoptedand approved by 193 countries. Child policy in Turkey where 25 million children live is an issue that should be seriously considered. Thus, childrens rights, children working in coordination with the contract on the basis of a policy should be implemented fully. [Cukurova Med J 2015; 40(1.000: 1-5

  2. Transmission rights and market power

    International Nuclear Information System (INIS)

    Bushnell, J.

    1999-01-01

    Most of the concerns about physical transmission rights relate to the ability to implicitly or explicitly remove that transmission capacity from the market-place. Under a very strict form of physical right, owners could simply choose not to sell it if they don't want to use it. Modifications that require the release of spare capacity back into an open market could potentially alleviate this problem but there is concern that such releases would not occur far enough in advance to be of much use to schedulers. Similarly, the transmission capacity that is made available for use by non-rights holders can also be manipulated by the owners of transmission rights. The alternative form, financial transmission rights, provide to their owners congestion payments, but physical control of transmission paths. In electricity markets such as California's, even financial transmission rights could potentially be utilized to effectively withhold transmission capacity from the marketplace. However, methods for withholding transmission capacity are somewhat more convoluted, and probably more difficult, for owners of financial rights than for owners of physical rights. In this article, the author discusses some of the potential concerns over transmission rights and their use for the exercise of various forms of market power

  3. Media rights and media security

    Science.gov (United States)

    Baugher, Mark

    2005-03-01

    Digital Rights Management (DRM) systems typically do not treat rights management as a security problem. DRM uses cryptographic techniques but not security relationships. Instead, DRM systems use "tamper-resistant mechanisms" to discourage unauthorized access to rights-managed content. Although proven ineffective in practice, tamper-resistant mechanisms penalize legitimate customers with added complexity and costs that arise from tamper-resisting data or program code. This paper explores how a security relationship between provider and consumer might be more effective for managing rights to content works on two-way networks.

  4. 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.

  5. A evolução do sistema internacional de propriedade intelectual: proteção patentária para o setor farmacêutico e acesso a medicamentos Evolution of the international intellectual property rights system: patent protection for the pharmaceutical industry and access to medicines

    Directory of Open Access Journals (Sweden)

    Gabriela Costa Chaves

    2007-02-01

    Full Text Available O artigo discute a evolução do sistema internacional de direitos de propriedade intelectual em três fases e as implicações para saúde pública, especialmente para a implementação de políticas de acesso a medicamentos. Durante a primeira fase, caracterizada pelas Convenções de Paris e de Berna, os países signatários determinavam os campos tecnológicos que seriam protegidos ou não. Na segunda fase, com a implementação do Acordo TRIPS pela OMC, os países são obrigados a garantir proteção patentária a todos os campos tecnológicos, inclusive para a indústria farmacêutica. Dentro das suas respectivas legislações nacionais, os países também têm a oportunidade de implementar o acesso às flexibilidades do TRIPS para medicamentos. Com a terceira fase, caracterizada pela negociação e assinatura de acordos comerciais bilaterais e regionais, os países terão que implementar medidas TRIPS-plus que podem ter implicações negativas para as flexibilidades do TRIPS e para políticas de acesso a medicamentos. Os autores concluem que a proposta atual de sistema internacional de direitos de propriedade intelectual favorece os direitos dos detentores de patentes, que deveriam estar em equilíbrio com os direitos à saúde para a população.This article discusses the evolution of the international intellectual property rights system in three phases and the implications for public health, especially for the implementation of policies for access to medicines. During the first phase, characterized by the Paris and Berne Convention, signatory countries defined which technological fields should be protected (or not. Under the second phase, with the enforcement of the WTO TRIPS Agreement, countries are obliged to grant patent protection for all technological fields, including for the pharmaceutical industry. Within their national legislations, countries also have the opportunity to implement access to TRIPS flexibilities for medicines

  6. 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.

  7. 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...

  8. Why the Equal Rights Amendment?

    Science.gov (United States)

    Denmark, Florence L.

    The Equal Rights Amendment proposes to ensure constitutional protection against all legislative sex discrimination. "Separate but Equal" standards, be they legal, social or psychological, are inevitably incompatable with equal protection under the law and act as a barrier to each individual's freedom for self determination. Equal rights,…

  9. Congress' Record on Civil Rights

    Science.gov (United States)

    Javits, Jacob

    1975-01-01

    This testimony, before a public hearing of the New York City Commission on Human Rights in May 1974, focuses on the Voting Rights Act--a law, extended in 1970, which provided for federal registrars in any state or county having a substantial minority population and a literacy test where voter participation fell below 50 percent-which is due to…

  10. A Hierarchy of Human Rights.

    Science.gov (United States)

    Brockett, Charles

    To establish an objective conception of human rights, one must first identify basic needs intrinsic to all people and then determine whether these needs are or can be hierarchically ordered. Many scholars have conducted research on the concept of human needs, particularly in the area of human rights. Among these scholars are Abraham H. Maslow…

  11. The Right to Mothertongue Education

    DEFF Research Database (Denmark)

    Horst, Christian

    2005-01-01

    The article examines how the right to mothertongue education is situated between political pluralism and cultural monism related to different value systems within the construction of the nation state......The article examines how the right to mothertongue education is situated between political pluralism and cultural monism related to different value systems within the construction of the nation state...

  12. The right to be forgotten

    DEFF Research Database (Denmark)

    Jones, Meg Leta; Zeide, Elana; Mai, Jens Erik

    2015-01-01

    The right to be forgotten gained international attention in May 2014, when the European Court of Justice ruled that Google was obligated to recognize European citizens’ data protection rights to address inadequate, irrelevant, or excessive personal information. As of April 14, 2015, Google receiv...

  13. Miseducating Children about Their Rights

    Science.gov (United States)

    Howe, R. Brian; Covell, Katherine

    2010-01-01

    This article concerns educating children in schools about their basic rights under the United Nations Convention on the Rights of the Child. The question we address is the teaching of responsibilities.We point out that although there is no mention of children's responsibilities in the Convention, responsibilities are inherent in the concept of…

  14. Understanding Child Rights in India

    Science.gov (United States)

    Grewal, Imandeep Kaur; Singh, Nandita Shukla

    2011-01-01

    Research Findings: This article traces the status of child rights in India, with special attention to traditional beliefs that have shaped and sustain gender discrimination. The article examines the possibilities and limitations of the newly implemented Right of Children to Free and Compulsory Education Act of 2009 for operating as an equalizing…

  15. Transformation of Rights to Education

    Directory of Open Access Journals (Sweden)

    Ali Tarik GÜMÜŞ

    2012-05-01

    Full Text Available Everyone has the right to education from birth, and this right should be available equally to everyone by the state. Basically, the state imposes important responsibilities in regard to providing education services in respect to the right to life in a manner worthy of human dignity towards individuals directly connected to the right to education.The right to education in the classification of fundamental rights and freedoms found in the second generation or the social and economic rights. After World War II, this right significantly institutionalized andmany new constitutions were enacted. Social and economic rights in constitutions of these states had important responsibilities installed as a constitutional assignment.Usually social and economic rights in constitutions in respect to the criteria "the means of economic dependence" is limited. Yet during this period the states were strongly willing to spend strongly in order to implement the right to education. However, since the mid-1970s, states have fallen into economic crisis. In order to adopt a solution to solve this crisis, there has been an emphasis on neo-liberal ideas. So that states a different approach from that period have led to enter into. In the new era that has survived from this, the process of globalization has accelerated and world-wide, neo-liberal shaped ideas, within the framework have led to the establishment of a new order.During this period globalization is taking shape as a process of international exchange that is characterized by a growing interconnectedness between political, social, cultural and economic systems beyond national borders. Thus in this process, important changes are taking place regarding the right to education. This change process is especially the case with respect to economic globalization. In this context economic globalization refers to a related process: the integration of world financial markets. In this process, as national economies open to

  16. 智慧財產案例有效性判斷爭議 ― 以美國法「爭點排除」為主 Disputed Issues in Deciding the Validity of Intellectual Property Right ― A Focus on Issue Preclusion

    Directory of Open Access Journals (Sweden)

    陳國成 Kuo-Cheng Chen

    2009-12-01

    Full Text Available 我國智慧財產訴訟新制結合民事、刑事、行政訴訟三種訴訟程序,法院就當事人主張或抗辯智慧財產權有應撤銷、廢止之原因者,對其主張或抗辯有無理由自為判斷之結果,引起民事、刑事、行政訴訟關於智慧財產有效性判斷歧異之問題。 智慧財產權有效性判斷歧異爭議或可藉由擴大爭點效之效力,以避免裁判歧異,美國法爭點排除(issue preclusion)相關理論值得加以參考。依智慧財產案件審理法第33條規定,並未明文限制當事人於前案訴訟程序中,就同一撤銷或廢止理由得提出而未提出智慧財權撤銷、廢止之新證據,不得另案主張。是否能防止反覆爭訟,尚有待觀察。而美國法請求排除(claim preclusion)理論,就不同訴訟事件中判斷歧異與反覆爭訟的發生,可發生一定之防止作用,亦可供借鏡。 本文就智慧財產案件審理之管轄及有效性判斷歧異所生爭議相關問題加以討論並提出初步意見,以作為進一步探討及實務之參考。 The new Intellectual Property Case Adjudication Act consists of civil, criminal or administrative actions (three in one. While a party claims or defends that an intellectual property right shall be cancelled or revoked in civil or criminal actions, there are possibilities of contradictions and different litigation may offer solutions to eliminate conflicts on court determinations of validity. Issue preclusion doctrine in case law in America provides relative references to deal conflict of decisions on the validity of intellectual property right. According to the Article 33 of Intellectual Property Case Adjudication Act, there are no limitations for a case to introduce the evidences those could be presented in a prior action on the same grounds for the cancellation or revocation of a registered trademark of patent. It takes time to observe whether the goal could be

  17. The Right to be Forgotten

    DEFF Research Database (Denmark)

    Jones, Meg Leta; Jones, Elisabeth; Zeide, Elena

    The right to be forgotten gained international attention in May 2014, when the European Court of Justice ruled that Google was obligated to recognize European citizens’ data protection rights to address inadequate, irrelevant, or excessive personal information. As of April 14, 2015, Google received...... 239,337 requests to eliminate 867,930 URLs from search results and has removed 305,095 URLs, a rate of 41.5 percent. The right to be forgotten is intended to legally address digital information that lingers and threatens to shackle individuals to their past by exposing the information to opaque data...... processing and online judgment. There are a number of challenges to developing these rights – digital information means and touches so many aspects of life across cultures as they grapple with new policies. The controversial ruling and establishment of such a right, potential for a similar movement in the U...

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

    African Journals Online (AJOL)

    1 INTRODUCTION. A perception exists amongst ... groups.1 The criticisms levelled against Islamic legal precepts, particularly in the aftermath of ... of Islamic legal theory pertaining to the rights of children, particularly the potential of this theory ...

  19. Women's Rights in Human Rights Systems: Past, Present and Future ...

    African Journals Online (AJOL)

    Abstract. In the 2009 Dullah Omar Memorial Lecture, United Nations High Commissioner for Human Rights Navanethem Pillay contextualises many of the issues facing women that were raised in earlier articles.

  20. Consumer Rights as Constitutional Rights - A Comparative Analysis

    African Journals Online (AJOL)

    Mofasony

    1984-07-24

    Jul 24, 1984 ... Therefore, denial of any aspect of development through voluntary or ... Convention on Economic Social and Cultural Rights (ICESCR) which is compulsory ..... Article 51 of the 1978 Spanish Constitution is an illustration of an.

  1. 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

  2. Right colon cancer: Left behind.

    Science.gov (United States)

    Gervaz, P; Usel, M; Rapiti, E; Chappuis, P; Neyroud-Kaspar, I; Bouchardy, C

    2016-09-01

    Prognosis of colon cancer (CC) has steadily improved during the past three decades. This trend, however, may vary according to proximal (right) or distal (left) tumor location. We studied if improvement in survival was greater for left than for right CC. We included all CC recorded at the Geneva population-based registry between 1980 and 2006. We compared patients, tumor and treatment characteristics between left and right CC by logistic regression and compared CC specific survival by Cox models taking into account putative confounders. We also compared changes in survival between CC location in early and late years of observation. Among the 3396 CC patients, 1334 (39%) had right-sided and 2062 (61%) left-sided tumors. In the early 1980s, 5-year specific survival was identical for right and left CCs (49% vs. 48%). During the study period, a dramatic improvement in survival was observed for patients with left-sided cancers (Hazard ratio [HR]: 0.42, 95% confidence interval [CI]: 0.29-0.62, p colon cancer patients, those with right-sided lesions have by far the worse prognosis. Change of strategic management in this subgroup is warranted. Copyright © 2016 Elsevier Ltd. All rights reserved.

  3. Right-handed fossil humans.

    Science.gov (United States)

    Lozano, Marina; Estalrrich, Almudena; Bondioli, Luca; Fiore, Ivana; Bermúdez de Castro, José-Maria; Arsuaga, Juan Luis; Carbonell, Eudald; Rosas, Antonio; Frayer, David W

    2017-11-01

    Fossil hominids often processed material held between their upper and lower teeth. Pulling with one hand and cutting with the other, they occasionally left impact cut marks on the lip (labial) surface of their incisors and canines. From these actions, it possible to determine the dominant hand used. The frequency of these oblique striations in an array of fossil hominins documents the typically modern pattern of 9 right- to 1 left-hander. This ratio among living Homo sapiens differs from that among chimpanzees and bonobos and more distant primate relatives. Together, all studies of living people affirm that dominant right-handedness is a uniquely modern human trait. The same pattern extends deep into our past. Thus far, the majority of inferred right-handed fossils come from Europe, but a single maxilla from a Homo habilis, OH-65, shows a predominance of right oblique scratches, thus extending right-handedness into the early Pleistocene of Africa. Other studies show right-handedness in more recent African, Chinese, and Levantine fossils, but the sample compiled for non-European fossil specimens remains small. Fossil specimens from Sima del los Huesos and a variety of European Neandertal sites are predominately right-handed. We argue the 9:1 handedness ratio in Neandertals and the earlier inhabitants of Europe constitutes evidence for a modern pattern of handedness well before the appearance of modern Homo sapiens. © 2017 Wiley Periodicals, Inc.

  4. Crime victims‘ right to compensation

    Directory of Open Access Journals (Sweden)

    Mrvić-Petrović Nataša

    2012-01-01

    Full Text Available This paper analyzes the most important documents of the United Nations, Council of Europe and the European Union relating to rights to damage compensation (restitution from offender and state compensation. The analysis shows that there is a gradual move from the concept of exercising the rights of victims in favor of a solidaristic model that takes less into account the rights of victims, and more the need to satisfy their legitimate interests. The economic crisis that is undermining the foundations of the welfare state could jeopardize the realization of this concept, especially in those European countries where the criminal justice system focuses solely on the offender, as is the case in Serbia. In such circumstances, regulation which protects the right to compensation, other rights and interests of victims, shall apply only to the extent that serves crime prevention. So it happens that in spite of a suitable normative framework and developments regarding the protection of victims of domestic violence and trafficking, the right to compensation and other rights of the victims do not actually get actualized in practice. In order to overcome this, a systemic reform to the criminal justice system should be undertaken with the aim to redirect the system towards the victim of the offense. Within these reforms a public fund for compensation of the victims of violence should be established and the process of mediation between the victim and the offender with the goal to make a settlement should be regulated, because these mechanisms do not exist in Serbia.

  5. High technology and civil rights

    International Nuclear Information System (INIS)

    Lerche, P.

    1982-01-01

    Court decision reflect the widely felt lack of clarity about the present legal situation in the field of high technology. This confusion is also due to the fact that this legal situation is surrounded by civil rights constellations, which have more and more eroded the contours of our legal system in recent years: Today, civil rights are no longer specific, well-definable bulwarks for the citizen, but are more and more frequently interpreted by the supreme courts as sources of procedural requirements with more or less certain often vague consequences. This shifting of the accent in civil rights towards procedural matters is due to an innate logical necessity, however: The same civil right considered in the same situation, e.g., in planning for high technology, may give rise to very different, even contradictory individual claims. Therefore, one of the main modern objectives of civil rights becoming more and more apparent is the need to reconcile conflicting positions, which makes civil rights a driving force in balancing interests in the easiest possible way. Yet, one of the main deficiencies in this rapidly growing procedural approach is the one-sidedness often to be found as a result of isolated, punctual actions. This misses the objective of achieving adequate harmonization. As examples of such one-sided, isolated civil rights approaches, legal opinions are cited on the so-called public participation (possibility to object for those concerned) in the licensing procedures under the German Atomic Energy Act and for protection against environmental impacts. Quity rightly, this participation of the public is interpreted as an advance protection of civil rights. However, its consequences quite often are exaggerated. (orig.) [de

  6. 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.

  7. Effort rights-based management

    DEFF Research Database (Denmark)

    Squires, Dale; Maunder, Mark; Allen, Robin

    2017-01-01

    Effort rights-based fisheries management (RBM) is less widely used than catch rights, whether for groups or individuals. Because RBM on catch or effort necessarily requires a total allowable catch (TAC) or total allowable effort (TAE), RBM is discussed in conjunction with issues in assessing fish...... populations and providing TACs or TAEs. Both approaches have advantages and disadvantages, and there are trade-offs between the two approaches. In a narrow economic sense, catch rights are superior because of the type of incentives created, but once the costs of research to improve stock assessments...

  8. The Citizen's Right to Effective Information

    DEFF Research Database (Denmark)

    Gøtze, Michael

    Right to information, Charter of Fundamental Rights, European Citizenship, effevtice protection of EU rights......Right to information, Charter of Fundamental Rights, European Citizenship, effevtice protection of EU rights...

  9. 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.

  10. 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

  11. 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

  12. 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...

  13. Why Workers’ Rights Are Not Women’s Rights

    Directory of Open Access Journals (Sweden)

    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.

  14. Patients Bill of Rights Data

    Data.gov (United States)

    U.S. Department of Health & Human Services — Reducing Costs, Protecting Consumers - The Affordable Care Act on the One Year Anniversary of the Patients Bill of Rights For too long, too many hard working...

  15. What Are the Caregiver's Rights?

    Science.gov (United States)

    ANSWERS by heart Lifestyle + Risk Reduction Caregiving What Are the Caregiver’s Rights? Caring for someone you love after a heart or stroke can be hard. The responsibilities and the emotional stress can cause you ...

  16. Scientific Freedom and Human Rights

    Science.gov (United States)

    Munoz, Elisa

    2000-03-01

    As part of her ongoing work monitoring issues at the intersection of science and human rights, Ms. Munoz has highlighted violations of academic freedom in Serbia and Iran, the denial of visas and travel licenses to U.S. and Cuban scientists, interference with scientific freedom in Brazil, Mexico, Russia, and the Ukraine, the use of organs from executed prisoners in China, legislation jeopardizing women's health in Iran, and the closure of centers for the treatment of torture survivors in Turkey. Such violations contravene international human rights principles listed in the Universal Declaration of Human Rights and other international human rights covenants. Ms. Munoz will describe current violations of scientific freedom and the relevant international principles on which these freedoms rest.

  17. Human Rights in the West

    Directory of Open Access Journals (Sweden)

    Jorgen S. Nielsen

    1996-12-01

    Full Text Available One of the areas of conflict between Islam and the West in today’s world is the concern for human rights. This has sometimes been criticized in the Muslim world as a form of neo-imperialism. It is therefore necessary to understand the various dimensions of human rights, and the various phases through which this concern has grown. In the earliest form, it was an assertion of the rights of the landed aristocracy against those of the monarch. The French revolution, with its emphasis on "liberty, equality and fraternity," for all individuals, provided another dimension. There were many occasions on which individual and organized religion came into conflict during the Middle Ages. The experience of World War II, particularly the atrocities of the Nazis, led to the internationalization of individual rights.

  18. Human rights approach to health.

    Science.gov (United States)

    Haigh, Fiona

    2002-04-01

    Adopting human rights approach to health carries many benefits, because it emphasizes the equality of all persons and their inherent right to health as the foundation of the health care system. It also argues that promotion and protection of health are fundamentally important social goals, focuses particularly on the needs of the most disadvantaged and vulnerable communities, balances individual needs with the common good, and so forth. However, it also raises some practical issues, such as organization of interdisciplinary education and work, and different use of the language, which often goes unacknowledged. The relationship between human rights and health is a reciprocal one, and can be beneficial or harmful. For the relationship to be beneficial and successful, the differences between human rights and public health approach to health, centered around the perspective taking, attitudes, and abilities of health professionals, need to be acknowledged and reconciled, and the need for interdisciplinarity adequately fulfilled.

  19. Respecting the right to strike

    CERN Multimedia

    Staff Association

    2015-01-01

    Since two years the representatives of the employers in the ILO, a tripartite multilateral body responsible for guaranteeing the correct application of an international labour code, try to weaken the global work regulations. On the occasion of the Global Day of Action for the right to strike at the invitation of the Geneva community of Union action (Communauté genevoise d’action syndicale) and the Swiss Trade Union Association (Union syndicale suisse) around noon on Wednesday 18th February some fifty staff representatives of international organizations gathered on the place des Nations in Geneva to reaffirm the importance of this fundamental right, too often flouted. A delegation of the CERN Staff Association was also present. In a short speech, the Staff Association said that, while being one of the fundamental human rights, to be efficient the right to strike must be used intelligently. It must be implemented taking into account the sensitivities of the professional environment and r...

  20. 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.

  1. Deconstructing the right to tourism

    Directory of Open Access Journals (Sweden)

    Jordi Gascón

    2016-09-01

    Full Text Available Since the 1980s, the World Tourism Organization (UNWTO has been developing and spreading a discourse that takes tourism to be a right. This paper critically analyses the basis of this idea in order to attempt to scrutinise the aim behind it. The study reaches the conclusion that considering tourism a right helps to legitimise the presence of the UNWTO within the United Nations structure and to defend the interests of tourism capital, to which the organisation has close links.

  2. Academic Freedom as Fundamental Right

    OpenAIRE

    Cippitani, Roberto

    2015-01-01

    [EN] The paper aims at defining in particular the concept of academic freedom within the context of the European legal sources. Even though the idea of a special corporative status for professors was born during the Middle Ages, it was only during the second half of the twentieth century that the Constitutions recognised academic freedom as an individual’s legal right.. Such an individual right is regulated within the category of the freedom of expression, even if it is characteri...

  3. Litigation as TB Rights Advocacy

    Science.gov (United States)

    2016-01-01

    Abstract One thousand people die every day in India as a result of TB, a preventable and treatable disease, even though the Constitution of India, government schemes, and international law guarantee available, accessible, acceptable, quality health care. Failure to address the spread of TB and to provide quality treatment to all affected populations constitutes a public health and human rights emergency that demands action and accountability. As part of a broader strategy, health activists in India employ Public Interest Litigation (PIL) to hold the state accountable for rights violations and to demand new legislation, standards for patient care, accountability for under-spending, improvements in services at individual facilities, and access to government entitlements in marginalized communities. Taking inspiration from right to health PIL cases (PILs), lawyers in a New Delhi-based rights organization used desk research, fact-findings, and the Right To Information Act to build a TB PIL for the Delhi High Court, Sanjai Sharma v. NCT of Delhi and Others (2015). The case argues that inadequate implementation of government TB schemes violates the Constitutional rights to life, health, food, and equality. Although PILs face substantial challenges, this paper concludes that litigation can be a crucial advocacy and accountability tool for people living with TB and their allies. PMID:27781000

  4. Radionuclide diagnostics of right ventricle

    International Nuclear Information System (INIS)

    Zaorska-Rajca, J.

    1993-01-01

    Difficulties in evaluating the right ventricle function motivate to making research into new non-invasive methods. Four radionuclide methods that are used to access the right ventricle have been discussed in this paper: first-pass angiocardiography, gated equilibrium ventriculography with red blood cells labelled in vivo technetium- 99 Tc, ventriculography with radioactive xenon 133 and a computerized single probe. Advantages and disadvantages of using each method have been discussed. RNV 99m Tc method has been recognized as the best one to evaluate RV function. Results of the right ventricle assessment in patients have been discussed in the following clinical groups: chronic cor pulmonale (CP), chronic lung disease without pulmonary arterial hypertension (LD), coronary artery disease (CAD), in patients after infarction (IMA and IMi), dilated cardiomyopathy (KZ) and valvular heart diseases (Wm and Wa). Abnormals in right ventricle function occur with different intensity in all groups, although they no specificity. The highest abnormality occurs in patients with KZ, CP, IMi and Wm, the lowest one - in patients with CAD. Abnormalities are higher in patients with congestive heart failure. In most pathological groups the right ventricle dysfunction is connected with the left ventricle insufficiency. The interdependence between the dysfunction of both ventricles is differs in particular diseases. Assessment of right ventricle function with radionuclide methods plays an important role in diagnosis and control therapy of cardiopulmonary diseases. (author). 385 refs, 48 figs, 6 tabs

  5. Rand, Rothbard, and Rights Reconsidered

    Directory of Open Access Journals (Sweden)

    Kathleen Touchstone

    2010-07-01

    Full Text Available This paper examines rights and the protection of rights from both the minarchist and the anarchist perspectives. The former relies on Objectivist (and Neo-Objectivist perspectives and the latter relies primarily on Murray Rothbard’s views. My view is that government protection as put forth by Objectivists is coercive, as are all methods of financing. However, under anarcho-capitalism, children (and those with diminished capacity who have been killed or abused by their caregivers do not have equal (or any protection under the law. The principle of equal protection is one with which both Objectivists and Rothbard agree. A case is made for government protection of rights under those circumstances. In addition, a case is made for positive rights to parental care for children, and also for government protection of those rights if they have been violated by their caregivers. I also argue for government oversight in instances when the rights of children (and those with diminished capacity have been violated and as a consequence the children (and those with diminished capacity have no alternative means of care.

  6. 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 ...

  7. Awake right hemisphere brain surgery.

    Science.gov (United States)

    Hulou, M Maher; Cote, David J; Olubiyi, Olutayo I; Smith, Timothy R; Chiocca, E Antonio; Johnson, Mark D

    2015-12-01

    We report the indications and outcomes of awake right hemispheric brain surgery, as well as a rare patient with crossed aphasia. Awake craniotomies are often performed to protect eloquent cortex. We reviewed the medical records for 35 of 96 patients, in detail, who had awake right hemisphere brain operations. Intraoperative cortical mapping of motor and/or language function was performed in 29 of the 35 patients. A preoperative speech impairment and left hand dominance were the main indicators for awake right-sided craniotomies in patients with right hemisphere lesions. Four patients with lesion proximity to eloquent areas underwent awake craniotomies without cortical mapping. In addition, one patient had a broncho-pulmonary fistula, and another had a recent major cardiac procedure that precluded awake surgery. An eloquent cortex representation was identified in 14 patients (48.3%). Postoperatively, seven of 17 patients (41.1%) who presented with weakness, experienced improvements in their motor functions, 11 of 16 (68.7%) with seizures became seizure-free, and seven of nine (77.7%) with moderate to severe headaches and one of two with a visual field deficit improved significantly. There were also improvements in speech and language functions in all patients who presented with speech difficulties. A right sided awake craniotomy is an excellent option for left handed patients, or those with right sided cortical lesions that result in preoperative speech impairments. When combined with intraoperative cortical mapping, both speech and motor function can be well preserved. Copyright © 2015 Elsevier Ltd. All rights reserved.

  8. 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

  9. Human rights and the right to abortion in Latin America.

    Science.gov (United States)

    Zúñiga-Fajuri, Alejandra

    2014-03-01

    The scope of this study is to question the fact that in some countries in Latin America (Chile, El Salvador, Nicaragua, Honduras and the Dominican Republic) abortion is still forbidden in all situations. Even after all the debate on this thorny issue, the theory of human rights is not often used in the defense of abortion. This is clearly related to the pervasive, albeit unspoken belief that, due to their condition, pregnant women inherently lose their full human rights and should surrender and even give up their lives in favor of the unborn child. This article seeks to show that an adequate reading of the theory of human rights should include abortion rights through the first two trimesters of pregnancy, based on the fact that basic liberties can only be limited for the sake of liberty itself. It also seeks to respond to those who maintain that the abortion issue cannot be resolved since the exact point in the development of the embryo that distinguishes legitimate from illegitimate abortion cannot be determined. There are strong moral and scientific arguments for an approach capable of reducing uncertainty and establishing the basis for criminal law reforms that focus on the moral importance of trimester laws.

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

    African Journals Online (AJOL)

    MJM Venter

    2017-12-19

    Dec 19, 2017 ... effective remedy for a human rights violation.1 In other words, a victim of a human ... authorities to take responsibility; the absence of legislative ... shall be entitled to compensation from that other person". 3 .... Put in a practical and comparative perspective, there is a great ...... See also Beyleveld 1995 Public.

  11. Human rights and the right to abortion in Latin America

    Directory of Open Access Journals (Sweden)

    Alejandra Zúñiga-Fajuri

    2014-03-01

    Full Text Available The scope of this study is to question the fact that in some countries in Latin America (Chile, El Salvador, Nicaragua, Honduras and the Dominican Republic abortion is still forbidden in all situations. Even after all the debate on this thorny issue, the theory of human rights is not often used in the defense of abortion. This is clearly related to the pervasive, albeit unspoken belief that, due to their condition, pregnant women inherently lose their full human rights and should surrender and even give up their lives in favor of the unborn child. This article seeks to show that an adequate reading of the theory of human rights should include abortion rights through the first two trimesters of pregnancy, based on the fact that basic liberties can only be limited for the sake of liberty itself. It also seeks to respond to those who maintain that the abortion issue cannot be resolved since the exact point in the development of the embryo that distinguishes legitimate from illegitimate abortion cannot be determined. There are strong moral and scientific arguments for an approach capable of reducing uncertainty and establishing the basis for criminal law reforms that focus on the moral importance of trimester laws.

  12. Human Rights and Indigenous Peoples

    Directory of Open Access Journals (Sweden)

    Garth Nettheim

    2009-09-01

    Full Text Available The paper begins by noting the low level of reference to Indigenous Australians in the Commonwealth Constitution at the start of Federation, and goes on to discuss the limits to what was achieved by the 1967 amendments. The situation represents a marked contrast with the USA and Canada in terms of treaties and constitutional recognition. In Australia, particularly during the period of the ‘Reconciliation’ process in the 1990s, important steps were taken by Indigenous Australians to identify items of ‘unfinished business’ in a ‘Statement of Indigenous Rights’. But there has been limited progress to meet these aspirations. And Australian law still lacks a tradition of recognition of human rights generally, let alone Indigenous rights. International law, too, largely lacked recognition of human rights, generally prior to the adoption in 1945 of the Charter of the United Nations. The brief references in the Charter were subsequently developed in a range of declarations and of treaties. These applied to people generally, with scant reference to Indigenous peoples. But, since the 1970s, there has been growing international recognition of the rights of Indigenous peoples under existing declarations and treaties. Since the 1990s, in particular, the UN system has established specific mechanisms for addressing such issues. On 13 September 2007, the General Assembly finally adopted a Declaration on the Rights of Indigenous Peoples.

  13. "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

  14. [Better rights for sick children].

    Science.gov (United States)

    Lie, Sverre O; Rø, Otto Christian

    2012-02-21

    Recognizing that healthy children are the future of Europe and the rights of every child to equitable access to health care which is appropriate, child-oriented and of good quality must be respected; The health and well-being of children are priority goals shared by all member states within the general context of human rights and the specific framework of children's rights; Investments in children's health and wellbeing ensures better outcome for the entire lifespan and may reduce the burden on health and welfare systems, since a significant number of avoidable physical and socio-psychological problems in adult life have their origin in infancy and childhood Effective and efficient child-friendly healthcare contributes to social cohesion

  15. Surface rights on Aboriginal lands

    International Nuclear Information System (INIS)

    McElhanney, W.L.

    1998-01-01

    Several issues regarding access and activity by petroleum industry on Aboriginal and Metis lands are discussed. Some alternative means by which both industry and Aboriginal groups can approach the matter of surface rights are presented. A historical account of how surface rights have been interpreted in the past was given. It was emphasized that the approach to surface rights compensation and negotiation for both aboriginal and industry parties must begin with adequate consultation. Rigid adherence to the usual past practice of geologically identifying locations, surveying and requesting a lease will no longer suffice. The aboriginal community must be consulted with as much lead time as possible, even assisted financially to identify traditional use areas that require protection, or cannot be disturbed, or require particular mitigation measures. Once this has been done, the operator can proceed to outline the scope of his project, detailing the timing, location, business and employment opportunities and other economic opportunities to the community. 21 refs

  16. Poverty, disability and human rights

    Directory of Open Access Journals (Sweden)

    Beatriz Martínez Ríos

    2013-07-01

    Full Text Available It is estimated that persons with disabilities represent 15% of the world population. There is a strong link between poverty and disability. Population with disabilities is among the most disadvantaged and discriminated. However, development economic theories have forgotten essential matters about this population, contributing towards their invisibility and poverty. The Capability Approach from a Human Rights based approach brings us a new dimension. The extraordinary costs that arise from a disability and from the psychological, physical and social barriers that persons with disabilities face, contribute to their poverty, lack of freedom and vulneration of human rights, as put forward by current studies on this subject. International co-operation becomes a very valuable tool to be used for the promotion of the rights of persons with disabilities and overcoming poverty.

  17. The Right for Deducting VAT

    Directory of Open Access Journals (Sweden)

    Constantin Sergiu-Bogdan Constantin

    2017-01-01

    Full Text Available Romania must comply with the VAT Directive, the judgments of the Court of Justice of theEuropean Union and the European Court of Human Rights on VAT matter, that includes the matterof VAT deduction. The right to deduct VAT, in principle, cannot be limited for a taxable person andit is an abuse of law made by tax authorities when refusing this right. There are exceptions though,when the substantive and/or formal requirements are not met, the taxable person was involved in aVAT fraud or its supplier incorrectly drawn-up the invoice. The substantive requirements are: thepurchases must be from a taxable person and must be used for taxable activities. The formalrequirements are the obligations relating to accounting, invoicing and tax declarations. If taxauthorities discover a VAT fraud or/and that a VAT liability has not been declared they must takeimmediate measures, impose compliance and collect the corresponding sums from the responsibleperson.

  18. Animal rights and environmental terrorism

    Directory of Open Access Journals (Sweden)

    Steve Cooke

    2013-09-01

    Full Text Available Many paradigmatic forms of animal rights and environmental activism have been classed as terrorism both in popular discourse and in law. This paper argues that the labelling of many violent forms of direct action carried out in the name of animal rights or environmentalism as ‘terrorism’ is incorrect. Furthermore, the claim is also made that even those acts which are correctly termed as terrorism are not necessarily wrongful acts. The result of this analysis is to call into question the terms of public debate and the legitimacy of anti-terrorism laws targeting and punishing radical activism.

  19. Human Rights in the Humanities

    Science.gov (United States)

    Harpham, Geoffrey

    2012-01-01

    Human rights are rapidly entering the academic curriculum, with programs appearing all over the country--including at Duke, Harvard, Northeastern, and Stanford Universities; the Massachusetts Institute of Technology; the Universities of Chicago, of Connecticut, of California at Berkeley, and of Minnesota; and Trinity College. Most of these…

  20. What's Wrong with "Animal Rights"?

    Science.gov (United States)

    Morrison, Adrian R.

    1992-01-01

    School leaders must withstand the pressures of the animal rights movement to disrupt the science curriculum. It would be tragic if this movement succeeded in turning a large number of students against the legitimate use of animals and, ultimately, against biomedical research. (MLF)

  1. Indigenous rights, performativity and protest

    NARCIS (Netherlands)

    Hanna, Philippe; Langdon, Esther Jean; Vanclay, Frank

    Protests to claim rights are a common practice among Indigenous peoples of the world, especially when their interests conflict with those of nation states and/or multinational corporations regarding the use of their lands and resources. Drawing on a case study of the National Indigenous Mobilization

  2. Bioethics, Human Rights, and Childbirth.

    Science.gov (United States)

    Erdman, Joanna

    2015-06-11

    The global reproductive justice community has turned its attention to the abuse and disrespect that many women suffer during facility-based childbirth. In 2014, the World Health Organization released a statement on the issue, endorsed by more than 80 civil society and health professional organizations worldwide.The statement acknowledges a growing body of research that shows widespread patterns of women's mistreatment during labor and delivery-physical and verbal abuse, neglect and abandonment, humiliation and punishment, coerced and forced care-in a range of health facilities from basic rural health centers to tertiary care hospitals. Moreover, the statement characterizes this mistreatment as a human rights violation. It affirms: "Every woman has the right to the highest attainable standard of health, which includes the right to dignified, respectful health care throughout pregnancy and childbirth."The WHO statement and the strong endorsement of it mark a critical turn in global maternal rights advocacy. It is a turn from the public health world of systems and resources in preventing mortality to the intimate clinical setting of patient and provider in ensuring respectful care. Copyright 2015 Erdman. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  3. The diffusion of constitutional rights

    NARCIS (Netherlands)

    Goderis, B.V.G.; Versteeg, M.

    Constitutions are commonly regarded as uniquely national products, shaped by domestic ideals and politics. This paper develops and empirically investigates a novel hypothesis, which is that constitutions are also shaped by transnational influence, or “diffusion.” Constitutional rights can diffuse

  4. Emerging Issues in Women's Rights.

    Science.gov (United States)

    Journal of Intergroup Relations, 1984

    1984-01-01

    Provides a summary of discussion at an international conference of human rights professionsls in 1982. Covers a wide range of subjects, from women's access to positions of economic power, to day care facilities as a means of expanding choices of both women and men who work in or out of the home. (KH)

  5. Composing Europe's Fundamental Rights Area

    DEFF Research Database (Denmark)

    Storgaard, Louise Halleskov

    2015-01-01

    The article offers a perspective on how the objective of a strong and coherent European protection standard pursued by the fundamental rights amendments of the Lisbon Treaty can be achieved, as it proposes a discursive pluralistic framework to understand and guide the relationship between the EU...

  6. Athletic Eligibility: Right or Privilege?

    Science.gov (United States)

    Reeves, Kimberly

    1998-01-01

    Berkeley High School, with the nation's largest sports program, had numerous student eligibility violations in 1997. Many districts are defending the validity of their eligibility practices, as parents push harder for their children's right to compete on school teams. This article covers legal battles, competitive environments, legislative…

  7. The Price Is Right Again

    Science.gov (United States)

    Burks, Robert E.; Jaye, Michael J.

    2012-01-01

    The "Price Is Right" ("TPIR") provides a wealth of material for studying statistics at various levels of mathematical sophistication. The authors have used elements of this show to motivate students from undergraduate probability and statistics courses to graduate level executive management courses. The material consistently generates a high…

  8. Defendants' Rights in Criminal Trials.

    Science.gov (United States)

    Martin, Ralph C., II; Keeley, Elizabeth

    1997-01-01

    Reviews the protections afforded by the Constitution for defendants in criminal trials. These include the right to a jury trial (in cases of possible incarceration), an impartial jury, and the requirement of a unanimous verdict. Defends the use of plea bargaining as essential to an efficient criminal justice system. (MJP)

  9. Measuring the Right to Education

    Science.gov (United States)

    Friboulet, Jean-Jacques, Ed.; Niamego, Anatole, Ed.; Liechti, Valerie, Ed.; Dalbera, Claude, Ed.; Meyer-Bisch, Patrice, Ed.

    2006-01-01

    Amartya Sen defined development as the creation of capabilities or capacities. One of the crucial capacities is basic education. With no access to writing, reading and numeracy, people are unable to fight against poverty and to build their lives in the current global environment. In this perspective, the right to education cannot be conceived only…

  10. Right to Food and Agrofuel

    Science.gov (United States)

    A 54 page FAO study has been released exploring the impact of biofuel production expansion on the availability of adequate food for human nutrition and the underlying human right to food focused on the avoidance of hunger. The report concludes that liquid biofuel production has ...

  11. The Individual's Right to Choose

    DEFF Research Database (Denmark)

    Scheuer, Steen

    2008-01-01

    in collective agrements. This kind of innovation has been highly controversial in the union movement, but in 2007, the bargaining parties in manufacturing decided to take something of a leap ahead with respect to opportunities of individual choice by employees. The paper will describe the novel employee rights...

  12. Bioethics and international human rights.

    Science.gov (United States)

    Thomasma, D C

    1997-01-01

    Noting how the spread of medical technology is creating clashes with traditional values and within cultures, the author addresses the clash between Western rights-based incentives, as used by the United Nations to guarantee respect for life and dignity, and communitarian traditions. He proposes a mean between wholesale cultural relativism and international absolutism.

  13. Rights & Responsibilities. Personnel Management Module.

    Science.gov (United States)

    Barker, Gale; And Others

    This module on rights and responsibilities is intended to introduce the hospitality manager or supervisor to sound personnel management practices that comply with the law. The material is presented in a self-instructional format in seven sections. At the beginning of each section is a statement of the objectives that will be achieved as a result…

  14. The Right Brain: Surviving Retardation

    Science.gov (United States)

    Science News, 1977

    1977-01-01

    Describes two studies of brain hemisphere development which indicate children retarded in the functions of one hemisphere may not be retarded in the functions of the second hemisphere. Suggests that the left hemisphere functions may inhibit some right hemisphere functions. (SL)

  15. ''Natural'' left-right symmetry

    International Nuclear Information System (INIS)

    Mohapatra, R.N.; Pati, J.C.

    1975-01-01

    It is remarked that left-right symmetry of the starting gauge interactions is retained as a ''natural'' symmetry if it is broken in no way except possibly by mass terms in the Lagrangian. The implications of this result for the unification of coupling constants and for parity nonconservation at low and high energies are stressed

  16. Nutrition, health and human rights.

    Science.gov (United States)

    Brundtland, G H

    1999-07-01

    This paper presents the speech delivered by Gro Harlem Brundtland, Director-General of WHO, on issues related to nutrition from a health and a human rights perspective. According to Brundtland, nutrition is a universal factor that both affects and defines the health of all people. It affects not only growth and physical development of a child, but also his cognitive and social development. However, inequity, poverty, underdevelopment, as well as inadequate access to food, health and care still exist which have resulted to the deaths of millions of children and left many more suffering from diseases. Poverty has also been identified as the main obstacle to the attainment of health. The existence of structural poverty and ill health eventually leads to poor development, which includes poor nutrition, poor health, and poor human rights. The impact of poverty on health is further worsened by discrimination on the basis of race, color, sex, language, or religion. To address this issue, the WHO will renew their focus on the political and legal links between health and human rights. A human rights perspective provides the international community with an opportunity to support the development of public health policies and practices that promote healthy nutrition as a center of all social and economic development.

  17. Educational Quality Bill of Rights

    Science.gov (United States)

    Center for Law and Education (NJ3), 2009

    2009-01-01

    This paper presents two forms of the Educational Quality Bill of Rights (EQBR). The first is a "one-page version", with a very brief single sentence identification of a key element of quality education in response to each of the key questions about the school (covering standards/learning goals, curriculum, instruction, etc.). The second is a "much…

  18. Supporting networks for realizing rights

    DEFF Research Database (Denmark)

    Wilson, Fiona

    2005-01-01

    The chapter explores how DFID, the British bi-lateral aid donor, adopted an innovative rights' based approach that rested on supporting in existing networks in Peru. Focus is put on the history and challenges of DFID's engagement with three networks in particular: in the fields of health, local...

  19. Supporting rights and nurturing networks

    DEFF Research Database (Denmark)

    Wilson, Fiona; Eyben, Rosalind

    2006-01-01

    The article explores how a bilateral aid donor (British DFID) managed their organizational and relational work when the local office (in Peru) put rights at the centre of their policy. Taking the example of DFID support to alternative thinking in the health sector, critical questions are raised...

  20. Right the first time in the right place

    International Nuclear Information System (INIS)

    Lartisien, Michel

    1989-01-01

    FRAMATOME's effort to train the personnel has always been very important and has never slackened. However, traditional training methods with qualified lecturers addressing groups of twelve to eighteen people, with circumstantial lectures, exercises and tests on selected subjects are no longer convenient for maintenance activities. Owing to site locations and specific periods of time for refueling and maintenance activities (summertime) training must be arranged anytime and on the spot, for maintenance personnel. So computer-aided training systems have been developed to help perform right the first time in the right place. Each agent sits in front of the console, alone like in most of his activities. He reviews the process on the TeV screen in the same conditions as on the spot and can even simulate operations ; he must sometimes answer questions and get the right answer or comes back to the beginning of the sequence concerned. This system is also used for personnel indoctrination and training in QA principles as well as QA practices, demonstrated by using a combination of video films, simulated actions and paper supports. The system allows to test each individual's performance and acquisition of knowledge as a criterion for qualification