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The Restriction of IPRs by EU Competition Rules

für 44.10€ kaufen ···· Rheinberg-Buch.de - Bücher, eBooks, DVD & Blu-ray
Being the two different branches of Law the Intellectual Property and Competition Law are closely related with each other thanks to the developing world-wide markets. Both serving to amelioration of the global economy and innovation, a possible conflict might occur simply because of their nature. While Intellectual Property rights bestow the right holder a `monopoly` over his right, Competition rules intervene to the right holder`s monopoly in order to protect and balance the competition market. The important element is regulating and drawing the line to restrict IPRs. To maintain the free-market and free-trade in the European Union, this balance between the Intellectual Property Rights and Competition Rules is certainly crucial. In cases of IPRs being scrutinized under EU Competition Rules, the Exhaustion of Rights principle came out as a protection measure. Therefore this research examines the interactions of Competition and Intellectual Property Law and the scope of Competition Policy to be applied on the IPRs along with the case-law in the European Union and the Exhaustion of Rights principle. ····· 1036199982

Some aspects regarding the public pension in Romania

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This work is presenting some forecasts of key developments aggregate of public pension system under transition of the Romanian economy from the status of `in transition` to the market economy - necessity, implementation and immediate effects. In the same time, is presenting theoretical-methodological bases of the macroeconomic forecasting model, the labour market and population - MITGEM, the impact of EU integration on macro-economic developments of the main variables influencing the profitability of pension funds alternative forecast scenarios - as the main way of operating the MITGEM model. Also, is presenting the prospective of the main variables of pension system structure of the model scenarios within MITGEM, average pension, the average retirement pension, disability pension and survivor`s pension in Romania. ····· 1036199905

Performance Bond: Conditional or Unconditional

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In construction contracts, a `performance bond` is a bond taken out by the contractor, for the benefit of and at the request of the employer, in the event of the contractor`s default, repudiation or insolvency. There are two types of performance bonds: Conditional bond or default bond, whereby the surety accepts `joint and several` responsibility for the performance of the contractor`s obligations under the contract and Unconditional bond or on-demand bond, which is a covenant by the surety to indemnify the employer following contractor`s default, subject to stated terms and up to a sum commonly 5% of the main contract sum. However, in Malaysia, the question of whether the performance bond in a construction contract is a conditional or an unconditional guarantees is one of the issues relating to performance bond that has been discussed. Thus, in order to determine the types of performance bond applicable in a contract, a thorough understanding of the content of the bond is required. Therefore, the objective of this research is to determine the phrase(s) in the Performance Bond in a construction contract that determine whether the performance bond is a conditional or unconditional. ····· 1036199798

Land Reform and Human Rights in Post Colonial States

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This study examines a subject that evokes the strongest emotions and has potential at once to trigger the most egregious violations of human rights as well as to promote and further the cause of human rights in a big way - land reform in post-colonial States. In post-colonial States (mainly in Africa, Asia and Latin America) land is central to past and current conflicts as well as conflict-resolution strategies. For post-colonial States achievement of national independence has often been associated with the removal of institutional hangovers from the past, which may include land reform. This study establishes that land reform does not inherently have an adverse impact on human rights and that it is possible to carry out land reform programs in a human rights respecting way. For sustainable land reform programmes to take place a pro-human rights way, the critical challenge is not a development of new frameworks within the human rights system, but simply to validate existing human rights principles. ····· 1036199774

Information in Vietnamese Youth Sentencing

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This book derives from the author`s thesis submited in partial fulfilments of the University of the West of England, Bristol for the degree of Doctor of Philosophy. It develops and applies a rational decision-making model to the youth justice process up to, and including, the sentencing stage. In principle this model is, and should be, universal and suitable for analysing and assessing the rationality of sentencing (in terms of available information necessary for rational decision-making) in different jurisdictions with different procedural traditions. By applying the model to youth sentencing in Vietnam and in England and Wales, this book identifies problems in each. Given that both Vietnam and England and Wales require a rational youth sentencing process in order to fulfil their international obligations, the book identifies the pre-sentence report in England and Wales as an appropriate tool for providing sentencers with the information necessary for rational sentencing, and argues that suitably adapted it may assist Vietnam in complying with its international obligations. ····· 1036199722

Insurance Intermidiaries in Ethiopia: The Law and the practice

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Insurance intermediaries, that originated and developed with the origin and development of insurance, are professionals who bridge the gap between the consumer and the insurers. The four types of insurance intermediaries are: an insurance agent insurance broker, insurance loss assessors or loss adjustors and insurance surveyors. The book confirms that they are agents of the insurer or the insured and owed duties to perform independently on behalf of the principals. The book focuses on the types and forms of insurance intermediaries, the regulation of their functions, their rights, duties and liabilities. The research was carried out by conducting interviews and paying visits and then evaluating it against the internationally accepted rules and principles. The sector is at its enfant stage of development and confusion between the insurance surveyor and assessor or adjuster is noticed. The book identified that there is no developed system of supervision. Agency contracts are not made in the form the law requires, mainly oral contracts are made with regard to insurance assessors, and letter of appointment is used in case of brokers. ····· 1036199703

The ICC in Political Conflict Management: A case of Africa

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This book investigates the origins of the process for the creation of a permanent international tribunal to enforce the international criminal concept of individual criminal responsibility.it analyses influencing dynamics specific to particular states posits that the criticism facing ICC-Africa relations is, in the main, to be appreciated as an outcome of the unfair power imbalances that abound in the larger framework of international relations and how it in turn, impacts on International law.conclusively conceives that the success of the ICC in impacting on Political Conflict Management will largely depend on how it rectifies the flaws within its founding statute whilst engaging multi-pronged approaches that prioritize conflict prevention alongside criminal prosecutions. ····· 1036199594

Promoting and Protecting Human Rights by the United Nations

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This book focuses on the human rights situation in Uganda. it encompasses the various rights, looks at the formation of the UN as a body which facilitates protection of human rights, the role it has played to protect and promote these rights, the challenges it has encountered, areas that are lacking and advises on the way forward to enable the proper enjoyment and realization of human rights in Uganda. ····· 1036199561

Plain language, consumerism and reform of South African contract law

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When looking at the history and development of the plain language movement and the contextual approach to contract interpretation it is clear that contract law has come a long way from its rigid Roman past. This study not only aims to look at the past, present and future of contract law in South Africa. It sets out to prove that plain language contracts are not only enforceable (under the new contextual approach to interpretation) but that they are now a prerequisite in the realm of consumer contracts worldwide. Legalese is now not only becoming outdated, but also illegal and no one can afford to ignore the rapid changes that are happening every day. By looking at the different definitions, benefits, criticisms, techniques and legislative requirements pertaining to plain language it gives an idea of what drafters should be aware of when drafting legal documents. The aim is to paint a picture of what universal modern contract law and modern legal language are and how it is reshaping contract law in South Africa and around the world. ····· 1036199247

Treatment of INsane Offenders in Ethiopia:the Law and the Practice

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Needless to say criminal responsibility follows intention. Insanity defence is among the widely criticized and debatable concept wirld wide.This thesis is a critical over view of administration of insanity defence in ethiopia with reference to domestic legislations and international obligations of the contry. Intring to do so practical problems in the administration of insanity defence esecially, those the institutions are facing, are assessed and critically evaluated. ····· 1036199221

Protecting the Rights of Traditionally Intellectual

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It has been a topic of serious debate on multiple fronts- whether the right to use traditional knowledge falls in IPR regimes or not Traditional knowledge consists of information in the public domain as well as trade secrets and one wants to ensure that benefits arising from the utilization of genetic resources are shared in a fair and equitable manner among the stakeholders. Despite serious attempts across multiple fora, it has been difficult to develop an international system to protect human knowledge per se. The time has come to move beyond talk of IPR and into doing something about protecting indigenous knowledge and values. This book explores the effectiveness of current IPR mechanisms in protection of traditional knowledge and attempts to propose a sui-generis model- that respects indigenous concerns and rights for global use of traditional wisdom. ····· 1036199219

Restructuring the Indian Police System

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The Indian society is passing through a transient phase of social change with many new challenges emerging to redefine the role of police functions. With the existing structure the gap between police and administration on one side and people on the other is widening. The main legal instrument which presently governs the Indian Police Forces is the Indian Police Act, 1861 and any discussion on Police Reforms in India gravitates towards the reformation of this Act. Looking to the rampant instances of corruption, lack of transparency, no feed-backs on complaints, no time-bound response, delay in the administration of justice etc. by the public authorities and also the advancements in the Internet and other telecommunication technologies have created an imminent need for strengthening the Indian Police Act, the Code of Criminal Procedure, the Indian Evidence Act Indian Penal Code and other applicable laws to fill-in the widening gap in the delivery of criminal justice system in India. The author has opined the need for implementing the police reforms on expeditious basis to ensure greater transparency, accountability, and efficiency in the system. ····· 1036199188

Saving Book

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After the down fall of the unitary Government of Derg, Ethiopia has adopted Federal Government on the basis of ethnicity. Following this period ethnic and inter-ethnic conflicts and grievances have become exacerbated.Federal system conceived as mechanism to manage inter-ethnic conflict. It also argued that ethnic based federalism is the right way to peace and security, development, and to ensure unity in diversity among diverse ethnic groups in Ethiopia. The communities in the study area had a long history of peaceful co-existence and communal ties such as inter-marriage, however, disputes and incidences of violent conflicts have been observed after the formation of ethnic based federal system in Ethiopia. The merits of ethnic federalism particularly as mechanisms to minimize ethnic tension and conflicts and the opportunities and challenges with ethnic based federal system critically examined. Different methods were employed to convey sustainable peace and security, and to restore the community to peaceful co-existence but failed to bring any effect in Ethiopia. ····· 1036199122

Nature and kinds of inchoate offences

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The word `inchoate`, not much used in ordinary discourse, means `just begun`. The common law has given birth to three general offences which are usually termed `inchoate` or `preliminary` crimes- attempt, conspiracy and incitement. A principal feature of these crimes is that they are committed even though the substantive offence (i.e. the offence it was intended to bring about) is not completed and no harm results. It must be noted that attempt, abetment and conspiracy is made punishable both under Indian Penal Code, 1860 in India and under English Law. In India there are both specific and general provisions whereas, in England it is now defined and punished in the Criminal Attempts Act 1981 and conspiracy in part I of the Criminal Law Act, 1977, as amended by the Criminal Attempts Act, 1981 Incitement remains a common law offence. The object of the paper is to explain the concept and kinds of offences which can be made punishable even if they are not committed or their commission is rendered impossible. ····· 1036198963

Assessing an ASEAN Human Rights Regime

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Human rights have always been a sensitive issue amongst the states in Southeast Asia and in large absent on the agenda of the Association of Southeast Asian Nations (ASEAN). The overall purpose with this study is to examine the recently established human rights regime within ASEAN, consisting of the ASEAN Charter, the ASEAN Intergovernmental Commission on Human Rights (AICHR), and the ASEAN Commission on the Promotion and Protection of Women and Children (ACWC). Can this human rights regime have any effective impact on state behaviour In an attempt to assess this issue, the author examines (1) the history and approaches to human rights in the Southeast Asian region with ASEAN as the framework for human rights cooperation (2) international standards for human right regimes in general and how they can be assessed (3) and, against this framework, the ASEAN Charter and the Terms of Reference (ToRs) to the AICHR and ACWC. What institutional framework does the ASEAN Charter create and what potential measures can the commissions adopt to engender a framework for human rights protection in the region ····· 1036198612

Disability Research

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The evaluation of the implementation of disability policies is a result of the low rate of public participations in the Eastern Cape Provincial Legislature s programs as well as the low number of disabled persons who are employed. Institutions like Parliaments and Legislatures are law making institutions, some of their tasks in to attract comments, suggestions and ideas from all interested parties to participate in the law making process. They also have a responsibility to conduct vigorous oversight over the provincial government departments this includes issues like compliance with the relevant policies and regulations. The data was collect from three different groupings namely the staff of ECPL, the members of provincial legislature as well as the general public which includes disabled persons. It was clear from the findings that the management and the MPL, who are decision makers of the institution, have a very shallow knowledge of the disability policies and regulations. There is a disability strategy which was made for all the legislatures and National Parliament however the strategy has not been implemented in ECPL. ····· 1036198587

Doha Trade Talks

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This study examines the legal regime for Agricultural Tariffs and Subsidies and how it has derailed Doha Trade Talks. It also analyzes their implications, explores arguments advanced in favor and against agricultural liberalization and makes recommendations to the negotiators. The GATT 1947 did not prohibit subsidies and tariffs in Agriculture. It was only during the Uruguay Round that Members committed themselves to liberalize agriculture. Despite these commitments however, farm subsidies remain at obscene levels in OECD countries, including developed countries. This has undermined the current Doha trade talks as developed countries exhibit unwillingness to end farm subsidy support which perpetrates dumping and affects the incomes of farmers in developing countries as a result of price suppressions. By way of retaliation, developing countries have refused to open up their markets as a protectionist measure to protect their infant economies. ····· 1036198270

American Prison Life in Literature of the 20TH Century

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American prisons for men are places of violence and degradation. This is a picture of that life. Most Americans view prisons as totally alien from the society which they inhabit. There is a crisis in American prisons, however, and it needs to be better understood because of the over two million people in prison, 95% will return to society. An examination of prison life, gleaned through the writings of prisoners, ex-convicts, guards, wardens, and prison personnel reveals a world similar to non-prison America. It is part of the social landscape and reflects the social relationships of men and women. Given the absence of women in male prisons, a gender order is created, mostly through male-on-male rape, in which men dominate `women,` and a male hierarchy is established wherein strong males dominate the weak. These relationships between men are part of the prisoners` code, and are tolerated, and at times tacitly encouraged, by prison administrators who are desperate to keep control of their prisons. The result is that prisoners who return to society are often meaner, angrier, more psychotic and violent than when they entered prison. ····· 1036192614

A Critical Analysis of Legal Framework on Climate Change

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Owing to the recent challenge presented by climate change, there have been steps taken to combat the challenge by the international community. This thesis focuses on the gap between the international legislation and the domestic legislation in Uganda as regards climate change. More particularly are the lacunas that are eminent in the existing environmental legislation in Uganda. The thesis is in two parts as the first part deals with the scope of the research in international legislation and domestic legislation. This includes chapters one and two which bring out the statistics of the existing environmental conditions and the existing legislation thereto. The second part of the thesis emphasizes the weaknesses manifest in the present legislation domestically visa vie the international legislation. This can be found in chapters three and four of this thesis. It is eminent that so little has been done in Uganda with regard to legislation towards combating climate change manifesting in the form of global warming. Looking at the way forward, proposals are given to help combat the same. ····· 1036192492

Saviour Siblings

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One of the most controversial uses of preimplantation genetic diagnosis (PGD) in recent times is the creation of so called saviour siblings : children created by selecting embryos that are genetically tissue matched so that the child born can serve as a donor to an existing sick sibling requiring a stem cell transplant. This monograph addresses the science and regulation of saviour sibling technology in the UK, outlining the two distinct methods of saviour sibling selection and offering analysis of the UK s statutory approach. Furthermore, analysis of the main ethical concerns raised in conjunction with saviour sibling technology is provided: the fear that such behaviour treats the created child as a means to an end, rather than an end in themselves claims that sufficient consideration of the created child s welfare are not given, leaving the child vulnerable to physical or psychological harm and the assertion that saviour sibling technology is a step on the slippery slope towards designer babies and other eugenic pursuits. ····· 1036192446

Electricity Market In Turkey and Its Integration Policy Into The EU

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This book evaluates the electricity sector in Turkey by examining its historical development and the directives of the European Union on the energy sector, also by giving reference to statistical tables and the views of specialists and academic authorities. The globalization of the economy, developments and changes in technology and various economical and political movements have affected the energy sector and therefore, proposed amendments of the regulations have been initiated. In this book, the reform process in the energy sector and possible complexities and difficulties that might occur in that period are evaluated and discussed. Turkey has been through many changes in the procedures and regulations of its energy sector following the integration process into the European Union. Turkey, as a candidate country, is supposed to put the acquis communitaire into practice and a strategy is necessary to implement harmonization with the procedure in the energy sector. Within this study, various aspects of the change Turkey has been through in its legal procedure during its researches and studies for strategy in the energy sector have been evaluated by handling the directives of the EU. ····· 1036192227

Can lessons designed with Gestalt laws of visual perception

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There has been limited success teaching elementary students about the phases of the moon using diagrams, personal observations, and manipulatives. One possible reason for this is that instruction has failed to apply Gestalt principles of perceptual organization to the lesson materials. To see if fourth grade students understanding could be improved, four lessons were designed and taught using the Gestalt laws of Figure-Ground, Symmetry, and Similarity. Students (n = 54) who were taught lessons applying the Gestalt principles scored 12% higher on an assessment than students (n = 51) who only were taught lessons using the traditional methods. Though scores showed significant improvement, it is recommended to follow the American Association for the Advancement of Science guidelines and wait until 9th grade to instruct students about the phases. ····· 1036191948

Implementation of International Humanitarian Law

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This book, though was initially meant for partial fulfillment of a degree work, is very helpful to those who are interested to study International Humanitarian Law. It could serve as an introductory kit for students of the law of armed conflict who approach the subject for the first time. The descriptive analysis on treatment of prisoners of war in the Ethio-Eritrean war of 1998-2000 is not only informative for concerned authorities of the states parties to the conflict but generally for all states that could potentially engage in an armed conflict. It provides useful information for policy makers on issues that should be taken into consideration in peace times as well as during times of armed conflict to better implement the law of war. ····· 1036191789

Impact of FDI on Socio-Economic Rights of Indigenous Peoples in Africa

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Foreign Direct Investment (FDI) play an important role in economies of various countries and influence their policies and laws in different ways. This is so because Multinational Corporations have great financial power to shape the economy of the host state. More often than not the host state would have little bargaining power to make a Multinational Corporation conform to international standards vis-à-vis protection of human rights. Hence, FDI has largely affected the human rights of people and in particular of the indigenous peoples in most African states.Since most of the lands occupied by the indigenous peoples are fertile, rich in resources and underdeveloped , they have been susceptible to evictions in economic development projects generated by FDI which has invariably infringed their rights and being protected by the governments in the disguise of fostering economic development. ····· 1036191534

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