Search results for: compulsory licensing
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 210

Search results for: compulsory licensing

210 Licensing in a Hotelling Model with Quadratic Transportation Costs

Authors: Fehmi Bouguezzi

Abstract:

This paper studies optimal licensing regimes in a linear Hotelling model where firms are located at the end points of the city and where the transportation cost is not linear but quadratic. We study for that a more general cost function and we try to compare the findings with the results of the linear cost. We find the same optimal licensing regimes. A per unit royalty is optimal when innovation is not drastic and no licensing is better when innovation is drastic. We also find that no licensing is always better than fixed fee licensing.

Keywords: Hotelling model, technology transfer, patent licensing, quadratic transportation cost

Procedia PDF Downloads 324
209 Analysing Environmental Licensing of Infrastructure Projects in Brazil

Authors: Ronaldo Seroa Da Motta, Gabriela Santiago

Abstract:

The main contribution of this study is the identification of the factors influencing the environmental licensing process of infrastructure projects in Brazil. These factors will be those that reflect the technical characteristics of the project, the corporate governance of the entrepreneur, and the institutional and regulatory governance of the environmental agency, including the number of interventions by non-licensing agencies. The model conditions these variables to the licensing processing time of 34 infrastructure projects. Our results indicated that the conditions would be more sensitive to the type of enterprise, complexity as in gas pipelines and hydroelectric plants in the most vulnerable biome with a greater value of the enterprise or the entrepreneur's assets, together with the number of employees of the licensing agency. The number of external interventions by other non-licensing institutions does not affect the licensing time. Such results challenge the current criticism that environmental licensing has been often pointed out as a barrier to speed up investments in infrastructure projects in Brazil due to the participation of civil society and other non-licensing institutions.

Keywords: environmental licensing, condionants, Brazil, timing process

Procedia PDF Downloads 108
208 Commercialization of Innovative Technologies: Strategic Licensing in Patent Infringement Cases

Authors: Amaliny Yoganathan-Hasselbeck

Abstract:

Based on the assumption, that strategic licensing is more valuable and sustainable for the economy than a legal dispute and action for an injunction, the strategy of licensing in patent infringement cases was studied. A theoretical framework was developed based on the transaction costs approach, describing the major variables within the process of licensing to an alleged patent infringer. An exploratory case study analysis was conducted on the basis of expert interviews with patent licensing agencies, patent attorneys, licensing departments of companies and research institutions. Key findings define the major criteria in each step of the licensing process and include the factors determining the intensity of patent tracking e.g. patent policies, the decision criteria when dealing with patent infringement cases, e.g. market position and reputation, and the transaction itself starting with the initiation of the contact with the alleged patent infringer, negotiating the licensing contract and monitoring the license agreement.

Keywords: innovation, licensing, patent, patent infringement, strategy, technology

Procedia PDF Downloads 440
207 The Importance of Compulsory Pre-School Education from the Parents’ Perspective in the Czech Republic

Authors: Beata Horníckova, Sona Lorencova

Abstract:

The study deals with the presentation of the results of quantitatively oriented research. The research was conducted as part of a questionnaire survey with the aim to find out what are the attitudes of parents to compulsory preschool education in the Czech Republic. This research presents results from the area of importance of compulsory pre-school education from the parents’ perspective. The research method was a questionnaire, which was distributed to respondents through an online platform. The research involved 107 parents, who answered a total of 36 questions that found out their attitudes to last year’s compulsory preschool attendance. The results show that compulsory pre-school attendance has increased the importance of pre-school education. However, the results also show that the compulsory last year of pre-school education is not more important according to parents than in previous years. Most participants consider compulsory pre-school attendance to be important and are happy that their child attends it. The results reveal the fact that the introduction of compulsory pre-school attendance has contributed to the importance of parents’ perceptions of pre-primary education.

Keywords: compulsory pre-school education, education of pre-school children, kindergarten, parents

Procedia PDF Downloads 132
206 Budget Impact Analysis of a Stratified Treatment Cascade for Hepatitis C Direct Acting Antiviral Treatment in an Asian Middle-Income Country through the Use of Compulsory and Voluntary Licensing Options

Authors: Amirah Azzeri, Fatiha H. Shabaruddin, Scott A. McDonald, Rosmawati Mohamed, Maznah Dahlui

Abstract:

Objective: A scaled-up treatment cascade with direct-acting antiviral (DAA) therapy is necessary to achieve global WHO targets for hepatitis C virus (HCV) elimination in Malaysia. Recently, limited access to Sofosbuvir/Daclatasvir (SOF/DAC) is available through compulsory licensing, with future access to Sofosbuvir/Velpatasvir (SOF/VEL) expected through voluntary licensing due to recent agreements. SOF/VEL has superior clinical outcomes, particularly for cirrhotic stages, but has higher drug acquisition costs compared to SOF/DAC. It has been proposed that a stratified treatment cascade might be the most cost-efficient approach for Malaysia whereby all HCV patients are treated with SOF/DAC except for patients with cirrhosis who are treated with SOF/VEL. This study aimed to conduct a five-year budget impact analysis from the provider perspective of the proposed stratified treatment cascade for HCV treatment in Malaysia. Method: A disease progression model that was developed based on model-predicted HCV epidemiology data in Malaysia was used for the analysis, where all HCV patients in scenario A were treated with SOF/DAC for all disease stages while in scenario B, SOF/DAC was used only for non-cirrhotic patients and SOF/VEL was used for the cirrhotic patients. The model projections estimated the annual numbers of patients in care and the numbers of patients to be initiated on DAA treatment nationally. Healthcare costs associated with DAA therapy and disease stage monitoring was included to estimate the downstream cost implications. For scenario B, the estimated treatment uptake of SOF/VEL for cirrhotic patients were 25%, 50%, 75%, 100% and 100% for 2018, 2019, 2020, 2021 and 2022 respectively. Healthcare costs were estimated based on standard clinical pathways for DAA treatment described in recent guidelines. All costs were reported in US dollars (conversion rate US$1=RM4.09, the price year 2018). Scenario analysis was conducted for 5% and 10% reduction of SOF/VEL acquisition cost anticipated from the competitive market pricing of generic DAA in Malaysia. Results: The stratified treatment cascade with SOF/VEL in Scenario B was found to be cost-saving compared to Scenario A. A substantial portion of the cost reduction was due to the costs associated with DAA therapy which resulted in USD 40 thousand (year 1) to USD 443 thousand (year 5) savings annually, with cumulative savings of USD 1.1 million after 5 years. Cost reductions for disease stage monitoring were seen in year three onwards which resulted in cumulative savings of USD 1.1 thousand. Scenario analysis estimated cumulative savings of USD 1.24 to USD 1.35 million when the acquisition cost of SOF/VEL was reduced. Conclusion: A stratified treatment cascade with SOF/VEL was expected to be cost-saving and can results in a budget impact reduction in overall healthcare expenditure in Malaysia compared to treatment with SOF/DAC. The better clinical efficacy with SOF/VEL is expected to halt patients’ HCV disease progression and may reduce downstream costs of treating advanced disease stages. The findings of this analysis may be useful to inform healthcare policies for HCV treatment in Malaysia.

Keywords: Malaysia, direct acting antiviral, compulsory licensing, voluntary licensing

Procedia PDF Downloads 141
205 Parents' Expectations from Compulsory Pre-School Education in the Slovak Republic

Authors: Sona Lorencova, Beata Hornickova

Abstract:

The study deals with the presentation of the results of qualitatively oriented research, the aim of which was to find out the attitudes of parents to the planned compulsory pre-school education in the Slovak Republic. The research was conceived as an entry into the field of the researched issue and its aim was to support the validity and effectiveness of items in the questionnaire, which was created based on the statements of parents. The research method was an interview with 15 parents whose children attended kindergarten. The main question of the interviews was to find out what are the parents' expectations from compulsory pre-school education, which will be compulsory in the Slovak Republic from 2021 for all 5-year-old children. From the introduction of compulsory pre-school education, the professional public expects in particular greater participation of children from marginalized Roma communities in pre-school education, as well as children from socially disadvantaged backgrounds, better preparation of children for primary school and better results in international testing. The research found that the expectations of parents are different and depend on their socio-economic status, in accordance with which they place greater importance on the upbringing and education of children. The findings from interviews with parents contributed to the formulation of items in the questionnaire, which will be distributed to parents whose children will attend compulsory pre-school education in the Slovak Republic from 2021.

Keywords: compulsory pre-school education, kindergarten, education of pre-school children, parental expectations from pre-school education

Procedia PDF Downloads 151
204 Impact of the Simplification of Licensing Procedures for Industrial Complexes on Supply of Industrial Complexes and Regional Policies

Authors: Seung-Seok Bak, Chang-Mu Jung

Abstract:

An enough amount supply of industrial complexes is an important national policy in South Korea, which is highly dependent on foreign trade. A development process of the industrial complex can distinguish between the planning stage and the construction stage. The planning stage consists of the process of consulting with many stakeholders on the contents of the development of industrial complex, feasibility study, compliance with the Regional policies, and so on. The industrial complex planning stage, including licensing procedure, usually takes about three years in South Korea. The government determined that the appropriate supply of industrial complexes have been delayed, due to the long licensing period and drafted a law to shorten the license period in 2008. The law was expected to shorten the period of licensing, which was about three years, to six months. This paper attempts to show that the shortening of the licensing period does not positively affect the appropriate supply of industrial complexes. To do this, we used Interrupted Time Series Designs. As a result, it was found that the supply of industrial complexes was influenced more by other factors such as actual industrial complex demand of private sector and macro-level economic variables. In addition, the specific provisions of the law conflict with local policy and cause some problems such as damage to nature and agricultural land, traffic congestion.

Keywords: development of industrial complexes, industrial complexes, interrupted time series designs, simplification of licensing procedures for industrial complexes, time series regression

Procedia PDF Downloads 266
203 Parents' Attitude toward Compulsory Pre-School Education in Slovakia

Authors: Sona Lorencova, Beata Hornickova

Abstract:

Compulsory pre-school education in Slovakia will be established by the Education Act for all five-year-old children from September 2021. The implementation of this law will change pre-school education in our country from optional to compulsory, and children will be able to complete this education either in institutional form school facilities or in the form of individual education at the request of the parent. The primary purpose of this change is that all children achieve pre-school education before entering primary school, thus eliminating differences between children before entering primary school. The benefits of introducing compulsory pre-school education are obvious to the professional public. However, as this fundamental change in children's education is perceived by parents who have a prime position in the upbringing and education of their children, research pays minimal attention. The aim of the study is to interpret the findings of quantitatively oriented research, which was focused on finding out the attitudes of parents to the planned introduction of compulsory preschool education in Slovakia. The data were obtained through questionnaires primarily intended for parents of preschool children. In the distributed questionnaire, the degree of agreement or disagreement with individual items could be expressed on a 5-point Likert scale. The results of the research present how perceived compulsory pre-school education is perceived by the parental public in Slovakia and what perspectives and limitations parents anticipate after its introduction.

Keywords: compulsory pre-school education, education act, childs' learning and development, kindergarten, parents' perspectives

Procedia PDF Downloads 134
202 Parents’ Opinions on Compulsory Pre-school Attendance in the Czech Republic

Authors: Beata Hornickova, Sona Lorencova

Abstract:

The study deals with the presentation of the results of qualitatively oriented research, which was carried out in the scope of determining the attitudes of parents to preschool education in the Czech Republic. The research is conceived as an entry into the field of the researched issue and aimed to support the effectiveness of the items of the questionnaire, which was subsequently created based on the parents’ statements from interviews. The research method was interview with 15 parents of preschool children. The main aim of the interviews was to find out their views on the compulsory attendance of their children in kindergarten. Compulsory pre-school attendance has been introduced in the Czech Republic since 2017/18 with the aim of reducing delays in the entry of children into primary school and eliminating subsequent school failures. The findings offered a look at the differing views on compulsory kindergarten school influenced by the different socio-economic status of parents. Parents with a higher socio-economic status attached greater importance to the educational component of compulsory preschool attendance as a preparation for primary school, while parents with a lower socio-economic status emphasized the educational component. An interesting finding is also a statement from interviews of a parent who does not find benefits in compulsory preschool attendance.

Keywords: compulsory pre-school education, education of pre-school children, kindergarten, parents’ opinions on pre-school education

Procedia PDF Downloads 135
201 Comparative Analysis between Thailand and the United States of a Wholesale Exemption for Vertical Restraint Regarding Intellectual Property Licensing

Authors: Sanpetchuda Krutkrua, Suphawatchara Malanond

Abstract:

Competition law is not a new thing in Thailand. Thailand first passed the first competition law during the Second World War in order to stop business operator monopolizing food and basic living supplies. The competition law in Thailand has been amended several times during the past eighty years in order to make it suitable for the current economic and social condition. In 2017, Thailand enacted the current Trade Competition Act of B.E. 2560, which contain several changes to the regime in order to enhance a prevention of collusive practices and monopolization through both vertical restraints and horizontal restraints. Section 56 of the Act provides exemptions for the vertical relationship; i.e., the arrangement in form of complementary relationship, between business operators, franchising agreements between franchisor and franchisee, and licensing agreement between licensor and licensee. The key is that such agreements must not be excessive, create monopolization or attempt to monopolize, or cause any impacts the consumers regarding price, quality, quantity of the goods. The goal of the paper is to explore the extent of the exemption under Section 56 and its sequential regulations regarding vertical trade restraints in the case intellectual property licensing. The research will be conducted in form of a comparative analysis on exemptions for collusive practices under the United States Antitrust law and the Thai Competition Act of B.E. 2560. The United Antitrust law, fairly similar to the Thai Competition Act of B.E. 2561, views the intellectual property licensing to have pro-competitive benefits to the market as long as the intellectual property licensing agreement does not harm the competition amongst the business operators that could have or would have been competitors. The United States Antitrust law identifies the relationship between the parties of the agreement whether such agreement is horizontal or vertical or both. Even though the nature of licensing agreements is primarily vertical, the relationship between licensor and licensees can also be horizontal if they could have been potential competitors in the market as well. The United States Antitrust law frowns upon, if not prohibits, the horizontal restraints regarding the intellectual property licensing but does not impose the same restrictions on the vertical trade restraints regarding intellectual property licensing.

Keywords: antitrust, competition law, vertical restraint, intellectual property, intellectual property licensing, comparative law

Procedia PDF Downloads 144
200 The Right of Taiwanese Individuals with Mental Illnesses to Participate in Medical Decision-Making

Authors: Ying-Lun Tseng Chiu-Ying Chen

Abstract:

Taiwan's Mental Health Act was amended at the end of 2022; they added regulations regarding refusing compulsory treatment by patients with mental illnesses. In addition, not only by an examination committee, the judge must also assess the patient's need for compulsory treatment. Additionally, the maximum of compulsory hospitalization has been reduced from an unlimited period to a maximum of 60 days. They aim to promote the healthcare autonomy of individuals with mental illnesses in Taiwan and prevent their silenced voice in medical decision-making while they still possess rationality. Furthermore, they plan to use community support and social care networks to replace the current practice of compulsory treatment in Taiwan. This study uses qualitative research methodology, utilizing interview guidelines to inquire about the experiences of Taiwanese who have undergone compulsory hospitalization, compulsory community treatment, and compulsory medical care. The interviews aimed to explore their feelings when they were subjected to compulsory medical intervention, the inside of their illness, their opinions after treatments, and whether alternative medical interventions proposed by them were considered. Additionally, participants also asked about their personal life history and their support networks in their lives. We collected 12 Taiwanese who had experienced compulsory medical interventions and were interviewed 14 times. The findings indicated that participants still possessed rationality during the onset of their illness. However, when they have other treatments to replace compulsory medical, they sometimes diverge from those of the doctors and their families. Finally, doctors prefer their professional judgment and patients' families' option. Therefore, Taiwanese mental health patients' power of decision-making still needs to improve. Because this research uses qualitative research, so difficult to find participants, and the sample size rate was smaller than Taiwan's population, it may have biases in the analysis. So, Taiwan still has significant progress in enhancing the decision-making rights of participants in the study.

Keywords: medical decision making, compulsory treatment, medical ethics, mental health act

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199 A Survey on Protests Against Compulsory Hejab in Iran From Iranian Women’s Point of View After Mahsa Amini`S Death: A Grounded Theory Approach

Authors: Shirin Arefi

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In Iran, women and girls are treated as second class citizens and suffer from many discrimination and inequality such as compulsory Hejab, a phenomena which has required all women to wear the hijab head-covering since the 1979 Islamic revolution. Now, the crackdown of new government has caused a massive uproar in the country. The morality police also continue to curb the choices of women, and the latest unfortunate incidents accelerate the hardened rules. The author is going to survey the views and of women against compulsory Hejab and morality and chastity police arrests. The methodology is a qualitative one in which narratives of them are coded based on grounded theory and horizons of the process is explained by phenomenological research as well. The findings and results will show the current attitudes of women of Hejab and their reactions against morality police behaviors.

Keywords: compulsory hejab, morality police, people, arrest

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198 Children's Media Skepticism and the Prospective Moral Self: A Pilot Study

Authors: A. Maftei, A. C. Holman

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The emergence of self-knowledge and personal representations of self in children has been subject to a variety of studies. The complex process of developing the moral self in childhood is one of the most interesting interplays of biological tendencies and socialization contexts. We were interested in exploring the potential interaction between children’s media skepticism, altruism, self and others' moral representations in a series of tasks related to potential prospective moral licensing mechanisms. In our pilot study, the answers of 67 children aged 8 to 10 years (50 % females) to a series of moral perspectives and altruism tasks were subject to mixed analysis (both qualitative and quantitative). Results suggested no significant association between the moral valence of media information and children’s altruism, self and others’ moral future perspective. Results are discussed within the Construal Level, Assimilation and Contrast theories, and moral licensing mechanisms.

Keywords: children, altruism, moral licensing, media skepticism, moral valence

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197 Conscription or Constriction: Perception of Students on the Reinforcement of Compulsory Military Service

Authors: Krista Mae F. Ramos, Lance Micaiah C. Dauz, Gylza Nicole D. Bautista, Rua R. Galang, Jeric Xyrus G. Karganilla

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With the recent proclamation of the possible reinforcement of Compulsory Military Service in the Philippines, debates and societal talks rose and circulated as opinions and perceptions regarding the topic continue to clash. This study aims to determine the perception of the youth on its reimplementation and identify various advantages and disadvantages based on their perspective. The responses were gathered through a virtual call interview, underwent the process of thematization, and were categorized into different themes. Results reflect that the students perceive compulsory military service as a necessity for national defense but requires a long time that can hinder their education and needs a strong foundation to be implemented and sustained. The participants acknowledged that the practice would instill discipline, patriotism, and nationalism, develop an individual’s physical abilities, provide skills and knowledge and improve a person’s self-defense. However, there are also concerns regarding the prominent military shaping and abuse, their loss of freedom of choice, and the chances of health deterioration.

Keywords: compulsory, military, service, reinforcement, perception

Procedia PDF Downloads 130
196 Patterns and Effects of International Trade in Technology: Firm-Level Evidence

Authors: Heeyong Noh, Seongryong Kang, Sungjoo Lee

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As the world becomes increasingly interconnected, firms have tried to explore market opportunities not only in the domestic market but also abroad. In particular, transactions of intangible assets in the global market now take on great importance. Accordingly, technology transfer activities such as patent licensing, copyright transfer, or workforce trainings which are considered significant to leverage an organization’s internal capabilities, are occurring more frequently and briskly across the world than ever before. Though a number of studies have addressed the issues regarding technology transfer, most of them have focused on university-industry technology transfer. Of course, some have investigated international technology transfer phenomenon but used patent citations data as a proxy. In order to understand the phenomena more clearly, it would be necessary to collect and analyze data that can measure technology transfer activities between firms more directly. Therefore, this study aims to examine the patterns of international trade in technology by employing data about international technology in-licensing activities in Korean firms. We also investigate the effect of international technology in-licensing strategy on a firm’s innovation performance. The research findings are expected to help R&D managers understand how firms have absorbed technological knowledge from foreign firms in the form of licensing and further develop effective international collaboration strategies. In addition, significant implications can be offered for political decision-making regarding technology trade within increasing international interconnections.

Keywords: international technology trade, technology trade effect, technology transfer, R&D managers

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195 An Exemption for Vertical Restraint Regarding Intellectual Property Licensing: Case Study of Thailand

Authors: Sanpetchuda Krutkrua, Suphawatchara Malanond

Abstract:

Throughout the history of Antitrust regimes in Thailand, Thailand has been trying to prevent collusive practices in the market through the amendments of the Trade Competition Act, and Thailand just passed the current Trade Competition Act of B.E. 2560 in 2017 of which several aspects of the law were amended in order to enhance the prevention of collusive outcome through both vertical trade restraints and horizontal trade restraints. An agreement is vertical when it involves arrangements that are in a complementary relationship. In Section 55 of the Act, any agreements to reduce the price, quantity, or quality of the goods, agreements to assign a sole retailer for the goods, and the agreement to impose conditions on the retailers are not allowed. However, Section 56 provides exemptions for the vertical relationship between the business operators, the franchise agreement, and the licensing agreement as long as such agreements do not surpass the necessity to do so, create monopolization, or affect the consumers in terms of price, quality, quantity, or options. The paper aims to explore the extent of the exemption under Section 56 and sequential regulations in terms of the vertical trade restraints regarding intellectual property licensing, and, at the same time, compare with the exemptions under the European Union competition law, and Singapore competition law. Comparative legal analysis with leading jurisdiction will illustrate the application of the newly enacted Thai Competition Act in terms of its enforcement in the global impact of IP rights, which, by nature are de jure or de facto international protection.

Keywords: antitrust, competition law, vertical restraint, intellectual property, IP licensing

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194 A Short History of Recorder Education in Taiwan: A Qualitative Research about the Process of the Recorder Move into the Compulsory Schooling System

Authors: Jen-Fu Lee

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From the 1980s, the ministry of education in Taiwan moves the instrument ‘Recorder’ into the 9-year compulsory schooling system. The recorder is widely popularized successfully in Taiwan. The research aims to document the history of how the recorder came into Taiwan, what the process of the recorder moving into the schooling system is; what the meaning for the recorder moving into the schooling system is by searching the papers about the recorder in Taiwan and interviewing the people who had participated the process. The research discovers that the recorder in Taiwan was popularized nongovernmental by Shang-Ren, Wang. Shang-Ren, Wang imported 200 recorders from Japan in 1982 and then founded a publishing house which publishes the books and sheets about the recorder in 1983. The reason of Shang-Ren, Wang committed to popularizing the recorder is to spread the Orff Approach in Taiwan. Except for the technique of playing the recorder, the knowledge of the history of the recorder and the role that it plays in Early Music is not available in school. The recorder only plays a ‘Cheap and Easy’ instrument which is suitable for the schooling system in Taiwan, cannot develop to a professional instrument.

Keywords: recorder, Taiwan, Shang-Ren, Wang, compulsory schooling system

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193 The Regulation of Vaccine-Related Intellectual Property Rights in Light of the Areas of Divergence between the Agreement on Trade-Related Aspects of Intellectual Property Rights and Investment Treaties in the Kingdom of Saudi Arabia and Australia

Authors: Abdulrahman Fahim M. Alsulami

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The current research seeks to explore the regulation of vaccine-related IP rights in light of the areas of divergence between the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and investment treaties. The study is conducted in the context of the COVID-19 pandemic; therefore, it seems natural that a specific chapter is devoted to the examination of vaccine arrangements related to vaccine supplies. The chapter starts with the examination of a typical vaccine from the perspective of IP rights. It presents the distinctive features of vaccines as pharmaceutical products and investments, reviews the basics of their patent protection, reviews vaccines’ components, and discusses IPR protection of different components of vaccines. The subsection that focuses on vaccine development and licensing reviews vaccine development stages investigates differences between vaccine licensing in different countries and presents barriers to vaccine licensing. The third subsection, at the same time, introduces the existing arrangements related to COVID-19 vaccine supplies, including COVAX arrangements, international organizations’ assistance, and direct negotiations between governments and vaccine manufacturers.

Keywords: bilateral investment treaties, COVID-19 vaccine, IP rights, TRIPs agreement

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192 Regime under Trade Related Intellectual Property Rights Agreement 1994 and Its Impacts on Health in Pakistan: A Case Study of Pharmaceutical Patents

Authors: Muhammad Danyal Khan

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The standards of patentability are drawing a great impact upon medicine industry of Pakistan which is indirectly troubling the right to health of ordinary citizen. Globalization of intellectual property laws is directly impacting access to medicine for population in Pakistan. Pakistan has enacted Patent Ordinance 2000 to develop the standards of Patent laws in consonance with international commitments. Moreover, Pakistan is signatory to UN Millennium Development Goals (2000-2015), and three of them directly put stress upon the health standards. This article will provide a critical brief about implications of TRIPS Agreement on standards of health in Pakistan and will also propose a futuristic approach for the pharmaceutical industry. This paper will define the paradox of globalization and national preparedness on pharmaceutical patents utilizing industry statistics and case laws from Pakistan. Moreover, this work will contribute towards debate on access to medicine at legislative and interpretative levels that will further help development of equilibrium between pharmaceutical patents and right to health.

Keywords: TRIPS (Trade Related Intellectual Property Rights), patents, compulsory licensing, patent, lifesaving drugs, WTO, infringement

Procedia PDF Downloads 184
191 Analyzing Essential Patents of Mobile Communication Based on Patent Portfolio: Case Study of Long Term Evolution-Advanced

Authors: Kujhin Jeong, Sungjoo Lee

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In the past, cross-licensing was made up of various application or commercial patents. Today, cross-licensing is restricted to essential patents, which has emphasized their importance significantly. Literature has shown that patent portfolio provides information for patent protection or strategy decision-making, but little empirical research has found strategic tool of essential patents. This paper will highlight four types of essential patent portfolio and analysis about each strategy in the field of LTE-A. Specifically we collected essential patents of mobile communication company through ETSI (European Telecommunication Standards Institute) and build-up portfolio activity, concentration, diversity, and quality. Using these portfolios, we can understand each company’s strategic character about the technology of LTE-A and comparison analysis of financial results. Essential patents portfolio displays a mobile communication company’s strategy and its strategy’s impact on the performance of a company.

Keywords: essential patent, portfolio, patent portfolio, essential patent portfolio

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190 Radiation Protection and Licensing for an Experimental Fusion Facility: The Italian and European Approaches

Authors: S. Sandri, G. M. Contessa, C. Poggi

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An experimental nuclear fusion device could be seen as a step toward the development of the future nuclear fusion power plant. If compared with other possible solutions to the energy problem, nuclear fusion has advantages that ensure sustainability and security. In particular considering the radioactivity and the radioactive waste produced, in a nuclear fusion plant the component materials could be selected in order to limit the decay period, making it possible the recycling in a new reactor after about 100 years from the beginning of the decommissioning. To achieve this and other pertinent goals many experimental machines have been developed and operated worldwide in the last decades, underlining that radiation protection and workers exposure are critical aspects of these facilities due to the high flux, high energy neutrons produced in the fusion reactions. Direct radiation, material activation, tritium diffusion and other related issues pose a real challenge to the demonstration that these devices are safer than the nuclear fission facilities. In Italy, a limited number of fusion facilities have been constructed and operated since 30 years ago, mainly at the ENEA Frascati Center, and the radiation protection approach, addressed by the national licensing requirements, shows that it is not always easy to respect the constraints for the workers' exposure to ionizing radiation. In the current analysis, the main radiation protection issues encountered in the Italian Fusion facilities are considered and discussed, and the technical and legal requirements are described. The licensing process for these kinds of devices is outlined and compared with that of other European countries. The following aspects are considered throughout the current study: i) description of the installation, plant and systems, ii) suitability of the area, buildings, and structures, iii) radioprotection structures and organization, iv) exposure of personnel, v) accident analysis and relevant radiological consequences, vi) radioactive wastes assessment and management. In conclusion, the analysis points out the needing of a special attention to the radiological exposure of the workers in order to demonstrate at least the same level of safety as that reached at the nuclear fission facilities.

Keywords: fusion facilities, high energy neutrons, licensing process, radiation protection

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189 A Critique of Contemporary Sexual Liberation: A Third Way Analysis

Authors: Sydelle Barreto

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Sexual liberation has been thought of as a movement, an idea, and an antithesis of material oppression. Within feminism it has consistently resisted definition - different feminist schools of thought had entirely different constructions of what liberated feminine sexuality could look like and how we might get there. This paper will critique the current definition of sexual liberation as being limited and carceral in its perspectives of sexual assault and extremely reductive in its imaginings of sexual liberation. The ultimate goal of this assessment is to potentially outline what true sexual liberation might look like in a way that is inclusive but not ignorant of the realities of the patriarchy. The first critique of sexual liberation included in the paper centers around the limits of consent, carceral feminism and sexual subjectivity. The argument will build off the traditionally sex-negative critiques of consent as being limited in scope by explaining how a lack of nuance is even more dangerous to victims of sexual violations. The discussion will also expand an interrogant of consent to an interrogation of wantedness and desire. If we understand that critiquing the conditions of consent is important, we must also critique the way patriarchy and compulsory sexuality have affected desire. Using the aforementioned concept of compulsory sexuality, the paper will argue that while sexual liberation has begun to include queer and transgender individuals, it is still overwhelmingly allonormative. Sex positivity and its opponents both fail to include asexuality. This ultimately leads to a conflation of sexual liberation with genuine material liberation. Just as we cannot divorce our constructions of sexual liberation from the realities of the patriarchy and rape culture, we should consider compulsory sexuality as its own system of social regulation. The conclusion will begin to construct an alternative vision of sexual liberation, leveraging concepts of sexual subjectivity, including a rejection of carceral feminism as a response to sexual violence, and finally, leading to the beginnings of a deconstruction of compulsory sexuality. The paper concludes with a vision of sexual liberation that does not confuse itself with material liberation or mere sexual oppression, but rather a key way stops on the road to constructing our most authentic sexual selves.

Keywords: feminism, sexual assault, sexual liberation, consent

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188 Comparative Analysis of Automation Testing Tools

Authors: Amit Bhanushali

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In the ever-changing landscape of software development, automated software testing has emerged as a critical component of the Software Development Life Cycle (SDLC). This research undertakes a comparative study of three major automated testing tools -UFT, Selenium, and RPA- evaluating them on usability, maintenance, and effectiveness. Leveraging existing JAVA-based applications as test cases, the study aims to guide testers in selecting the optimal tool for specific applications. By exploring key features such as source and licensing, testing expenses, object repositories, usability, and language support, the research provides practical insights into UFT, Selenium, and RPA. Acknowledging the pivotal role of these tools in streamlining testing processes amid time constraints and resource limitations, the study assists professionals in making informed choices aligned with their organizational needs.

Keywords: software testing tools, software development lifecycle (SDLC), test automation frameworks, automated software, JAVA-based, UFT, selenium and RPA (robotic process automation), source and licensing, object repository

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187 On a Single Server Queue with Arrivals in Batches of Variable Size, Generalized Coxian-2 Service and Compulsory Server Vacations

Authors: Kailash C. Madan

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We study the steady state behaviour of a batch arrival single server queue in which the first service with general service times is compulsory and the second service with general service times is optional. We term such a two phase service as generalized Coxian-2 service. Just after completion of a service the server must take a vacation of random length of time with general vacation times. We obtain steady state probability generating functions for the queue size as well as the steady state mean queue size at a random epoch of time in explicit and closed forms. Some particular cases of interest including some known results have been derived.

Keywords: batch arrivals, compound Poisson process, generalized Coxian-2 service, steady state

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186 Social Skills as a Significant Aspect of a Successful Start of Compulsory Education

Authors: Eva Šmelová, Alena Berčíková

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The issue of school maturity and readiness of a child for a successful start of compulsory education is one of the long-term monitored areas, especially in the context of education and psychology. In the context of the curricular reform in the Czech Republic, the issue has recently gained importance. Analyses of research in this area suggest a lack of a broader overview of indicators informing about the current level of children’s school maturity and school readiness. Instead, various studies address partial issues. Between 2009 and 2013 a research study was performed at the Faculty of Education, Palacký University Olomouc (Czech Republic) focusing on children’s maturity and readiness for compulsory education. In this study, social skills were of marginal interest; the main focus was on the mental area. This previous research is smoothly linked with the present study, the objective of which is to identify the level of school maturity and school readiness in selected characteristics of social skills as part of the adaptation process after enrolment in compulsory education. In this context, the following research question has been formulated: During the process of adaptation to the school environment, which social skills are weakened? The method applied was observation, for the purposes of which the authors developed a research tool – record sheet with 11 items – social skills that a child should have by the end of preschool education. The items were assessed by first-grade teachers at the beginning of the school year. The degree of achievement and intensity of the skills were assessed for each child using an assessment scale. In the research, the authors monitored a total of three independent variables (gender, postponement of school attendance, participation in inclusive education). The effect of these independent variables was monitored using 11 dependent variables. These variables are represented by the results achieved in selected social skills. Statistical data processing was assisted by the Computer Centre of Palacký University Olomouc. Statistical calculations were performed using SPSS v. 12.0 for Windows and STATISTICA: StatSoft STATISTICA CR, Cz (software system for data analysis). The research sample comprised 115 children. In their paper, the authors present the results of the research and at the same time point to possible areas of further investigation. They also highlight possible risks associated with weakened social skills.

Keywords: compulsory education, curricular reform, educational diagnostics, pupil, school curriculum, school maturity, school readiness, social skills

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185 An Exploratory Case Study of the Transference of Skills and Dispositions Used by a Newly Qualified Teacher

Authors: Lynn Machin

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Using the lens of a theoretical framework relating to learning to learn the intention of the case study was to explore how transferable the teaching and learning skills of a newly qualified teacher (post-compulsory education) were when used in an overseas, unfamiliar and challenging post-compulsory educational environment. Particularly, the research sought to explore how this newly qualified teacher made use of the skills developed during their teacher training and to ascertain if, and what, other skills were necessary in order for them to have a positive influence on their learners and for them to be able to thrive within a different country and learning milieu. This case study looks at the experience of a trainee teacher who recently qualified in the UK to teach in post compulsory education (i.e. post 16 education). Rather than gaining employment in a UK based academy or college of further education this newly qualified teacher secured her first employment as a teacher in a province in China. Moreover, the newly qualified teacher had limited travel experience and had never travelled to Asia. She was one of the quieter and more reserved members on the one year teacher training course and was the least likely of the group to have made the decision to work abroad. How transferable the pedagogical skills that she had gained during her training would be when used in a culturally different and therefore (to her, challenging) environment was a key focus of the study. Another key focus was to explore the dispositions being used by the newly qualified teacher in order for her to teach and to thrive in an overseas educational environment. The methodological approach used for this study was both interpretative and qualitative. Associated methods were: Observation: observing the wider and operational practice of the newly qualified teacher over a five day period, and their need, ability and willingness to be reflective, resilient, reciprocal and resourceful. Interview: semi-structured interview with the newly qualified teacher following the observation of her practice. Findings from this case study illuminate the modifications made by the newly qualified teacher to her bank of teaching and learning strategies as well as the essentiality of dispositions used by her to know how to learn and also, crucially, to be ready and willing to do so. Such dispositions include being resilient, resourceful, reciprocal and reflective; necessary in order to adapt to the emerging challenges encountered by the teacher during their first months of employment in China. It is concluded that developing the skills to teach is essential for good teaching and learning practices. Having dispositions that enable teachers to work in ever changing conditions and surroundings is, this paper argues, essential for transferability and longevity of use of these skills.

Keywords: learning, post-compulsory, resilience, transferable

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184 The Mental Health Policy in the State of EspíRito Santo, Brazil: Judicialization

Authors: Fabiola Xavier Leal, Lara Campanharo, Sueli Aparecida Rodrigues Lucas

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The phenomenon of judicialization in health policy brings with it a great deal of problematization, but in general, it means that some issues that were previously solved by traditional political bodies are being decided by the Judiciary bodies. It is, therefore, a controversial topic that has generated many reflections both in the academic and political fields, considering that not only a dispute of public funds is at stake, but also the debate on access to social rights provided for in the Brazilian Federal Constitution of 1988 and in the various public policies, such as healthcare. With regard to the phenomenon in the Mental Health Policy focusing on people who use drugs, the disputes that permeate this scenario are evident: moral, cultural, sanitary, economic, psychological aspects. There are also the individual and collective dimensions of suffering. And in this process, we all question: What is the role of the Brazilian State in this matter? In this context, another question that needs to be answered is the amount spent on this procedure in the state of Espírito Santo (ES), Brazil (in the last 04 years, around R$121,978,591.44 were paid only for compulsory hospitalization of individuals) in the field in question, which is the financing of the services of the Psychosocial Care Network (RAPS). Therefore, this article aims to problematize the phenomenon of judicialization in Mental Health Policy through the compulsory hospitalization of people who use drugs in Espírito Santo (ES). We proposed a study that sought to understand how this has been occurring and making an impact on the provision of RAPS services in the Espírito Santo scenario. Therefore, the general objective of this study is to analyze the expenses with compulsory hospitalizations for drug use carried out by the State Health Department (SESA) between 2014 and 2019, in which we will seek to identify its destination and the impact of these actions on public health policy. For the purposes of this article, we will present the preliminary data of this study, such as the amount spent by the state and the receiving institutions. For data collection, the following data sources were used: documents available publicly on the Transparency Portal (payments made per year, institutions that received, subjects hospitalized, period and the amount of the daily rates paid); as well as the processes generated by SESA through its own system - ONBASE. For qualitative analysis, content analysis was used; and for quantitative analysis, descriptive statistics was used. Thus, we seek to problematize the issue of judicialization for compulsory hospitalizations, considering the current situation in which this resource has been widely requested to legitimize the war on drugs. This scenario highlights the moral-legal discourse, pointing out strategies through the control of bodies and through faith as an alternative.

Keywords: compulsory hospitalization, drugs, judicialization, mental health

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183 Copper Content in Daily Food Rations Planned and Served to Students from Selected Military Academies and Soldiers Doing Compulsory Military Service in the Polish Army

Authors: J. Bertrandt, A. Kłos, R. Waszkowski, T. Nowicki, R. Pytlak, E. Stęzycka, A. Gazdzinska

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The aim of the work was estimation of copper intake with the daily food rations used for alimentation of students of military high schools and soldiers doing compulsory military service in the Polish Army. An average planned copper content in daily food rations used for alimentation of students and soldiers amounted to 2.49±0.35 mg, and 2.44±0.25 mg respectively. The copper content in the daily food ration given for consumption to students amounted from 1.81±0.14 mg to 2.58±0.44 mg while daily food rations served to soldiers delivered from 2.06±0.45 mg to 2.13±0.33 mg. The copper content in the rations planned for students and soldiers’ alimentation was within the limits of the norms obligatory in Poland. Daily food rations given for consumption, except rations served for students, were within the limits of the recommended norms, but food rations really eaten by examined men didn’t cover the requirements for copper.

Keywords: copper, daily food ration, military service, food security, nutrition

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182 Mapping Environmental Complexity: A Strategic Tool for Sustainable Development of Road Infrastructure in Santa Catarina, Brazil

Authors: Edinei Coser, Cátia Regina Silva de Carvalho Pinto, Kleber Isaac Silva de Souza

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The road transportation system is an integral part of the Brazilian economy, so investing in this sector is paramount. Despite being a significant contributor to national and regional development, implementing road infrastructures brings about significant environmental changes, resulting in negative impacts that need to be mitigated through environmental licensing. However, by considering potential environmental impacts from a strategic perspective earlier, we can ensure that the sustainable development resulting from investments in this sector is more efficient. Therefore, this work aims to incorporate strategic environmental assessment into the road transportation system in the state of Santa Catarina using a tool that evaluates the entire territory. This tool analyzes 15 qualitative socio-environmental factors that may complicate environmental licensing and project implementation, with the help of multi-criteria analysis based on AHP and geographic information systems with Python, which presents a surface map of environmental cost for Santa Catarina state in Brazil. This map represents how environmental restrictions are spatially distributed in the territory and can be used for governments and decision-makers to assess potential areas for road implementation or paving, evaluate and propose road corridors, propose, promote, and evaluate risks for governmental programs and investments, set environmental management guidelines and enhance contracting and environmental assessment processes.

Keywords: environmental impact assessment., GIS, highways, multi-criteria analysis, strategic environmental assessment

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181 Harvard Lawyers Perception of Intellectual Property and Digital Rights

Authors: Dariusz Jemielniak

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The near future will bring significant changes to contemporary organizations and management, because of the rapidly increasing role of immaterial goods and knowledge workers. The area of copyright, IP, as well as digital (non-material) goods and media redistribution seems to be one of the major challenges for the economy and society in general, and management and organization studies in particular. The proposed paper shows the views and perceptions of fairness of digital media sharing among Harvard Law School LL.M. students, basing on 50 qualitative interviews and 100 questionnaires. The researcher took an ethnographic approach to the study and joined the 2016 Harvard LL.M. Facebook group, which allowed natural socializing and joining for in-person events and private parties more easily. After making acquaintance with many of the students, the researcher conducted a quantitative questionnaire with 100 respondents, allowing to better understand the respondents perception of fairness in digital files sharing in different contexts (depending on the price of the media, its availability, regional licensing, status of the copyright holder, etc.). Basing on the results of the questionnaire, the researcher followed up with long-term, open ended, loosely structured ethnographic interviews (50 interviews were conducted) to further deepen the understanding of the results. The major finding of the study is that Harvard lawyers, in spite of the highest possible understanding of law, as well as professional standards, generally approve of digital piracy in certain contexts. Interestingly, they are also more likely to approve of it if they work for the government rather than the private sector. The conclusions from this study allow a better understanding of how ‘fairness’ is perceived by the younger generation of law professionals, and also open grounds for a more rational licensing policing.

Keywords: piracy, digital sharing, perception of fairness, legal profession

Procedia PDF Downloads 198