Search results for: maxim infringement

Authors: Zsuzsanna Schnell, Francesca Ervas

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Background: Our experimental pragmatic study confirms a basic tenet in the Relevance of theoretical views in language philosophy. It draws up a developmental trajectory of the maxims, revealing the cognitive difficulty of their interpretation, their relative place to each other, and the order they may follow in development. A central claim of the present research is that social-cognitive skills play a significant role in inferential meaning construction. Children passing the False Belief Test are significantly more successful in tasks measuring the recognition of the infringement of conversational maxims. Aims and method: We examine preschoolers' conversational and pragmatic competence in view of their mentalization skills. To do so, we use a measure of linguistic tasks containing 5 short scenarios for each Gricean maxim. We measure preschoolers’ ToM performance with a first- and second-order ToM task and compare participants’ ability to recognize the infringement of the Gricean maxims in view of their social cognitive skills. Results: Findings suggest that Theory of Mind has a predictive force of 75% concerning the ability to follow Gricean maxims efficiently. ToM proved to be a significant factor in predicting the group’s performance and success rates in 3 out of 4 maxim infringement recognition tasks: in the Quantity, Relevance and Manner conditions, but not in the Quality trial. Conclusions: Our results confirm that children’s communicative competence in social contexts requires the development of higher-order social-cognitive reasoning. They reveal the cognitive effort needed to recognize the infringement of each maxim, yielding a continuum of their cognitive difficulty and trajectory of development.

Keywords: developmental pragmatics, social cognition, preschoolers, maxim infringement, Gricean pragmatics

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Authors: Amaliny Yoganathan-Hasselbeck

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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

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Authors: Tien Wei Daniel Hwang

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The computer program inventors, particularly in Fintech, are unwilling to apply for patents in Taiwan after 2014. Passing the ‘statutory subject matter eligibility’ test and becoming the system patent are not the only cause to the reduction in the number of application. Taiwanese court needs to resolve whether the defendants had ‘used’ that software patent in patent direct infringement suit. Both 35 U.S.C. § 271(a) and article 58 paragraph 2 of Taiwan Patent Law don’t define the meaning of ‘use’ in the statutes. Centillion Data Sys., LLC v. Qwest Commc’ns Int’l, Inc. reconsidered the meaning of ‘use’ in system patent infringement, and held that ‘a party must put the invention into service, i.e., control the system as a whole and obtain benefit from it.’ In Taiwan, Intellectual Property Office, Ministry of Economic Affairs, has explained that ‘using’ the patent is ‘achieving the technical effect of the patent.’ Nonetheless, this definition is too broad to apply to not only the software patent but also the traditional patent. To supply the friendly environment for Fintech corporations, this article aims to let Taiwanese court realize why and how United States District Court, S.D. Indiana, Indianapolis Division and United States Court of Appeals, Federal Circuit defined the meaning of ‘use’ in 35 U.S.C. § 271(a). However, this definition is so lax and confuses many defendants in United States. Accordingly, this article indicates the elements in Taiwan Patent Law are different with 35 U.S.C. § 271(a), so Taiwanese court can follow the interpretation of ‘use’ in Centillion Data case without the same obstacle.

Keywords: direct infringement, FinTech, software patent, use

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Authors: Elisam Magara

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Like any other property, Intellectual Property (IP) must be regarded, respected, and remunerated to address the historical, ethical, economical and informational needs of society. Article 26 of the Constitution of the Republic of Uganda 1995, the Copyright and Neighbouring Rights (CNR) Act 2006 and CNR Regulations 2010 guide copyright protection in Uganda. However, an unpredictable environment has negatively impact on certain author/intellectual freedoms; and the infringements on academic works that affect the economic rights of authors that limit authors from fully enjoying the benefits of authorship. Notwithstanding the different licensing systems and copyright protection avenues, educational institutions and custodians of copyright works (libraries, archives) have continued to advocate for open access to information resources, under the legal exceptions of fair use for educational purposes. Thus, a study was conducted in educational institutions, libraries and archives in Uganda to assess the state of copyright infringement in Uganda in an increased use of academic authored works. The study attempted to establish the nature and forms of Copyright Infringement, the circumstances for copyright infringement, assessed the opinions from the custodians on strategies for balancing copyright protection for economic and moral gains by authors and increased access to information for educational purposes and fair-use. Through a survey, using a self-administered questionnaire, interviews and physical visits, the study was conducted in higher education institutions, libraries and archives among the officers that manage and keep copyright works. It established that the uncontrolled reproduction of copyright works in educational institutions and information institutions, have contributed copyright infringement robbing authors of their potential economic earnings and limiting their academic innovativeness and creativity. The study also established that lack of consciousness and awareness on copyright issues by lecturers, universities and libraries has made copyright works in Universities highly susceptible to copyright infringement. Thus the increased access to materials without restrictions has resulted in copyright infringement among the educational institutions, libraries and archives. A strategic alliance by the collecting Society (Uganda Reproduction Rights Organisation (URRO), government, Universities and right holders organisations (UTANA) to work together and institute a programme to address copyright protection and access to information is pertinently required.

Keywords: access to information, academic Writing, copyright, copyright infringement, copyright protection, exemptions of fair use, intellectual property rights

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Authors: Duru Helin Ozaner

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Due to the doctrine of equivalent, the words in the claims' sentences are insufficient for the protection area provided by the patent registration. While this situation widens the boundaries of the protection area, it also obscures the boundaries of the protected area of patents. In addition, it creates distrust for third parties. Therefore, the doctrine of equivalent aims to establish a balance between the rights of patent owners and the legal security of third parties. The current legal system of Turkey has been tried to be created as a parallel judicial system to the widely applied regulations. Therefore, the regulations regarding the protection provided by patents in the current Turkish legal system are similar to many countries. However, infringement through equivalent is common by third parties. This study, it is aimed to explain that the protection provided by the patent is not only limited to the words of the claims but also the wide-ranging protection provided by the claims for the doctrine of equivalence. This study is important to determine the limits of the protection provided by the patent right holder and to indicate the importance of the equivalent elements of the protection granted to the patent right holder.

Keywords: patent, infringement, intellectual property, the doctrine of equivalent

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Authors: Mohammad Sadeghi

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The subject matter of this article is the efficiency of current knowledge standard to afford the legal integration regarding criteria and approaches to ISP knowledge standards, to shield ISP and copyright, trademark and other parties’ rights in the online information society. The EU recognizes the knowledge-based liability for intermediaries in the European Directive on Electronic Commerce, but the implication of all parties’ responsibility for combating infringement has been immolated by dominating attention on liability due to the lack of the appropriate legal mechanism to devote each party responsibility. Moreover, there is legal challenge on the applicability of knowledge-based liability on hosting services and information location tools service. The aim of this contribution is to discuss the advantages and disadvantages of ECD knowledge standard through case law with a special emphasis on duty of prevention and constructive knowledge role on internet service providers (ISP s’) to achieve fair balance between all parties rights.

Keywords: internet service providers, liability, copyright infringement, hosting, caching, mere conduit service, notice and takedown, E-commerce Directive

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Authors: Hussain Hameed Mayuuf

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We may find multiple functions that are required to exist in order for meaning, in any certain context, to manifest and act accordingly. Pragmatic function and symbolic function need to be contributing in a combined effort towards that manifestation in order for meaning to be acquired or achieved from within a structure too complex to detect meaning in it by employing any other means. This paper inspects symbolism pragma-stylistically in literary texts. Thus, it principally aims at showing the ways writers utilize symbolism to contribute to the themes of their works and, consequently, pinpointing the most frequently flouted maxim involved in symbolic interpretations in addition to the reason(s) behind the writer's exploitation of that maxim in the literary work. E. E. Cummings' play Him constitutes rich data for the present study. Thus, to achieve its aims, the present study hypothesizes that the descriptions of scenes, the playwright’s remarks, and the characters’ references are all manipulated symbolically to contribute to the themes of the play. It is also hypothesized that the maxim of manner is the most frequently flouted maxim involved in symbolic interpretations in the play, which comes as a result of the intended ambiguity and obscurity manipulated in the descriptions of the scenes, the playwright’s remarks and the characters’ references. In order to achieve the aims of the study and test its hypotheses, a theoretical background about symbolism in general and symbolism from pragma-stylistic points of view is presented. Then, (six) extracts of Him according to Eco’s (1984) model Semiotics and the Philosophy of Language are analyzed. The findings of the analysis verify the above-mentioned hypotheses.

Keywords: pragmatic function, stylistic function, Symbolism, pragma-stylistics, Cummings

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Authors: Ilda Muçmataj, Anjeza Liçenji, Borana Kalemi

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Copyright and related rights have been pivotal in driving the economic growth of nations worldwide and fostering culture and new forms of entertainment. The introduction of the internet and technological advancement has significantly expanded the opportunities for creators and rights holders to promote their works and boost their revenues. However, this digital era has also brought about complex challenges, leading to a more extensive range of copyright infringement, primarily due to the substantial surge in piracy and counterfeiting. Despite being reported internationally, the mechanisms to tackle and the responsibility for enforcing copyright infringements often remain rooted in national jurisdictions, resulting in a gap between the scale of the problem and the efficacy of enforcement measures. Thus, it is essential to ensure adequate legal protection, a vital safeguard for authors' economic and moral interests, information security, innovative development promotion, and intellectual creativity preservation. This paper describes Albanian criminal law-based copyright enforcement legislation, focusing on doctrinal guidance and practical judicial considerations. Lastly, the paper offers recommendations for enhancing copyright protection and related rights.

Keywords: author, copyright infringement, copyright, criminal liability, intellectual property, piracy

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Authors: Kisik Song, Sungjoo Lee

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With the growing importance of intangible assets recently, the impact of patent infringement on the business of a company has become more evident. Accordingly, it is essential for firms to estimate the risk of patent infringement risk before developing a technology and create new technology ideas to avoid the risk. Recognizing the needs, several attempts have been made to help develop new technology opportunities and most of them have focused on identifying emerging vacant technologies from patent analysis. In these studies, the IPC (International Patent Classification) system or keywords from text-mining application to patent documents was generally used to define vacant technologies. Unlike those studies, this study adopted F-term, which classifies patent documents according to the technical features of the inventions described in them. Since the technical features are analyzed by various perspectives by F-term, F-term provides more detailed information about technologies compared to IPC while more systematic information compared to keywords. Therefore, if well utilized, it can be a useful guideline to create a new technology idea. Recognizing the potential of F-term, this paper aims to suggest a novel approach to developing new technology ideas to avoid patent infringement based on F-term. For this purpose, we firstly collected data about F-term and then applied text-mining to the descriptions about classification criteria and attributes. From the text-mining results, we could identify other technologies with similar technical features of the existing one, the patented technology. Finally, we compare the technologies and extract the technical features that are commonly used in other technologies but have not been used in the existing one. These features are presented in terms of “purpose”, “function”, “structure”, “material”, “method”, “processing and operation procedure” and “control means” and so are useful for creating new technology ideas that help avoid infringing patent rights of other companies. Theoretically, this is one of the earliest attempts to adopt F-term to patent analysis; the proposed methodology can show how to best take advantage of F-term with the wealth of technical information. In practice, the proposed methodology can be valuable in the ideation process for successful product and service innovation without infringing the patents of other companies.

Keywords: patent infringement, new technology ideas, patent analysis, F-term

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Authors: Chryssantus Kastowo, Theresia Anita Christiani, Anny Retnowati

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Copyright infringement as a form of infringement does not always mean causing harm to the creator. This can be proven with so many copyright violations in society and there is no significant law enforcement effort when compared with the violations that occurred. Copyright law as a form of appreciation from the state to the creator becomes counter productive if there is omission of violations. The problem raised in this article is how is the model of copyright regulation in accordance with the purpose of the law of copyright protection. This article is based on normative legal research focusing on secondary data. The analysis used is a conceptual approach. The analysis shows that the regulation of copyright emphasizes as a subjective right that is wholly within the author's power. This perspective will affect the claim of rights by the creator or allow violations. The creator is obliged to maintain the overall performance of copyright protection, especially in the event of a violation.

Keywords: copyright, enforcement, law, violation

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Authors: Magdi Elmessiry, Adel Elmessiry

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The fashion industry represents a significant portion of the global gross domestic product, however, it is plagued by cheap imitators that infringe on the trademarks which destroys the fashion industry's hard work and investment. While eventually the copycats would be found and stopped, the damage has already been done, sales are missed and direct and indirect jobs are lost. The infringer thrives on two main facts: the time it takes to discover them and the lack of tracking technologies that can help the consumer distinguish them. Blockchain technology is a new emerging technology that provides a distributed encrypted immutable and fault resistant ledger. Blockchain presents a ripe technology to resolve the infringement epidemic facing the fashion industry. The significance of the study is that a new approach leveraging the state of the art blockchain technology coupled with artificial intelligence is used to create a framework addressing the fashion infringement problem. It transforms the current focus on legal enforcement, which is difficult at best, to consumer awareness that is far more effective. The framework, Crypto CopyCat, creates an immutable digital asset representing the actual product to empower the customer with a near real time query system. This combination emphasizes the consumer's awareness and appreciation of the product's authenticity, while provides real time feedback to the producer regarding the fake replicas. The main findings of this study are that implementing this approach can delay the fake product penetration of the original product market, thus allowing the original product the time to take advantage of the market. The shift in the fake adoption results in reduced returns, which impedes the copycat market and moves the emphasis to the original product innovation.

Keywords: fashion, infringement, blockchain, artificial intelligence, textiles supply chain

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Authors: Monika Florczak-Wator

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The model of positive obligations of the state concerning the protection of the rights of an individual was created within the jurisdiction of the German Federal Constitutional Court in the 1970s. That model assumes that the state should protect an individual against infringement of their fundamental rights by another individual. It is based on the idea concerning the modification of the function and duties of the state towards an individual and society. Initially the state was perceived as the main infringer of the fundamental rights of an individual formulating the individual’s obligations of negative nature (obligation of noninterference), however, at present the state is perceived as a guarantor and protector of the fundamental rights of an individual of positive nature (obligation of protection). Examination of the chosen judicial decisions of that court will enable us to determine what the obligation of protection is specifically about, when it is updated and whether it is accompanied by claims of an individual requesting the state to take actions protecting their fundamental rights against infringement by the private entities. The comparative perspective for the German model of positive obligations of the state will be an analogous model present in the jurisdiction of the European Court of Human Rights. It is justified to include it in the research as the Convention, similarly to the constitution, focuses on the protection of an individual against the infringement of their rights by the state and both models have been developed within the jurisdiction for several dozens of years. Analysis of the provisions of the Constitution of the Republic of Poland as well as judgements of the Polish Constitutional Tribunal will allow for the presentation of the application the model of the protective duties of the state in Poland.

Keywords: human rights, horizontal relationships, constitution, state protection

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Authors: Mohammadbagher Asghariaghamashhadi

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Internet users normally are automatically linked to an advertisement sponsored by a bidder when Internet users enter any trademarked keyword on a search engine. This advertisement appears beside the search results. Through the process of keyword advertising, advertisers can connect with many Internet users and let them know about their goods and services. This concept has generated heated disagreements among legal scholars, trademark proprietors, advertisers, search engine owners, and consumers. Therefore, use of trademarks in keyword advertising has been one of the most debatable issues in trademark law for several years. This entirely new way of using trademarks over the Internet has provoked a discussion concerning the core concepts of trademark law. In respect to legal issues, European Union (EU) trademark law is mostly governed by the Trademark Directive and the Community Trademark Regulation. Article 5 of the directive and Article 9 of the trademark regulation determine the circumstances in which a trademark owner holds the right to prohibit a third party’s use of his/her registered sign. Harmonized EU trademark law proved to be ambiguous on whether using of a trademark is amounted to trademark infringement or not. The case law of the European Court of Justice (ECJ), with reference to this legislation, is mostly unfavorable to trademark owners. This ambivalence was also exhibited by the case law of EU Member States. European keyword advertisers simply could not tell which use of a competitor‘s trademark was lawful. In recent years, ECJ has continuously expanded the scope and reach of trademark protection in the EU. It is notable that Inconsistencies in the Court’s system of infringement criteria clearly come to the fore and this approach has been criticized by analysts who believe that the Court should have adopted a more traditional approach to the analysis of trademark infringement, which was suggested by its Advocate General, in order to arrive at the same conclusion. Regarding case law of keyword advertising within Europe, one of the most disputable cases is Interflora vs. Marks and Spencer, which is still on-going. This study examines and critically analyzes the decisions of the ECJ, the high court of England, and the Court of Appeals of England and address critically keyword advertising issue within European trademark legislation.

Keywords: ECJ, Google, Interflora, keyword advertising, Marks and Spencer, trademark infringement

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Authors: Maxim S. Botalov, Svetlana М. Titova, Denis V. Smyshlyaev, Grigory M. Bunkov, Evgeny V. Kirillov, Sergey V. Kirillov, Maxim A. Mashkovtsev, Vladimir N. Rychkov

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In uranium production, in-situ leaching (ISL) with its relatively low cost has become an important technology. As the orebody containing uranium most often contains a considerable value of other metals, particularly rare earth metals it has rendered feasible to recover the REM from the barren ISL solutions, from which the major uranium content has been removed. Ural Federal University (UrFU, Ekaterinburg, Russia) have performed joint research on the development of industrial technologies for the extraction of REM and Scandium compounds from Uranium ISL solutions. Leaching experiments at UrFU have been supported with multicomponent solution model. The experimental work combines solvent extraction with advanced ion exchange methodology in a pilot facility capable of treating 500 kg/hr of solids. The pilot allows for the recovery of a 99% concentrate of scandium oxide and collective concentrate with over 50 % REM content, with further recovery of heavy and light REM concentrates (99%).

Keywords: extraction, ion exchange, rare earth elements, scandium

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Authors: Ashaawari Datta Chaudhuri

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India is a country that worships sports, especially cricket and football. This paper investigates the different intellectual property law issues that arise for sports. The paper will be a study of the legal precedents and landmark judgements in India for sports law. Some of the issues, such as brand abuse, misbranding, and infringement of IP, are very common and will be studied through case-based analysis. As a developing country, India is coping with new issues for theft of IP in different sectors. It has sportspersons of various kinds representing the country in many international events. This invites various problems in terms of recognition, credit, brand promotions, sponsorships, endorsements, and merchandising. Intellectual property is vital in many such endeavors for both brands and sportspersons. One of the major values associated with sport is ethics. Fairness, equality, and basic concern for credit are crucial in this industry. This paper will focus mostly on issues pertaining to design, trademarks, and copyrights. The contribution of this paper would be to study different problems and identify the gaps that require legislative intervention and policymaking. This is important to help boost businesses and brands associated with this industry to help occupy spaces in the market.

Keywords: copyright, design, intellectual property, Indian landscape for sports law, patents, trademark, licensing, infringement

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Authors: Yi Yang

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In the era of 'Internet plus', the rapid development of webcast has posed new challenges to the intellectual property law. Meanwhile, traditional copyright protection has also exposed the existing theoretical imbalance in webcast. Through the analysis of the outstanding problems in the copyright protection of the network live broadcast, this paper points out that the main causes of the problems are the unclear nature of the copyright of the network live broadcast, the copyright protection system of the game network live broadcast has not yet been constructed, and the copyright infringement of the pan entertainment live broadcast is mostly, and so on. Based on the current practice, this paper puts forward the specific thinking of the protection path of online live broadcast copyright. First of all, to provide a reasonable judicial solution for a large number of online live copyright cases, we need to integrate the right scope and regulatory behavior of broadcasting right and information network communication right. Secondly, in order to protect the rights of network anchors, the webcast should be regarded as works. Thirdly, in order to protect the copyright of webcast and prevent the infringement of copyright by webcast, the webcast platform will be used as an intermediary to provide solutions for solving the judicial dilemma. In the era of 'Internet plus', it is a theoretical attempt to explore the protection and method of copyright protection on webcast, which has positive guiding significance for judicial practice.

Keywords: 'Internet Plus' era, webcast, copyright, protection dilemma

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Authors: Bouharati Lokman, Bouharati Imen, Bouharati Khaoula, Bouharati Oussama, Bouharati Saddek

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Ionizing radiation exposure is an established cancer risk factor. Compared to other common environmental carcinogens, it is relatively easy to determine organ-specific radiation dose and, as a result, radiation dose-response relationships tend to be highly quantified. Nevertheless, there can be considerable uncertainty about questions of radiation-related cancer risk as they apply to risk protection and public policy, and the interpretations of interested parties can differ from one person to another. Examples of tools used in the analysis of the risk of developing cancer due to radiation are characterized by uncertainty. These uncertainties are related to the history of exposure and different assumptions involved in the calculation. We believe that the results of statistical calculations are characterized by uncertainty and imprecision. Having regard to the physiological variation from one person to another. In this study, we develop a tool based on fuzzy logic inference. As fuzzy logic deals with imprecise and uncertain, its application in this area is adequate. We propose a fuzzy system with three input variables (age, sex and body attainable cancer). The output variable expresses the risk of infringement rate of each organ. A base rule is established from recorded actual data. After successful simulation, this will instantly predict the risk of infringement rate of each body following chronic exposure to 0.1 Gy.

Keywords: radiation exposure, cancer, modeling, fuzzy logic

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Authors: Reagan Rodriguez

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With a growing divide between political echo chambers in the United States, exacerbated by race and income inequality, it might seem to be unfathomable to draw connections that tie working class in an industrial city and a U.S. territory. Yet, in regions where either the economy has been hit due to dwindling job infrastructure or natural disasters have left indelible marks on an island already once marked by colonial imperialism, a larger social shared identity is at play. Fracking has long been an intergenerational and stable work opportunity for many in the Pittsburg PA, yet the rising severity of global climate change may soon impact the policy and even presidential elections which could result in the reduction of jobs in the industry. Cock-fighting, considered a cultural mainstay within the island of Puerto Rico, has already had legislation banning activity and thus cutting out one of the most lucrative aspects of a severely injured economy. Insecurity, infringement, and isolation while being tied to a working-class bracket with no other opportunities in proximity have left both groups expressing similar frustration and while another larger shared identity politic is giving little other options to develop social mobility. This paper utilizes a thematic analysis and compares convergent and divergent themes on internet forums amongst unionized fracking workers in Pittsburg and cockfighters in Puerto Rico. This research examines how group identity in relation to job and cultural identity is most strong and at which points its most malleable; when intergenerational job identity becomes a part of one’s cultural identity, its override may be strongest when it is perceived as threatened. Final findings and limitations were comprehensively outlined.

Keywords: identity threat, social psychology, group identity, culture and social mobility

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Authors: Evgeny Pyshkin, Maxim Mozgovoy, Vladislav Volkov

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The paper follows a discourse on computer-assisted language learning. We examine problems of foreign language teaching and learning and introduce a metamodel that can be used to define learning models of language grammar structures in order to support teacher/student interaction. Special attention is paid to the concept of a virtual language lab. Our approach to language education assumes to encourage learners to experiment with a language and to learn by discovering patterns of grammatically correct structures created and managed by a language expert.

Keywords: computer-assisted instruction, language learning, natural language grammar models, HCI

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Authors: Ephraim Daka, Maxim Kotsemir

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The National system Innovation (NSI) have recently proliferated as a vehicle for addressing poverty and national competitiveness in the developing countries. While several governments in Sub-Saharan Africa have adopted the developed countries’ models of innovation to local conditions, the Zambian case is rather unique. This study highlights conceptual and socioeconomic challenges directed to the performances of the NSI. The paper analyses science and technology strategies with the inclusion of “innovation” and its effect towards improving socioeconomic elements. The authors reviewed STI policy and national strategy documents, followed by interviews compared to economical regional and national data sets. The NSI and its related to inter-linkages and support mechanism to socioeconomic development were explored.

Keywords: national system of innovation, socioeconomics, development, Zambia

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Authors: Robert Ab Butarbutar, Sutan Musa Buyana

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Purpose: The purpose of this study is to empirically test the correlation between several variables: perceived quality, overall customer satisfaction and brand attitude to brand loyalty on Maxim magazine in Indonesia. Since the room of adult magazine in Indonesia is restricted, the study of this category has became so interesting to reveal how those variables occur. Design/ methodology/ approach: The combination of exploratory, descriptive and causal research design used in this study. Non-probability sampling, specifically purposive sampling used to determine 160 respondents. Path analysis used to examine the contribution of antecedents variables, perceived quality, overall satisfaction and brand attitude in contribution to brand loyalty. Additional respondents serve for in-depth interview to enrich findings from questionnaire that directly distributed. Findings: The research shows that perceived quality positively contribute to overall satisfaction and brand attitude. Overall satisfaction also positively influence brand attitude and brand loyalty. Finally, brand attitude directly impact to brand loyalty. Despite the hypothesis testing, qualitative research also shows specific behavior of Indonesian customer in consuming adult magazine. Research limitation/implication: This research limited to adult male (18 years at minimum) and who live in big city as Jakarta. Broader geographical coverage is advisable for further research. This study also serves a call for additional empirical research into different product category that targeted to adult male, Since the research of this segment is quite scarce. Managerial Implications: Since findings show perceived quality positively impact and strong contribute to overall satisfaction and brand attitude, it implies for adult magazine to be driven by quality of content. The selection of model, information of current lifestyle of urban male became prioritizes in developing perceived quality. Differentiation also emerges as critical issues since consumer difficult to differentiate significantly one magazine to another. The way magazine deliver its content toward distinctive communication is highly recommended. Furthermore, brand loyalty faces big challenge. Interactivity toward events and social media become critically important. Originality/ value: perceived quality plays as prerequisite to develop overall satisfaction and brand attitude. Finding shows customer difficult to differentiate among adult magazines. Therefore, brand loyalty become a big challenge for company.

Keywords: perceived quality, overall satisfaction, brand attitude, adult magazine

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Authors: Daniia Nigmatullina, Vlada Kugurakova, Maxim Talanov

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We present a methodology and our plans of anthropomorphic social agent visualization. That includes creation of three-dimensional model of the virtual companion's head and its facial expressions. Talking Head is a cross-disciplinary project of developing of the human-machine interface with cognitive functions. During the creation of a realistic humanoid robot or a character, there might be the ‘uncanny valley’ problem. We think about this phenomenon and its possible causes. We are going to overcome the ‘uncanny valley’ by increasing of realism. This article discusses issues that should be considered when creating highly realistic characters (particularly the head), their facial expressions and speech visualization.

Keywords: anthropomorphic social agent, facial animation, uncanny valley, visualization, 3D modeling

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Authors: Qing Cao

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Generally speaking, China has a relatively high level of intellectual property (IP) infringement. Risk assessment is indispensable in the strategic planning process. To complement the current literature in international business, the paper sheds the light on how to assess IP risk for foreign companies in planning market entry to China. Evaluating internal and external IP environment, proposed in the paper, consists of external analysis, internal analysis and further internal analysis. Through position the company’s IP environment, the risk assessment approach enables the foreign companies to either build the corresponding IP strategies or abort the entry plan beforehand to minimize the IP risks.

Keywords: intellectual property, IP environment, risk assessment

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Authors: Maxim A. Kadatskiy, Konstantin V. Khishchenko

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Iron alloys are widespread components in various types of structural materials which are exposed to intensive thermal and mechanical loads. Various quantum-statistical cell models with the approximation of self-consistent field can be used for the prediction of the behavior of these materials under extreme conditions. The application of these models is even more valid, the higher the temperature and the density of matter. Results of Hugoniot calculation for iron alloys in the framework of three quantum-statistical (the Thomas–Fermi, the Thomas–Fermi with quantum and exchange corrections and the Hartree–Fock–Slater) models are presented. Results of quantum-statistical calculations are compared with results from other reliable models and available experimental data. It is revealed a good agreement between results of calculation and experimental data for terra pascal pressures. Advantages and disadvantages of this approach are shown.

Keywords: alloy, Hugoniot, iron, terapascal pressure

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Authors: Althaf Marsoof

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The blocking injunction, giving rise to a ‘notice and block’ regime, has become the new approach to curtail the infringement of Intellectual Property rights on the Internet. As such, the blocking injunction is an addition to the arsenal of copyright owners, and more recently has also benefited trademark owners, in their battle against piracy and counterfeiting. Yet, the blocking injunction, notwithstanding the usefulness of its ‘notice and block’ outcome, is not without limitations. In the circumstances, it is argued that ‘notice and takedown’, the approach that has been adopted by right-holders for some years, is still an important remedy against the proliferation of online content that infringe the rights of copyright and trademark owners, which is both viable and effective. Thus, it is suggested that the battle against online piracy and counterfeiting could be won only if both the blocking injunction and the practice of ‘notice and takedown’ are utilised by right-holders as complementary and simultaneous remedies.

Keywords: blocking injunctions, internet intermediaries, notice and takedown, intellectual property

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Authors: Marton Gergely

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Digital experience goods, such as music and video, are readily available and easily accessible through a sundry of illegal mediums. Furthermore, the rate of music theft has been increasing at a seemingly unstoppable rate. Instead of studying the effect of copyright infringement on affected shareholders, this paper aims to examine the overall impact that digital music piracy has on society as a whole. Through a systems dynamics approach, an archetype is built to model the behavior of both legal and illegal music users. Additionally, the effects over time are considered. The conceptual model suggests that if piracy continues to grow at the current pace, industry shareholders will eventually lose the motivation to supply new music. In turn, this tragedy would affect not only the illegal players, but legal consumers as well, by means of a decrease in overall quality of life.

Keywords: music piracy, illegal downloading, tragedy of the commons, system archetypes

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Authors: Nqobizwe Mvelo Ngema

Abstract:

Botswana has a dual legal system, one based on customary law and the other on the received law. This appears clearly from the Constitution that ring-fenced customary law from any constitutional scrutiny. A customary practice may continue even if it discriminates against women and children. As a result of this, numerous human rights of children are infringed. Firstly, if parents are married under customary law and separated, the custody is granted to the father and the mother merely having the right to visit. Secondly, female children are not entitled to inherit property. Thirdly, there is no age for marriage under customary law and even a child at the age of 10 years can get married. Lastly, marital power of a husband still continues under customary law and therefore females are still treated as perpetual minors. The latter infringement of rights is not in the best interests of children and conflicts with Botswana’s international obligations. Botswana is a signatory of various international and regional human rights instruments and it is suggested that it has to accelerate the incorporation of human rights instruments into domestic law in order to safeguard the best interest of children.

Keywords: custody, marital power, children's best interest, customary law

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Authors: Matan Cohen, Maxim Shoshany

Abstract:

Climatic, topographic and geological diversity, together with frequent disturbance and recovery cycles, produce highly complex spatial patterns of trees, shrubs, dwarf shrubs and bare ground patches. Assessment of spatial and temporal variations of these life-forms patterns under climate change is of high ecological priority. Here we report on one of the first attempts to discriminate between images of three Mediterranean life-forms patterns at three densities. The development of an extensive database of orthophoto images representing these 9 pattern categories was instrumental for training and testing pre-trained and newly-trained DL models utilizing DenseNet architecture. Both models demonstrated the advantages of using Deep Learning approaches over existing spectral and spatial (pattern or texture) algorithmic methods in differentiation 9 life-form spatial mixtures categories.

Keywords: texture classification, deep learning, desert fringe ecosystems, climate change

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Authors: Maxim Panov, Evgenia Khairullina, Sergey Ermakov, Oleg Gundobin, Vladimir Kochemirovsky

Abstract:

The continuous in situ laser-induced catalysis proceeding via generation and growth of nano-sized copper particles was discussed. Also, the simple and lost-cost method for manufacturing of microstructural copper electrodes was proposed. The electrochemical properties of these electrodes were studied by cyclic voltammetry and impedance spectroscopy. The surface of the deposited copper structures (electrodes) was investigated by X-ray photoelectron spectroscopy and atomic force microscopy. These microstructures are highly conductive and porous with a dispersion of pore size ranging from 50 nm to 50 μm. An analytical response of the fabricated copper electrode is 30 times higher than those observed for a pure bulk copper with similar geometric parameters. A study of sensory characteristics for hydrogen peroxide determination showed that the value of Faraday current at the fabricated copper electrode is 2-2.5 orders of magnitude higher than for etalon one.

Keywords: laser-induced deposition, electrochemical electrodes, non-enzymatic sensors, copper

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Authors: Virgil Florescu, Lucian Capitanu

Abstract:

The studies performed by the author and presented here focus mainly on the FE simulation of some relevant phenomena related to stability of orthopedic implants, especially those components of Total Hip Prostheses. The objectives are to study the mechanisms of achieving stability of acetabular prosthetic components and the influence of some characteristic parameters, to evaluate the effect of femoral stem fixation modality on the stability of prosthetic component and to predict long-term behavior, to analyze a critical phenomena which influence the loading transfer mechanism through artificial joints and could lead to aseptic loosening – the wear of joint frictional surfaces. After a theoretical background an application is made considering only three activities: normal walking, stair ascending and stair descending. For each activity, this function is maximized in a different locations: if for normal walking the maxima is in the superior-posterior part of the acetabular cup, for stair descending this maxim value could be located rather in the superior-anterior part, for stair ascending being even closer to the central area of the cup.

Keywords: THA, acetabular stability, FEM simulation, stresses and displacements, wear tests, wear simulation

Procedia PDF Downloads 265