Search results for: Boundness Property Checking.
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 633

Search results for: Boundness Property Checking.

633 On Analysis of Boundness Property for ECATNets by Using Rewriting Logic

Authors: Noura Boudiaf, Allaoua Chaoui

Abstract:

To analyze the behavior of Petri nets, the accessibility graph and Model Checking are widely used. However, if the analyzed Petri net is unbounded then the accessibility graph becomes infinite and Model Checking can not be used even for small Petri nets. ECATNets [2] are a category of algebraic Petri nets. The main feature of ECATNets is their sound and complete semantics based on rewriting logic [8] and its language Maude [9]. ECATNets analysis may be done by using techniques of accessibility analysis and Model Checking defined in Maude. But, these two techniques supported by Maude do not work also with infinite-states systems. As a category of Petri nets, ECATNets can be unbounded and so infinite systems. In order to know if we can apply accessibility analysis and Model Checking of Maude to an ECATNet, we propose in this paper an algorithm allowing the detection if the ECATNet is bounded or not. Moreover, we propose a rewriting logic based tool implementing this algorithm. We show that the development of this tool using the Maude system is facilitated thanks to the reflectivity of the rewriting logic. Indeed, the self-interpretation of this logic allows us both the modelling of an ECATNet and acting on it.

Keywords: ECATNets, Rewriting Logic, Maude, Finite-stateSystems, Infinite-state Systems, Boundness Property Checking.

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632 BDD Package Based on Boolean NOR Operation

Authors: M. Raseen, A.Assi, P.W. C. Prasad, A. Harb

Abstract:

Binary Decision Diagrams (BDDs) are useful data structures for symbolic Boolean manipulations. BDDs are used in many tasks in VLSI/CAD, such as equivalence checking, property checking, logic synthesis, and false paths. In this paper we describe a new approach for the realization of a BDD package. To perform manipulations of Boolean functions, the proposed approach does not depend on the recursive synthesis operation of the IF-Then-Else (ITE). Instead of using the ITE operation, the basic synthesis algorithm is done using Boolean NOR operation.

Keywords: Binary Decision Diagram (BDD), ITE Operation, Boolean Function, NOR operation.

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631 Model Checking Consistency of UML Diagrams Using Alloy

Authors: Akie Nimiya, Tomoyuki Yokogawa, Hisashi Miyazaki, Sousuke Amasaki, Yoichiro Sato, Michiyoshi Hayase

Abstract:

In this paper, we proposed a method for detecting consistency violation between UML state machine diagrams and communication diagrams using Alloy. Using input language of Alloy, the proposed method expresses system behaviors described by state machine diagrams, message sequences described by communication diagrams, and a consistency property. As a result of application for an example system, we confirmed that consistency violation could be detected using Alloy correctly.

Keywords: Model checking, UML, state machine diagrams, communication diagram, alloy.

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630 Verification and Validation for Java Classes using Design by Contract. The Modular External Approach

Authors: Dario Ramirez de Leon, Oscar Chavez Bosquez, Julian J. Francisco Leon

Abstract:

Since the conception of JML, many tools, applications and implementations have been done. In this context, the users or developers who want to use JML seem surounded by many of these tools, applications and so on. Looking for a common infrastructure and an independent language to provide a bridge between these tools and JML, we developed an approach to embedded contracts in XML for Java: XJML. This approach offer us the ability to separate preconditions, posconditions and class invariants using JML and XML, so we made a front-end which can process Runtime Assertion Checking, Extended Static Checking and Full Static Program Verification. Besides, the capabilities for this front-end can be extended and easily implemented thanks to XML. We believe that XJML is an easy way to start the building of a Graphic User Interface delivering in this way a friendly and IDE independency to developers community wich want to work with JML.

Keywords: Model checking, verification and validation, JML, XML, java, runtime assertion checking, extended static checking, full static program verification.

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629 The Performance of the Character-Access on the Checking Phase in String Searching Algorithms

Authors: Mahmoud M. Mhashi

Abstract:

A new algorithm called Character-Comparison to Character-Access (CCCA) is developed to test the effect of both: 1) converting character-comparison and number-comparison into character-access and 2) the starting point of checking on the performance of the checking operation in string searching. An experiment is performed; the results are compared with five algorithms, namely, Naive, BM, Inf_Suf_Pref, Raita, and Circle. With the CCCA algorithm, the results suggest that the evaluation criteria of the average number of comparisons are improved up to 74.0%. Furthermore, the results suggest that the clock time required by the other algorithms is improved in range from 28% to 68% by the new CCCA algorithm

Keywords: Pattern matching, string searching, charactercomparison, character-access, and checking.

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628 Development of A Meta Description Language for Software/Hardware Cooperative Design and Verification for Model-Checking Systems

Authors: Katsumi Wasaki, Naoki Iwasaki

Abstract:

Model-checking tools such as Symbolic Model Verifier (SMV) and NuSMV are available for checking hardware designs. These tools can automatically check the formal legitimacy of a design. However, NuSMV is too low level for describing a complete hardware design. It is therefore necessary to translate the system definition, as designed in a language such as Verilog or VHDL, into a language such as NuSMV for validation. In this paper, we present a meta hardware description language, Melasy, that contains a code generator for existing hardware description languages (HDLs) and languages for model checking that solve this problem.

Keywords: meta description language, software/hardware codesign, co-verification, formal verification, hardware compiler, modelchecking.

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627 Research and Development of Intelligent Cooling Channels Design System

Authors: Q. Niu, X. H. Zhou, W. Liu

Abstract:

The cooling channels of injection mould play a crucial role in determining the productivity of moulding process and the product quality. It’s not a simple task to design high quality cooling channels. In this paper, an intelligent cooling channels design system including automatic layout of cooling channels, interference checking and assembly of accessories is studied. Automatic layout of cooling channels using genetic algorithm is analyzed. Through integrating experience criteria of designing cooling channels, considering the factors such as the mould temperature and interference checking, the automatic layout of cooling channels is implemented. The method of checking interference based on distance constraint algorithm and the function of automatic and continuous assembly of accessories are developed and integrated into the system. Case studies demonstrate the feasibility and practicality of the intelligent design system.

Keywords: Injection mould, cooling channel, automatic layout, interference checking.

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626 Formal Modeling and Verification of Software Models

Authors: Siamak Rasulzadeh

Abstract:

Graph transformation has recently become more and more popular as a general visual modeling language to formally state the dynamic semantics of the designed models. Especially, it is a very natural formalism for languages which basically are graph (e.g. UML). Using this technique, we present a highly understandable yet precise approach to formally model and analyze the behavioral semantics of UML 2.0 Activity diagrams. In our proposal, AGG is used to design Activities, then using our previous approach to model checking graph transformation systems, designers can verify and analyze designed Activity diagrams by checking the interesting properties as combination of graph rules and LTL (Linear Temporal Logic) formulas on the Activities.

Keywords: UML 2.0 Activity, Verification, Model Checking, Graph Transformation, Dynamic Semantics.

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625 The Negative Effect of Traditional Loops Style on the Performance of Algorithms

Authors: Mahmoud Moh'd Mhashi

Abstract:

A new algorithm called Character-Comparison to Character-Access (CCCA) is developed to test the effect of both: 1) converting character-comparison and number-comparison into character-access and 2) the starting point of checking on the performance of the checking operation in string searching. An experiment is performed using both English text and DNA text with different sizes. The results are compared with five algorithms, namely, Naive, BM, Inf_Suf_Pref, Raita, and Cycle. With the CCCA algorithm, the results suggest that the evaluation criteria of the average number of total comparisons are improved up to 35%. Furthermore, the results suggest that the clock time required by the other algorithms is improved in range from 22.13% to 42.33% by the new CCCA algorithm.

Keywords: Pattern matching, string searching, charactercomparison, character-access, text type, and checking

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624 Stability of Property (gm) under Perturbation and Spectral Properties Type Weyl Theorems

Authors: M. H. M. Rashid

Abstract:

A Banach space operator T obeys property (gm) if the isolated points of the spectrum σ(T) of T which are eigenvalues are exactly those points λ of the spectrum for which T − λI is a left Drazin invertible. In this article, we study the stability of property (gm), for a bounded operator acting on a Banach space, under perturbation by finite rank operators, by nilpotent operators, by quasi-nilpotent operators, or more generally by algebraic operators commuting with T.

Keywords: Weyl’s theorem, Weyl spectrum, polaroid operators, property (gm), property (m).

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623 Validation of Automation Systems using Temporal Logic Model Checking and Groebner Bases

Authors: Quoc-Nam Tran, Anjib Mulepati

Abstract:

Validation of an automation system is an important issue. The goal is to check if the system under investigation, modeled by a Petri net, never enters the undesired states. Usually, tools dedicated to Petri nets such as DESIGN/CPN are used to make reachability analysis. The biggest problem with this approach is that it is impossible to generate the full occurence graph of the system because it is too large. In this paper, we show how computational methods such as temporal logic model checking and Groebner bases can be used to verify the correctness of the design of an automation system. We report our experimental results with two automation systems: the Automated Guided Vehicle (AGV) system and the traffic light system. Validation of these two systems ranged from 10 to 30 seconds on a PC depending on the optimizing parameters.

Keywords: Computational Intelligence, Temporal Logic Reasoning, Model Checking, Groebner Bases.

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622 Comparative Analysis of Commercial Property and Stock-Market Investments in Nigeria

Authors: Bello Nurudeen Akinsola

Abstract:

The study analyzed the risk and returns of commercial-property in Southwestern Nigeria and selected stocksmarket investment between 2000 and 2009; compared the inflation hedging characteristics and diversification potentials of investing in commercial-property and selected stock- market investment. Primary data were collected on characteristics, rental and capital values of commercial- properties from their property managers through the use of questionnaire. Secondary data on stock prices and dividends on banking, insurance and conglomerates sectors were sourced from the Nigerian Stock Exchange (2000-2009). The result showed that average return on all the selected stock- investments was higher than that of commercial-property. As regards risk, commercial-property indicated lower risk, compared to stocks. Also the stock-investment had better inflation hedging capacity than commercial-properties; combination of both had diversification potentials. The study concluded that stock-market investment offered attractive higher return than commercial-property although with higher risk and there could be diversification benefits in combining commercial-property with stock- investment.

Keywords: Commercial-Property, Return, Risk, Stock Market

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621 Technology Assessment: Exploring Possibilities to Encounter Problems Faced by Intellectual Property through Blockchain

Authors: M. Ismail, E. Grifell-Tatjé, A. Paz

Abstract:

A significant discussion on the topic of blockchain as a solution to the issues of intellectual property highlights the relevance that this topic holds. Some experts label this technology as destructive since it holds immense potential to change course of traditional practices. The extent and areas to which this technology can be of use are still being researched. This paper provides an in-depth review on the intellectual property and blockchain technology. Further it explores what makes blockchain suitable for intellectual property, the practical solutions available and the support different governments are offering. This paper further studies the framework of universities in context of its outputs and how can they be streamlined using blockchain technology. The paper concludes by discussing some limitations and future research question.

Keywords: Blockchain, decentralization, open innovation, intellectual property, patents, university-industry relationship.

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620 Calculus-based Runtime Verification

Authors: Xuan Qi, Changzhi Zhao

Abstract:

In this paper, a uniform calculus-based approach for synthesizing monitors checking correctness properties specified by a large variety of logics at runtime is provided, including future and past time logics, interval logics, state machine and parameterized temporal logics. We present a calculus mechanism to synthesize monitors from the logical specification for the incremental analysis of execution traces during test and real run. The monitor detects both good and bad prefix of a particular kind, namely those that are informative for the property under investigation. We elaborate the procedure of calculus as monitors.

Keywords: calculus, eagle logic, monitor synthesis, runtime verification

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619 The Importance of Intellectual Property for Universities of Technology in South Africa: Challenges Faced and Proposed Way Forward

Authors: Martha E. Ikome, John M. Ikome

Abstract:

Intellectual property should be a day-to-day business decision due to its value, but increasingly, a number of institution are still not aware of the importance. Intellectual Property (IP) and its value are often not adequately appreciated. In the increasingly knowledge-driven economy, IP is a key consideration in day-to-day business decisions because new ideas and products appear almost daily in the market, which results in continuous innovation and research. Therefore, this paper will focus on the importance of IP for universities of technology and also further demonstrates how IP can become an economic tool and the challenges faced by these universities in implementing an IP system.

Keywords: Intellectual property, institutions, challenges, protection.

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618 Readiness of Intellectual Capital Measurement: A Review of the Property Development and Investment Industry

Authors: Edward C. W. Chan, Benny C. F. Cheung

Abstract:

In the knowledge economy, the financial indicator is not the unique instrument to gauge the performance of a company. The role of intellectual capital contributing to the company performance is increasing. To measure the company performance due to intellectual capital, the value-added intellectual capital (VAIC) model is adopted to measure the intellectual capital utilization efficiency of the subject companies. The purpose of this study is to review the readiness of measuring intellectual capital for the Hong Kong listed companies in the property development and property investment industry by using VAIC model. This study covers the financial reports from the representative Hong Kong listed property development companies and property investment companies in the period 2014-2019. The findings from this study indicated the industry is ready for IC measurement employing VAIC framework but not yet ready for using the extended VAIC model.

Keywords: Intellectual capital, intellectual capital measurement, property development, property investment, Skandia Navigator, VAIC.

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617 Symbolic Model Checking of Interactions in Sequence Diagrams with Combined Fragments by SMV

Authors: Yuka Kawakami, Tomoyuki Yokogawa, Hisashi Miyazaki, Sousuke Amasaki, Yoichiro Sato, Michiyoshi Hayase

Abstract:

In this paper, we proposed a method for detecting consistency violation between state machine diagrams and a sequence diagram defined in UML 2.0 using SMV. We extended a method expressing these diagrams defined in UML 1.0 with boolean formulas so that it can express a sequence diagram with combined fragments introduced in UML 2.0. This extension made it possible to represent three types of combined fragment: alternative, option and parallel. As a result of experiment, we confirmed that the proposed method could detect consistency violation correctly with SMV.

Keywords: UML, model checking, SMV, sequence diagram.

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616 An Automation of Check Focusing on CRUD for Requirements Analysis Model in UML

Authors: Shinpei Ogata, Yoshitaka Aoki, Hirotaka Okuda, Saeko Matsuura

Abstract:

A key to success of high quality software development is to define valid and feasible requirements specification. We have proposed a method of model-driven requirements analysis using Unified Modeling Language (UML). The main feature of our method is to automatically generate a Web user interface mock-up from UML requirements analysis model so that we can confirm validity of input/output data for each page and page transition on the system by directly operating the mock-up. This paper proposes a support method to check the validity of a data life cycle by using a model checking tool “UPPAAL" focusing on CRUD (Create, Read, Update and Delete). Exhaustive checking improves the quality of requirements analysis model which are validated by the customers through automatically generated mock-up. The effectiveness of our method is discussed by a case study of requirements modeling of two small projects which are a library management system and a supportive sales system for text books in a university.

Keywords: CRUD, Model Checking, Model Driven Development, Requirements Analysis, Unified Modeling Language, UPPAAL.

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615 Intellectual Property Protection of CRISPR Related Technologies

Authors: Zheng Miao, Dennis Fernandez

Abstract:

CRISPR research has the potential to completely transform life science, agriculture, live-stock and the health care industry. The Intellectual Property derived from its research has raised significant attention in the academic as well as the biopharmaceutical industry culminating an urgent need for strategic IP protection. We review the rudimentary concepts and key competitors of CRISPR technologies as well as the paramount strategies for intellectual property protection. Further, we elaborate on prosecution issues related to CRISPR patents as well as possible solutions to various patent laws, interferences and litigation. Finally, we address how the bioinformatics of the CRISPR technology begs an inquiry into issues of privacy and a host of ethical concerns.

Keywords: Bioinformatics, CRISPR, biotechnology, intellectual property.

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614 The Problems of Legal Regulation of Intellectual Property Rights in Innovation Activities in Russia (Institutional Approach)

Authors: Zhanna Mingaleva, Irina Mirskikh

Abstract:

Part IV of the Civil Code of the Russian Federation dedicated to legal regulation of Intellectual property rights came into force in 2008. It is a first attempt of codification in Intellectual property sphere in Russia. That is why a lot of new norms appeared. The main problem of the Russian Civil Code (part IV) is that many rules (norms of Law) contradict the norms of International Intellectual property Law (i.e. protection of inventions, creations, ideas, know-how, trade secrets, innovations). Intellectual property rights protect innovations and creations and reward innovative and creative activity. Intellectual property rights are international in character and in that respect they fit in rather well with the economic reality of the global economy. Inventors prefer not to take out a patent for inventions because it is a very difficult procedure, it takes a lot of time and is very expensive. That-s why they try to protect their inventions as ideas, know-how, confidential information. An idea is the main element of any object of Intellectual property (creation, invention, innovation, know-how, etc.). But ideas are not protected by Civil Code of Russian Federation. The aim of the paper is to reveal the main problems of legal regulation of Intellectual property in Russia and to suggest possible solutions. The authors of this paper have raised these essential issues through different activities. Through the panel survey, questionnaires which were spread among the participants of intellectual activities the main problems of implementation of innovations, protecting of the ideas and know-how were identified. The implementation of research results will help to solve economic and legal problems of innovations, transfer of innovations and intellectual property.1

Keywords: Innovation activities, intellectual property rights, know-how, patents, indicators of innovation activities

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613 Economic Neoliberalism: Property Right and Redistribution Policy

Authors: Aleksandar Savanović

Abstract:

In this paper, we will analyze the relationship between the neo-liberal concept of property rights and redistribution policy. This issue is back in the focus of interest due to the crisis 2008. The crisis has reaffirmed the influence of the state on the free-market processes. The interference of the state with property relations reopened a classical question: is it legitimate to redistribute resources of a man in favor of another man with taxes? The dominant view is that the neoliberal philosophy of natural rights is incompatible with redistributive measures. In principle, this view can be accepted. However, when we look into the details of the theory of natural rights proposed by some coryphaei of neoliberal philosophy, such as Hayek, Nozick, Buchanan and Rothbard, we can see that it is not such an unequivocal view. 

Keywords: Economic neoliberalism, natural law, property, redistribution

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612 Property Aggregation and Uncertainty with Links to the Management and Determination of Critical Design Features

Authors: Steven Whittle, Ingrida Valiusaityte

Abstract:

Within the domain of Systems Engineering the need to perform property aggregation to understand, analyze and manage complex systems is unequivocal. This can be seen in numerous domains such as capability analysis, Mission Essential Competencies (MEC) and Critical Design Features (CDF). Furthermore, the need to consider uncertainty propagation as well as the sensitivity of related properties within such analysis is equally as important when determining a set of critical properties within such a system. This paper describes this property breakdown in a number of domains within Systems Engineering and, within the area of CDFs, emphasizes the importance of uncertainty analysis. As part of this, a section of the paper describes possible techniques which may be used within uncertainty propagation and in conclusion an example is described utilizing one of the techniques for property and uncertainty aggregation within an aircraft system to aid the determination of Critical Design Features.

Keywords: Complex Systems, Critical Design Features, Property Aggregation, Uncertainty.

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611 Persistence of Termination for Non-Overlapping Term Rewriting Systems

Authors: Munehiro Iwami

Abstract:

A property is called persistent if for any many-sorted term rewriting system , has the property if and only if term rewriting system , which results from by omitting its sort information, has the property. In this paper,we show that termination is persistent for non-overlapping term rewriting systems and we give the example as application of this result. Furthermore we obtain that completeness is persistent for non-overlapping term rewriting systems.

Keywords: Theory of computing, Model-based reasoning, termrewriting system, termination

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610 W3-Miner: Mining Weighted Frequent Subtree Patterns in a Collection of Trees

Authors: R. AliMohammadzadeh, M. Haghir Chehreghani, A. Zarnani, M. Rahgozar

Abstract:

Mining frequent tree patterns have many useful applications in XML mining, bioinformatics, network routing, etc. Most of the frequent subtree mining algorithms (i.e. FREQT, TreeMiner and CMTreeMiner) use anti-monotone property in the phase of candidate subtree generation. However, none of these algorithms have verified the correctness of this property in tree structured data. In this research it is shown that anti-monotonicity does not generally hold, when using weighed support in tree pattern discovery. As a result, tree mining algorithms that are based on this property would probably miss some of the valid frequent subtree patterns in a collection of trees. In this paper, we investigate the correctness of anti-monotone property for the problem of weighted frequent subtree mining. In addition we propose W3-Miner, a new algorithm for full extraction of frequent subtrees. The experimental results confirm that W3-Miner finds some frequent subtrees that the previously proposed algorithms are not able to discover.

Keywords: Semi-Structured Data Mining, Anti-Monotone Property, Trees.

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609 A Formal Property Verification for Aspect-Oriented Programs in Software Development

Authors: Moustapha Bande, Hakima Ould-Slimane, Hanifa Boucheneb

Abstract:

Software development for complex systems requires efficient and automatic tools that can be used to verify the satisfiability of some critical properties such as security ones. With the emergence of Aspect-Oriented Programming (AOP), considerable work has been done in order to better modularize the separation of concerns in the software design and implementation. The goal is to prevent the cross-cutting concerns to be scattered across the multiple modules of the program and tangled with other modules. One of the key challenges in the aspect-oriented programs is to be sure that all the pieces put together at the weaving time ensure the satisfiability of the overall system requirements. Our paper focuses on this problem and proposes a formal property verification approach for a given property from the woven program. The approach is based on the control flow graph (CFG) of the woven program, and the use of a satisfiability modulo theories (SMT) solver to check whether each property (represented par one aspect) is satisfied or not once the weaving is done.

Keywords: Aspect-oriented programming, control flow graph, satisfiability modulo theories, property verification.

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608 Modernization of the Economic Price Adjustment Software

Authors: Roger L Goodwin

Abstract:

The US Consumer Price Indices (CPIs) measures hundreds of items in the US economy. Many social programs and government benefits index to the CPIs. The purpose of this project is to modernize an existing process. This paper will show the development of a small, visual, software product that documents the Economic Price Adjustment (EPA) for longterm contracts. The existing workbook does not provide the flexibility to calculate EPAs where the base-month and the option-month are different. Nor does the workbook provide automated error checking. The small, visual, software product provides the additional flexibility and error checking. This paper presents the feedback to project.

Keywords: Consumer Price Index, Economic Price Adjustment, contracts, visualization tools, database, reports, forms, event procedures.

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607 ISCS (Information Security Check Service) for the Safety and Reliability of Communications

Authors: Jong-Whoi Shin, Jin-Tae Lee, Sang-Soo Jang, Jae-II Lee

Abstract:

Recent widespread use of information and communication technology has greatly changed information security risks that businesses and institutions encounter. Along with this situation, in order to ensure security and have confidence in electronic trading, it has become important for organizations to take competent information security measures to provide international confidence that sensitive information is secure. Against this backdrop, the approach to information security checking has come to an important issue, which is believed to be common to all countries. The purpose of this paper is to introduce the new system of information security checking program in Korea and to propose synthetic information security countermeasures under domestic circumstances in order to protect physical equipment, security management and technology, and the operation of security check for securing services on ISP(Internet Service Provider), IDC(Internet Data Center), and e-commerce(shopping malls, etc.)

Keywords: Information Security Check Service, safety criteria, object enterpriser.

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606 A Paradigm for Characterization and Checking of a Human Noise Behavior

Authors: Himanshu Dehra

Abstract:

This paper presents a paradigm for characterization and checking of human noise behavior. The definitions of ‘Noise’ and ‘Noise Behavior’ are devised. The concept of characterization and examining of Noise Behavior is obtained from the proposed paradigm of Psychoacoustics. The measurement of human noise behavior is discussed through definitions of noise sources and noise measurements. The noise sources, noise measurement equations and noise filters are further illustrated through examples. The theory and significance of solar energy acoustics is presented for life and its activities. Human comfort and health are correlated with human brain through physiological responses and noise protection. Examples of heat stress, intense heat, sweating and evaporation are also enumerated.

Keywords: Human brain, noise behavior, noise characterization, noise filters, physiological responses, psychoacoustics.

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605 Analysis of Behaviour of Real Estate Rates in India- A Case Study of Pune City

Authors: Sayali Sandbhor, Ravindra Bapat, N. B. Chaphalkar

Abstract:

Decisions for investment, buying and selling of properties depend upon the market value of that property. Issues arise in arriving at the actual value of the property as well as computing the rate of returns from the estate. Addressing valuation related issues through an understanding of behavior of real property rates provide the means to explore the quality of past decisions and to make valid future decisions. Pune, an important city in India, has witnessed a high rate of growth in past few years. Increased demand for housing and investment in properties has led to increase in the rates of real estate. An attempt has been made to study the change and behavior of rates of real estate and factors influencing the same in Pune city.

Keywords: Real estate, valuation, property rates, trend analysis

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604 Article 5 (3) of the Brussels I Regulation and Its Applicability in the Case of Intellectual Property Rights Infringement on the Internet

Authors: Nataliya Hitsevich

Abstract:

Article 5(3) of the Brussels I Regulation provides that a person domiciled in a Member State may be sued in another Member State in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful events occurred or may occur. For a number of years Article 5 (3) of the Brussels I Regulation has been at the centre of the debate regarding the intellectual property rights infringement over the Internet. Nothing has been done to adapt the provisions relating to non-internet cases of infringement of intellectual property rights to the context of the Internet. The author’s findings indicate that in the case of intellectual property rights infringement on the Internet, the plaintiff has the option to sue either: the court of the Member State of the event giving rise to the damage: where the publisher of the newspaper is established; the court of the Member State where the damage occurred: where defamatory article is distributed. However, it must be admitted that whilst infringement over the Internet has some similarity to multi-State defamation by means of newspapers, the position is not entirely analogous due to the cross-border nature of the Internet. A simple example which may appropriately illustrate its contentious nature is a defamatory statement published on a website accessible in different Member States, and available in different languages. Therefore, we need to answer the question: how these traditional jurisdictional rules apply in the case of intellectual property rights infringement over the Internet? Should these traditional jurisdictional rules be modified?

Keywords: Intellectual property rights, infringement, Internet, jurisdiction.

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