Are national courts the addressees of the InfoSoc three-step test?

2015 ◽  
Vol 10 (10) ◽  
pp. 741-749 ◽  
Author(s):  
Richard Arnold ◽  
Eleonora Rosati
Keyword(s):  
Step Test ◽  
National Courts

Factors to Consider for the Application of the Parody Exception

2019 ◽  
pp. 91-133
Author(s):  
Sabine Jacques
Keyword(s):  
Step Test ◽  
Economic Rights ◽  
Fair Dealing ◽  
National Courts ◽  
The Right

This chapter focuses on various factors which are potentially relevant to the application of the parody exception. It begins with a discussion of the problematic nature of defining the contours of the parody exception, placing emphasis on fair dealing and rules of the genre that traditionally constitute a two-step assessment used by the courts to determine whether the use of the work is ‘for the purpose of parody’. It then considers a number of landmark decisions that illustrate the relevance of the ‘traditional’ fairness factors adopted in the judicial consideration of the parody exception. These factors include the intent of the parodist, encroachment upon the right-holder’s economic rights, absence of confusion, the quantity reproduced, motives of the parodist, and the three-step test. The chapter concludes by asking whether national courts might introduce new factors and seek to adapt the parody exception to new kinds of uses.

The Puzzling Paradox Presented within the African Supranational Judicial Institutions: The ECOWAS Court of Justice

2020 ◽  
Vol 28 (Supplement) ◽  
pp. 86-109
Author(s):  
Kehinde Ibrahim
Keyword(s):  
Human Rights ◽  
West African ◽  
African Region ◽  
The West ◽  
Political Will ◽  
National Courts ◽  
Court Of Justice ◽  
West African Region

The judgments of the ECOWAS Court, which are final and immediately binding, are vital for the realisation of ECOWAS aims and objectives. The enforcement of its judgments is particularly important in the case of individuals whose enjoyment of fundamental human rights, as guaranteed under the ECOWAS Community laws, is dependent on effective enforcement. Yet, an existential puzzling paradox emanates through a poor record in the implementation of the ECOWAS Court's judgments. This problem, which is not limited to the West African region deserves scrutiny and concrete proposals. Legal and political considerations surface in assessing the existence of this paradox, and despite the lack of a consistent political will, to implement the decisions of ECOWAS Court relevant judicial actors have roles to play. National courts could take a bolder approach in complementing the work of the ECOWAS Court. The ECOWAS Court itself could put in place concrete mechanisms and adopt certain practices to address this poor record of non-implementation. It is yet to be seen how substantive mechanisms would work in practice.

Verification of the Relationship between Stepping Ability for Avoiding Falls and the Ten-Step Test in the Elderly

2020 ◽  
Vol 35 (4) ◽  
pp. 545-549
Author(s):  
Kengo OKAWARA ◽  
Yoshinobu YOSHIMOTO ◽  
Ryota ASHIZAWA ◽  
Kazuma YAMASHITA ◽  
Koki TAKE ◽  
...  
Keyword(s):  
The Elderly ◽  
Step Test ◽  
The Relationship

The Internationalization Of Human Rights And The Importance Of Normative Dialogues Between International And National Courts

2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa
Keyword(s):  
Human Rights ◽  
The Other ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
European Court ◽  
Differences Of Opinion ◽  
Rights Discourse ◽  
Different Characteristics ◽  
Human Rights Discourse

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.

Experience in the use of double broncholytic therapy in occupational practice

2019 ◽  
pp. 303-307
Author(s):  
Elena A. Beigel ◽  
Natalya G. Kuptsova ◽  
Elena V. Katamanova ◽  
Oksana V. Ushakova ◽  
Oleg L. Lakhman
Keyword(s):  
Quality Of Life ◽  
Personal Data ◽  
The Body ◽  
Step Test ◽  
Aluminum Production ◽  
Chronic Obstructive ◽  
Body Plethysmography ◽  
Occupational Copd ◽  
The Impact

Introduction. Occupational chronic obstructive pulmonary disease (COPD) is one of the leading nosological forms of occupational respiratory disease. Numerous studies have shown high effectiveness of the combination of indacaterol/glycopyrronium (Ultibro®breezhaler®) on the impact on clinical and functional indicators in the treatment of COPD in General practice.The aim of the investigation the case of occupational COPD with the analysis of the dynamics of functional indicators, tolerance to physical load and evaluation of the quality of life of workers engaged in aluminum production by using combination of indacaterol/glycopyrronium.Materials and methods. The random sampling method included 20 men, workers of aluminum production, with the established diagnosis of professional COPD at the age of 40 to 60 years. The survey was conducted (Borg scale, medical Research Council scale (mMRC) and COPD Assessment Test (CAT). Functional methods of studies were conducted: spirometry, body plethysmography, electrocardiography (ECG) and the six-minute stepper test (6-MST).Results. Against the background of 8 weeks of therapy, the volume of forced exhalation for 1 minute (FEV1) increased by 14.7% and amounted to 67.90% of the due values, the forced vital capacity of the lungs (FVC) increased by 11.3% and amounted to 76.95% of the due. According to the body plethysmography (BPG) is set to decrease in residual lung volume on average by 13.4% and static hyperinflation, confirmed by the decrease in functional residual volume (FRV) of 18.8%. During the study period increased physical activity of patients. The average difference between the distance traveled in the six-minute step test before and after treatment was 58.8 m. The analysis of personal data showed that the quality of life of patients improved, the total score in the questionnaire CAT at the beginning of the study was 16.9 points, and after 8 weeks decreased by 63% and amounted to 10.7 points.Conclusions: The Results indicate a positive effect of combination therapy with indacaterol/glycopyrronium on the course and progression of occupational COPD.

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