Rule 68: Contents of the Defence to the Statement for a declaration of non-infringement

2018 ◽  
Author(s):  
Andreas von Falck ◽  
Stephan Dorn
Keyword(s):  
Subject Matter ◽  
Proof Rule ◽  
Rules Of Procedure ◽  
The Subject ◽  
The Cost ◽  
Do So ◽  
Information Rule ◽  
Action Art

Possible orders that can be applied for in the interim procedure are, in principle, all orders of the Court provided for in the UPCA and the Rules of Procedure. For a Statement of non-infringement, however, only a few orders may be relevant. Normally, the defendant in an action for a declaration of non-infringement does not lack any means of proof; therefore, all the rules on proof (Rule 190), on information (Rule 191), on preserving evidence (Rule 192), or on inspection (Rule 199) may be applicable in only a few cases. The reason for this is that the defendant has no direct advantage in the rejection of the claim (except for the cost decision in his favour). The defendant cannot enforce that decision, even if the Court decides positively on the infringement question. Claims arising out of an infringement are not the subject matter of the action. If the defendant wants to bring an infringement claim, he must do so in an infringement action (→ Art 33(6) UPCA).

scholarly journals Terms in Popular Science Communication: The Case of TV Documentaries

2018 ◽  
pp. 257-272
Author(s):  
Sylvia Jaki
Keyword(s):  
Empirical Research ◽  
Subject Matter ◽  
Science Communication ◽  
Popular Science ◽  
Know How ◽  
German Science ◽  
Research Findings ◽  
The Subject ◽  
Do So

Science documentaries on television aim to provide easy and entertaining access to research findings. To do so, producers need to know how to explain complex content for non-expert audiences in a comprehensible way. At the same time, they have to decide what aspects of a subject might be relevant for viewers, or how the subject matter could be rendered more interesting by employing strategies such as personalisation or emotionalisation. One specific decision concerns the use of terms. Both existing research and journalistic handbooks suggest that terms should be or are, in fact, avoided in popular science contexts. However, there is only little empirical research on the topic. This contribution seeks to test several pre-existing hypotheses on terms in documentaries for adults and show how often terms are used and whether/how they are explained when they appear. Examining terms in four English and four German science documentaries, the analysis points out which communicative resources are used to facilitate the comprehension of terms, and where an explanation seems to focus primarily on entertainment rather than ease of comprehension. The results challenge some of the previous views on terms in popular science communication and reveal that documentaries display highly idiosyncratic strategies when it comes to the use of terms.

scholarly journals PARTICULAR FEATURES OF CONTRACTUAL INHERITANCE OF LEGAL CLAIMS AND OTHER LIABILITIES

2016 ◽  
pp. 0-0
Author(s):  
Эдвард Пилипсон ◽  
Edvard Pilipson
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Practical Problem ◽  
Correct Choice ◽  
Private International Law ◽  
Legal Regime ◽  
Applicable Law ◽  
The Subject ◽  
The Right ◽  
The Cost

Contractual succession of legal claims and liabilities in administering rules of private international law is a quite complicated practical problem. The correct choice of the applicable law is the priority in this situation. As of today inheritance of movables, including claims, liabilities takes place according to the connecting factors’ rules “lex patriae” and “lex domicilii” which according to the offered assumption, are not adequate in a situation of the inheritance by contract. It is worth mentioning that in some cases the right to claim, liability acquires legal regime called “res in transitu” which requires special succession regime. Secondly, it is necessary to evaluate the subject matter of the contract. Inheritance by contract is mediated by the tools of the contractual right which is based on the concluded contract with the cross material perquisites evaluated in a certain sum. Due to this circumstance the assessment should be accepted as a basis for the contract price. Since in accordance with the current legislation the assessment can be made solely in relation to a constant liability (for example, in the situation with a contract of purchase), in case of a contractual inheritance of legal claims (cession), it is not clear how provisional assessment can be made, as the cost of liabilities can change drastically depending on circumstances in the course of a certain period of time. This article is devoted to the investigation of these problems.

French Phonology and Morphology revisited

1974 ◽  
Vol 19 (2) ◽  
pp. 107-120
Author(s):  
Jo Ann Creore
Keyword(s):  
Subject Matter ◽  
Theory And Practice ◽  
Theoretical Interest ◽  
The Subject ◽  
Do So

Sanford Schane’s monograph French Phonology and Morphology, published in 1968, was the first extensive treatment of that subject in a generative framework. Although its merits and faults have been discussed at length in reviews, the scarcety of subsequent contrasting analyses within the same framework would seem to imply that Schane’s study is essentially correct within that framework and/or that the subject matter itself holds no further theoretical interest for generative phonologists. The present paper challenges both of these implications. The discussion focuses on Schane’s formulation of the underlying vocalic system of French. Schane’s assumptions about phonological grammars, his analysis, and his methodology are open to question. Section 1 of this study discusses the concept “rule of grammar” as developed by Schane and considers possible alternatives. Inconsistencies of Schane’s analysis are illustrated in Section 2, while Section 3 demonstrates that the data which should offer the strongest support for Schane’s analysis in fact fail to do so. To the extent that Schane represents current phonological theory and practice, the criticisms voiced here have, of course, a wider application.The discussion focuses on Schane’s formulation of the underlying vocalic system of French. Schane's assumptions about phonological grammars, his analysis, and his methodology are open to question. Section 1 of this study discusses the concept “rule of grammar” as developed by Schane and considers possible alternatives. Inconsistencies of Schane’s analysis are illustrated in Section 2, while Section 3 demonstrates that the data which should offer the strongest support for Schane’s analysis in fact fail to do so. To the extent that Schane represents current phonological theory and practice, the criticisms voiced here have, of course, a wider application.

A Viewpoint of Regional Research

1969 ◽  
Vol 1 (1) ◽  
pp. 17-20
Author(s):  
Alvin T. M. Lee
Keyword(s):  
Research Program ◽  
Subject Matter ◽  
Matter Content ◽  
Program Control ◽  
High Status ◽  
Regional Research ◽  
Administrative Procedures ◽  
The Subject ◽  
Subject Matter Content ◽  
Do So

The Regional Research Program has potential for being the elite among research programs and to be a high status symbol for those associated with it. That it is not so means that it is not achieving its potential and that it is falling short of the original objectives. Since its inception, the regional research program has been praised and condemned. There appears to be more dissatisfaction than satisfaction with both the administrative procedures and the subject matter content of the program. Control of the program, the administrative structure and its effectiveness have been the subject of much discussion and debate. Some say the program has yielded little, and some of those who defend it do so on the basis that it has enabled researchers to meet and discuss their work, which in itself is worthwhile.

PRESIDENT'S MESSAGE

PEDIATRICS ◽  
1961 ◽  
Vol 28 (6) ◽  
pp. 1019-1019
Author(s):  
Carl C. Fischer
Keyword(s):  
American Academy ◽  
Subject Matter ◽  
Growth And Development ◽  
The Other ◽  
American Academy Of Pediatrics ◽  
Mutual Interest ◽  
History Of ◽  
The Subject ◽  
The One ◽  
Do So

FROM TIME to time Presidents of the American Academy of Pediatrics have used this means of sharing with the fellowship, thoughts which seem to them to be of mutual interest. Last year, President George Wheatley had such a message in every issue, covering a wide variety of interesting and stimulating topics. I will not plan to necessarily continue this policy of having a message for each issue, but will do so whenever the subject matter seems to warrant one. At this, the beginning of a new year for the Academy, it seems appropriate to present to the membership at large a few of the thoughts which I presented in Chicago upon my inauguration as your President. It has recently been my pleasure to reread the two little volumes sent to all Academy Fellows a few years ago, the one containing the Presidential addresses of the first 20 presidents, and the other, Dr. Marshall Pease's stimulating "History of the Academy." I heartily recommend these to any of you who might be interested in the conception, delivery and growth and development of our organization. Of first importance at this time, it seems to me, is the review of the primary objectives of our Academy as originally drawn up by Dr. Grulee and his associates more than 30 years ago. These are: "The object of the Academy shall be to foster and stimulate interest in Pediatrics and correlate all aspects of the word for the welfare of children which properly come within the scope of pediatrics."

Rules of Procedure

2018 ◽  
Author(s):  
Winfried Tilmann
Keyword(s):  
Subject Matter ◽  
Rules Of Procedure ◽  
The Subject

The first clause of para 1 confines itself simply to defining the subject matter of the Rules of Procedure as laying down the details of the proceedings before the Court. This description is accurate since the Agreement itself (Arts 42–82) already contains procedural rules, as does the Statute (Arts 35–38). As a result, it really is the case that only the ‘details’ are left for the Rules of Procedure, albeit numerous details as shown by the large number of Rules.

Investigations on “Sickness” in Soil: II. “Sickness” in Glasshouse Soils

1912 ◽  
Vol 5 (1) ◽  
pp. 86-111 ◽  
Author(s):  
E. J. Russell ◽  
F. R. Petherbridge
Keyword(s):  
Large Scale ◽  
Field Trials ◽  
Present Communication ◽  
Alternative Plan ◽  
The Subject ◽  
The One ◽  
The Cost ◽  
Do So

Previous investigations in this laboratory have shown that partial sterilisation of soil leads to increased productiveness. In attempting to apply this method on the large scale two courses were open. The more obvious was to seek for methods cheap enough for use in the field, and then to conduct a number of field trials to determine which was the best; this was almost certain to prove a tedious and expensive business and would not necessarily lead to a successful issue. The alternative plan, and the one we adopted, was to find classes of growers who could afford to use our present methods of partial sterilisation and who would be willing to do so. However restricted their number of crops might be we knew that the cost of the process must fall once it was applied in commercial growing, so that the range over which it was applicable would soon begin to widen; a further advantage was that from the outset we should be gaining experience of the working of partial sterilisation in practice. Fortunately we met with a large tomato and cucumber grower in the Waltham Cross district who put us in touch with the class of growers we wanted: in this way we came across the problem of sickness in glasshouse soils which forms the subject of the present communication.

Introduction. An Introduction to Research Methods in the Social Sciences

2021 ◽  
pp. 1-8
Author(s):  
Ece Özlem Atikcan ◽  
Jean-Frédéric Morin ◽  
Christian Olsson
Keyword(s):  
Social Sciences ◽  
Research Methods ◽  
Research Design ◽  
Subject Matter ◽  
Easy Task ◽  
The Social ◽  
The World ◽  
The Subject ◽  
Scientific Truth ◽  
Do So

Introducing research methods in the social sciences is not an easy task given how complex the subject matter is. Social sciences, like all sciences, can be divided into categories (disciplines). Disciplines are frequently defined according to what they study (their empirical object) and how they study it (their particular problematization of the object). They are, however, by no means unitary entities. Within each discipline, multiple theories typically contend over the ability to tell provisional truths about the world. They do so by building on specific visions of the nature of the world, reflections on how to generate scientific truth, systematic ways of collecting and analyzing data (methods) and of justifying these methods as part of a coherent research design (methodologies).

Intrinsic versus extrinsic motivation: A study of undergraduate student motivation in science

2011 ◽  
Vol 6 (1) ◽  
Author(s):  
Mark Gallo ◽  
Vince Rinaldo
Keyword(s):  
Quantitative Analysis ◽  
Subject Matter ◽  
Student Motivation ◽  
Undergraduate Student ◽  
Extrinsic Motivation ◽  
Educational Process ◽  
Percent Increase ◽  
The Subject ◽  
Science Educators ◽  
Do So

Many individuals who enter into science programs do so because study in this area is a requirement rather than because of a genuine interest in the subject matter. As a result, science educators need to find new ways of motivating today’s learners. One approach is to modify the educational process so that students no longer find themselves in the roles of traditional learners, where the instructor directs them to the information. Instead, they need to become active learners, who take responsibility for their own learning both in and out of the classroom. This study examined the effects of an external motivation approach that utilized a token system known as Microbucks. Qualitative examination of the data showed that students responded favourably and quantitative analysis showed up to a 9.39 percent increase in final grades.

scholarly journals 楊德昌的殉道英雄與歷史反思：重看《牯嶺街少年殺人事件》

2020 ◽  
Vol 36 (36) ◽  
pp. 197-222
Author(s):  
謝世宗 謝世宗
Keyword(s):  
Subject Matter ◽  
The State ◽  
Research Articles ◽  
The Past ◽  
Moral Ideals ◽  
The Subject ◽  
The 1960S ◽  
Historical Reflection ◽  
The Cost

<p>楊德昌的《牯嶺街少年殺人事件》（1991）由於研究材料取得上的困難，二十五年來的研究論文仍然相當有限。不同於形式分析、女性主義、後殖民理論與心理分析的角度，本文以新批評的細讀與敘事學的方法，釐清電影如何透過角色的類比與對比，包含政治的現實主義者、道德的理想主義者與勢利的弄權者之間的妥協與衝突，在舞臺上架構出一齣殉道者的道德悲劇。其次，透過《牯嶺街》作為一部歷史電影，脈絡化上述的人物角色與道德衝突，探討1960年代的國家機器如何形塑了一群道德的理想主義者，而他們理想主義又為何必然與整個時代產生矛盾與衝突。</p> <p>&nbsp;</p><p>Due to its inconvenient access, Edward Yang’s masterpiece A Brighter Summer Day, for the past twenty five years, has ellicited very few research articles. To make a contribution to this premature scholarship, this article focuses on the subject matter of the film and employes the method of narratology to argue that through the devices of similarity and contrast, Yang presents an ambitious moral tragedy on the cinematic stage where the heros attempt to realize their moral ideals even at the cost of their inclinations, self-interests and lives. Viewing the film as Yang’s historical reflection on the 1960s, the article then unravel the ways by which the state apparatuse interpellates some individuals into moral subjects and explicate why these moral idealists are doomed to confront and conflict with the millieu. </p> <p>&nbsp;</p>

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