Rule 75: Revocation action and subsequent infringement action in a local or regional division (Article 33(5) of the Agreement)

2018 ◽  
Author(s):  
Andreas von Falck ◽  
Stephan Dorn
Keyword(s):  
Sufficient Reason ◽  
Regional Division ◽  
Legal Security

If the intention of the opponent of the patent proprietor is only to defend himself against an infringement action, he will wait until the patent proprietor asserts that patent against him. Even if the patent proprietor asserts the patent, it may not be sufficient reason for him to lodge an isolated revocation action. The costs of an isolated attack on the patent will appear to be too high, compared with the value of the legal security gained by revocation of the patent, if the patent proprietor decides not to lodge an infringement action against him. The alleged patent infringer does not lose any opportunity if he does not lodge a revocation claim at the time the patent proprietor asserts the patent against him. He can raise a Counterclaim for revocation if the patent proprietor decides to lodge an infringement action. Therefore, the alleged patent infringer can stop and wait until the patent proprietor lodges an infringement action.

RESPONSABILIDADE AMBIENTAL DA PESQUISA MINERAL COM FINS ACADÊMICOS E CIENTÍFICOS

2020 ◽  
Vol 7 (2020) (2) ◽  
pp. 1-11
Author(s):  
Milson Xavier ◽  
Keyword(s):  
Extended Period ◽  
Environmental Issue ◽  
Legal Order ◽  
Environmental Legislation ◽  
Mineral Industry ◽  
Mineral Research ◽  
Legal Provisions ◽  
The World ◽  
Legal Security

he Coronavirus pandemic that spread around the world in the first half of 2020 brought impacts to society that will be registered for an extended period. In this paper, the effects showed an impossibility to maintain the progress of mineral research made by professionals in the academic and scientific areas. In an attempt to find justifications in the legal order of the mineral industry, to continue the work, it was faced with imposing environmental legislation that made a claim even more difficult. It was found that the Mining Code in place no longer regulates the activities of extraction of mineral specimens for museums, educational establishments and other scientific purposes. This left the legal security tied only to the interpretation of legal provisions in articles of the code and its regulation, as well as procedure manuals for environmental inspection bodies, and therefore, subject to the consequences of legal disputes with final decisions in higher courts, given the claim of superiority of the environmental issue over mining. Keywords: Coronavirus, pandemic, environmental legislation, mining code

The Necessity of Sufficiency

2018 ◽  
Author(s):  
Bruce L. Gordon
Keyword(s):  
Recent Work ◽  
Quantum Physics ◽  
Structural Realism ◽  
Sufficient Reason ◽  
Divine Action ◽  
Ontic Structural Realism ◽  
Existence Of God ◽  
Principle Of Sufficient Reason ◽  
Adequate Understanding ◽  
Quantum Phenomena

There is an argument for the existence of God from the incompleteness of nature that is vaguely present in Plantinga’s recent work. This argument, which rests on the metaphysical implications of quantum physics and the philosophical deficiency of necessitarian conceptions of physical law, deserves to be given a clear formulation. The goal is to demonstrate, via a suitably articulated principle of sufficient reason, that divine action in an occasionalist mode is needed (and hence God’s existence is required) to bring causal closure to nature and render it ontologically functional. The best explanation for quantum phenomena and the most adequate understanding of general providence turns out to rest on an ontic structural realism in physics that is grounded in the immaterialist metaphysics of theistic idealism.

The Provenance of Consciousness

2018 ◽  
Author(s):  
Gerald Vision
Keyword(s):  
Sufficient Reason ◽  
Material Base ◽  
Distinctive Character ◽  
Intrinsic Nature ◽  
Fundamental Particles ◽  
Principle Of Sufficient Reason

Unlike brute ‘entities’, if conscious states (c-states) are brute, it will be a consequence of their primitive—viz., not admitting further elaboration—connection to their material base, what is commonly known as emergence. One might suppose the chief challenge to emergence comes from various materialist counter-proposals. However, given the distinctive character of c-states, a class of critics describe even materialist reductions as objectionable forms of emergentism. Instead, their fallback position is a reinvigorated panpsychism: consciousness is the intrinsic nature of the most fundamental particles. In this chapter the author examines that form of panpsychism, tracing its roots to a version of the Principle of Sufficient Reason and to suggestions aired in Bertrand Russell’s struggles with the issue. He concludes that this panpsychism fails, leaving the field to materialism and emergentist dualism.

Being and Reason

2019 ◽  
Author(s):  
Martin Lin
Keyword(s):  
Sufficient Reason ◽  
Existence Of God ◽  
Principle Of Sufficient Reason ◽  
Existence And Nonexistence ◽  
New Interpretation ◽  
Necessary Existence

In Being and Reason, Martin Lin offers a new interpretation of Spinoza’s core metaphysical doctrines with attention to how and why, in Spinoza, metaphysical notions are entangled with cognitive, logical, and epistemic ones. For example, according to Spinoza, a substance is that which can be conceived through itself, and a mode is that which is conceived through another. Thus, metaphysical notions, substance and mode, appear to be defined through a notion that is either cognitive or logical, being conceived through. What are we to make of the intimate connections that Spinoza sees between metaphysical, cognitive, logical, and epistemic notions? Or between being and reason? Lin argues against idealist readings according to which the metaphysical is reducible to or grounded in something epistemic, logical, or psychological. He maintains that Spinoza sees the order of being and the order of reason as two independent structures that mirror one another. In the course of making this argument, he develops new interpretations of Spinoza’s notions of attribute and mode, and of Spinoza’s claim that all things strive for self-preservation. Lin also argues against prominent idealist readings of Spinoza according to which the Principle of Sufficient Reason is absolutely unrestricted for Spinoza and is the key to his system. He contends, rather, that Spinoza’s metaphysical rationalism is a diverse phenomenon and that the Principle of Sufficient Reason is limited to claims about existence and nonexistence which are applied only once by Spinoza to the case of the necessary existence of God.

The question-view of logos

2017 ◽  
Author(s):  
Michel Meyer
Keyword(s):  
Sufficient Reason ◽  
Basic Principles ◽  
Integrative View ◽  
Basic Concepts ◽  
Points Of View ◽  
New View

Chapter 2 redefines the three basic concepts of any rhetoric: ethos, logos, and pathos. It relates these elements to the questioning process by which they are rhetorically linked. Special attention is given to logos as a way of answering and expressing questions. This leads to the development of a radically new view of language and the principles of thought. The passage of a propositionalist view of language and reason, indifferent to questioning, to a problematological one, based on questioning is studied through examples of sentences. This leads to an integrative view, in which texts are also seen as answers to questions taken up (partially, i.e. as points of view) by the audience or the reader. The chapter ends with a reformulation of the basic principles of thought (identity, sufficient reason, and non-contradiction) as the three principles necessary to deal with questions, answers, and their relationship.

A Matter of Balance: About the Abstract Goals of Imprisonment and Ambiguous Tasks of Dutch Prisons

2017 ◽  
Vol 97 (3) ◽  
pp. 387-407 ◽  
Author(s):  
T. Molleman ◽  
A. A. van den Hurk
Keyword(s):  
International Comparisons ◽  
Prison System ◽  
Regulatory Framework ◽  
Specific Situation ◽  
Legal Security

According to national and international inspectorates, considerable differences are found in the implementation of prison sentences within countries. This is not only problematic for the legal security of society and inmates, prison organizations themselves do not know exactly for what they are deemed responsible. Although key goals of imprisonment may be clear, complex ambiguities seem to be at work. We scrutinize the specific situation of the Dutch prison system to show how implementation differences can arise within a seemingly detailed regulatory framework. Furthermore, some international comparisons are provided as well as some directions to solve the ambiguities.

Parmenides, Cosmology and Sufficient Reason

Apeiron ◽  
2014 ◽  
Vol 47 (1) ◽  
Author(s):  
GregoryGregory Andrew
Keyword(s):  
Sufficient Reason

scholarly journals The psychology of sufficient reason.

1897 ◽  
Vol 4 (4) ◽  
pp. 361-373
Author(s):  
W. M. Urban
Keyword(s):  
Sufficient Reason
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