scholarly journals Compulsory licensing in favor of patentholders of dependent pharmaceutical inventions

2021 ◽  
Vol 12 (1) ◽  
pp. 73-98
Author(s):  
Arina S. Vorozhevich ◽  
Keyword(s):  
Compulsory License ◽  
Pharmaceutical Market ◽  
New Drugs ◽  
Clear Understanding ◽  
Negative Consequences ◽  
Compulsory Licensing ◽  
Essential Patent ◽  
The Right ◽  
Standard Essential Patent ◽  
Improved Characteristics

The article analyzes the conditions for issuing a compulsory license in favor of the patent holders of dependent pharmaceutical inventions on the basis of Paragraph 2, Article 1362 of the Russian Civil Code. The criteria for the relevance of a dependent invention to important technical advancements with significant economic advantages are disclosed. An analysis of the emerging Russian court practice on the issuance of compulsory licenses in the pharmaceutical market, meanwhile, showed that Russian courts lack a clear understanding of when a patent holder can and cannot apply for a compulsory license. The author proves that compulsory licensing is an effective mechanism to prevent abuse of the right (first of all, to standard-essential patent) in the markets of complex innovations (IT, electronics and telecommunications). At the same time, its implementation on the pharmaceutical market can lead to negative consequences: discourage pharmaceutical companies to invest in the development of new drugs, register breakthrough drugs in Russia; reduce foreign investment in the pharmaceutical sector. In this case, the provision of compulsory licenses should be interpreted as an exceptional tool. The issuance of a compulsory license in favor of the owner of the dependent invention can be justified only if such an invention represents a genuine innovation, an important step in the development of pharmaceuticals. The licensee must offer the market a new drug with improved characteristics: increased therapeutic efficacy and (or) safety, which has no available alternatives.

scholarly journals LOSSES AS THE RESULT OF RESTRICTIONS ON USE OF LAND. TRANSFORMATION IN THE MONEY

2019 ◽  
pp. 656-670
Author(s):  
V. Savchak
Keyword(s):  
Land Use ◽  
National Standard ◽  
Clear Understanding ◽  
Negative Consequences ◽  
Real Property ◽  
Land Plot ◽  
Land Owners ◽  
Contractual Obligations ◽  
Actual Damage ◽  
The Right

Due to the lack of a proper conceptual and categorical apparatus, it is rather difficult to determine under what circumstances the owner / user of the land plot has the right to reparation and what is the actual damage. That is why, for a clear understanding of the tasks of land management expertise and the feasibility of a full, substantiated and objective study to calculate the amount of damage caused to land owners and land users, we consider it necessary to go further into the aspect of losses, for example, of damages caused by the restrictions on land use , and the order of their calculation. Using the example of restrictions on the use of land, the author came to the conclusion that grounds for imposing restrictions on the use of land, according to article 111 of the Land Code of Ukraine, do not cause a loss to the land owner/user in each case. We believe that the loss caused by restrictions on the use of land, are the lost, additionally spent or under-received property benefits (monetary assets), caused by the violation of the rights of the owner / user of a land plot after establishing the restrictions of a land use on a land plot. In itself, the restriction in the use of land does not give rise to the right to compensation for damages, however, it can adversely affect the property of the owner (worsen it, destroy it), and therefore occurs a damage. It was also determined that the fact of causing harm to the owner or user of the land plot, that is, the onset of negative consequences for him, is not always associated with unlawful behavior. And the right to compensation for damages the owner / user of the land will have, regardless of the fault of the subject who caused him damage. Legal relations arising in the land sphere allow special conditions for the compensation of losses to land owners / land users that arise: – under the circumstances of the occurrence of harm through the perfect wrongful act; – under the circumstances of the occurrence of harm through the perfect lawful act; – under the circumstances of the occurrence of damage caused by the violation of contractual obligations. Referring to the procedure for calculating the amount of damage, the author concludes that this is carried out in a general manner, in accordance with special regulations – National Standard №. 1 «General Basis for Assessing Property and Property Rights», approved by Resolution of the Cabinet of Ministers of Ukraine No. 1440 of 10.06.2003 and National Standard № 2 «Real Property Valuation», approved by the Resolution of the Cabinet of Ministers of Ukraine of 28.10.2004 №. 1442. Key words: forensic examination on questions of the use of land; land plot; losses inflicted to the land owners and land users; the restriction in the use of land; calculation of losses.

scholarly journals Compulsory license to utilize the patent in accordance with UAE law and in light of the TRIPS Agreement

2020 ◽  
Vol 10 ◽  
pp. 621-636
Author(s):  
Abdallah Hameed Al Ghuwairi
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Compulsory License ◽  
Trips Agreement ◽  
Compulsory Licensing ◽  
Legal Texts ◽  
The Right

The study deals with legal texts dealing with compulsory licensing to exploit an invention, covered by legal protection in accordance with UAE law and TRIPS, the researcher follows the curriculum. Descriptive analysis and comparison of texts dealing with compulsory licensing in UAE Law. In the light of the TRIPS Agreement, the study focused on determining what is meant by compulsory licensing The right to grant a compulsory license in the event that they are available to the judiciary or cases where the UAE law permits the Minister to grant the license Compulsory with the conditions to be granted for the granting of compulsory license in each case of Cases in which UAE law and the TRIPS Agreement permit the compulsory licensing of third parties.The study examines the conditions for granting a license Compulsory and its legal effects, the study was divided into two subjects, and the section of each topic to two requirements, in addition to a conclusion containing the most important findings and recommendations.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

scholarly journals Clinical Phenotype of PDE6B-Associated Retinitis Pigmentosa

2021 ◽  
Vol 22 (5) ◽  
pp. 2374
Author(s):  
Laura Kuehlewein ◽  
Ditta Zobor ◽  
Katarina Stingl ◽  
Melanie Kempf ◽  
Fadi Nasser ◽  
...  
Keyword(s):  
Visual Acuity ◽  
Genetic Testing ◽  
Retinitis Pigmentosa ◽  
Fundus Autofluorescence ◽  
Retinal Disease ◽  
New Drugs ◽  
Autofluorescence Imaging ◽  
Full Field ◽  
Tertiary Referral Center ◽  
The Right

In this retrospective, longitudinal, observational cohort study, we investigated the phenotypic and genotypic features of retinitis pigmentosa associated with variants in the PDE6B gene. Patients underwent clinical examination and genetic testing at a single tertiary referral center, including best-corrected visual acuity (BCVA), kinetic visual field (VF), full-field electroretinography, full-field stimulus threshold, spectral domain optical coherence tomography, and fundus autofluorescence imaging. The genetic testing comprised candidate gene sequencing, inherited retinal disease gene panel sequencing, whole-genome sequencing, and testing for familial variants by Sanger sequencing. Twenty-four patients with mutations in PDE6B from 21 families were included in the study (mean age at the first visit: 32.1 ± 13.5 years). The majority of variants were putative splicing defects (8/23) and missense (7/23) mutations. Seventy-nine percent (38/48) of eyes had no visual acuity impairment at the first visit. Visual acuity impairment was mild in 4% (2/48), moderate in 13% (6/48), and severe in 4% (2/48). BCVA was symmetrical in the right and left eyes. The kinetic VF measurements were highly symmetrical in the right and left eyes, as was the horizontal ellipsoid zone (EZ) width. Regarding the genetic findings, 43% of the PDE6B variants found in our patients were novel. Thus, this study contributed substantially to the PDE6B mutation spectrum. The visual acuity impairment was mild in 83% of eyes, providing a window of opportunity for investigational new drugs. The EZ width was reduced in all patients and was highly symmetric between the eyes, making it a promising outcome measure. We expect these findings to have implications on the design of future PDE6B-related retinitis pigmentosa (RP) clinical trials.

scholarly journals The Pornography “Rebooting” Experience: A Qualitative Analysis of Abstinence Journals on an Online Pornography Abstinence Forum

2021 ◽  
Author(s):  
David P. Fernandez ◽  
Daria J. Kuss ◽  
Mark D. Griffiths
Keyword(s):  
Behavioral Strategies ◽  
Negative Consequences ◽  
Online Forums ◽  
Online Pornography ◽  
Support Resources ◽  
Pornography Use ◽  
Perceived Effects ◽  
The Right ◽  
Number Of Individuals ◽  
Rule Out

AbstractA growing number of individuals using online forums are attempting to abstain from pornography (colloquially termed “rebooting”) due to self-perceived pornography-related problems. The present qualitative study explored phenomenological experiences of abstinence among members of an online “rebooting” forum. A total of 104 abstinence journals by male forum members were systematically analyzed using thematic analysis. A total of four themes (with a total of nine subthemes) emerged from the data: (1) abstinence is the solution to pornography-related problems, (2) sometimes abstinence seems impossible, (3) abstinence is achievable with the right resources, and (4) abstinence is rewarding if persisted with. Members’ primary reasons for initiating “rebooting” involved desiring to overcome a perceived addiction to pornography and/or alleviate perceived negative consequences attributed to pornography use, especially sexual difficulties. Successfully achieving and maintaining abstinence was typically experienced to be very challenging due to habitual behavior patterns and/or cravings triggered by a multiplicity of cues for pornography use, but a combination of internal (e.g., cognitive-behavioral strategies) and external (e.g., social support) resources made abstinence attainable for many members. A range of benefits attributed to abstinence by members suggest that abstaining from pornography could potentially be a beneficial intervention for problematic pornography use, although future prospective studies are needed to rule out possible third variable explanations for these perceived effects and to rigorously evaluate abstinence as an intervention. The present findings shed light on what the “rebooting” experience is like from members’ own perspectives and provide insights into abstinence as an approach for addressing problematic pornography use.

scholarly journals Cure of Chronic Viral Infection and Virus-Induced Type 1 Diabetes by Neutralizing Antibodies

2006 ◽  
Vol 13 (1) ◽  
pp. 67-77 ◽  
Author(s):  
Mette Ejrnaes ◽  
Matthias G. von Herrath ◽  
Urs Christen
Keyword(s):  
Type 1 Diabetes ◽  
Viral Infection ◽  
Inflammatory Mediators ◽  
Neutralizing Antibodies ◽  
Chronic Viral Infection ◽  
Negative Consequences ◽  
Ligand Interactions ◽  
The Right

The use of neutralizing antibodies is one of the most successful methods to interfere with receptor–ligand interactions in vivo. In particular blockade of soluble inflammatory mediators or their corresponding cellular receptors was proven an effective way to regulate inflammation and/or prevent its negative consequences. However, one problem that comes along with an effective neutralization of inflammatory mediators is the general systemic immunomodulatory effect. It is, therefore, important to design a treatment regimen in a way to strike at the right place and at the right time in order to achieve maximal effects with minimal duration of immunosuppression or hyperactivation. In this review, we reflect on two examples of how short time administration of such neutralizing antibodies can block two distinct inflammatory consequences of viral infection. First, we review recent findings that blockade of IL-10/IL-10R interaction can resolve chronic viral infection and second, we reflect on how neutralization of the chemokine CXCL10 can abrogate virus-induced type 1 diabetes.

scholarly journals Infographics and visual aspects in the training processes of PetrSU students

2021 ◽  
Vol 9 (4) ◽  
Author(s):  
V. D. Lobashev
Keyword(s):  
Creative Thinking ◽  
Radical Change ◽  
Educational Process ◽  
Educational Institutions ◽  
Visual Images ◽  
Clear Understanding ◽  
Negative Consequences ◽  
Teachers And Students ◽  
Level Of Training ◽  
Educational Information

Introduction. The amount of information offered for study in modern educational institutions is rapidly increasing. Overcoming the inconsistency of the obligation to master the increasing flow of educational information and achieving the necessary "level" of training in fulfilling the traditional requirement of pedagogy – withstanding an acceptable amount of visibility leads to the mass introduction of multimedia tools. The folding so-called clip thinking shades the problems of filling thesaurus learning information virtually uncontrollable content and quality.Materials and Methods. Theoretical and empirical methods of research were used in the course of the work: analysis, synthesis, generalization, comparison, comparison, scientific theorization.Results. Clip-thinking interferes with a clear understanding of the context, and therefore the clip leaves no trace in semantically related phenomena. The trend of radical change in the roles of teachers and students reveals the main reasons and conditions for the transition to visualized presentation of educational information. In addition to the apparent negative consequences of the current pedagogical situation, some advantages of the protective reactions developed by modern learners to the most powerful stream of educational information are revealed. Studies have confirmed the risks of over-visibility in the learning process. Objective differences in the purpose and effectiveness of the types of visibility considered are highlighted. The main points of the formation of visual images are reflected, the obligatory maintenance of the conditions of problems in the educational process is emphasized.Discussion and Conclusions. The studies that have been carried out present an argument for the recommendations for the proposed frame-graphic approach in the organization of the educational process. The orientation of the educational process for each allocated group is justified, which requires a rather different nature of the script. One solution is to use educational information visualization tools to ensure the sustainability of the creative thinking vector.

Product Patent in Pharmaceuticals and Compulsory Licensing

2017 ◽  
pp. 108-123
Author(s):  
Jatinder Maan ◽  
Dinesh Kumar
Keyword(s):  
Intellectual Property ◽  
Compulsory License ◽  
Developed Countries ◽  
Developing Nations ◽  
Trips Agreement ◽  
Intellectual Property Protection ◽  
Political Pressure ◽  
Compulsory Licensing ◽  
Contentious Issue ◽  
History Of

The issue of patenting is a contentious issue. Different stakeholders hold opposite views. The pharmaceutical giants demand for stricter and longer Intellectual Property Protection for the promotion of research and development. They contend IP protection to be the “bedrock of their business”. While the health activists and governments of developing nations want greater flexibility in intellectual property protection and shorter patent period protection. Article 31 of the TRIPs agreement provides certain flexibilities to cater to certain situations. The countries are free to determine the grounds to issue provisions like compulsory licensing. But despite the provisions very few countries have used them. Pharmaceuticals giants with the backing of developed countries always try to denounce the practice of compulsory licensing with economic and political pressure. This chapter explains the concept and significance of Intellectual Property with reference to Pharmaceuticals. It also traces the little history of TRIPs agreement and explains the concept of Compulsory Licensing with trends in its use. It also discusses the few instances where compulsory License has been issued in different countries and tries to find the reasons of non issuance of Compulsory License.

Crisis Communication in the Age of Social Media and the Case of Dairy Khoury

2021 ◽  
pp. 2181-2196
Author(s):  
Nisrine Zammar
Keyword(s):  
Social Media ◽  
Crisis Communication ◽  
Communication Strategy ◽  
Clear Understanding ◽  
Organizational Reputation ◽  
Interactive Nature ◽  
Social Media Platforms ◽  
Use Of Social Media ◽  
The Right

The use of social media platforms has become an essential part of today's protocol of reacting to any sudden crisis, due to their interactive nature which allows them to reach vast and heterogeneous audiences. This makes them the right tool that enables the organizations to spread their messages efficiently. Any failure in responding adequately on social media level, would allow rumors and negative contents to circulate uncontrollably, affecting the organizational reputation and recovery. Therefore, the main purpose of this paper is to provide a clear understanding of the crisis communication strategy adopted by Dairy Khoury, a Lebanese firm, on social media, at a time when the new power of social media had not yet been fully measured and estimated. The author will highlight the necessity of a preset crisis communication strategy and the use of social media platforms while dealing with crisis.

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