scholarly journals Mejoramiento vegetal moderno, inteligencia artificial y derechos de propiedad intelectual

2020 ◽  
Vol 1 (2) ◽  
pp. 839-866
Author(s):  
Miguel A. Rapela
Keyword(s):  
Artificial Intelligence ◽  
Plant Breeding ◽  
Intellectual Property Rights ◽  
Human Person ◽  
Living Matter ◽  
Plant Variety ◽  
The Face ◽  
The One ◽  
The Right ◽  
Biotechnological Inventions

The modern plant breeding to obtain new plant varieties is based on genomic and phenomic selection generated through big data with millions of information points. In the face of such a quantity of data, it is necessary to use artificial intelligence to combine a complete vision and analysis of the problem through a human-computer interaction never addressed.The use of artificial intelligence has already created interpretive challenges in patents and copyrights. To a greater extent, modern plant breeding with the assistance of artificial inte-lligence is exposing major disarticulations and anachronisms in the Plant Breeder’s Rights and patent systems for biotechnological inventions. The challenges may even extend to the question of who would be entitled to the right in the case of products obtained without human intervention.The analysis of the situation indicates, on the one hand, that it would be necessary a review of the international framework of intellectual property rights in plant living matter which is based on independent treaties and conventions that apply to an indivisible organism as is a new plant variety. A more logical proposal would be to have a single, modern, and up-to-date compre-hensive sui generis protection system for all types of plant germplasm. On the other hand, it is proposed that, even in the case of products obtained through complete artificial intelligence processes, there must always be a human person legally responsible of the consequences of their actions, whether positive or negative

scholarly journals Are Artificial Intelligence (AI) And Machine Learning (ML) Having An Effective Role In Helping Humanity Address The New Coronavirus Pandemic?

2020 ◽  
Vol 17 ◽  
Keyword(s):  
Artificial Intelligence ◽  
Machine Learning ◽  
Disease Outbreaks ◽  
Hospital Capacity ◽  
Data Engineering ◽  
Clinical Presentations ◽  
The Face ◽  
Effective Role ◽  
Using Data ◽  
The Right

COVID-19 has become a pandemic affecting the most of countries in the world. One of the most difficult decisions doctors face during the Covid-19 epidemic is determining which patients will stay in hospital, and which are safe to recover at home. In the face of overcrowded hospital capacity and an entirely new disease with little data-based evidence for diagnosis and treatment, the old rules for determining which patients should be admitted have proven ineffective. But machine learning can help make the right decision early, save lives and lower healthcare costs. So, there is therefore an urgent and imperative need to collect data describing clinical presentations, risks, epidemiology and outcomes. On the other side, artificial intelligence(AI) and machine learning(ML) are considered a strong firewall against outbreaks of diseases and epidemics due to its ability to quickly detect, examine and diagnose these diseases and epidemics.AI is being used as a tool to support the fight against the epidemic that swept the entire world since the beginning of 2020.. This paper presents the potential for using data engineering, ML and AI to confront the Coronavirus, predict the evolution of disease outbreaks, and conduct research in order to develop a vaccine or effective treatment that protects humanity from these deadly diseases.

scholarly journals Atypical case of mucous membrane pemphigoid in a 26-year-old man

2018 ◽  
pp. bcr-2018-225872
Author(s):  
Deepak Sambhara ◽  
Ji Hyae Lee ◽  
Seth M Pantanelli
Keyword(s):  
Mucous Membrane ◽  
Previous History ◽  
Immunohistochemical Analysis ◽  
Mucous Membrane Pemphigoid ◽  
Epithelial Basement Membrane ◽  
The Face ◽  
History Of ◽  
The One ◽  
The Right ◽  
High Index Of Suspicion

A 26-year-old Caucasian man with no previous history of chemical injury presenting with an inability to open his right eye was investigated for mucous membrane pemphigoid and treated. Examination was notable for symblepharon of the right eye and impetigo-like lesions on the face and neck. A biopsy with immunohistochemical analysis was significant for linear deposits of C3 and immunoglobulin G at the level of the epithelial basement membrane, confirming the diagnosis of mucous membrane pemphigoid. Although mucous membrane pemphigoid classically presents bilaterally in women in the sixth and seventh decades of life, our patient was a young man with unilateral cicatrising conjunctivitis who may have been easily misdiagnosed without a high index of suspicion. A biopsy is required in cases of cicatrising conjunctivitis so that even atypical cases such as the one presented herein can be appropriately managed.

scholarly journals Euthanasia under French law

2021 ◽  
pp. 145-152
Author(s):  
A. Haddadi ◽  
F. Ravaz
Keyword(s):  
Criminal Law ◽  
Question Answering ◽  
Common Law ◽  
The Other ◽  
Third Party ◽  
Right To Die ◽  
French Law ◽  
The Face ◽  
The One ◽  
The Right

Under criminal law, euthanasia can have two distinct qualifications: that of homicide in the event that the act of directly killing another person is characterized, or that of assisting a third party in the suicide. These two qualifications are applicable on the condition that the agent — the author of the act of causing death — is not the one who went through it. In fact, selfeuthanasia is nothing more than suicide.In addition to euthanasia imposed to a third party (such as in the case of Malevre, nurse from Mantes-la-Jolie, tried in 2003), the euthanasia requested and subscribed constitutes a complex legal question. Answering this question first involves specifying the position of contemporary criminal law in the face of suicide.In the event that suicide is only decriminalized, in fact, the author of the act — regardless of the outcome of his actions, who is himself the victim, cannot be prosecuted. Nor ultimately receive any condemnation.However, this lack of prosecution and conviction is by no means an endorsement of the act — suicide — by the law.Moreover, in the event that suicide is a right, it would then be necessary to agree that any candidate for this act can request assistance in the accomplishment of his death. Given these two opposing approaches, imposed on us the question of whether there is a right to die.Although the euthanasia imposed is unequivocally under ordinary criminal law, the euthanasia requested and granted is not based on any rights. To date, there is no right to approve a death request, but on the other hand, it does allow it to be respected and to some extent promotes its approach with dignity. This work will focus on two central points which are the possibility that euthanasia is a homicide under common law (I) and the attitude of French law concerning the right to death (II).

scholarly journals Perlindungan Hukum Bagi Pemulia Varietas Tanaman (Petani) Pasca lahirnya Undang-Undang Nomor 22 Tahun 2019 tentang Sistem Budi Daya Pertanian Berkelanjutan

2021 ◽  
Vol 8 (3) ◽  
pp. 867-880
Author(s):  
Muhammad Ihsan
Keyword(s):  
Intellectual Property ◽  
Plant Breeding ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
New Variety ◽  
Legal Rules ◽  
Legal Provisions ◽  
Plant Variety ◽  
The Republic ◽  
The Government

Pemuliaan tanaman menghasilkan sebuah varietas baru tanaman merupakan salah satu bagian dari Hak Kekayaan Intelektual (HKI) yang kemudian diatur sesuai dengan ketentuan akan hukum yang berlaku di Indonesia yang bertitik tolak dari ketentuan GATT/TRIPs. Kemudian bagaimana upaya yang dilakukan oleh Pemerintah Republik Indonesia guna melindungi hak-hak yang di miliki oleh Petani Kecil, lebih lanjut kita juga dapat melihat bagaimana pengaturan yang dilakukan oleh aturan hukum internasional guna melindungi Kepentingan Petani Kecil.Kata kunci : Perlindungan Hukum, Pemuliaan Varietas Tanaman, Pemuliaan, Petani Plant breeding to produce a new variety of plants is one part of the Intellectual Property Rights (IPR) which is regulated in accordance with the applicable legal provisions in Indonesia which start from the provisions of GATT / TRIPs. Then how are the efforts made by the Government of the Republic of Indonesia to protect the rights of Smallholders. Furthermore, we can also see how the arrangements are made by international legal rules to protect the Interests of Smallholders.Keywords: Legal Protection, Plant Variety Breeding, Breeding, Farmers

La dichiarazione Dignitatis Humanae: Rottura o Riforma e Rinnovamento nella continuità dell’unico soggetto Chiesa?

2019 ◽  
Vol 48 (2) ◽  
pp. 377-395
Author(s):  
Agostino Marchetto
Keyword(s):  
Religious Freedom ◽  
Human Person ◽  
Essential Elements ◽  
Historical Background ◽  
The Public ◽  
Vatican Council ◽  
The Difference ◽  
The One ◽  
The Right ◽  
The Church

The contribution starts with a status quaestionis which concerns its title about the hermeneutics of Vatican ii, well based in historical background. The roots are grounded in the difference between “event” and “occurrence” – in italian “evento” e “avvenimento”. This is linked with the change in the perspective of historiography realized in the first part of the last century. The vision of continuity (see “Annales”) was put aside, introducing the one of “events”, which are linked with “ruptures” and not continuity in the course of history. With this frame we can understand that in the one of the Church there must be consideration for the hermeneutics expressed finally in the formula of the title closed by a question mark, that is: D.H.: rupture or reform and renewal in the continuity of the unique subject the Church? The answer is: no rupture in discontinuity but reform and renewal. The initial input of the contribution are the speeches of Pope Francis in the U.S.A. and U.N., an answer to the actual Sitz im Leben as far as religious freedom in nowadays society, 50 years after D.H., in a moment in which more attention is given to the texts of Vatican ii, concretely avoiding to consider “the Council of the Press” (Pope Benedict) instead of the one “of the conciliar Fathers” (= participants). The procedure of the author is certainly inspired by the volume Vatican ii. La liberté religieuse, ed. by J. Hamer and Y. Congar. The first point of attention therefore in the analysis is “homogeneous evolution of the pontifical doctrine on the matter”. It is a fundamental vision which allows even a dogmatic evolution, if it is homogeneous. In fact, the Declaration represented a development of the doctrine, a step forward in the progress of civilization, a progress in the catholic doctrine but in the line of no contradiction. And at this point the thoughts of the two fundamental pillars allowing this step forward are presented; they are J. Courtney Murray and P. Pavan. Very important is the Courtney’s statement in this regard, the following: “The doctrine of D.H. is in plenitude traditional, but it is also new, in the sense that tradition is always a developing and progressive tradition”. The author presents later on some essential elements of the right to religious freedom, with the most important and solemn affirmation in the text (N. 2): This Vatican Council declares that the human person has the right to religious freedom. It is truly an historical affirmation in the life of the Church and also for the human family. It follows the study of the relation between religious freedom and the public powers and the illustration of the education to exercise freedom under the light of the Revelation. In the final part of the essay the author analyses…some consequences of D.H. without forgetting a judgment about the actual situation of religious freedom in the world which is becoming always more serious and worrying. Here two citations of Archbishop Paul R. Gallagher, Secretary of the Relations with the States of the Papal Secretariat, are exemplary, that is: “Unfortunately we have to admit that for years the question of the violence against Christians was not taken in serious consideration. – He concluded: Even if we cannot speak of persecution in the old continent [Europe] nevertheless we must not underestimate the rather alarming phenomenon of the intolerance of religious character”.

Per una comprensione non ideologica della laicitŕ

2009 ◽  
pp. 71-95
Author(s):  
Ferrari Maria Aparecida
Keyword(s):  
Human Person ◽  
The State ◽  
Private Life ◽  
Political Sovereignty ◽  
The People ◽  
Civil Sphere ◽  
Politics And Religion ◽  
The Face ◽  
The Public Sphere ◽  
The One

- The aim of this essay is to argue a new thesis about the conception of the rightful autonomy of the political or civil sphere from that of religion and the Church. On the one hand, the relations between politics and religion are decided following the principle of autonomy, understood as a theoretical and practical affirmation of the autonomy of both spheres; autonomy supported by reciprocal collaboration in the service of the person. The secular State is a State of reason, grounded on rights and duties and on relations that do not oppose to religion, recognised as one of the multiple reality that constitute the public sphere. On the other hand, it is important to discern two different propositions of autonomy in the modern context. The first is marked with a hostile openness towards religion and a second, which is attentive to dialogue with it. The reason for this dichotomy has been caused by misunderstanding democratic reality, which are possible to solve with a double discernment: in what sense are all the people the foundation of political sovereignty? And which is the democratic value of ethic pluralism? Popular sovereignty becomes real when there is an effective respect of the inviolable nature of a several goods of the human person, beyond the different interests of the State or of the majority. Pluralism, when it is severed from the ethic of indifference and it is not relegated to private life, is another barrier in the face of the ambition of the State.Keywords: laicality, laicism, democracy, sovereignty, pluralism

scholarly journals Inteligencia Artificial e Innovación en la Administración Pública: (in)necesarias regulaciones para la garantía del servicio público

2019 ◽  
pp. 74-91
Author(s):  
Mª Concepción CAMPOS ACUÑA
Keyword(s):  
Artificial Intelligence ◽  
Public Administration ◽  
Public Service ◽  
The Other ◽  
Added Value ◽  
New Model ◽  
The Public ◽  
Legal Perspective ◽  
The Face ◽  
The One

Laburpena: Azterlan honen helburua da administrazio publikoaren eredu berriari buruzko ikuspegia ematea, bi ardatz oinarri hartuta: berrikuntza eta adimen artifiziala. Alde batetik, berrikuntza delako administrazioak bilatu behar duen balio erantsia, bere jarrera tradizionala alde batera utzita, eta, bestetik, teknologien abangoardiarekin bat egiteko premia larritik abiatuta (adimen artifiziala) kasu honetan, gainera, berrikuntzaren eragile izanik . Hori guztia, sortzen diren eztabaida etiko sakonak ikuspegi juridikotik aztertuta, eta erronkei aurre eginez, bai zerbitzu publikoa bermatzeko eta bai herritarrek beren eskubideak libreki baliatzeko eta administrazioarekin dituzten harremanetan bazterketarik ez jasateko. Resumen: En el presente estudio pretende ofrecerse un enfoque del nuevo modelo de administración pública sobre dos ejes: innovación e inteligencia artificial. Por un lado, desde la perspectiva de la innovación como valor añadido que la administración debe buscar frente a su posición tradicional y, por otro, desde la imperiosa necesidad de sumarse a la vanguardia de las tecnologías en clave de inteligencia artificial, en este caso, además, como motor de innovación. Todo ello desde un análisis en perspectiva jurídica, desde los retos que se plantean para garantizar no sólo el servicio público, sino el libre ejercicio de sus derechos por la ciudadanía y la no discriminación en su relación con la administración, ante los profundos debates éticos que aparecen. Abstract: In the present study, we intend to offer an approach to the new model of public administration on two axes: innovation and artificial intelligence. On the one hand, from the perspective of innovation as an added value that the administration must seek in the face of its traditional position and, on the other, from the imperative need to join the vanguard of technologies in the key of artificial intelligence, in this case, also as an innovation engine. All this from an analysis in legal perspective, from the challenges that are posed to guarantee not only the public service, but the free exercise of their rights by citizenship and non-discrimination in their relationship with the administration, before the profound ethical debates that appear.

scholarly journals Legal protection of plant biotechnological inventions

1989 ◽  
Vol 61 (5) ◽  
pp. 405-414
Author(s):  
P. T. Vanhala ◽  
T. Pehu ◽  
H. G. Gyllenberg
Keyword(s):  
Plant Breeding ◽  
Legal Protection ◽  
The United States ◽  
Plant Production ◽  
Breeding Methods ◽  
Industrial Countries ◽  
Plant Variety ◽  
New Varieties ◽  
Variety Protection ◽  
Biotechnological Inventions

Within biotechnology, plant production is regarded as one of the most promising adaptations. New plant breeding methods are considered to better fulfil the requirements set on patentability than the traditional breeding methods. In Europe, a plant variety can be protected by special legislation. The present patent laws in Europe are not applied to plant biotechnological inventions. The United States has three systems under which new varieties of plants may be protected. These include The 1930 Plant Patent Act, The 1970 Plant Variety Protection Act and The 1952 Patent Statute. Companies that have specialized in plant breeding and organizations representing the industrial countries recommend improvements to the legal protection. On the other hand, farmers and the developing countries are against better protection.

scholarly journals Artificial intelligence as a potential subject of property and intellectual property relations

2020 ◽  
Vol 9 (1) ◽  
pp. 231-250
Author(s):  
Kateryna Nekit ◽  
Vira Tokareva ◽  
Volodymyr Zubar
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Capacity ◽  
Legal Personality ◽  
Potential Subject ◽  
Property Relations ◽  
The Status ◽  
The Right

The article analyzes the possibility to provide legal capacity to artificial intelligence, which would lead to the emergence of a new subject in legal relations. The aim of the article is to reveal whether it is possible to recognize, that artificial intelligence is able to have property and intellectual property rights. To achieve this aim, dialectical, comparative, dogmatic and legal methods are used. It is noted that according to recent studies, there are more and more grounds for recognizing artificial intelligence as subjects of legal relations. Particular attention in the article is paid to the specifics of the status of artificial intelligence in property relations. The consequences of empowering artificial intelligence with the right to property are analyzed. The conclusion is drawn on the appropriateness of such an approach, since this will solve the problem of liability for damage caused by artificial intelligence. The possibility of endowing artificial intelligence with property on the basis of trust before resolving the issue of its legal personality is proposed. Modern approaches to the problem of rights to objects of creativity created by artificial intelligence are considered in the article. The options for the distribution of rights to such objects are analyzed depending on the degree of human participation in their creation and on the level of complexity of the artificial intelligence that creates these objects. The general conclusion is made about the possibility to qualify artificial intelligence as a subject of legal relations, in particular, of property and intellectual property relations.

scholarly journals Artificial Intelligence: Serving American Security and Chinese Ambitions

2020 ◽  
Vol 4 (3) ◽  
pp. 42-52
Author(s):  
H. Obeid ◽  
F Hillani, ◽  
R. Fakih ◽  
K. Mozannar
Keyword(s):  
Artificial Intelligence ◽  
United States ◽  
Technological Development ◽  
The United States ◽  
New Era ◽  
The Us ◽  
The One ◽  
The Right ◽  
Technological Strength

In recent years artificial intelligence has entered a new era, which gives rise to many hopes for powerful states such as the United States and China. In this paper, we analyze the importance and role of artificial intelligence in technological development in each of the two countries on the one hand, and its influence on China-American relations in terms of technological and geopolitical conflict. To get the right results, we rely on a literature review of dozens of articles published on the phenomenon in order to compare the power of artificial intelligence between the United States and China where we found that the US still has technological strength, especially in the field of artificial intelligence, but we can say that a large force is beginning pose a threat for it which is China that has great technological capabilities so, we can say that the United States should work more in this field. Also, we found that artificial intelligence has a primary goal in both countries, it helps China to achieve its ambitions to be the leader of the world, and this intelligence, on the other hand, provides protection and security to the United States. This paper is divided into three sections. The first section focuses on the importance of artificial intelligence in achieving China’s ambitions, the second section explains the role of artificial intelligence in the US protection service, and the third section describes the technological and geopolitical conflict resulting from the competition in artificial intelligence between these two countries. Keywords: Artificial intelligence, United States, China, Conflict, leader.

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