scholarly journals Non-fungible tokens (NFT) and intellectual property: The triumph of the proprietary approach?

2021 ◽  
Vol 2 (3) ◽  
pp. 46-54
Author(s):  
A. A. Dolganin

Technical methods of intellectual property protection are reviewed and combined in the essay in the discourse of historical development — from man-made signatures of Renaissance artists to non-fungible tokens (NFT). The proliferation of NFTs is analyzed from the point of view of the commercial law: NFTs are discussed as objects that simultaneously have the characteristics of independence and a derivative nature in relation to intellectual property being the underlying digital asset. The self-sufficiency of NFTs as legal objects is provided by their commodity properties, which arise not only from the value of the underlying asset, but from the phenomenon of crystallization of the unique fixed version of the asset in a non-interchangeable and irreproducible token. The derivative nature of NFTs, figuratively correlated with the derivative contracts in financial markets, is manifested in the symbolization of intellectual property as an underlying asset and the loss (in full or in part) of its usual significance for a potential acquirer when placed in an NFT-image. Despite the variety and a specific evolution of legal approaches to the understanding of intellectual property, we can state a long-standing conceptual rejection by legal scholars from the simplest proprietary theories of transferring real rights constructions to intellectual property. However, some absolute property features of the NFTs, ensuring both internal and external legal aspects of the property, raise the question of a new legal life of “proprietarism” in the conditions of digitalization and information capitalism.

Moreana ◽  
2016 ◽  
Vol 53 (Number 205- (3-4) ◽  
pp. 73-94
Author(s):  
Guillaume Navaud

Utopia as a concept points towards a world essentially alien to us. Utopia as a work describes this otherness and confronts us with a world whose strangeness might seem disturbing. Utopia and Europe differ in their relationship to what is other (Latin alienus) – that is, that which belongs to someone else, that which is foreign, that which is strange. These two worlds are at odds in regards to their foreign policy and way of life: Utopia aspires to self-sufficiency but remains open to whatever good may arrive from beyond its borders, while the Old World appears alienated by exteriority yet refuses to welcome any kind of otherness. This issue also plays a major part in the reception of More’s work. Book I invites the reader to distance himself from a European point of view in order to consider what is culturally strange not as logically absurd but merely as geographically remote. Utopia still makes room for some exoticism, but mostly in its paratexts, and this exoticism needs to be deciphered. All in all, Utopia may invite us to transcend the horizontal dialectics of worldly alterity in order to open our eyes to a more radical, metaphysical otherness.


2018 ◽  
Vol 29 (1) ◽  
pp. 3-18
Author(s):  
Masoodi Marjan

Abstract The aim of this study is to furnish a reliable theoretical overview on metacognitive awareness. This research is carried out to (1) familiarize the researchers with the definition, components and sub-components of metacognitive awareness (2) discuss a brief outline of metacognitive awareness along with its origin and essence from the point of view of its historical development (3) link metacognitive awareness to a number of other constructs, including motivation (4) illustrate the features of self-regulated students and their recruited metacognitive strategies and (5) briefly examine the major challenges in the implementation of metacognitive awareness. In conclusion, this research reveals that the analysis of metacognitive awareness and its components gives rise to a new notion of auto-noetic (self) knowledge of learners through planning, monitoring and reflectively evaluating task performance, and creates higher levels of self-efficacy which provides students with different educational contexts in which they are able to have more self-confidence, get more positive feedback both from an instructor and classmates and cultivate in learners more self-regulatory characteristics that enable them to learn autonomously, be completely equipped with motivation and be welcoming to challenges. The study provides benefits to both learners and educators. Learners can receive guidance on how to foster metacognitive awareness for being more competent learners. Furthermore, it provides meaningful insights for curriculum developers to provide metacognitive awareness-based curricula.


2020 ◽  
Vol 1 (1) ◽  
pp. 32-37
Author(s):  
I. Naydenova

As a research area, interior design took shape in the 20s of the last century, despite the fact that the practice of decorating living spaces dates back many hundreds of years. However, the "self-sufficiency" of design and its connection with architecture to this day is the subject of scientific discussions of urban specialists, historians, art historians, and anthropologists. The article discusses the leading artistic styles and trends that prevailed in architecture and design from the point of view of their mutual influence on each other. Time frame of the research: from the middle of XIX century to the first half of XX century. As a result of the research of foreign experience in the formation of interior design, the main stages of the movement development and its relationship with architecture in two formations were identified: activities directly dependent on architectural decisions, activities that determine the entire design process to a large extent: from the functional zoning of the premises to the features of the placement of utilities in the building. Entering the information era in art as a whole is characterized by the rejection of slogans that clearly delineate stylistic boundaries and determine the role of a designer in creating the living space. The determining factor influencing the integrity of the building’s appearance in a modern view is the harmony of the facade and the internal content, which was made possible thanks to the equal interaction of the architect and designer, starting from the first half of the 20th century.


2017 ◽  
Vol 105 (7) ◽  
pp. 1195-1198 ◽  
Author(s):  
E. William Cowell ◽  
Jeffrey H. Reed

2021 ◽  
pp. 2150002
Author(s):  
Guimin Yang ◽  
Yuanguo Zhu

Compared with investing an ordinary options, investing the power options may possibly yield greater returns. On the one hand, the power option is the best choice for those who want to maximize the leverage of the underlying market movements. On the other hand, power options can also prevent the financial market changes caused by the sharp fluctuations of the underlying assets. In this paper, we investigate the power option pricing problem in which the price of the underlying asset follows the Ornstein–Uhlenbeck type of model involving an uncertain fractional differential equation. Based on critical value criterion, the pricing formulas of European power options are derived. Finally, some numerical experiments are performed to illustrate the results.


Author(s):  
Maria Polozhikhina ◽  

Climate conditions remain one of the main risk factors for domestic agriculture, and the consequences of global climate change are ambiguous in terms of prospects for agricultural production in Russia. This paper analyzes the impact of climate change on the country’s food security from the point of view of its self-sufficiency in grain primarily. Specific conditions prevailing on the Crimean peninsula are also considered.


Author(s):  
Оксана Алексеевна Владимирова

Статья посвящена анализу организационно-правовых аспектов реализации прав интеллектуальной собственности лиц, осужденных к лишению свободы. Рассмотрен сложившийся опыт, особое внимание уделяется проблемным вопросам реализации осужденными личных неимущественных и исключительных интеллектуальных прав: связанным с приобретением права интеллектуальной собственности, затруднениям осуществления интеллектуальных прав, вызванным режимными требованиями. Творческая деятельность человека - одно из самых эффективных средств исправления, по мнению автора, поскольку именно она является высшей сознательной деятельностью. Поэтому необходимо поощрять и развивать в исправительных учреждениях данный вид деятельности, всемерно содействовать ее реализации. Предлагается создавать в исправительных учреждениях кроме уже имеющихся ресурсов специальные лаборатории, мастерские и т. п. центры для реализации творческой, в том числе научно-творческой потребности осужденных. При необходимости всячески содействовать осужденным при реализации процедуры получения патента. Кроме того, в рамках правового просвещения осужденных необходимо информировать о возможностях реализации авторского или патентного права в рамках имущественных отношений. This article is devoted to analysis of legal aspects of implementation of intellectual property rights of persons sentenced to deprivation of liberty. Abstract: the experience, a special attention is paid to the problematic issues of implementation of convicted persons of exceptional moral and intellectual rights: associated with the acquisition of intellectual property rights, difficulties in the implementation of intellectual property rights, caused by the regime requirements. Human creativity is one of the most effective means of correction, in the author's opinion, as it is the higher conscious activity. It is therefore necessary to promote and develop in correctional institutions this activity, to contribute fully to its implementation. It is proposed to establish in correctional institutions in addition to the existing resources of the special laboratories, workshops, etc. centers for the implementation of creative, including research and creative needs of prisoners. If necessary to fully support the convict in the implementation of the procedure of obtaining a patent. In addition, the legal education of prisoners should be informed about the possibilities of implementation of copyright or patent rights in the framework of property relations.


2017 ◽  
Vol 9 (3) ◽  
pp. 59
Author(s):  
Carina Simionato de Barros ◽  
Gabriela Geraldi Mendonça ◽  
Augusto Hauber Gameiro

Farm schools offer a learning environment for the education of students in Agricultural Technical Programs and offer this program adopting boarding systems (“farm-boarding schools” or “FBS”). The big challenge in FBS is balancing education and production, that is, provide resources for practical classes and at the same time provide food for farm residents from a pre-defined budget by the sponsoring institution. The aim of this paper is to present a linear programming model to plan and optimize FBS production and supply. The model was applied in two FBS in Brazil. The model developed could show the complexity of the FBS system, which features a variety of productions and the interactions among them. The modeling process presented positive results from a technical and managerial point of view, including people management. The formulated model showed an optimized scenario which extended the managers’ analysis horizon and allowed safer decision making. The system’s complexity hampers dialogue between the farm-boarding school team and managers. From the modeling process and the standardization of data and generated results, there was a greater safety margin to present investment proposals and analyzes, accelerating the decision-making process, which was a positive addition to the system.


2021 ◽  
pp. 47-104
Author(s):  
Albert Esplugas

This paper presents a critique of intellectual property from an ethical and economical point of view. Once patents and copyrights are characterized as a monopolies of ideas, it is argued that intellectual pro-perty violates private property rights in its original meaning and it is not based in real scarcity but creates artificial scarcity instead. In addition, the paper challenges intellectual property as an incentive to innovation and studies the several costs of this kind of regulation. Eventually, diffe-rent market alternatives to tackle the free-riding problem are explored. Key words: intelectual property, patents, copyrights, private property, scar-city, public good, innovation incentives, market economy. Clasificación JEL: O310, O320, O340, H410. Resumen: En este trabajo se presenta una crítica a la propiedad intelec-tual desde una perspectiva ética y económica. Tras caracterizar las paten-tes y los copyrights como monopolios sobre ideas, se arguye que la pro-piedad intelectual viola el derecho de propiedad privada en su sentido tradicional y crea una escasez artificial en lugar de fundarse sobre la esca-sez. Se cuestiona, asimismo, que la propiedad intelectual suponga un incen-tivo a la creación, estudiando los distintos costes de una regulación de este tipo. Por último se mencionan varias alternativas de mercado para hacer frente a los problemas de free-riding. Palabras clave: propiedad intelectual, patentes, copyrights, propiedad privada, escasez, bien público, incentivos a la innovación, mercado.


Author(s):  
Нодиржон Хайриев ◽  
Nodirzhon Khayriev

This article studies historical-legal aspects of such issues as organization and development of criminal procedure in Ancient Rome, types of criminal procedure in this state, peculiarities of criminal procedure organization on the basis of the Laws of the twelve tables, legal status of officials, reviewing cases, as well as issues of guaranteeing fairness of the courts, specific to the ancient roman legal and institutional framework. Based on the historical development of the state and law, the author presents a different classification of the development stages of Ancient Rome and history of the Roman (Civil) Law. The author pays special attention to studying procedural law aspects, in particular, to the issues of particular characteristics of criminal procedure and judicial examination, evidence law, procedure of instituting court proceedings, hearings of cases in courts and adoption of relevant court decisions. The author conducts thorough analysis of the main stages of a criminal process, which, as the author assumes, consist of two parts — bringing of a suit, evaluation of evidence and documents, checking the accuser’s requirements, as well as reviewing claims under the lawsuit and submitted evidence, judicial examination.


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