Validity in patent infringement proceedings – a new approach to transnational jurisdiction

2021 ◽  
Vol 11 (1) ◽  
pp. 47-68
Author(s):  
Zheng Sophia Tang
Keyword(s):  
International Conflict ◽  
Patent Infringement ◽  
Evidence Based ◽  
New Approach ◽  
Initial Power ◽  
Sound Management ◽  
Domestic Level ◽  
Shed Light

Validity is frequently raised as an issue in patent infringement proceedings, either as a defence or as a preliminary question. Where a court may hear a dispute in relation to infringement of foreign patents, whether the court could and should adjudicate their validity is controversial. This article examines five approaches to this matter. It concludes that none of these approaches is perfect and that there is a lack of evidence-based assessment as to their efficiency. It then moves on to discuss the similar jurisdictional segregation which occurs between validity and infringement at the domestic level in those countries which have adopted a bifurcation system of patents. It suggests that measures adopted domestically may shed light on the international conflict, and that courts should consider factors exceeding those ordinarily considered by international lawyers. A jurisdiction ‘matrix’ is proposed, aimed at providing a pragmatic solution. It grants the court on infringement the initial power to screen the likelihood of success of the infringement claim and then the validity defence, taking into account the accuracy of decision, expertise, chances of success, sound management of justice and deterrence of torpedo defences, before making a decision on validity jurisdiction.

scholarly journals A New Guitar Teaching Philosophy

2008 ◽  
Vol 18 (1) ◽  
pp. 33-49
Author(s):  
Ice B. Risteski
Keyword(s):  
Teaching Philosophy ◽  
Classical Guitar ◽  
New Approach ◽  
Guitar Music ◽  
Shed Light

In this present work it is given an opinion for a new approach to guitar teaching philosophy in a sufficiently sophisticated way, which surpasses up to now all known looks. With a goal to shed light on this important topic, this work will introduce a new guitar teaching philosophy on the virtue of musical-aesthetical knowledge of classical guitar music. With the intention to better understand this approach, emphasis is made throughout the prismof the guitar experience and from the viewpoint of new needs of classical guitar study.

Why we need a new approach to teaching digital literacy

2018 ◽  
Vol 99 (6) ◽  
pp. 27-32 ◽  
Author(s):  
Joel Breakstone ◽  
Sarah McGrew ◽  
Mark Smith ◽  
Teresa Ortega ◽  
Sam Wineburg
Keyword(s):  
Higher Education ◽  
Presidential Election ◽  
Digital Literacy ◽  
Web Searching ◽  
Main Approach ◽  
New Approach ◽  
Approach To Teaching ◽  
K 12 ◽  
Shed Light ◽  
The Web

In recent years — and especially since the 2016 presidential election — numerous media organizations, newspapers, and policy advocates have made efforts to help Americans become more careful consumers of the information they see online. In K-12 and higher education, the main approach has been to provide students with checklists they can use to assess the credibility of individual websites. However, the checklist approach is outdated. It would be far better to teach young people to follow the lead of professional fact-checkers: When confronted by a new and unfamiliar website, they begin by looking elsewhere on the web, searching for any information that might shed light on who created the site in question and for what purpose.

Gender, Feminism, and Attitudes toward International Conflict: Exploring Relationships with Survey Data from the Middle East

1997 ◽  
Vol 49 (2) ◽  
pp. 250-281 ◽  
Author(s):  
Mark Tessler ◽  
Ina Warriner
Keyword(s):  
Middle East ◽  
Survey Data ◽  
International Conflict ◽  
Empirical Investigation ◽  
Arab World ◽  
Secondary Analysis ◽  
Important Variable ◽  
International Studies ◽  
War And Peace ◽  
Shed Light

In an effort to contribute to the dialogue between gender studies and international studies, this report presents findings from an empirical investigation based on the integrated secondary analysis of survey data from Israel, Egypt, Palestine, and Kuwait. The goal is to assess the utility of both gender and attitudes pertaining to the circumstances of women in accounting for variance in views about war and peace, and thereafter to examine the degree to which political system attributes constitute conditionalities associated with important variable relationships. Major findings include the absence of gender-linked differences in attitudes toward international conflict in all four of the societies studied and a significant relationship in each of these societies between attitudes toward gender equality and attitudes toward international conflict. Based on data from the Arab world and Israel, with attitudes about a peaceful resolution of the Arab-Israeli conflict treated as the dependent variable, the research also aspires to shed light on more practical considerations pertaining to the international relations of the Middle East.

scholarly journals Combination antifungal therapy for breakthrough invasive mould disease in patients with haematological malignancies: when management reasoning eclipses evidence-based medicine

2020 ◽  
Vol 75 (11) ◽  
pp. 3096-3098
Author(s):  
C Garcia-Vidal ◽  
R E Lewis ◽  
D P Kontoyiannis
Keyword(s):  
Antifungal Therapy ◽  
Antifungal Prophylaxis ◽  
Definitive Diagnosis ◽  
Quality Data ◽  
Evidence Based ◽  
High Quality ◽  
High Quality Data ◽  
Risk Patients ◽  
Sound Management ◽  
Based Medicine

Abstract Timely diagnosis and treatment of invasive mould disease is challenging in severely immunocompromised patients, particularly for patients who develop breakthrough infections while on antifungal prophylaxis. Currently, there are no high-quality data on how to best diagnose and treat these infections. Many essential decisions affecting the management of breakthrough mould disease are made before a definitive diagnosis is established. In this scenario, sound management reasoning often favours the use of combination antifungal therapy, especially when antifungal resistance, suspicion of undetected sites of infection or pharmacokinetic/pharmacodynamic limitations at the site of infection are likely. In these scenarios, pre-emptive use of antifungal combination therapy with frequent re-evaluation with an aim of de-escalation could be justified for many high-risk patients.

Values based psychiatry

2011 ◽  
Vol 26 (S2) ◽  
pp. 2128-2128
Author(s):  
B.K.W.M. Fulford
Keyword(s):  
Mental Health ◽  
Clinical Decision Making ◽  
Clinical Skills ◽  
Clinical Decision ◽  
Evidence Based ◽  
Involuntary Treatment ◽  
New Approach ◽  
Health Values ◽  
Potential Partner ◽  
The Uk

Values-based Practice is a new approach to working with complex and conflicting values in medicine. The approach is derived from work in analytic philosophy on the logic of values. As a practical approach, it is based primarily on learnable clinical skills. Values-based Practice has been developed particularly in mental health, through a number of programmes involving both voluntary sector and government organisations in the UK and internationally. Two examples of these programmes will be presented: one related to the use of involuntary treatment in psychiatry; the other arising from a government-sponsored programme on diagnosis and assessment in mental health. Values-based Practice is currently being extended into other areas of medicine as a potential partner to evidence-based practice in clinical decision making

From Evidence-Based Practice in Suicide Prevention to the Real World: How Long is the Leap?

2009 ◽  
Vol 24 (S1) ◽  
pp. 1-1
Author(s):  
M. Pompili
Keyword(s):  
Suicide Prevention ◽  
Mental Health Professionals ◽  
Real World ◽  
Evidence Based Practice ◽  
Primary Care Providers ◽  
Evidence Based ◽  
Care Providers ◽  
The Real ◽  
The Everyday ◽  
Shed Light

This presentation aims to shed light on effective suicide prevention activities that often are missing in the everyday clinical practice. Too often in fact suicidal individuals seek help from mental health professionals that nevertheless fail to recognize suicide risk. For instance, on average, 45% of suicide victims had contact with primary care providers within 1 month of suicide. Likewise, the real world often presents challenges that impair proper utilization of the evidence-based practice. Also, the alarming suicide rates around the world points to lack of effective preventive understanding of suicide. This presentation will present key point of the evidence-based practice, how to implement such approach and how to overcome difficulties in the real world. It will deal with the state of the art of preventive measures of suicide, what the missing elements are and how to make the most from personal experience without risking relying on clinician's intuition in management of suicidal individuals.

Television's Role in Family Interaction

1983 ◽  
Vol 4 (2) ◽  
pp. 405-424 ◽  
Author(s):  
IRENE F. GOODMAN
Keyword(s):  
Family Systems ◽  
Measurement Techniques ◽  
Theoretical Models ◽  
Future Research ◽  
New Approach ◽  
Systems Model ◽  
Television Use ◽  
The Family ◽  
Shed Light

The purpose of this article is to argue that exploring the role of television in family life is not solely a matter of studying its effects on family members; it also involves looking at TV as a phenomenon that serves a whole range of social purposes the study of which can shed light on general family functioning. In this review, existing theoretical models and research are discussed in order to show why a new model—family systems—is being proposed. The application of the family systems model to the arena of television use in the family is one that has not been previously explored. Emphasis will be placed on two family systems principles that are important in the study of the family's use of and interaction around television. Current measurement techniques will be examined to illustrate that a new approach, reflecting interaction and process, is needed. Components of a family systems model—structure, development, and adaptation—are adapted in order to discuss TV's function in the family. Suggestions for future research and implications for therapy are offered.

Unfair fights: Power asymmetry, nascent nuclear capability, and preventive conflict

2015 ◽  
Vol 34 (4) ◽  
pp. 431-455 ◽  
Author(s):  
Robert Schub
Keyword(s):  
Nuclear Weapons ◽  
Strong Support ◽  
Relative Power ◽  
Power Shifts ◽  
Security Issues ◽  
Bargaining Models ◽  
Theoretical Predictions ◽  
Empirical Tests ◽  
Initial Power ◽  
Shed Light

Scholars have long recognized that imminent shifts in relative power may motivate declining states to initiate conflict. But what conditions exacerbate the risk posed by these anticipated power shifts? Building upon existing bargaining models of war, I show that larger initial power asymmetries increase the probability of preventive conflict. Theoretical extensions that account for certainty effects and variable costs of war, both of which are linked to initial dyadic power balances, drive this relationship. It follows that looming power transitions in which rising states approach and surpass parity, long considered war-prone scenarios, are not particularly problematic. Instead, the risk of conflict is greatest when preponderant powers confront conventionally weak but rising states. I test the theoretical predictions in the context of anticipated power shifts due to rivals pursuing nuclear weapons. Extensive empirical tests that relax assumptions employed in prior analyses of preventive conflict offer strong support for this contention. These results shed light on the underpinnings of many pressing contemporary interstate security issues.

Sign in / Sign up

Export Citation Format

Share Document