scholarly journals Technology and Regulatory Black Holes: Issues in Protecting IP Rights in Insolvency for Both Licensors and Licensees

2019 ◽  
Vol 18 (2) ◽  
pp. 290
Author(s):  
Jason J Kilborn

Australia’s insolvency laws have a curious deficiency:  There are virtually no provisions on the treatment of ongoing contracts.  Such contracts may well represent some of the most valuable assets of a business debtor, small or large, especially in this new era of rapid technological innovation, where tangible property often pales in value to that inherent in intellectual property.  Indeed, IP rights are often the nucleus around which a small business’ vitality revolves.  The inability of businesses predictably to rely on, manage, and protect license contracts preserving IP rights is a problem that is sure to become more acute in the coming decades, as both the importance of IP rights and the incidence of business insolvency rise.  Experience from across the Pacific portends a potential wave of coming disputes involving such rights in developed economies like Australia’s, potentially hitting small entrepreneurs hard and undermining the effectiveness of insolvency proceedings for these crucial debtors and their creditors.  This article reveals a proliferation of disputes concerning IP license rights and several salient challenges confronted by both licensors and licensees, debtors and non-debtors, in domestic and cross-border insolvency proceedings in US insolvency proceedings.  The common root of these challenges seems to be legislation that did not foresee the rise of IP licensing as a mainstay of modern entrepreneurship.  The simple common solution, and a guide for Australian regulators, is more careful consideration of non-obvious pitfalls in laws that preserve IP license rights in insolvency cases to maximise value not only for the parties involved, but for modern societies who increasingly depend on innovation and entrepreneurship.

Author(s):  
Erika Fischer-Lichte

The introduction ‘Philhellenism and Theatromania’ retraces the emergence of these two phenomena in the German middle class. The year 1755 marks a watershed in this regard: it saw the publication of J. J. Winckelmann’s treatise Reflections on the Painting and Sculpture of the Greeks and the premiere of G. E. Lessing’s first domestic tragedy Miß Sara Sampson. Both share the common root and motivation once and for all to banish Frenchified German court culture. While Winckelmann’s treatise praised the ‘noble simplicity’ and ‘quiet greatness’ of the Greek masterpieces, Lessing’s play advocated new family values and the ideal of ‘naturalness’ as the true virtues of the middle class. The merging of Philhellenism as the cult of beauty with theatromania as the quest for identifying in a social group and as an individual provided the basic condition for staging Greek tragedies.


Author(s):  
Andrew Q. Philips

In cross-sectional time-series data with a dichotomous dependent variable, failing to account for duration dependence when it exists can lead to faulty inferences. A common solution is to include duration dummies, polynomials, or splines to proxy for duration dependence. Because creating these is not easy for the common practitioner, I introduce a new command, mkduration, that is a straightforward way to generate a duration variable for binary cross-sectional time-series data in Stata. mkduration can handle various forms of missing data and allows the duration variable to easily be turned into common parametric and nonparametric approximations.


1973 ◽  
Vol 13 (1) ◽  
pp. 31
Author(s):  
Heyder Bin Heyder

Although congenital choledochal cyst, a localized dilatation of the common bile duct, is an unusual condition in many countries, it should be expected in any infant who presents the triad of jaundice, tumor and pain in the right upper abdomen. Not less than 500 cases have been reported in the medical literature. Recently it is pointed out, that the congenital chledochal cyst is more common in Japan than in Europe or American countries. A personal contact with the Japanese delegation attending the meeting of the Pacific Association of Pediatric Surgeons in Vancouver, May 1971, confirmed it.


2021 ◽  
Author(s):  
András Hajdu ◽  
György Terdik ◽  
Attila Tiba ◽  
Henrietta Tomán

AbstractEnsemble-based methods are highly popular approaches that increase the accuracy of a decision by aggregating the opinions of individual voters. The common point is to maximize accuracy; however, a natural limitation occurs if incremental costs are also assigned to the individual voters. Consequently, we investigate creating ensembles under an additional constraint on the total cost of the members. This task can be formulated as a knapsack problem, where the energy is the ensemble accuracy formed by some aggregation rules. However, the generally applied aggregation rules lead to a nonseparable energy function, which takes the common solution tools—such as dynamic programming—out of action. We introduce a novel stochastic approach that considers the energy as the joint probability function of the member accuracies. This type of knowledge can be efficiently incorporated in a stochastic search process as a stopping rule, since we have the information on the expected accuracy or, alternatively, the probability of finding more accurate ensembles. Experimental analyses of the created ensembles of pattern classifiers and object detectors confirm the efficiency of our approach over other pruning ones. Moreover, we propose a novel stochastic search method that better fits the energy, which can be incorporated in other stochastic strategies as well.


2021 ◽  
Vol 2 (2) ◽  
pp. 38-51
Author(s):  
Pierre-Alexandre Beylier

By applying a theoretical framework based on different models proposed in border studies literature, this article analyzes the morphological, functional, institutional and identity characteristics that make Point Roberts—an American exclave in the Pacific Northwest—a “cross-border town”. Using an online survey and face-to-face interviews, the author combines both quantitative and qualitative research methods in order to examine the forces that link Point Roberts and the Canadian city of Delta that lies across the Canada–US border. This paper highlights the specificities of this unique geographic configuration as well the challenges that the border represents.


Sign in / Sign up

Export Citation Format

Share Document