exclusive property
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2021 ◽  
pp. 1-23
Author(s):  
Cristina Violante

In this article, I illustrate two ways in which Zionist settlers appropriated water in Mandate Palestine. The first way was through the imposition of a new kind of property regime, one that measured and defined water rights in terms of volume. This differed from customary Palestinian practice, which distributed water in time-based shares. I argue that volume-based measures made water more easily bought and sold and, by extension, more like a commodity. The second method of appropriation I detail is the granting of concessions to generate hydroelectricity to the Palestine Electric Corporation. These concessions gave the company control over three of Palestine’s major rivers, which it then turned into an object of investment for foreign shareholders. As a result, water use cannot be understood separately from electricity during the Mandate. While these two processes might appear unrelated, I argue that they were both legalized methods of exclusion that, when taken together, reveal a larger process of gradual, albeit incomplete, dispossession of water resources. While Zionist settler colonialism legitimated itself by claiming to efficiently use natural resources, such as water, in actuality, it sustained itself by imposing exclusive property rights.


2021 ◽  
Vol 3 (5) ◽  
pp. 47-50
Author(s):  
Robert A. Sizov

The discovery and study of real magnetic charges, as well as true anti-electrons in the structures of substance and their inclusion in basic physical concepts, allowed the author to establish that two physical images correspond to a person: a real human body, i.e., his mass composition (atoms, nucleons, etc.) and the spinor image in the form of its biofield, displayed in the Energo-medium (Energo-ether) that and is the physical Aura. The spinor image or Aura of person is not a simple “photograph” but represents a system of real physical states or fractals in the Energo-medium, which, at the cellular level, are connected with the human body and interact with it at all stages of its existence. It is the physical Aura that is responsible for all the power reactions manifested by the body, providing, for example, “force service” of the activity of the central and autonomic nervous system. The article shows the conditions for the transformation of the Aura into a dead state after the death of a person, and also notes some fractals in its composition that are able to maintain former vital reactions for some time. The external manifestations of such “long-lived” fractals of the Aura, meeting the conditions of identity with a deceased person, can be perceived by some sensitive people. It is the last circumstance that can explain the numerous observations of ghosts and images of deceased people, emerging both in a dream and in reality. At the same time, the ability to form the marked fractals is not an exclusive property of the Aura of dying or deceased people. Such fractals capable of emitting and the quite healthy people in some of life situations. These latter fractals in the surrounding space can be perceived by some people and showing in ordinary dreams.


Author(s):  
Michael T. Miller

Abstract This article will look at the ideology of veganism in the AHIJ. Since the early 1970s their diet has been a core part of their ideology and of their message to the world. Acknowledging that a black/Jewish meat-free diet is far from the exclusive property of the group, let alone a new development on their part, I will argue that it is an expression of the syncretic “bricoleur” nature of Black Israelite thought (Dorman 2013), reflecting, drawing on, and transforming traditions existing in both African American and Jewish thought in and before the twentieth century – principally articulated as a concern for health in the former and a messianic return to the peaceful Edenic existence in the latter. However, Ben Ammi skillfully intertwines it into their theology by arguing that a return to the veganism of the Garden of Eden is part of the community’s redemption of humanity from primordial sin and ultimate overcoming of the curse of death.


2021 ◽  
Author(s):  
Simon Brinsmead

A new international instrument is needed to address access to interoperability standards and standards-essential intellectual property, which are critical to maintaining technological advancement and promoting cost-effective solutions for consumers. Applying law and economics methodologies, Simon Brinsmead systematically explores how international and domestic law deals with these matters. This important book includes an examination of the technical and economic nature of interoperability standards; a detailed analysis of the issues arising under intellectual property and competition law; an analysis of whether liability or exclusive property rules should apply with respect to interoperability standards and SEIP; and consideration of feasible international approaches. Finally, Brinsmead includes a draft of his proposed international soft law instrument as a starting point for future discussions in the field. Of interest to lawyers, regulators and scholars, this work offers a meaningful contribution to international governance, harmonization of laws and technological advancement.


2021 ◽  
Vol 81 (2) ◽  
pp. 33-41
Author(s):  
O. V. Pikhurets ◽  
A. O. Pikhurets

Thіs аrtіcle аttemрts to conduct а scіentіfіc аnd theoretіcаl аnаlysіs of the content of іntellectuаl рroрerty rіghts. The exіstіng scіentіfіc аррroаches to determіne the system of рersonаl non-рroрerty rіghts аnd рroрerty (exclusіve) rіghts to the results of іntellectuаl аctіvіty аnd objects equаted to them аre studied. The essence of the system of рersonаl non-рroрerty rіghts іs determіned. Thus, the subjectіve rіght to the result of іntellectuаl, creаtіve аctіvіty аnd objects equаted to them cаn be eіther рroрerty (exclusіve) or рersonаl non-рroрerty, but not both аt the sаme tіme. Personal non-property rights can belong only to the creator (author). They do not depend on property rights and are closely related to the identity of the author (creator); are protected indefinitely and may not be transferred to other persons, except as provided by law. Personal non-property copyrights do not have economical content, are not negotiable, despite the existence of a legal norm on compensation for non-pecuniary damage due to the violation of personal rights. Іt іs determіned thаt the рroрerty rіght to the result of іntellectuаl, creаtіve аctіvіty аnd objects equаted to them іs аn exclusіve rіght іn its essence. Its exclusіvіty іs the fact thаt only the rіght holder mаy decіde to tаke аррroрrіаte аctіon on the results of іntellectuаl, creаtіve аctіvіtіes аnd objects equаted to them, whіle аll other рersons must obtаіn рermіssіon іn eаch cаse from the rіght holder to use the result of іntellectuаl, creаtіve аctіvіtіes аnd objects equаted to іt. Property (exclusive) rights can freely transferred to other persons and are urgent (the period of their validity is limited to the life of the author and 70 years after his death). Exclusive (property) rights are positive rights that include the right to use and dispose the object of intellectual property rights. Defіcіencіes аnd gарs іn the system of cіvіl lаw рrotectіon of рersonаl non-рroрerty аnd рroрerty (exclusіve) rіghts of іntellectuаl рroрerty rіghts hаve been іdentіfіed. The authors have formulated persрectіve dіrectіons for іmрroving the legіslаtіon іn thіs area.


Author(s):  
Anna Dmytruk

Keywords: results of creative activity, intellectual property law, creative freedom,subjective and objective aspects of intellectual property law, subjective and objectiveaspects of creative freedom At the present stage of intellectual property science developmentresearchers continue discussions on the nature of intellectual property law and itscomponents. In the intellectual property law history, the legal doctrine and legislationadmit a certain connection between creators and their results of intellectualcreative activity as well as the relations that arise as a result of their creation. Consideringthe basic approaches to intellectual property rights we cannot ignore its obviouscomponent attribute of ideal nature, so the system of intellectual propertyrights protection includes not only property or exclusive intellectual property rights, but also personal non-property rights. Intellectual property law in the objectiveacceptation is a system of rights. In the subjective acceptation it always combinestwo components: non-material and material. Legislative rights to the object ofintellectual property rights are a legal confirmation of the existing and inviolableconnection between the creator and their object of intellectual property rights. Intellectualproperty law combines personal, intangible and property interests of thecreator. It is aimed to combine all these interests with the interests of other people.The law determines the procedure for using and receiving remuneration as a resultof intellectual property rights realization by the creator or their legal successors.The subject of intellectual property rights is a person who owns personal non-propertyand (or) exclusive property rights of intellectual property. The subjective aspectof intellectual property rights reflects the interests that the creator seeks tosatisfy by creating an object of intellectual property rights. There are three main interestsof the creator which they can satisfy by exercising intellectual propertyrights: recognition interest, financial reward interest and interest in their intellectualproperty rights protection. The object of intellectual property rights is a resultof intellectual and creative work of the subject who always owns personal intangibleintellectual property rights on the basis of natural law and legislation and this isproceeding from the very beginning of the process and as a result of creation of intellectualproperty rights object. It is worth mentioning that according to the lawthe personal intangible intellectual property rights remain in force without limit oftime and cannot be alienated (transferred) except it is expressed by law.


Author(s):  
Janos P. Radics ◽  
Levente Szeles

Additive manufacturing provides unprecedented design freedom from the product’s external appearance to the internal structure. Additively manufactured parts, objects can be designed with cellular lattice structures as infills. The application of lattice structures can reduce the required amount of material and desired properties can be assigned to certain objects. There are several different lattice structures each with its own unique, exclusive property or properties. In this study a wide spectrum of so called ‘auxetic’ and standard lattice structures will be compared using finite element method and compression laboratory tests. The considered auxetic and non-auxetic cellular structures are based on the result of other researches. Along with the aforementioned existing lattices several new structures were proposed. Nine distinct additively manufactured specimens were compared.


Author(s):  
Alona Tkachuk

The legal regulation of the license agreement is considered. Its contractual construction is investigated. The norms of the Civil Code of Ukraine and other normative legal acts on determining the essential terms of the license agreement are analyzed and it is clarified, which conditions must be agreed by the parties in order for the license agreement to be considered concluded. The scientific analysis of the legal nature of the license agreement in the system of civil law agreements is carried out. The objective essential conditions and features of concluding a license agreement are revealed. The subject and terms of the contract are considered. The rights and responsibilities of the licensor and the licensee are analyzed. The advantages of each party of the contract are determined. The civil law aspects of regulation of contractual license relations are investigated. The legal nature of the license is determined. The classification of license agreements has been carried out. The analysis of the current legislation in the field of granting property rights to the results of intellectual activity is carried out. The essential conditions of the agreement on creation on the order and use of the object of intellectual property rights and the agreement on transfer of exclusive property rights of intellectual property are investigated. The relationship between the license and the license agreement has been clarified. Recommendations on the structure of license agreements and advice on their content and method of presentation are provided. Conclusions and proposals, aimed at improving civil legislation in the field of legal regulation of license agreements, are formulated. It is concluded, that the license agreement is a fair mechanism for obtaining remuneration for the creation or acquisition of intellectual property


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