The international experience of damages valuation criteria application for measuring losses through intellectual property illegal exploitation

One of the main goals of intellectual property rights is to ensure financial protection of intellectual property rights of the rightsholder in case of violation. The article analyses the international experience of damages valuation criteria application for measuring losses through illegal exploitation of intellectual property (patents, trademarks, copyrights, etc.). The ability to make preliminary damage measuring due to the illegal use of intellectual property helps make better litigation choices. It is crucial to understand the basic approaches and damages valuation criteria in determining material loss. On the one hand, it helps the rightsholder make an informed and optimal decision to recover a reasonable amount of compensation in court. On the other hand, understanding the approach to determining damages affects the type and number of witnesses, facts, and experts involved in defending the case. Authors consider approaches and damage criteria for assessing the loss caused to rightsholders on the example of the European Union, the United States, and Colombia. It is shown that the same criteria are used in different countries for damages: lost benefit of the rightsholder; the profit of the offender; lump sum damage and/or hypothetical (“reasonable”) royalties; compensation established by law; coverage of other indirect losses. However, applying these criteria in different countries is different for the reimbursement of different types of intellectual property rights. The international experience analysis of damages valuation criteria application for measuring losses through intellectual property illegal exploitation allows to improve the normative-legal field in Ukraine and create a national methodology of damages measuring caused by illegal exploitation of the intellectual property.

The primo vascular system is the substance of meridians.

Background; The primo vascular system (PVS) is new circulatory system. However, the primo vascular system doesn’t achieve now on the valuation criteria on the substance of meridians, so that anyone can't prove that the primo vascular system is the substance of meridians. Objectives: The purpose of this study is to prove clinical-physiologically that the primo vascular system is the substance of acupuncture meridian.Methods: Meridian-like high thermal line (MLHTL) induced by the mineral pulse light stimulus on acupoints, and nephrotic syndrome treated simultaneously without any drug use, were researched and analyzed. Next, the inducing characteristic of meridian-like high thermal lines and, anatomic and electro-physiologic characteristic of PVS were researched and analyzed. Results: The KI, SP meridian-like high thermal line coinciding completely along the classic KI, SP meridian course, were induced by the mineral pulse light stimulus on SP6 acupoints, and simultaneously nephrotic syndrome in kidney, the internal target organ connected along KI meridian from the KI3, SP6 acupoints, was treated without any drug use. And the primo vascular system was basis tissue of MLHTL inducing. Conclusions: The primo vascular system was achieved completely to the valuation criteria on the substance of meridians. Thus, the primo vascular system is the substance of meridians.

A SAÚDE COMO BEM HUMANO BÁSICO EM FINNIS

RESUMO Objetivo: O estudo objetiva compreender a lei natural e direitos naturais, baseado na aproximação entre direito e moral. Assim, objetiva perquirir sobre a teoria jusnaturalista de John Mitchell Finnis, a fim de aproximar o direito positivo e o direito natural com a condição basilar para o alcance do florescimento da sociedade e do próprio indivíduo. Metodologia:Para atingir os fins esperados, a metodologia utilizada será documental, utilizando-se o método dedutivo, com caráter bibliográfico. Para tanto, utilizou-se a revisão bibliográfica, adotando-se como marco teórico John Finnis, especialmente por intermédio da obra “Lei Natural e Direitos Naturais”. Resultados: Com alicerce na teoria jusnaturalista de Finnis, o artigo aborda a pesquisa científica, na medida em que aproximou-se o direito positivo e o jusnaturalismo, bem como demonstra que a saúde é um bem jurídico fundamental. Assim, apresenta como resultado o pensamento de Finnis, ao revelar os critérios utilizados por ele para a construção de sua lista de bens, que reside na compreensão de que os valores listados são perceptíveis, óbvios, manifestos, inquestionáveis e não precisam de demonstração, pois são objetivos; a mera observação da vida em sociedade é capaz de os identificar. Seus bens são a própria razão de qualquer ação moral ou racionalmente moral, além de outros critérios valorativos de cunho universal que alcançam culturas, instituições, ações e requisitos morais, enfim, um plexo de bens que permitam à pessoa sua realização no contexto coletivo, sem, contudo, hierarquizá-los. Por fim, ao resgatar a teoria defendida por John Finnis, resgata-se, por conseguinte, a importância que a saúde merece, pois é um integrante do bem básico da vida. Contribuições: A contribuição central do presente trabalho cinge-se em defender, argumentativamente, a possibilidade de entender a saúde como bem básico autônomo em Finnis, pois os bens básicos para ele têm um caráter pré-moral, prépolítico e pré-jurídico, ou seja, ainda não se transformaram em obrigações e, acreditase, sem a proteção do bem saúde seria praticamente impossível a uma sociedade alcançar o seu florescimento, que é propósito externado pelo filósofo em sua obra. Palavras-chave: Saúde; John Finnis; jusnaturalismo; direito e moral. ABSTRACT Objective: The study aims to understand natural law and natural rights, based on the approximation between law and morality. It aims to investigate John Mitchell Finnis' s jusnaturalist theory in order to bring positive law and natural law closer to the basic condition for achieving the flourishing of society and the individual himself. Methodology: To achieve the expected purpose the methodology used will be documentary, using the deductive method with bibliographic character. The bibliographic review was used adopting John Finnis as a theoretical framework, especially through the work “Natural Law and Natural Rights”. Results:Based on Finnis' s jusnaturalist theory, the article addresses scientific research as positive law and jusnaturalism approached, as well as demonstrating that health is a fundamental legal good. It presents Finnis's thinking as a result by revealing the criteria used by him for the construction of his list of goods, which lies in the understanding that the values listed are perceptible, obvious, manifest, unquestionable and do not need demonstration, as they are objective; the mere observation of life in society is capable of identifying them. Their assets are the very reason for any moral or rationally moral action, in addition to other universal valuation criteria that reach cultures, institutions, actions and moral requirements, in short, a plexus of assets that allow the person to perform it in the collective context, without , however, to rank them. Finally, when rescuing the theory defended by John Finnis, it is therefore rescued the importance that health deserves, as it is an integral part of the basic good of life. Contributions: The central contribution of this paper is to defend, arguably, the possibility of understanding health as a basic autonomous asset in Finnis, since the basic goods for him have a pre-moral, pre-political and pre-legal character, that is, they have not yet become obligations and, it is believed, without the protection of good health it would be practically impossible for a society to achieve its flourishing, which is a purpose expressed by the philosopher in his work. Keywords: Health; John Finnis; jusnaturalism; right and moral.

In Search of Overtourism Indicators in Urban Centres

Urban tourism is in constant growth. The increase in the number of tourists has a special impact on historic centres. Some problems related to overcrowding arise in these spaces, which represent important challenges for urban management. This chapter reflects on the need to define overtourism indicators that allow dimensioning the phenomenon and its impacts. But it also involves a deep reflection on the limits of application of these indicators. These limits derive from the absence of reference values and the operational difficulties to obtain data. First of all, the state of the art regarding the indicators is made. Secondly, based on a review of the existing bibliography, the next section raises some indicators of activity and tourism specialization. The focus is on European cities and the application of these indicators is shown in the historic centre of Madrid. Another section also looks at the perception of the phenomenon by different local stakeholders due to the absence of commonly accepted overtourism values, referring to these perceptions as valuation criteria.

Explanation of valuation criteria based on maturity level of Knowledge management

In This study explains valuation criteria Based on the maturity level of knowledge management in executive agencies Khuzestan province in order to provide a local model is studied. In this study, two questionnaires of valuation criteria (51questions, Cronbach’s α=0.94), and maturity level of knowledge management (98 questions, Cronbach’s α=0.93) have been used. The statistical population involves people from administrative staff of Khuzestan province, which 382 individuals were selected as the statistical sample by using Cochran’s formula Spss 22 and Amos 22 software were used to analyze the data. The study results shoed that valuation criteria involved 17 variables, among which the technical index variable enjoyed the highest ranking mean (11.99), and the maintainability variable benefited from the lowest ranking mean (79.6) among the other variables in the statistical population of the research. In maturity level of knowledge management included 13 variables, which, generally it can said that this variable enjoyed the benefit of being more than satisfactory level. Also, the results showed that there was a significant relationship between the valuation criteria, and the maturity level of knowledge management.

Explanation of valuation criteria based on maturity level of Knowledge management

In This study explains valuation criteria Based on the maturity level of knowledge management in executive agencies Khuzestan province in order to provide a local model is studied. In this study, two questionnaires of valuation criteria (51questions, Cronbach’s α=0.94), and maturity level of knowledge management (98 questions, Cronbach’s α=0.93) have been used. The statistical population involves people from administrative staff of Khuzestan province, which 382 individuals were selected as the statistical sample by using Cochran’s formula Spss 22 and Amos 22 software were used to analyze the data. The study results shoed that valuation criteria involved 17 variables, among which the technical index variable enjoyed the highest ranking mean (11.99), and the maintainability variable benefited from the lowest ranking mean (79.6) among the other variables in the statistical population of the research. In maturity level of knowledge management included 13 variables, which, generally it can said that this variable enjoyed the benefit of being more than satisfactory level. Also, the results showed that there was a significant relationship between the valuation criteria, and the maturity level of knowledge management.

Bayesian Estimation of Random Parameter Models of Responses with Normal and Skew-t Distibutions Evidence from Monte Carlo Simulation

Random parameter models have been found to outperform xed pa-rameter models to estimate dose-response relationships with independent errors. Amajor restriction, however, is that the responses are assumed to be normally andsymmetrically distributed. The purpose of this paper is to analyze Bayesian infer-ence of random parameter response models in the case of independent responseswith normal and skewed, heavy-tailed distributions by way of Monte Carlo simu-lation. Three types of Bayesian estimators are considered: one applying a normal,symmetrical prior distribution, a second applying a Skew-normal prior and, a thirdapplying a Skew-t-distribution. We use the relative bias (RelBias) and Root MeanSquared Error (RMSE) as valuation criteria. We consider the commonly applied lin-ear Quadratic and the nonlinear Spillman-Mitscherlich dose-response models. Onesimulation examines the performance of the estimators in the case of independent,normally and symmetrically distributed responses; the other in the case of indepen-dent responses following a heavy-tailed, Skew-t-distribution. The main nding isthat the estimator based on the Skew-t prior outperforms the alternative estima-tors applying the normal and Skew-normal prior for skewed, heavy-tailed data. Fornormal data, the Skew-t prior performs approximately equally well as the Skew-normal and the normal prior. Furthermore, it is more ecient than its alternatives.Overall, the Skew-t prior seems to be preferable to the normal and Skew-normal fordose-response modeling.