Suchergebnisse

This article provides the first comprehensive analysis of when compulsory licensing of patents is permissible as a matter of international law under the Agreement of Trade-Related Aspects of Intellectual Property TRIPS).Thailand's recent compulsory licenses of patents on a variety of medications provide a convenient vehicle to analyze the limits of compulsory licensing under TRIPS. Thailand's actions are unique; most countries hesitate to issue compulsory licenses in the wake of legal uncertainties regarding TRIPS requirements as well as political pressure. This article capitalizes on the many issues involved in Thailand's licenses to provide an authoritative interpretation of the scope of compulsory licensing under TRIPS. This article has three goals. First, it diffuses current misconceptions by providing an accurate interpretation of TRIPS. Second, it explores key terms regarding compulsory licenses that require further analysis. Finally, it provides a new framework for understanding competing patent perspectives that presently infiltrate discussions and interpretations of the law. Understanding these competing perspectives is important not only to address current and future controversies concerning compulsory licenses, but also for confronting broader issues at the global and domestic intersection of patents and public health.

This article provides reflections on the scope of patentable subject matter, using the Supreme Court's recent consideration of Laboratory Corp. of America Holdings v. Metabolite Laboratories,Inc. as a springboard for discussion. A brief introduction to the case and the current standard of patentable subject matter are provided as a backdrop for discussion of the role of patentable subject matter in the overall scheme of patentability and patent enforcement. In addition, this article addresses potential repercussions of the case within the judicial and legislative arenas. This article concludes byoffering some broad-based issues for consideration, including both domestic and international implications.

STATES HAVE CHOSEN VARIOUS INTERNATIONAL FORA TO NEGOTIATE ON THE DISCIPLINING OF STATE AIDS THROUGH EXPORT CREDIT INSURANCE: THE GATT, EUROPEAN UNION (EU) AND THE OECD. ALTHOUGH ON A GLOBAL LEVEL THE VIOLATION OF THE STRICT GATT RULES ON EXPORT CREDIT INSURANCE COULD BE IGNORED, ON THE REGIONAL EU LEVEL, MARKET INTEGRATION AND COMPETITION AND COMMON COMMERCIAL POLICIES CREATED PRESSURES TO HARMONIZE NATIONAL CREDIT INSURANCE POLICIES. IN THE RESULTING REGIONAL NEGOTIATING PRECESS, INTERGOVERNMENTAL FACTORS HAVE PREVAILED OVER SUPRANATIONAL/TRANSNATIONAL FACTORS. NEITHER TRANSNATIONAL INTEREST GROUPS NOR THE EUROPEAN PARLIAMENT AND THE COMMISSION HAVE BEEN IMPORTANT ACTORS IN THIS PROCESS. THE REAL POLTIICLA ISSUE OF COMPETITION DISTORTION BETWEEN EXPORTERS OF DIFFERENT MEMBER STATES HAS BEEN TAKEN CARE OF BY THE MEMBER STATES IN A SPECIAL O-ORDINATION GROUP, SET UP BY THE COUNCIL. ALTHOUGH NATIONAL PREFERENCES WITH REGARD TO HARMONIZING OFFICIAL CREDIT INSURANCE POLICY HAVE CONVERGED AS A CONSEQUENCE OF RISING CUMULATIVE DEFICITS ON THESE INSURANCE SCHEMES IN ALL MEMBER STATES AND THE PRESSURE OF MARKET FACTORS SUCH AS INCREASING CROSS-BORDER COOPERATION, THE HARMONIZATION PROCESS APPEARS TO BE CONFINED TO TRANSPARENCY AND HARMONIZATION OF INSURANCE TECHNIQUES AND LIMITED CO-OPERATION AMONG PUBLIC INSURERS IN THE CASE OF CONSORTIUM EXPORTS.

Background  In this study, we tested the effects of three different coping strategies (i.e. problem‐focused, emotion‐focused and relationship‐focused coping) on both positive and negative caregiving perceptions.Materials and Methods  Two hundred and twelve Chinese mothers of children with intellectual disability from a major non‐governmental organization were recruited across various districts in Hong Kong. Chinese versions of the Daily Caregiving Stress Scale, Modified Family Support Scale, COPE Inventory, Relationship‐Focused Coping Scale, Caregiver Burden Inventory, and subscales of the Kansas Inventory of Parental Perceptions were completed.Results:  Findings of the hierarchical regression analyses indicated that whereas problem‐focused and emotion‐focused coping was differentially related to positive and negative perceptions, respectively, relationship‐focused coping was significantly related to both types of perceptions. Results of the relationship between positive and negative perceptions showed preliminary support for their orthogonality.Conclusions:  Relationship‐focused coping was found to be more suitable for understanding caregiver perceptions within collectivistic cultures. Implications for professional services were discussed.

AbstractIn modern day business, it is well recognized that in order for companies to continue to survive and grow, the quality of their goods and services is of prime importance.In contemporary management in the 90s, total quality management (TQM) is a proven approach for success. It is applicable to manufacturing, services and public sectors.This paper explores what is so special about TQM and develops an excellence model based on some proven approaches adopted by the Japanese in particular. It looks at the current thinking and development of TQM. It discusses the relationship between continuous improvement and TQM.