Suchergebnisse

Individual Character Assessment in Design Law The aim of this master's thesis is to reveal the challenges of assessing design's individual character in practice. The requirement of individual character in today's design law is understood as the requirement for a design to be distinguishable at a certain level so that from an informed user's perspective the overall impression that the design creates would be different from the prior art. The first part of this work summarizes on disclosing the conceptual notions of design law that are relevant to this topic as well as the existing legal regulation of design law. The main focus of this part is to reveal the basic aspects of the two main requirements for design's legal protection – novelty and the individual character. The second part of this work is devoted to answering the main question of this study – how are the individual character of a design assessed in practice. Whereas the practice of the national courts of the Republic of Lithuania on this topic is poor, assessment of the design's individual character is analyzed according to the case law of the judicial authorities of the European Union. Some aspects are as well discussed according to the case law of the United Kingdom. The problematic aspects of the assessment of design's individual character are revealed from the perspective of the overall impression possessed on the informed user, issues that can arise while evaluating the freedom of the designer and also according to nature of the product. Attention is as well drawn on a new and not yet studied aspect in the doctrine – the problem of protecting a new generation of a design, with respect to two relevant judgements of the General Court of the European Union that gave different answers to this question. The last part of this study is for considering the relation between copyright law and design law. The basic differences of each of these intellectual property rights are discussed, as well as the principle of double protection opportunity. Also the requirement of originality for a work of art in the copyright law is compared with the requirement of the design's individual character. In addition, the newest approach of the European Court of Justice, considering the level of originality for a design to qualify for copyright protection, is presented and evaluated.

Individual Character Assessment in Design Law The aim of this master's thesis is to reveal the challenges of assessing design's individual character in practice. The requirement of individual character in today's design law is understood as the requirement for a design to be distinguishable at a certain level so that from an informed user's perspective the overall impression that the design creates would be different from the prior art. The first part of this work summarizes on disclosing the conceptual notions of design law that are relevant to this topic as well as the existing legal regulation of design law. The main focus of this part is to reveal the basic aspects of the two main requirements for design's legal protection – novelty and the individual character. The second part of this work is devoted to answering the main question of this study – how are the individual character of a design assessed in practice. Whereas the practice of the national courts of the Republic of Lithuania on this topic is poor, assessment of the design's individual character is analyzed according to the case law of the judicial authorities of the European Union. Some aspects are as well discussed according to the case law of the United Kingdom. The problematic aspects of the assessment of design's individual character are revealed from the perspective of the overall impression possessed on the informed user, issues that can arise while evaluating the freedom of the designer and also according to nature of the product. Attention is as well drawn on a new and not yet studied aspect in the doctrine – the problem of protecting a new generation of a design, with respect to two relevant judgements of the General Court of the European Union that gave different answers to this question. The last part of this study is for considering the relation between copyright law and design law. The basic differences of each of these intellectual property rights are discussed, as well as the principle of double protection opportunity. Also the requirement of originality for a work of art in the copyright law is compared with the requirement of the design's individual character. In addition, the newest approach of the European Court of Justice, considering the level of originality for a design to qualify for copyright protection, is presented and evaluated.

Individual Character Assessment in Design Law The aim of this master's thesis is to reveal the challenges of assessing design's individual character in practice. The requirement of individual character in today's design law is understood as the requirement for a design to be distinguishable at a certain level so that from an informed user's perspective the overall impression that the design creates would be different from the prior art. The first part of this work summarizes on disclosing the conceptual notions of design law that are relevant to this topic as well as the existing legal regulation of design law. The main focus of this part is to reveal the basic aspects of the two main requirements for design's legal protection – novelty and the individual character. The second part of this work is devoted to answering the main question of this study – how are the individual character of a design assessed in practice. Whereas the practice of the national courts of the Republic of Lithuania on this topic is poor, assessment of the design's individual character is analyzed according to the case law of the judicial authorities of the European Union. Some aspects are as well discussed according to the case law of the United Kingdom. The problematic aspects of the assessment of design's individual character are revealed from the perspective of the overall impression possessed on the informed user, issues that can arise while evaluating the freedom of the designer and also according to nature of the product. Attention is as well drawn on a new and not yet studied aspect in the doctrine – the problem of protecting a new generation of a design, with respect to two relevant judgements of the General Court of the European Union that gave different answers to this question. The last part of this study is for considering the relation between copyright law and design law. The basic differences of each of these intellectual property rights are discussed, as well as the principle of double protection opportunity. Also the requirement of originality for a work of art in the copyright law is compared with the requirement of the design's individual character. In addition, the newest approach of the European Court of Justice, considering the level of originality for a design to qualify for copyright protection, is presented and evaluated.

Individual Character Assessment in Design Law The aim of this master's thesis is to reveal the challenges of assessing design's individual character in practice. The requirement of individual character in today's design law is understood as the requirement for a design to be distinguishable at a certain level so that from an informed user's perspective the overall impression that the design creates would be different from the prior art. The first part of this work summarizes on disclosing the conceptual notions of design law that are relevant to this topic as well as the existing legal regulation of design law. The main focus of this part is to reveal the basic aspects of the two main requirements for design's legal protection – novelty and the individual character. The second part of this work is devoted to answering the main question of this study – how are the individual character of a design assessed in practice. Whereas the practice of the national courts of the Republic of Lithuania on this topic is poor, assessment of the design's individual character is analyzed according to the case law of the judicial authorities of the European Union. Some aspects are as well discussed according to the case law of the United Kingdom. The problematic aspects of the assessment of design's individual character are revealed from the perspective of the overall impression possessed on the informed user, issues that can arise while evaluating the freedom of the designer and also according to nature of the product. Attention is as well drawn on a new and not yet studied aspect in the doctrine – the problem of protecting a new generation of a design, with respect to two relevant judgements of the General Court of the European Union that gave different answers to this question. The last part of this study is for considering the relation between copyright law and design law. The basic differences of each of these intellectual property rights are discussed, as well as the principle of double protection opportunity. Also the requirement of originality for a work of art in the copyright law is compared with the requirement of the design's individual character. In addition, the newest approach of the European Court of Justice, considering the level of originality for a design to qualify for copyright protection, is presented and evaluated.

The authors have examined the large variation in adolescent fertility rates between and within countries to better understand the regional and individual factors underlying early childbearing. Using low spatial level data from the Lithuanian Census, they found that there is a high degree of regional differentiation within Lithuania, with differences of up to 20-fold between rates in different regions. Therefore, they investigated whether the regional differentiation in adolescent fertility rates is determined by different regional contexts or by the individual characteristics of teenage mothers. Surprisingly, the results of their regression models showed that the regional context did not have a large effect on adolescent fertility – the large differences between regions appeared due to the unequal spatial distribution of socio-economically disadvantaged teenagers. Their results also showed that women who had their first child during adolescence were statistically significantly different from those who postponed motherhood: those who gave birth during adolescence were more likely to belong to ethnic minorities (1.4 times more likely), receive government benefits (10 times), live in large households (10 times), and reside in rural areas (1.4 times). They were also more likely to terminate their education early, acquiring only a primary (7 times more likely) or lower-secondary (8 times) education. The study's findings suggest that public strategies and policies should address individual factors to reduce adolescent fertility rates and regional disparities. Teenage mothers should be supported to return to the education system as early as possible, thus preventing a further widening of the gap between their socioeconomic status and that of their childless peers.

The authors have examined the large variation in adolescent fertility rates between and within countries to better understand the regional and individual factors underlying early childbearing. Using low spatial level data from the Lithuanian Census, they found that there is a high degree of regional differentiation within Lithuania, with differences of up to 20-fold between rates in different regions. Therefore, they investigated whether the regional differentiation in adolescent fertility rates is determined by different regional contexts or by the individual characteristics of teenage mothers. Surprisingly, the results of their regression models showed that the regional context did not have a large effect on adolescent fertility – the large differences between regions appeared due to the unequal spatial distribution of socio-economically disadvantaged teenagers. Their results also showed that women who had their first child during adolescence were statistically significantly different from those who postponed motherhood: those who gave birth during adolescence were more likely to belong to ethnic minorities (1.4 times more likely), receive government benefits (10 times), live in large households (10 times), and reside in rural areas (1.4 times). They were also more likely to terminate their education early, acquiring only a primary (7 times more likely) or lower-secondary (8 times) education. The study's findings suggest that public strategies and policies should address individual factors to reduce adolescent fertility rates and regional disparities. Teenage mothers should be supported to return to the education system as early as possible, thus preventing a further widening of the gap between their socioeconomic status and that of their childless peers.

The authors have examined the large variation in adolescent fertility rates between and within countries to better understand the regional and individual factors underlying early childbearing. Using low spatial level data from the Lithuanian Census, they found that there is a high degree of regional differentiation within Lithuania, with differences of up to 20-fold between rates in different regions. Therefore, they investigated whether the regional differentiation in adolescent fertility rates is determined by different regional contexts or by the individual characteristics of teenage mothers. Surprisingly, the results of their regression models showed that the regional context did not have a large effect on adolescent fertility – the large differences between regions appeared due to the unequal spatial distribution of socio-economically disadvantaged teenagers. Their results also showed that women who had their first child during adolescence were statistically significantly different from those who postponed motherhood: those who gave birth during adolescence were more likely to belong to ethnic minorities (1.4 times more likely), receive government benefits (10 times), live in large households (10 times), and reside in rural areas (1.4 times). They were also more likely to terminate their education early, acquiring only a primary (7 times more likely) or lower-secondary (8 times) education. The study's findings suggest that public strategies and policies should address individual factors to reduce adolescent fertility rates and regional disparities. Teenage mothers should be supported to return to the education system as early as possible, thus preventing a further widening of the gap between their socioeconomic status and that of their childless peers.

The authors have examined the large variation in adolescent fertility rates between and within countries to better understand the regional and individual factors underlying early childbearing. Using low spatial level data from the Lithuanian Census, they found that there is a high degree of regional differentiation within Lithuania, with differences of up to 20-fold between rates in different regions. Therefore, they investigated whether the regional differentiation in adolescent fertility rates is determined by different regional contexts or by the individual characteristics of teenage mothers. Surprisingly, the results of their regression models showed that the regional context did not have a large effect on adolescent fertility – the large differences between regions appeared due to the unequal spatial distribution of socio-economically disadvantaged teenagers. Their results also showed that women who had their first child during adolescence were statistically significantly different from those who postponed motherhood: those who gave birth during adolescence were more likely to belong to ethnic minorities (1.4 times more likely), receive government benefits (10 times), live in large households (10 times), and reside in rural areas (1.4 times). They were also more likely to terminate their education early, acquiring only a primary (7 times more likely) or lower-secondary (8 times) education. The study's findings suggest that public strategies and policies should address individual factors to reduce adolescent fertility rates and regional disparities. Teenage mothers should be supported to return to the education system as early as possible, thus preventing a further widening of the gap between their socioeconomic status and that of their childless peers.

This work subscribes how right to individual petition is implemented in two main and most effective international organizations – United Nations and Council of Europe – and their international institutions which may consider individual petitions: the Human Rights Committee established according to 1966 International Covenant on Civil and Political Rights, the Committee on the Elimination of Racial Discrimination established according to 1965 Convention on the Elimination of All Forms of Racial Discrimination, the Committee Against Torture established according to 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and European Court of Human Rights established according to 1950 Convention for the Protection of Human Rights and Fundamental Freedoms. Right to individual petition was first acclaimed by Council of Europe in 1950 Convention for the Protection of Human Rights and Fundamental Freedoms. European Court of Human Rights is one of the main and most effective institution considering individual petitions. Its case-law is really important and deserves much attention in this work too. Requirements for the individual petitions according to the above mentioned conventions are broadly explained in this work. It is possible to say that requirements for the individual petitions to UN treaty bodies and to the European Court of Human Rights are similar or almost the same, only a few differences can be named: ratione temporis requirement (individual petition to UN Committee on the Elimination of Racial Discrimination and European Court of Human Rights can be submitted within the period of six months from the date on which the final decision was taken), possible claimant (to all UN treaty bodies individual petitions may be submitted by any person or group of individuals only the European Court of Human Rights also accepts petitions from non-governmental organizations) and requirement that the same individual petition is at the same time submitted to another procedure of international investigation or is already solved by it (only individual petitions to UN Committee on the Elimination of Racial Discrimination do not have to fulfill this requirement). The system of individual petitions is compared with the system of collective complaints established within the framework of the Council of Europe by 1995 Additional Protocol to the European Social Charter Providing for a System of Collective Complaints. It gives opportunity to name peculiarities of each system. Complaints to EC European Committee of Social Rights may bring up a question in general that general situation in a state-party does not comply in law or practice with European Social Charter of 1961 or the European Social Charter (revised) of 1996. This leads to that "victim" and exhaustion of interim measures requirements cannot be applied to collective complaints though these requirements are to be considered one of the main applied to individual petitions. Analysis of these two systems only emphasize that system of individual petitions seeks to implement justice in each single case and afford just satisfaction to the injured party. In the case of collective complaints individual remedies are not applied.

This work subscribes how right to individual petition is implemented in two main and most effective international organizations – United Nations and Council of Europe – and their international institutions which may consider individual petitions: the Human Rights Committee established according to 1966 International Covenant on Civil and Political Rights, the Committee on the Elimination of Racial Discrimination established according to 1965 Convention on the Elimination of All Forms of Racial Discrimination, the Committee Against Torture established according to 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and European Court of Human Rights established according to 1950 Convention for the Protection of Human Rights and Fundamental Freedoms. Right to individual petition was first acclaimed by Council of Europe in 1950 Convention for the Protection of Human Rights and Fundamental Freedoms. European Court of Human Rights is one of the main and most effective institution considering individual petitions. Its case-law is really important and deserves much attention in this work too. Requirements for the individual petitions according to the above mentioned conventions are broadly explained in this work. It is possible to say that requirements for the individual petitions to UN treaty bodies and to the European Court of Human Rights are similar or almost the same, only a few differences can be named: ratione temporis requirement (individual petition to UN Committee on the Elimination of Racial Discrimination and European Court of Human Rights can be submitted within the period of six months from the date on which the final decision was taken), possible claimant (to all UN treaty bodies individual petitions may be submitted by any person or group of individuals only the European Court of Human Rights also accepts petitions from non-governmental organizations) and requirement that the same individual petition is at the same time submitted to another procedure of international investigation or is already solved by it (only individual petitions to UN Committee on the Elimination of Racial Discrimination do not have to fulfill this requirement). The system of individual petitions is compared with the system of collective complaints established within the framework of the Council of Europe by 1995 Additional Protocol to the European Social Charter Providing for a System of Collective Complaints. It gives opportunity to name peculiarities of each system. Complaints to EC European Committee of Social Rights may bring up a question in general that general situation in a state-party does not comply in law or practice with European Social Charter of 1961 or the European Social Charter (revised) of 1996. This leads to that "victim" and exhaustion of interim measures requirements cannot be applied to collective complaints though these requirements are to be considered one of the main applied to individual petitions. Analysis of these two systems only emphasize that system of individual petitions seeks to implement justice in each single case and afford just satisfaction to the injured party. In the case of collective complaints individual remedies are not applied.

The paper investigates whether generalized trust in government varies among ethnic groups in a society. Theories on trust predominantly explain such institutional trust by the capabilities and intentions of the trusted actors, and research into trust is mainly done at the individual level measuring whether individual characteristics of the trustee and trusted one has explanatory power. Meanwhile, this paper analyzes the institutional trust at the macro (country) level. Based on a comparative study among 27 countries, this paper argues that there are significant differences between ethnic groups regarding their trust in the country's government and that significant effects are visible with the country's income inequality and one of Hofstede's dimensions of national culture, namely 'power distance'. This is an important finding as it calls for multi-level analyses when explaining institutional trust. Trust is not only dependent on the individual characteristics of the trusted one and the trustee but also on macro-level variables.

The paper investigates whether generalized trust in government varies among ethnic groups in a society. Theories on trust predominantly explain such institutional trust by the capabilities and intentions of the trusted actors, and research into trust is mainly done at the individual level measuring whether individual characteristics of the trustee and trusted one has explanatory power. Meanwhile, this paper analyzes the institutional trust at the macro (country) level. Based on a comparative study among 27 countries, this paper argues that there are significant differences between ethnic groups regarding their trust in the country's government and that significant effects are visible with the country's income inequality and one of Hofstede's dimensions of national culture, namely 'power distance'. This is an important finding as it calls for multi-level analyses when explaining institutional trust. Trust is not only dependent on the individual characteristics of the trusted one and the trustee but also on macro-level variables.

The paper investigates whether generalized trust in government varies among ethnic groups in a society. Theories on trust predominantly explain such institutional trust by the capabilities and intentions of the trusted actors, and research into trust is mainly done at the individual level measuring whether individual characteristics of the trustee and trusted one has explanatory power. Meanwhile, this paper analyzes the institutional trust at the macro (country) level. Based on a comparative study among 27 countries, this paper argues that there are significant differences between ethnic groups regarding their trust in the country's government and that significant effects are visible with the country's income inequality and one of Hofstede's dimensions of national culture, namely 'power distance'. This is an important finding as it calls for multi-level analyses when explaining institutional trust. Trust is not only dependent on the individual characteristics of the trusted one and the trustee but also on macro-level variables.