Suchergebnisse

The article discusses the intellectual environments that took shape in the Lithuanian emigration and the presuppositions and methodological approaches that their investigation requires. Primary attention is paid to Birutė Ciplijauskaitė, a Lithuanian émigré scholar specializing in Spanish culture. Her academic and scholarly environments were closely related to the Spanish diaspora spawned by the civil war in Spain. There are several dimensions of interaction in play here: the largest field of influence by the Lithuanian and Spanish diaspora is common to both – the American academic circles; common issues regarding the formation of an identity in exile by the Lithuanian and Spanish diasporas; the emergence of a tendency to split between separatists versus groups (who did what in this framework, and how did this enrich the common creative and scholarly context; the essentialism (looking for the essence) characteristic of both Lithuanians and Spaniards, the inner conflict with the politics of dehumanization carried out by the United States of America and the attitudes of the Lithuanian and Spasnish diasporas toward this politics; the directions of intellectual activity formed in the Lithuanian and Spanish diaspora, one of these being translation as a way of participating in the culture of one's native land even in physical absence from it. This paper concentrates on aspects occurring within the first two dimensions. After a brief survey of academic environments in the United States after World War Two and Lithuanian and Spanish émigré interactions in these environments, detailed attention is directed to the émigré contexts of Ciplijauskaitė's contributions to Spanish and Lithuanian studies.

The article discusses the intellectual environments that took shape in the Lithuanian emigration and the presuppositions and methodological approaches that their investigation requires. Primary attention is paid to Birutė Ciplijauskaitė, a Lithuanian émigré scholar specializing in Spanish culture. Her academic and scholarly environments were closely related to the Spanish diaspora spawned by the civil war in Spain. There are several dimensions of interaction in play here: the largest field of influence by the Lithuanian and Spanish diaspora is common to both – the American academic circles; common issues regarding the formation of an identity in exile by the Lithuanian and Spanish diasporas; the emergence of a tendency to split between separatists versus groups (who did what in this framework, and how did this enrich the common creative and scholarly context; the essentialism (looking for the essence) characteristic of both Lithuanians and Spaniards, the inner conflict with the politics of dehumanization carried out by the United States of America and the attitudes of the Lithuanian and Spasnish diasporas toward this politics; the directions of intellectual activity formed in the Lithuanian and Spanish diaspora, one of these being translation as a way of participating in the culture of one's native land even in physical absence from it. This paper concentrates on aspects occurring within the first two dimensions. After a brief survey of academic environments in the United States after World War Two and Lithuanian and Spanish émigré interactions in these environments, detailed attention is directed to the émigré contexts of Ciplijauskaitė's contributions to Spanish and Lithuanian studies.

The object of this master thesis is the substantive and procedural aspects of application of temporary injunction and provisional measures for preserving evidence, as well as problems of the practical or practical-theoretical nature of application of temporary injunction and provisional measures for preserving evidence the intellectual property litigation after the Directive 2004/48/EC of the European Parliament and Council of 29 April 2004 on the enforcement of intellectual property rights implementation in Lithuania. In the first part on the basis of historic and teleological methods the meaning and the objective of temporary injunction and provisional measures for preserving evidence are clarified, the specific features of intellectual property rights are analyzed, the importance of temporary injunction and provisional measures for preserving evidence in intellectual property litigation is underscored. In the second part on the basis of historic method the development of regulatory of temporary injunction and provisional measures for preserving evidence in the international level as well as in the European Union are analyzed in order the proportion of provisions concerning temporary injunction and provisional measures for preserving evidence of the World trade agreement on trade-related aspects on intellectual property rights and Directive 2004/48/EC of the European Parliament and Council of 29 April 2004 on the enforcement of intellectual property rights to be explained. The master thesis in the third part on the basis of teleological, systematic and logical methods analyzes substantive and procedural aspects of the application of temporary injunction and provisional measures for preserving evidence the intellectual property litigation, problems of the practical or practical-theoretical nature of application of temporary injunction and provisional measures for preserving evidence the intellectual property litigation are detected and the solutions are offered.

The object of this master thesis is the substantive and procedural aspects of application of temporary injunction and provisional measures for preserving evidence, as well as problems of the practical or practical-theoretical nature of application of temporary injunction and provisional measures for preserving evidence the intellectual property litigation after the Directive 2004/48/EC of the European Parliament and Council of 29 April 2004 on the enforcement of intellectual property rights implementation in Lithuania. In the first part on the basis of historic and teleological methods the meaning and the objective of temporary injunction and provisional measures for preserving evidence are clarified, the specific features of intellectual property rights are analyzed, the importance of temporary injunction and provisional measures for preserving evidence in intellectual property litigation is underscored. In the second part on the basis of historic method the development of regulatory of temporary injunction and provisional measures for preserving evidence in the international level as well as in the European Union are analyzed in order the proportion of provisions concerning temporary injunction and provisional measures for preserving evidence of the World trade agreement on trade-related aspects on intellectual property rights and Directive 2004/48/EC of the European Parliament and Council of 29 April 2004 on the enforcement of intellectual property rights to be explained. The master thesis in the third part on the basis of teleological, systematic and logical methods analyzes substantive and procedural aspects of the application of temporary injunction and provisional measures for preserving evidence the intellectual property litigation, problems of the practical or practical-theoretical nature of application of temporary injunction and provisional measures for preserving evidence the intellectual property litigation are detected and the solutions are offered.

The object of this master thesis is the substantive and procedural aspects of application of temporary injunction and provisional measures for preserving evidence, as well as problems of the practical or practical-theoretical nature of application of temporary injunction and provisional measures for preserving evidence the intellectual property litigation after the Directive 2004/48/EC of the European Parliament and Council of 29 April 2004 on the enforcement of intellectual property rights implementation in Lithuania. In the first part on the basis of historic and teleological methods the meaning and the objective of temporary injunction and provisional measures for preserving evidence are clarified, the specific features of intellectual property rights are analyzed, the importance of temporary injunction and provisional measures for preserving evidence in intellectual property litigation is underscored. In the second part on the basis of historic method the development of regulatory of temporary injunction and provisional measures for preserving evidence in the international level as well as in the European Union are analyzed in order the proportion of provisions concerning temporary injunction and provisional measures for preserving evidence of the World trade agreement on trade-related aspects on intellectual property rights and Directive 2004/48/EC of the European Parliament and Council of 29 April 2004 on the enforcement of intellectual property rights to be explained. The master thesis in the third part on the basis of teleological, systematic and logical methods analyzes substantive and procedural aspects of the application of temporary injunction and provisional measures for preserving evidence the intellectual property litigation, problems of the practical or practical-theoretical nature of application of temporary injunction and provisional measures for preserving evidence the intellectual property litigation are detected and the solutions are offered.

The object of this master thesis is the substantive and procedural aspects of application of temporary injunction and provisional measures for preserving evidence, as well as problems of the practical or practical-theoretical nature of application of temporary injunction and provisional measures for preserving evidence the intellectual property litigation after the Directive 2004/48/EC of the European Parliament and Council of 29 April 2004 on the enforcement of intellectual property rights implementation in Lithuania. In the first part on the basis of historic and teleological methods the meaning and the objective of temporary injunction and provisional measures for preserving evidence are clarified, the specific features of intellectual property rights are analyzed, the importance of temporary injunction and provisional measures for preserving evidence in intellectual property litigation is underscored. In the second part on the basis of historic method the development of regulatory of temporary injunction and provisional measures for preserving evidence in the international level as well as in the European Union are analyzed in order the proportion of provisions concerning temporary injunction and provisional measures for preserving evidence of the World trade agreement on trade-related aspects on intellectual property rights and Directive 2004/48/EC of the European Parliament and Council of 29 April 2004 on the enforcement of intellectual property rights to be explained. The master thesis in the third part on the basis of teleological, systematic and logical methods analyzes substantive and procedural aspects of the application of temporary injunction and provisional measures for preserving evidence the intellectual property litigation, problems of the practical or practical-theoretical nature of application of temporary injunction and provisional measures for preserving evidence the intellectual property litigation are detected and the solutions are offered.

Adjusting cooperative movement and actively participating in it, Catholics destroyed the myth of local Bolsheviks that the Catholic Church does not take care of workpeople. On Catholics initiative cooperatives, consumer and credit units were created and despite all difficulties and failures it helped to protect the interest of consumers, for farmers to get rid of foreign economic dependence and to look for new farming forms. Cooperatives developed curiosity, diligence, economical thinking, and made assumptions for political democracy. Reasonably one may state that they were the medium where a Lithuanian person was raised as an independent economical subject that was ready to work and to be responsible for his/her actions: he/she developed a new attitude towards property and work ethic, so it is small wonder that when Lithuania gained its independence and despite all dramatic consequences of World War I, during a relatively short time it was able to restore and develop its economy during interwar.

Adjusting cooperative movement and actively participating in it, Catholics destroyed the myth of local Bolsheviks that the Catholic Church does not take care of workpeople. On Catholics initiative cooperatives, consumer and credit units were created and despite all difficulties and failures it helped to protect the interest of consumers, for farmers to get rid of foreign economic dependence and to look for new farming forms. Cooperatives developed curiosity, diligence, economical thinking, and made assumptions for political democracy. Reasonably one may state that they were the medium where a Lithuanian person was raised as an independent economical subject that was ready to work and to be responsible for his/her actions: he/she developed a new attitude towards property and work ethic, so it is small wonder that when Lithuania gained its independence and despite all dramatic consequences of World War I, during a relatively short time it was able to restore and develop its economy during interwar.

The subject matter of the scientific studies comprises a study of key issues of the protection of copyright as well as enforcement of other intellectual property rights. The basic methods of study used in the works are comparative, historical and teleological. The model of legal regulation of the protection of intellectual property rights chosen is the one existing in the states of droit d' auteur and copyright systems, and based on this model the key issues of copyright protection are analysed by way of comparing and assessing the aspects provided for in the Lithuanian legislation. Lithuania follows the droit d' auteur system. In general, the Lithuanian copyright law does not reflect any unique tradition. The development of intellectual property rights protection in Lithuania essentially coincided with the accession to international and regional organisations and to international agreements. When Lithuania decisively implemented one of its foreign policy aims — to become a member of the European Union — the approximation of its national law to the European Union legislation commenced in the field of intellectual property law as well as in the whole legal system. The scientific monograph and the few scientific articles analyse the main aspects of the protection of copyright: main principles of copyright, legal sources, subject matter of the protections, the author or other copyright owner, contents of protection (economic rights and moral rights), limitations and exceptions, tendencies, problems and perspectives of the development of copyright. The few scientific articles deal with the analysis of the implementation of the Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. Legal remedies applied by the court when passing the decision on the merits can in principle be grouped into preventive (including also corrective) measures and compensatory remedies. The first group covers: (1) injunctions, (2) corrective measures, (3) alternative measures, (4) publication of judicial decisions, whereas the second group covers all possible ways of compensating for damages or, otherwise stated, damages. The laws also provide for the right of access to information, which as a copyright protection measure is applied in the course of judicial proceedings and facilitates the application of other measures and remedies. The legislative provisions pertaining to requirements for collecting evidence and provisional measures are also to be attributed to the rules of a procedural nature. Paragraph 1(2)(b) of Article 13 of the Directive provides that the amount of damages can be set as a lump sum on the basis of elements such as at least the amount of royalties or fees that would have been due if the infringer had requested authorisation to use the intellectual property right in question. This provision has been implemented in Lithuanian legal acts, where it is envisaged that instead of requesting compensation for actual damages, right holders may claim royalties or fees which would have been due if the infringer had requested authorisation to use the works or other objects (i.e., had obtained a licence), and if the infringer acted intentionally or with gross negligence, in the amount of up to double such royalties and fees.

The subject matter of the scientific studies comprises a study of key issues of the protection of copyright as well as enforcement of other intellectual property rights. The basic methods of study used in the works are comparative, historical and teleological. The model of legal regulation of the protection of intellectual property rights chosen is the one existing in the states of droit d' auteur and copyright systems, and based on this model the key issues of copyright protection are analysed by way of comparing and assessing the aspects provided for in the Lithuanian legislation. Lithuania follows the droit d' auteur system. In general, the Lithuanian copyright law does not reflect any unique tradition. The development of intellectual property rights protection in Lithuania essentially coincided with the accession to international and regional organisations and to international agreements. When Lithuania decisively implemented one of its foreign policy aims — to become a member of the European Union — the approximation of its national law to the European Union legislation commenced in the field of intellectual property law as well as in the whole legal system. The scientific monograph and the few scientific articles analyse the main aspects of the protection of copyright: main principles of copyright, legal sources, subject matter of the protections, the author or other copyright owner, contents of protection (economic rights and moral rights), limitations and exceptions, tendencies, problems and perspectives of the development of copyright. The few scientific articles deal with the analysis of the implementation of the Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. Legal remedies applied by the court when passing the decision on the merits can in principle be grouped into preventive (including also corrective) measures and compensatory remedies. The first group covers: (1) injunctions, (2) corrective measures, (3) alternative measures, (4) publication of judicial decisions, whereas the second group covers all possible ways of compensating for damages or, otherwise stated, damages. The laws also provide for the right of access to information, which as a copyright protection measure is applied in the course of judicial proceedings and facilitates the application of other measures and remedies. The legislative provisions pertaining to requirements for collecting evidence and provisional measures are also to be attributed to the rules of a procedural nature. Paragraph 1(2)(b) of Article 13 of the Directive provides that the amount of damages can be set as a lump sum on the basis of elements such as at least the amount of royalties or fees that would have been due if the infringer had requested authorisation to use the intellectual property right in question. This provision has been implemented in Lithuanian legal acts, where it is envisaged that instead of requesting compensation for actual damages, right holders may claim royalties or fees which would have been due if the infringer had requested authorisation to use the works or other objects (i.e., had obtained a licence), and if the infringer acted intentionally or with gross negligence, in the amount of up to double such royalties and fees.

The subject matter of the scientific studies comprises a study of key issues of the protection of copyright as well as enforcement of other intellectual property rights. The basic methods of study used in the works are comparative, historical and teleological. The model of legal regulation of the protection of intellectual property rights chosen is the one existing in the states of droit d' auteur and copyright systems, and based on this model the key issues of copyright protection are analysed by way of comparing and assessing the aspects provided for in the Lithuanian legislation. Lithuania follows the droit d' auteur system. In general, the Lithuanian copyright law does not reflect any unique tradition. The development of intellectual property rights protection in Lithuania essentially coincided with the accession to international and regional organisations and to international agreements. When Lithuania decisively implemented one of its foreign policy aims — to become a member of the European Union — the approximation of its national law to the European Union legislation commenced in the field of intellectual property law as well as in the whole legal system. The scientific monograph and the few scientific articles analyse the main aspects of the protection of copyright: main principles of copyright, legal sources, subject matter of the protections, the author or other copyright owner, contents of protection (economic rights and moral rights), limitations and exceptions, tendencies, problems and perspectives of the development of copyright. The few scientific articles deal with the analysis of the implementation of the Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. Legal remedies applied by the court when passing the decision on the merits can in principle be grouped into preventive (including also corrective) measures and compensatory remedies. The first group covers: (1) injunctions, (2) corrective measures, (3) alternative measures, (4) publication of judicial decisions, whereas the second group covers all possible ways of compensating for damages or, otherwise stated, damages. The laws also provide for the right of access to information, which as a copyright protection measure is applied in the course of judicial proceedings and facilitates the application of other measures and remedies. The legislative provisions pertaining to requirements for collecting evidence and provisional measures are also to be attributed to the rules of a procedural nature. Paragraph 1(2)(b) of Article 13 of the Directive provides that the amount of damages can be set as a lump sum on the basis of elements such as at least the amount of royalties or fees that would have been due if the infringer had requested authorisation to use the intellectual property right in question. This provision has been implemented in Lithuanian legal acts, where it is envisaged that instead of requesting compensation for actual damages, right holders may claim royalties or fees which would have been due if the infringer had requested authorisation to use the works or other objects (i.e., had obtained a licence), and if the infringer acted intentionally or with gross negligence, in the amount of up to double such royalties and fees.

The subject matter of the scientific studies comprises a study of key issues of the protection of copyright as well as enforcement of other intellectual property rights. The basic methods of study used in the works are comparative, historical and teleological. The model of legal regulation of the protection of intellectual property rights chosen is the one existing in the states of droit d' auteur and copyright systems, and based on this model the key issues of copyright protection are analysed by way of comparing and assessing the aspects provided for in the Lithuanian legislation. Lithuania follows the droit d' auteur system. In general, the Lithuanian copyright law does not reflect any unique tradition. The development of intellectual property rights protection in Lithuania essentially coincided with the accession to international and regional organisations and to international agreements. When Lithuania decisively implemented one of its foreign policy aims — to become a member of the European Union — the approximation of its national law to the European Union legislation commenced in the field of intellectual property law as well as in the whole legal system. The scientific monograph and the few scientific articles analyse the main aspects of the protection of copyright: main principles of copyright, legal sources, subject matter of the protections, the author or other copyright owner, contents of protection (economic rights and moral rights), limitations and exceptions, tendencies, problems and perspectives of the development of copyright. The few scientific articles deal with the analysis of the implementation of the Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. Legal remedies applied by the court when passing the decision on the merits can in principle be grouped into preventive (including also corrective) measures and compensatory remedies. The first group covers: (1) injunctions, (2) corrective measures, (3) alternative measures, (4) publication of judicial decisions, whereas the second group covers all possible ways of compensating for damages or, otherwise stated, damages. The laws also provide for the right of access to information, which as a copyright protection measure is applied in the course of judicial proceedings and facilitates the application of other measures and remedies. The legislative provisions pertaining to requirements for collecting evidence and provisional measures are also to be attributed to the rules of a procedural nature. Paragraph 1(2)(b) of Article 13 of the Directive provides that the amount of damages can be set as a lump sum on the basis of elements such as at least the amount of royalties or fees that would have been due if the infringer had requested authorisation to use the intellectual property right in question. This provision has been implemented in Lithuanian legal acts, where it is envisaged that instead of requesting compensation for actual damages, right holders may claim royalties or fees which would have been due if the infringer had requested authorisation to use the works or other objects (i.e., had obtained a licence), and if the infringer acted intentionally or with gross negligence, in the amount of up to double such royalties and fees.

The topic of the work is of great interest, since further development of information society and information presentation techniques in cyberspace leads to new forms of violations. Main questions that arise are related to stopping such violations and preventive measures that can be applied. The main goal of the work is to expose the role of the internet service providers in the fight against illegal distribution of intellectual property, to analize the limits of their liability and preventive possibilities. The paper dicusses the violations that occur in cyberspace and especialy infringements of intellectual property rights. Also the paper discusses the technical methods of intellectual property protection in cyberspace and their application. Given the analyzed infringements and protection measures, the paper also analyzes the role of internet sevice providers in applying these protective measures and the liability limits. The paper introduces the national and European Union case law relating situations in which it requires to establish internet service providers liability and established obligations legitimacy. The work analyzes the existing regulation on European level and on individual national levels, as well as regulation in non-European Union countries law.

The topic of the work is of great interest, since further development of information society and information presentation techniques in cyberspace leads to new forms of violations. Main questions that arise are related to stopping such violations and preventive measures that can be applied. The main goal of the work is to expose the role of the internet service providers in the fight against illegal distribution of intellectual property, to analize the limits of their liability and preventive possibilities. The paper dicusses the violations that occur in cyberspace and especialy infringements of intellectual property rights. Also the paper discusses the technical methods of intellectual property protection in cyberspace and their application. Given the analyzed infringements and protection measures, the paper also analyzes the role of internet sevice providers in applying these protective measures and the liability limits. The paper introduces the national and European Union case law relating situations in which it requires to establish internet service providers liability and established obligations legitimacy. The work analyzes the existing regulation on European level and on individual national levels, as well as regulation in non-European Union countries law.

High value of intellectual capital is believed to be source of innovation-based competitive advantage, which is main factor of business and whole economy growth. However, the link between national intellectual capital and economic growth remains the object of scientific discussions. The purpose of this dissertation is upon examination of the theoretical approaches to the national intellectual capital and designing the intellectual capital measurement model, to determine the intellectual capital value in the European Union countries, and its impact on economic growth. The dissertation fleshed out national intellectual capital concept and structural model, as well as summarized studies of national intellectual capital influence on economic growth. The national intellectual capital measurement model was proposed based on postulates of national intellectual capital theoretical model and analysis of its measurement models. An empiric study evaluated national intellectual capital of the EU countries during the period of 2002-2012 and its influence on economic growth. The influence of national intellectual capital on economic growth is analysed in clusters of counties based on their economic development, long-term and short-term influence is analysed, national intellectual capital and its components' influence are separately evaluated.