Do foreign direct investment (FDI) and trade openness explain the disparity in ICT diffusion between Asia-Pacific and the Islamic Middle Eastern countries?

This study investigates the impact of FDI and trade openness on ICT diffusion in the Asia-Pacific and Middle East regions from 1996-2005. The results indicate that while dissimilarities exist between the economies included in this study in terms of their level of socio-economic and political development, education and the growth of GDP have had a positive impact on ICT diffusion in both regions. However, while FDI has generally had a positive and significant impact on ICT diffusion in Asia-Pacific economies, its impact on Middle Eastern economies has been detrimental. The results of this study also show that trade-openness has had, in general, a positive and significant impact on ICT diffusion. Copyright © 2010, IGI Global.

The social media paradox:an intersection with freedom of expression and the criminal law

This article begins by setting out the human rights provisions that apply to social media expression. It then provides insight into the part social media plays within our society by analysing the social media landscape and how it facilitates a ‘purer’ form of expression. The social media paradox is explored through the lens of current societal issues and concerns regarding the use of social media and how these have manifested into litigation. It concludes by analysing the tension that the application of an array of criminal legislation and jurisprudence has created with freedom of expression, and whether this can successfully mitigated by the Director of Public Prosecution’s Interim Guidelines.

Communist ideas and Scots property law : Canning v Glasgow Caledonian University

Peer reviewed

Communist ideas and Scots property law : Canning v Glasgow Caledonian University

Peer reviewed

‘Abuse of Rights’ in Belgian and French Patent Law – A Case Law Analysis

This paper examines what types of actions undertaken by patent holders have been considered as abusive in the framework of French and Belgian patent litigation. Particular attention is given to the principle of the prohibition of “abuse of rights” (AoR). In the jurisdictions under scrutiny, the principle of AoR is essentially a jurisprudential construction in cases where judges faced a particular set of circumstances for which no codified rules were available. To investigate how judges deal with the prohibition of AoR in patent litigation and taking into account the jurisprudential nature of the principle, an in-depth and comparative case law analysis has been conducted. Although the number of cases in which patent holders have been sanctioned for such abuses is not overabundant, they do provide sufficient leads on what is understood by Belgian and French courts to constitute an abuse of patent rights. From this comparative analysis, useful lessons can be learned for the interpretation of the ambiguous notion of ‘abuse’ from a broader perspective.

CAD Files and European Design Law

Three-dimensional printing (“3DP”) is an additive manufacturing technology that starts with a virtual 3D model of the object to be printed, the so-called Computer-Aided-Design (“CAD”) file. This file, when sent to the printer, gives instructions to the device on how to build the object layer-by-layer. This paper explores whether design protection is available under the current European regulatory framework for designs that are computer-created by means of CAD software, and, if so, under what circumstances. The key point is whether the appearance of a product, embedded in a CAD file, could be regarded as a protectable element under existing legislation. To this end, it begins with an inquiry into the concepts of “design” and “product”, set forth in Article 3 of the Community Design Regulation No. 6/2002 (“CDR”). Then, it considers the EUIPO’s practice of accepting 3D digital representations of designs. The enquiry goes on to illustrate the implications that the making of a CAD file available online might have. It suggests that the act of uploading a CAD file onto a 3D printing platform may be tantamount to a disclosure for the purposes of triggering unregistered design protection, and for appraising the state of the prior art. It also argues that, when measuring the individual character requirement, the notion of “informed user” and “the designer’s degree of freedom” may need to be reconsidered in the future. The following part touches on the exceptions to design protection, with a special focus on the repairs clause set forth in Article 110 CDR. The concluding part explores different measures that may be implemented to prohibit the unauthorised creation and sharing of CAD files embedding design-protected products.

Business Model Innovation: Perspectives and Foundations

Summary: This is a conceptual paper that aims to identify the key perspectives on business model innovation. Understanding the theoretical and conceptual underpinnings of business model innovation is crucial in facilitating organisation in reinventing their business models. Through a comprehensive literature review, three perspectives are identified. Business model innovation is a complex construct. There is no single approach or method in undertaking business model innovation. Successful undertaking of business model innovation depends on a number of factors. Dynamic capabilities and internal capabilities are just two of many important factors.

TAKING ORGANIZATIONS SERIOUSLY: RESPONSIBLE AGENCY, ORGANIZATIONS AND THE CRIMINAL LAW

In the post-Enlightenment period, Anglo-American criminal law has been applied with increased force, and an ever expanding scope, to collective actors like corporations and other organizations. Recent scholarship has focused on developing “truly organizational” bases of liability that break with the conventional approach of imputing individual conduct to an organization and instead analyze culpable conduct and intent in a way that reflects the distinct and independent capacity of organizations to pursue their interests or goals collaboratively. In 2004, Canada enacted amendments inspired by these ideas in the hope they would lead to more effective criminal enforcement against organizations. Twelve years later, however, the promise of Bill C-45 is largely unfulfilled. In this thesis, I explore how much of this failure of law reform to deliver transformational change is attributable to an individualist bias that permeates how we think about what it means to be responsible and how this then shapes the responsibility ascription process. Using an analytical framework that combines criminal law theory with selected aspects of rational-structural theory and organization culture, I suggest that a promising way forward may lie in reframing the essential qualities required to be a subject of the criminal law in a way that captures the unique attributes that make organizations different from individuals. The resulting organizational concept of responsible agency allows for an integration of organizational reality into how we assess organizational culpability while keeping the ambit of criminal liability within the limits of what is practicable and fair. This better aligns with the spirit of Bill C-45: to impose criminal liability in a way that takes organizations – and their crimes – seriously.

al- Fatāwá al-Sirājīyah

[ʻAlī ibn ʻUthmān al-Ūshī].

Kitāb al-Itḥāf bi-bayān aḥkām ijārat al-awqāf / li-Khātimat al-Fuqahāʼ al-Muḥaqqiqīn Mawlānā al-ʻAllāmah Aḥmad Shihāb al-Dīn Ibn Ḥajar al-Haytamī al-Makkī : manuscript, 1876

According to the colophon, (f. 63r), copy completed on 14 Ṣafar 1293 AH [March 10, 1876 AD].

ʻUmdat al-rāyiḍ fi fann al-farāyiḍ / min taʼlīf al-ʻĀlim al-Amjad Ḥaḍrat Qāḍī al-Mulk : manuscript, 1855 or 56

According to the colophon (f. 25v), copy completed in 1272 AH [1855 or 56 AD].

Hukum Mŭm-bhagi pusaka : manuscript, 1832

According to the colophons (ff. 15r and 25r), copy completed on 22 Dhū al-Qaʻdah 1247 AH [April 22, 1832 AD] or on 25 Dhū al-Qaʻdah 1247 AH [April 25, 1832 AD].

Kitāb Jawāhir al-farāʼiḍ : manuscript, undated

Title supplied by cataloger.