Exceptions and Limitations to Intellectual Property Rights with Special Reference to Patent and Copyright Law

This thesis entitled Exceptions and limitations to intellectual property rights with special reference to patent and copyright law.The study on the limitations and exceptions to copyright and patent was mainly characterized by its diversity and flexibility. The unique feature of limited monopoly appended to intellectual property was always a matter of wide controversy.The historical analysis substantiated this instrumentalist philosophy of intellectual property.the study from a legal space characterized by diversity and flexibility and end up in that legal space being characterized by homogeneity and standardization. The issue of flexibility and restrictiveness in the context of TRIPS is the next challenging task. Before devising flexibility to TST, the question to be answered is whether such a mechanism is desirable in the context of TRIPS.In conclusion it is submitted to reorient the intellectual property framework in the context of the noble public interest objectives.

Framing the local and the global in the anti-nuclear movement: Law and the politics of place

This article examines the politics of place in relation to legal mobilization by the anti-nuclear movement. It examines two case examples - citizens' weapons inspections and civil disobedience strategies - which have involved the movement drawing upon the law in particular spatial contexts. The article begins by examining a number of factors which have been employed in recent social movement literature to explain strategy choice, including ideology, resources, political and legal opportunity, and framing. It then proceeds to argue that the issues of scale, space, and place play an important role in relation to framing by the movement in the two case examples. Both can be seen to involve scalar reframing, with the movement attempting to resist localizing tendencies and to replace them with a global frame. Both also involve an attempt to reframe the issue of nuclear weapons away from the contested frame of the past (unilateral disarmament) towards the more universal and widely accepted frame of international law.

Contribution to the ground-based follow-up of the Gaia space mission

The Gaia Space Mission [Mignard, F., 2005. The three-dimensional universe with Gaia. ESA/SP-576; Perryman, M., 2005. The three-dimensional universe with Gaia. ESA/SP-576] will observe several transient events as supernovae, microlensing, gamma ray bursts and new Solar System objects. The satellite, due to its scanning law, will detect these events but will not be able to monitor them. So, to take these events into consideration and to perform further studies it is necessary to follow them with Earth-based observations. These observations could be efficiently done by a ground-based network of well-equipped telescopes scattered in both hemispheres. Here we focus our attention at the new Solar System objects to be discovered and observed by the Gaia satellite [Mignard, F., 2002. Observations of Solar System objects by Gaia I. Detection of NEOS. Astron. Astrophys. 393, 727] mainly asteroids, NEOs and comets. A dedicated ground-based network of telescopes as proposed by Thuillot [2005. The three-dimensional universe with Gaia. ESA/SP-576] will allow to monitor those events, to avoid losing them and to perform a quick characterization of some physical properties which will be important for the identification of these objects in further measurements by Gaia. We present in this paper, the beginning of the organization of a Latin-American ground-based network of telescopes and observers joining several institutions in Argentina, Bolivia, Brazil and other Latin-American countries aiming to contribute to the follow-up of Gaia science alerts for Solar System objects. (C) 2008 Elsevier Ltd. All rights reserved.

A Precise Formulation of the Third Law of Thermodynamics

The third law of thermodynamics is formulated precisely: all points of the state space of zero temperature I""(0) are physically adiabatically inaccessible from the state space of a simple system. In addition to implying the unattainability of absolute zero in finite time (or ""by a finite number of operations""), it admits as corollary, under a continuity assumption, that all points of I""(0) are adiabatically equivalent. We argue that the third law is universally valid for all macroscopic systems which obey the laws of quantum mechanics and/or quantum field theory. We also briefly discuss why a precise formulation of the third law for black holes remains an open problem.

Determination of density of states in PPS from space-charge-limited current measurements

Space-charge-limited currents measurements have been carried out on undoped amorphous poly p-phenylene sulfide. The scaling law is checked for different samples with varying thickness, and J-V data analyzed. The position of the quasi-Fermi level and the density of states was obtained.

Statistical properties for a dissipative model of relativistic particles in a wave packet: A parameter space investigation

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

Transiting exoplanets from the CoRoT space mission XX. CoRoT-20b: A very high density, high eccentricity transiting giant planet

We report the discovery by the CoRoT space mission of a new giant planet, CoRoT-20b. The planet has a mass of 4.24 +/- 0.23 M-Jup and a radius of 0.84 +/- 0.04 R-Jup. With a mean density of 8.87 +/- 1.10 g cm(-3), it is among the most compact planets known so far. Evolutionary models for the planet suggest a mass of heavy elements of the order of 800 M-circle plus if embedded in a central core, requiring a revision either of the planet formation models or both planet evolution and structure models. We note however that smaller amounts of heavy elements are expected by more realistic models in which they are mixed throughout the envelope. The planet orbits a G-type star with an orbital period of 9.24 days and an eccentricity of 0.56. The star's projected rotational velocity is v sin i = 4.5 +/- 1.0 km s(-1), corresponding to a spin period of 11.5 +/- 3.1 days if its axis of rotation is perpendicular to the orbital plane. In the framework of Darwinian theories and neglecting stellar magnetic breaking, we calculate the tidal evolution of the system and show that CoRoT-20b is presently one of the very few Darwin-stable planets that is evolving toward a triple synchronous state with equality of the orbital, planetary and stellar spin periods.

Second law analysis and simulation techniques for the energy optimization of buildings

The research activity described in this thesis is focused mainly on the study of finite-element techniques applied to thermo-fluid dynamic problems of plant components and on the study of dynamic simulation techniques applied to integrated building design in order to enhance the energy performance of the building. The first part of this doctorate thesis is a broad dissertation on second law analysis of thermodynamic processes with the purpose of including the issue of the energy efficiency of buildings within a wider cultural context which is usually not considered by professionals in the energy sector. In particular, the first chapter includes, a rigorous scheme for the deduction of the expressions for molar exergy and molar flow exergy of pure chemical fuels. The study shows that molar exergy and molar flow exergy coincide when the temperature and pressure of the fuel are equal to those of the environment in which the combustion reaction takes place. A simple method to determine the Gibbs free energy for non-standard values of the temperature and pressure of the environment is then clarified. For hydrogen, carbon dioxide, and several hydrocarbons, the dependence of the molar exergy on the temperature and relative humidity of the environment is reported, together with an evaluation of molar exergy and molar flow exergy when the temperature and pressure of the fuel are different from those of the environment. As an application of second law analysis, a comparison of the thermodynamic efficiency of a condensing boiler and of a heat pump is also reported. The second chapter presents a study of borehole heat exchangers, that is, a polyethylene piping network buried in the soil which allows a ground-coupled heat pump to exchange heat with the ground. After a brief overview of low-enthalpy geothermal plants, an apparatus designed and assembled by the author to carry out thermal response tests is presented. Data obtained by means of in situ thermal response tests are reported and evaluated by means of a finite-element simulation method, implemented through the software package COMSOL Multyphysics. The simulation method allows the determination of the precise value of the effective thermal properties of the ground and of the grout, which are essential for the design of borehole heat exchangers. In addition to the study of a single plant component, namely the borehole heat exchanger, in the third chapter is presented a thorough process for the plant design of a zero carbon building complex. The plant is composed of: 1) a ground-coupled heat pump system for space heating and cooling, with electricity supplied by photovoltaic solar collectors; 2) air dehumidifiers; 3) thermal solar collectors to match 70% of domestic hot water energy use, and a wood pellet boiler for the remaining domestic hot water energy use and for exceptional winter peaks. This chapter includes the design methodology adopted: 1) dynamic simulation of the building complex with the software package TRNSYS for evaluating the energy requirements of the building complex; 2) ground-coupled heat pumps modelled by means of TRNSYS; and 3) evaluation of the total length of the borehole heat exchanger by an iterative method developed by the author. An economic feasibility and an exergy analysis of the proposed plant, compared with two other plants, are reported. The exergy analysis was performed by considering the embodied energy of the components of each plant and the exergy loss during the functioning of the plants.

'Security Here is Not Safe': Violence, Punishment, & Space in the Contemporary U.S. Penitentiary

The US penitentiary at Lewisburg, Pennsylvania, was retrofitted in 2008 to offer the country’s first federal Special Management Unit (SMU) program of its kind. This model SMU is designed for federal inmates from around the country identified as the most intractably troublesome, and features double-celling of inmates in tiny spaces, in 23-hour or 24-hour a day lockdown, requiring them to pass through a two-year program of readjustment. These spatial tactics, and the philosophy of punishment underlying them, contrast with the modern reform ideals upon which the prison was designed and built in 1932. The SMU represents the latest punitive phase in American penology, one that neither simply eliminates men as in the premodern spectacle, nor creates the docile, rehabilitated bodies of the modern panopticon; rather, it is a late-modern structure that produces only fear, terror, violence, and death. This SMU represents the latest of the late-modern prisons, similar to other supermax facilities in the US but offering its own unique system of punishment as well. While the prison exists within the system of American law and jurisprudence, it also manifests features of Agamben’s lawless, camp-like space that emerges during a state of exception, exempt from outside scrutiny with inmate treatment typically beyond the scope of the law.

"Security Here is Not Safe": Violence, Punishment, and Space in the Contemporary US Penitentiary

The US penitentiary at Lewisburg, Pennsylvania, was retrofitted in 2008 to offer the country's first federal Special Management Unit (SMU) program of its kind. This model SMU is designed for federal inmates from around the country identified as the most intractably troublesome, and features double-celling of inmates in tiny spaces, in 23-hour or 24-hour a day lockdown, requiring them to pass through a two-year program of readjustment. These spatial tactics, and the philosophy of punishment underlying them, contrast with the modern reform ideals upon which the prison was designed and built in 1932. The SMU represents the latest punitive phase in American penology, one that neither simply eliminates men as in the premodern spectacle, nor creates the docile, rehabilitated bodies of the modern panopticon; rather, it is a late-modern structure that produces only fear, terror, violence, and death. This SMU represents the latest of the late-modern prisons, similar to other supermax facilities in the US but offering its own unique system of punishment as well. While the prison exists within the system of American law and jurisprudence, it also manifests features of Agamben's lawless, camp-like space that emerges during a state of exception, exempt from outside scrutiny with inmate treatment typically beyond the scope of the law

Virtue, Law and Mercy

The attribution of responsibility in world society is increasingly a field of contestation. On the one hand, the perception of causal and moral links reaching far in space and time are ever more explicitly pronounced; on the other hand, the very complexity of these links often engenders a fragmentation of responsibility both in law (Veitch 2007) as well as in moral commitment. Moreover, those institutions of legal responsibility attempting to reflect some of these interrelations are often criticised as insufficient by those who follow alternative narratives of causation and moral community. Current institutions of responsibility in law appear to abstract from what could be called enabling contexts; they perform their cuts in the chains of enabling interactions at very brief intervals (Strathern 2001). The result is often “organised irresponsibility” (Veitch 2007; Beck 1996), producing appeals to a global community of concern in time and space without corresponding obligatory commitments. This talk explores alternative conceptualisations of responsibility, and enquires into their notion of the person, their temporal and socio-spatial dimensions, and their notion of liability.

Propellantless de orbiting of space debris by bare electrodynamic tethers

A 3-year Project started on November 1 2010, financed by the European Commision within the FP-7 Space Program, and aimed at developing an efficient de-orbit system that could be carried on board by future spacecraft launched into LEO, will be presented. The operational system will deploy a thin uninsulated tape-tether to collect electrons as a giant Langmuir probe, using no propellant/no power supply, and generating power on board. This project will involve free-fall tests, and laboratory hypervelocity-impact and tether-current tests, and design/Manufacturing of subsystems: interface elements, electric control and driving module, electron-ejecting plasma contactor, tether-deployment mechanism/end-mass, and tape samples. Preliminary results to be presented involve: i) devising criteria for sizing the three disparate tape dimensions, affecting mass, resistance, current-collection, magnetic self-field, and survivability against debris itself; ii) assessing the dynamical relevance of tether parameters in implementing control laws to limit oscillations in /off the orbital plane, where passive stability may be marginal; iii) deriving a law for bare-tape current from numerical simulations and chamber tests, taking into account ambient magnetic field, ion ram motion, and adiabatic electron trapping; iv) determining requirements on a year-dormant hollow cathode under long times/broad emission-range operation, and trading-off against use of electron thermal emission; v) determining requirements on magnetic components and power semiconductors for a control module that faces high voltage/power operation under mass/volume limitations; vi) assessing strategies to passively deploy a wide conductive tape that needs no retrieval, while avoiding jamming and ending at minimum libration; vii) evaluating the tape structure as regards conductive and dielectric materials, both lengthwise and in its cross-section, in particular to prevent arcing in triple-point junctions.

Saint Mathew Law and Bonini Paradox in Textual Theory of Complex Models

The mathematical models of the complex reality are texts belonging to a certain literature that is written in a semi-formal language, denominated L(MT) by the authors whose laws linguistic mathematics have been previously defined. This text possesses linguistic entropy that is the reflection of the physical entropy of the processes of real world that said text describes. Through the temperature of information defined by Mandelbrot, the authors begin a text-reality thermodynamic theory that drives to the existence of information attractors, or highly structured point, settling down a heterogeneity of the space text, the same one that of ontologic space, completing the well-known law of Saint Mathew, of the General Theory of Systems and formulated by Margalef saying: “To the one that has more he will be given, and to the one that doesn't have he will even be removed it little that it possesses.