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.

Protection of property and criminal law - A study with special reference to intellectual property

Theoretically speaking, property is extension of the personality of the individual. It serves the purpose of satisfying the self of the individual in the society. Various theories have been attempted to explain its origin and development. However, it is the socialist theory of property which finds acceptance in many societies today. A proper definition of the concept of property has notbeen given in the statutes governing protection of property or in the Indian Constitution. While deciding cases under the Indian Penal Code, the courts have however, been interpreting the term 'property' in a manner facilitating its accommodation within the contours of the socialist theory of property, though there was no attempt for any formal theorization. An examination of the decisions under the Penal Code provisions and Constituent Assembly Debates has reinforced the above view that our courts as well as legislature have adopted the socialist concept of property. Because of the importance of the theory of property in the general scheme of this study, it was thought appropriate toinclude a chapter on the theory of property as reflected in our constitution.

Rashtriya Swasthya Bhima Yojana-Comprehensive Health Insurance Scheme (Rsby-Chis) In Kerala: A Study On The Effectiveness And Utilization Of The Scheme With Special Reference To Ernakulam And Wayanad Districts

Health insurance has become a necessity for the common man, next to food, clothing and shelter. The financing of health expense is either catastrophic or sometimes even frequently contracted illnesses, is a major cause of mental agony for the common man. The cost of care may sometimes result in the complete erosion of the family savings or may even lead to indebtedness as many studies on causes of rural indebtedness bear testimony (Jayalakshmi, 2006). A suitable cover by way of health insurance is all that is required to cope with such situations. Health care insurance rightly provides the mechanism for both individuals and families to mitigate the financial burden of medical expenses in the present context. Hence a well designed affordable health insurance policy is the need of the hour.Therefore, it is very significant to study the extent to which the beneficiaries in Kerala make use of the benefits provided by a social health insurance scheme like RSBY-CHIS. Based on the above pertinent points, this study assumes national relevance even though the geographical area of the study is limited to two districts of Kerala. The findings of the study will bring forth valuable inputs on the services availed by the beneficiaries of RSBYCHIS and take appropriate measures to improve the effectiveness of the scheme whereby maximum quality benefit could be availed by the poorest of the poor and develop the scheme as a real dawn of the new era of health for them

Determinants of Consumer Purchase Decisions of Health Insurance in Kerala

This research work was to study the level of awareness of consumers about health insurance concept and market, consumer perceptions about health insurance providers, schemes and various factors that influence buying decision of health insurance. There is need to bring entire age group – high risk and low risk under health insurance cover. Widening the cover of health insurance calls for indepth understanding of consumer thinking and extensive marketing efforts based on that. Hence the study of consumer perceptions and the impact of different contributing factors on consumer purchase decision assume significance to the marketer. Understanding the consumer thinking on health insurance will also be of relevance to governmental/non governmental agencies, as affordable health care to all is a policy objective of the government and new schemes are being launched in this area.

Decent work?

Pastoralism and ranching are two different rangeland-based livestock systems in dryland areas of East Africa. Both usually operate under low and irregular rainfall and consequently low overall primary biomass production of high spatial and temporal heterogeneity. Both are usually located far from town centres, market outlets and communication, medical, educational, banking, insurance and other infrastructure. Whereas pastoralists can be regarded as self-employed, gaining their livelihood from managing their individually owned livestock on communal land, ranches mostly employ herders as wage labourers to manage the livestock owned by the ranch on the ranches’ own land property. Both production systems can be similarly labour intensive and – with regard to the livestock management – require the same type of work, whether carried out as self-employed pastoralist or as employed herder on a work contract. Given this similarity, the aim of this study was to comparatively assess how pastoralists and employed herders in northern Kenya view their working conditions, and which criteria they use to assess hardship and rewards in their daily work and their working life. Their own perception is compared with the concept of Decent Work developed by the International Labour Organisation (ILO). Samburu pastoralists in Marsabit and Samburu Districts as well as herders on ranches in Laikipia District were interviewed. A qualitative analysis of 47 semi-structured interviews yielded information about daily activities, income, free time, education and social security. Five out of 22 open interviews with pastoralists and seven out of 13 open interviews with employed herders fully transcribed and subjected to qualitative content analysis to yield life stories of 12 informants. Pastoralists consider it important to have healthy and satisfied animals. The ability to provide food for their family especially for the children has a high priority. Hardships for the pastoralists are, if activities are exhausting, and challenging, and dangerous. For employed herders, decent conditions are if their wages are high enough to be able to provide food for their family and formal education for their children. It is further most important for them to do work they are experienced and skilled in. Most employed herders were former pastoralists, who had lost their animals due to drought or raids. There are parallels between the ILO ‘Decent Work’ concept and the perception of working conditions of pastoralists and employed herders. These are, for example, that remuneration is of importance and the appreciation by either the employer or the community is desired. Some aspects that are seen as important by the ILO such as safety at work and healthy working conditions only play a secondary role to the pastoralists, who see risky and dangerous tasks as inherent characteristics of their efforts to gain a livelihood in their living environment.

Testing for Hidden Information and Action in Automobile Insurance Market

I test the presence of hidden information and action in the automobile insurance market using a data set from several Colombian insurers. To identify the presence of hidden information I find a common knowledge variable providing information on policyholder s risk type which is related to both experienced risk and insurance demand and that was excluded from the pricing mechanism. Such unused variable is the record of policyholder s traffic offenses. I find evidence of adverse selection in six of the nine insurance companies for which the test is performed. From the point of view of hidden action I develop a dynamic model of effort in accident prevention given an insurance contract with bonus experience rating scheme and I show that individual accident probability decreases with previous accidents. This result brings a testable implication for the empirical identification of hidden action and based on that result I estimate an econometric model of the time spans between the purchase of the insurance and the first claim, between the first claim and the second one, and so on. I find strong evidence on the existence of unobserved heterogeneity that deceives the testable implication. Once the unobserved heterogeneity is controlled, I find conclusive statistical grounds supporting the presence of moral hazard in the Colombian insurance market.

Intellectual Property, Copyright and the Web

Some material used with permission from Frank Bott

Land Reform in Developing Countries: Property Rights and Property Wrongs, por Michael Lipton, Londres: Routledge, 2009

Reseña

Possession and Immoveable Property: The History of Two Connected Concepts

Possession and property are two different sides of the same coin. The two institutions have the same axis: the benefit, mainly economic, of a good. In countries like Colombia and Peru, important reforms have been introduced whose main effect has been the following one: the approach to these two institutions. In this article we will speak of these two institutions, today more than ever, connected.