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.

IMAGE QUANTIFICATION FOR RADIATION DOSE CALCULATIONS-LIMITATIONS AND UNCERTAINTIES

Radiation dose calculations in nuclear medicine depend on quantification of activity via planar and/or tomographic imaging methods. However, both methods have inherent limitations, and the accuracy of activity estimates varies with object size, background levels, and other variables. The goal of this study was to evaluate the limitations of quantitative imaging with planar and single photon emission computed tomography (SPECT) approaches, with a focus on activity quantification for use in calculating absorbed dose estimates for normal organs and tumors. To do this we studied a series of phantoms of varying complexity of geometry, with three radionuclides whose decay schemes varied from simple to complex. Four aqueous concentrations of (99m)Tc, (131)I, and (111)In (74, 185, 370, and 740 kBq mL(-1)) were placed in spheres of four different sizes in a water-filled phantom, with three different levels of activity in the surrounding water. Planar and SPECT images of the phantoms were obtained on a modern SPECT/computed tomography (CT) system. These radionuclides and concentration/background studies were repeated using a cardiac phantom and a modified torso phantom with liver and ""tumor"" regions containing the radionuclide concentrations and with the same varying background levels. Planar quantification was performed using the geometric mean approach, with attenuation correction (AC), and with and without scatter corrections (SC and NSC). SPECT images were reconstructed using attenuation maps (AM) for AC; scatter windows were used to perform SC during image reconstruction. For spherical sources with corrected data, good accuracy was observed (generally within +/- 10% of known values) for the largest sphere (11.5 mL) and for both planar and SPECT methods with (99m)Tc and (131)I, but were poorest and deviated from known values for smaller objects, most notably for (111)In. SPECT quantification was affected by the partial volume effect in smaller objects and generally showed larger errors than the planar results in these cases for all radionuclides. For the cardiac phantom, results were the most accurate of all of the experiments for all radionuclides. Background subtraction was an important factor influencing these results. The contribution of scattered photons was important in quantification with (131)I; if scatter was not accounted for, activity tended to be overestimated using planar quantification methods. For the torso phantom experiments, results show a clear underestimation of activity when compared to previous experiment with spherical sources for all radionuclides. Despite some variations that were observed as the level of background increased, the SPECT results were more consistent across different activity concentrations. Planar or SPECT quantification on state-of-the-art gamma cameras with appropriate quantitative processing can provide accuracies of better than 10% for large objects and modest target-to-background concentrations; however when smaller objects are used, in the presence of higher background, and for nuclides with more complex decay schemes, SPECT quantification methods generally produce better results. Health Phys. 99(5):688-701; 2010

QoS of IP services in a fieldbus network: on the limitations and possible improvements

This paper focuses on the problem of providing efficient scheduling mechanisms for IP packets encapsulated in the frames of a real-time fieldbus network - the PROFIBUS. The approach described consists on a dual-stack approach encompassing both the controlrelated traffic ("native" fieldbus traffic) and the IPrelated traffic. The overall goal is to maintain the hard real-time guarantees of the control-related traffic, while at the same time providing the desired quality of service (QoS) to the coexistent IP applications. We start to describe the work which have been up to now carried out in the framework of the European project RFieldbus (High Performance Wireless Fieldbus in Industrial Multimedia-Related Environments - IST-1999-11316). Then we identify its limitations and point out solutions that are now being addressed out of the framework of the above-mentioned European project.

Cryopreservation of Cell Sheets of Adipose Stem Cells: Limitations and Successes

Cell Sheets of hASCs (hASCs-CS) have been previously proposed for wound healing applications(1, 2) and despite the concern for production time reduction, the possibility of having these hASCs-CS off-the-shelf is appealing. The goal of this work was to define a cryopreservation methodology allowing to preserve cells viability and the properties CS matrix. hASCs-CS obtained from three different donors were created in UP-cell thermoresponsive dishes(Nunc, Germany) as previously reported(1,2). Different cryopreservation conditions were considered: i)FBS plus DMSO(5% and10%); ii)0.4M of Trehalose plus DMSO (5% and 10%); iii)cryosolution PLL (Akron Biotech, USA); and iv)vitrification. The cryopreservation effect was first assessed for cellular viability by flow cytometry using 7-AAD, and after dissociating the hASCs-CS with collagenase and trypsin-EDTA 0.25%. The expression (RT-PCR) and deposition (western blot and immunocytochemistry) of collagen type I, laminin and fibronectin, and the organization (TEM) of the extracellular matrix was further assessed before and after hASCs-CS cryopreservation to determine a potential effect of the method over matrix composition and integrity. The obtained results confirmed that cell viability is affected by the cryopreservation methodology, as shown before for different CS(3). Interestingly, the matrix properties were not significantly altered and the typical cell sheetâ s easiness of manipulation for transplantation was not lost.

Limitations and improvements to the risk assessment process in Olive Oil Mills: the views of OSH practitioners

Although most of the accidents occurred in Olive Oil Mill (OOM) resulted from “basic” risks, there is a need to apply adequate tools to support risk decisions that can meet the specificities of this sector. This study aims to analyse the views of Occupational, Safety & Health (OSH) practitioners about the risk assessment process in OOM, identifying the key difficulties inherent to the risk assessment process in these sector, as well as identifying some improvements to the current practice. This analysis was based on a questionnaire that was developed and applied to 13 OSH practitioners working at OOM. The results showed that the time available to perform the risk assessment is the more frequent limitation. They believe that the methodologies available are not an important limitation to this process. However, a specific risk assessment methodology, that includes acceptance criteria adjusted to the OOM reality, using risk metrics supported on the frequency of accidents and workdays lost, were indicated as being also an important contributions improve the process. A semi-quantitative approach, complemented with the use of the sector accident statistics, can be a good solution for this sector. However, further strategies should also be adopted, mainly those that can lead to an easy application of the risk assessment process.

Limitations and biases of conventional analysis of climate change. Towards an analysis coherent with sustainable development

This paper shows the numerous problems of conventional economic analysis in the evaluation of climate change mitigation policies. The article points out the many limitations, omissions, and the arbitrariness that have characterized most evaluation models applied up until now. These shortcomings, in an almost overwhelming way, have biased the result towards the recommendation of a lower aggressiveness of emission mitigation policies. Consequently, this paper questions whether these results provide an appropriate answer to the problem. Finally, various points that an analysis coherent with sustainable development should take into account are presented.

Measuring peace. Initiatives, limitations and proposals. Seminar proceedings Barcelona, March 2010

These proceedings correspond to the international seminar “Measuring Peace. Initiatives, Limitations and Proposals” organized by the International Catalan Institute for Peace, which took place in Barcelona on the 4th and the 5th of March 2010. The Human Development Index is the most visible attempt over the last years to improve the statistical tools so that they offer results which are closer to social realities. In the field of Peace the attempts to create new measuring mechanisms have not been able to move beyond the negative conception of peace, which means that it has just been considered as an absence of violent conflicts. In this context, the international seminar organized by the ICIP was an attempt to compile recent contributions of different investigation centres which have focused in conceptualizing positive peace and new ways to measure it.

Lane Closure Policy Development, Enforcement, and Exceptions: A Survey of Seven State Transportation Agencies, February 2007

Traffic volume increases and an aging infrastructure create the need for reconstruction, rehabilitation, and maintenance of existing facilities. As more motorists feel that delays should be minimal during highway renewal projects, lane closures that reduce capacity through the work zone should not create unreasonable delays. In order to facilitate the determination of when a lane closure is permitted during the day, some state transportation agencies (STAs) have developed lane closure policies, or strategies, that they use as guidance in determining daily permitted lane closure times. Permitted lane closure times define what times of the day, week, or season a lane closure is allowed on a facility and at a specific location or segment. This research addresses the lane closure policies of several STAs that were reputed to have good lane closures policies or strategies and that were selected by the project advisory committee for further research.

Pathway databases and tools for their exploitation: benefits, current limitations and challenges

In past years, comprehensive representations of cell signalling pathways have been developed by manual curation from literature, which requires huge effort and would benefit from information stored in databases and from automatic retrieval and integration methods. Once a reconstruction of the network of interactions is achieved, analysis of its structural features and its dynamic behaviour can take place. Mathematical modelling techniques are used to simulate the complex behaviour of cell signalling networks, which ultimately sheds light on the mechanisms leading to complex diseases or helps in the identification of drug targets. A variety of databases containing information on cell signalling pathways have been developed in conjunction with methodologies to access and analyse the data. In principle, the scenario is prepared to make the most of this information for the analysis of the dynamics of signalling pathways. However, are the knowledge repositories of signalling pathways ready to realize the systems biology promise? In this article we aim to initiate this discussion and to provide some insights on this issue.

Limitations and information needs for engineered nanomaterial-specific exposure estimation and scenarios: recommendations for improved reporting practices

The aim of this paper is to describe the process and challenges in building exposure scenarios for engineered nanomaterials (ENM), using an exposure scenario format similar to that used for the European Chemicals regulation (REACH). Over 60 exposure scenarios were developed based on information from publicly available sources (literature, books, and reports), publicly available exposure estimation models, occupational sampling campaign data from partnering institutions, and industrial partners regarding their own facilities. The primary focus was on carbon-based nanomaterials, nano-silver (nano-Ag) and nano-titanium dioxide (nano-TiO2), and included occupational and consumer uses of these materials with consideration of the associated environmental release. The process of building exposure scenarios illustrated the availability and limitations of existing information and exposure assessment tools for characterizing exposure to ENM, particularly as it relates to risk assessment. This article describes the gaps in the information reviewed, recommends future areas of ENM exposure research, and proposes types of information that should, at a minimum, be included when reporting the results of such research, so that the information is useful in a wider context.

Attribute exploration with background implications and exceptions

Implications between attributes can represent knowledge about objects in a specified context. This knowledge representation is especially useful when it is not possible to list all specified objects. Attribute exploration is a tool of formal concept analysis that supports the acquisition of this knowledge. For a specified context this interactive procedure determines a miminal list of valid implications between attributes of this context together with a list of objects which are counterexamples for all implications not valid in the context. This paper describes how the exploration can be modified such that it determines a mimimal set of implications that fills the gap between previously given implications (called background implications) and all valid implications. The list of implications can be simplified further if exceptions are allowed for the implications.

The Ri chicken breed and livelihoods in North Vietnam: characterization and prospects

For the last twenty years, the consumption of poultry meat has boomed in Vietnam as in the rest of the developing world. Capital-intensive production has grown rapidly to satisfy this demand. Based on a few numbers of genetically uniform strains, these systems threaten biodiversity. In Vietnam, both rural and urban households still keep indigenous chickens as part of a diversified livelihood portfolio. In line with the national in situ conservation strategy, this study approached the context of local poultry keeping in two rural and one suburban districts of Northern Vietnam. It aimed at understanding households’ willingness, constraints and opportunities for practice improvement, including breeds’ management. As the Ri chicken constitutes the large majority of backyard flocks, two particular objectives of this study are the morpho-biometric characterisation of phenotypic diversity among individuals classified as Ri by farmers and an assessment of their productive potential. Chicken was found to hold a different place in livelihoods of the three districts with consequences on the management of genetic resources. The most favourable conditions for improvement of the Ri breed was found in the rural district of Luong-Son, due to market integration. In the more remote district of Ky-Son, living standards were lower and much would be gained from Ri conservation. Ri breed was the most threatened in the suburban Gia-Lam district, where poultry was a minor side-activity, lacking incentive for genetic management. From motives and constraints, tracks about breeding goals are suggested. Further considerations about conservation, improvement, market integration and livelihoods are proposed.