Kwestia niekonstytucyjności roszczenia informacyjnego z art. 2861 p.w.p. – wybrane zagadnienia

Roszczenie informacyjne jest instrumentem prawnym, przy pomocy którego uprawniony z tytuł prawa do patentu, prawa ochronnego na wzór użytkowy, prawa z rejestracji wzoru przemysłowego czy też prawa ochronnego na znak towarowy może domagać się, aby sąd zobowiązał określony podmiot do ujawnienia informacji, które są niezbędne dla skutecznego dochodzenia roszczeń przed sądem. Niejednokrotnie bowiem ze względu na niematerialny charakter praw własności przemysłowej ustalenie naruszyciela tych praw oraz skali samego naruszenia jest znacznie utrudnione. Wokół tytułowego roszczenia informacyjnego na gruncie ustawy Prawo własności przemysłowej powstało szereg kontrowersji, którego zwieńczeniem było wniesienie skargi konstytucyjnej w 2015 roku, oczekującej obecnie na rozstrzygnięcie przez Trybunał Konstytucyjny. Realizacja roszczenia tego rodzaju powoduje bowiem, że ochrona praw podmiotu uprawnionego prowadzi nieuchronnie do ograniczenia praw innego podmiotu – zobowiązanego do udzielenia informacji. Wobec tego szczególnie istotne jest respektowanie zasady proporcjonalności przy ustanawianiu ograniczeń praw i wolności obywatelskich. W niniejszym opracowaniu została rozważona zasadność zarzutów niekonstytucyjności omawianej instytucji prawnej i jej zgodności m.in. z prawem do sądu oraz wolnością działalności gospodarczej w zestawieniu z zasadą proporcjonalności ograniczenia praw konstytucyjnych. Na tle wątpliwości co do zgodności z Konstytucją roszczenia informacyjnego przedstawione zostały także kwestie dotyczące wadliwości implementacji dyrektywy unijnej w zakresie roszczenia o udzielenie informacji. Wszystkie zagadnienia zostały omówione na tle stosunków gospodarczych, w jakich uczestniczą podmioty uprawnione do żądania udzielenia informacji, a także zobowiązane do ich udzielenia.

Introducing Masculinity Studies to Information Systems research : the case of Gaydar

I believe that studies of men's gendered experiences of information systems are needed. In order to support this claim, I introduce the area of Masculinity Studies to Information Systems research and, using this, present an exploratory analysis of an internet dating website for gay men – Gaydar. The information system, which forms part of the Gaydar community, is shown to shape, and be shaped by the members as they accept and challenge aspects of it as related to their identities. In doing this, I show how the intertwined processes of information systems development and use contribute to the creation of diverse interpretations of masculinity within a group of men. In sum, my analysis highlights different kinds of men and different versions of masculinity that can sometimes be associated with different experiences of information systems. The implications of this work centre on the need to expand our knowledge of men's gendered experiences with information systems, to reflect upon processes of technology facilitated categorisation and to consider the influences that contribute to the roll out of particular software features along with the underlying rationales for market segmentation in the software and software-based services industries.

An information oriented framework for relating IS/IT resources and business value

Several studies have highlighted the importance of information and information quality in organisations and thus information is regarded as key determinant for the success and organisational performance. At the same time, there are numerous studies, frameworks and case studies examining the impact of information technology and systems to business value. Recently, several studies have proposed maturity models for information management capabilities in the literature, which claim that a higher maturity results in a higher organizational performance. Although these studies provide valuable information about the underlying relations, most are limited in specifying the relationship in more detail. Furthermore, most prominent approaches do not or at least not explicitly consider information as important influencing factor for organisational performance. In this paper, we aim to review selected contributions and introduce a model that shows how IS/IT resources and capabilties could be interlinked with IS/IT utilization, organizational performance and business value. Complementing other models and frameworks, we explicitly consider information from a management maturity, quality and risk perspective. Moreover, the paper discusses how each part of the model can be assessed in order to validate the model in future studies.

Temporal information and children's and adults' causal inferences

Three experiments examined whether children and adults would use temporal information as a cue to the causal structure of a three-variable system, and also whether their judgements about the effects of interventions on the system would be affected by the temporal properties of the event sequence. Participants were shown a system in which two events B and C occurred either simultaneously (synchronous condition) or in a temporal sequence (sequential condition) following an initial event A. The causal judgements of adults and 6-7-year-olds differed between the conditions, but this was not the case for 4-year-olds' judgements. However, unlike those of adults, 6-7-year-olds' intervention judgements were not affected by condition, and causal and intervention judgements were not reliably consistent in this age group. The findings support the claim that temporal information provides an important cue to causal structure, at least in older children. However, they raise important issues about the relationship between causal and intervention judgements.

Respecting autonomy without disclosing information

There is widespread agreement that it would be both morally and legally wrong to treat a competent patient, or to carry out research with a competent participant, without the voluntary consent of that patient or research participant. Furthermore, in medical ethics it is generally taken that that consent must be informed. The most widely given reason for this has been that informed consent is needed to respect the patient’s or research participant’s autonomy. In this article I set out to challenge this claim by considering in detail each of the three most prominent ways in which ‘autonomy’ has been conceptualized in the medical ethics literature. I will argue that whilst these accounts support the claim that consent is needed if the treatment of competent patients, or research on competent individuals, is to respect their autonomy, they do not support the claim that informed consent is needed for this purpose.

The Credibility and Authoritativeness of Documentary Information in Determining Refugee Status: The Canadian Experience

This article reviews the origins of the Documentation, Information and Research Branch (the 'Documentation Center') of Canada's Immigration and Refugee Board (IRB), established in 1988 as a part of a major revision of the procedure for determination of refugee status. The Documentation Center conducts research to produce documents describing conditions in refugee-producing countries, and also disseminates information from outside. The information is available to decision-makers, IRB staff, counsel and claimants. Given the importance of decisions on refugee status, the article looks at the credibility and the authoritativeness of the information, by analyzing the structure of information used. It recalls the different types of information 'package' produced, such as a country profiles and the Question and Answer Series, the Weekly Madia Review, the 'Perspectives' series, Responses to Information Requests and Country files, and considers the trend towards standardization across the country. The research process is reviewed, as are the hiring criteria for researchers, the composition of the 'collection', how acquisitions are made, and the development of databases, particularly on country of origin (human rights material) and legal information, which are accessible on-line. The author examines how documentary information can be used by decision-makers to draw conclusions as to whether the claim has a credible basis or the claimant has a well-founded fear of persecution. Relevant caselaw is available to assess and weigh the claim. The experience of Amnesty International in similar work is cited for comparative purposes. A number of 'safeguards' are mentioned, which contribute to the goal of impartiality in research, or which otherwise enhance the credibility of the information, and the author suggests that guidelines might be drafted to explain and assist in the realization of these aims. Greater resources might also enable the Center to undertake the task of 'certifying' the authoritativeness of sources. The author concludes that, as a new institution in Canadian administrative law, the Documentation Center opens interesting avenues for the future. Beacause it ensures an acceptable degree of impartiality of its research and the documents it produces, it may be a useful model for others tribunals adjudicating in fields where evidence is either difficult to gather, or is otherwise complex.

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.

The effect of using claim confirming product cues on the product claim credibility: is seeing believing?

The Cue Utilization Theory establishes that all products are made of multiples cues that may be seen as surrogates for the intangible attributes that make up any given product. However, the results of many years of research have yet yielded little consensus as to the impact generated by the use of such cues. This research aims to contribute to the discussion about the importance of intrinsic cues by investigating the effects that the use of product cues that confirm the product claim may have on Claim Credibility (measured through Ad Credibility), and also on consumers’ Purchase Intention and Perceived Risk toward the product. An experiment was designed to test such effects and the results suggest the effects of the use of Claim Confirming Product Cues depend on consumer’s level of awareness about such cue, and that when consumers are aware of it, Ad Credibility and Purchase Intention increase, as Perceived Risk decreases. Such results may have implications to academicians and practitioners, as well as may provide insights for future research.

Complexity and information technologies: an ethical inquiry into human autonomous action

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Using Context Information to Re-architect a System

Successful software systems cope with complexity by organizing classes into packages. However, a particular organization may be neither straightforward nor obvious for a given developer. As a consequence, classes can be misplaced, leading to duplicated code and ripple effects with minor changes effecting multiple packages. We claim that contextual information is the key to rearchitecture a system. Exploiting contextual information, we propose a technique to detect misplaced classes by analyzing how client packages access the classes of a given provider package. We define locality as a measure of the degree to which classes reused by common clients appear in the same package. We then use locality to guide a simulated annealing algorithm to obtain optimal placements of classes in packages. The result is the identification of classes that are candidates for relocation. We apply the technique to three applications and validate the usefulness of our approach via developer interviews.

Taking an Object-Centric View on Dynamic Information with Object Flow Analysis

A large body of research analyzes the runtime execution of a system to extract abstract behavioral views. Those approaches primarily analyze control flow by tracing method execution events or they analyze object graphs of heap snapshots. However, they do not capture how objects are passed through the system at runtime. We refer to the exchange of objects as the object flow, and we claim that object flow is necessary to analyze if we are to understand the runtime of an object-oriented application. We propose and detail Object Flow Analysis, a novel dynamic analysis technique that takes this new information into account. To evaluate its usefulness, we present a visual approach that allows a developer to study classes and components in terms of how they exchange objects at runtime. We illustrate our approach on three case studies.

The Effect Of Misleading Prior Information On The Subjective Visual Vertical

When tilted sideways participants misperceive the visual vertical assessed by means of a luminous line in otherwise complete dark- ness. A recent modeling approach (De Vrijer et al., 2009) claimed that these typical patterns of errors (known as A- and E-effects) could be explained by as- suming that participants behave in a Bayes optimal manner. In this study, we experimentally manipulate participants’ prior information about body-in-space orientation and measure the effect of this manipulation on the subjective visual vertical (SVV). Specifically, we explore the effects of veridical and misleading instructions about body tilt orientations on the SVV. We used a psychophys- ical 2AFC SVV task at roll tilt angles of 0 degrees, 16 degrees and 4 degrees CW and CCW. Participants were tilted to 4 degrees under different instruction conditions: in one condition, participants received veridical instructions as to their tilt angle, whereas in another condition, participants received the mis- leading instruction that their body position was perfectly upright. Our results indicate systematic differences between the instruction conditions at 4 degrees CW and CCW. Participants did not simply use an ego-centric reference frame in the misleading condition; instead, participants’ estimates of the SVV seem to lie between their head’s Z-axis and the estimate of the SVV as measured in the veridical condition. All participants displayed A-effects at roll tilt an- gles of 16 degrees CW and CCW. We discuss our results in the context of the Bayesian model by De Vrijer et al. (2009), and claim that this pattern of re- sults is consistent with a manipulation of precision of a prior distribution over body-in-space orientations. Furthermore, we introduce a Bayesian Generalized Linear Model for estimating parameters of participants’ psychometric function, which allows us to jointly estimate group level and individual level parameters under all experimental conditions simultaneously, rather than relying on the traditional two-step approach to obtaining group level parameter estimates.

Conceptual Information Compression and Efficient Pattern Search

This paper introduces an encoding of knowledge representation statements as regular languages and proposes a two-phase approach to processing of explicitly declared conceptual information. The idea is presented for the simple conceptual graphs where conceptual pattern search is implemented by the so called projection operation. Projection calculations are organised into off-line preprocessing and run-time computations. This enables fast run-time treatment of NP-complete problems, given that the intermediate results of the off-line phase are kept in suitable data structures. The experiments with randomly-generated, middle-size knowledge bases support the claim that the suggested approach radically improves the run-time conceptual pattern search.

Packaging as a vehicle of nutritional information for children: Enhancing children’s perceptions of healthy food

Field lab in marketing: Children consumer behaviour

Improving understandability in consumer health information search: Uevora @ 2016 fire chis

This paper presents our work at 2016 FIRE CHIS. Given a CHIS query and a document associated with that query, the task is to classify the sentences in the document as relevant to the query or not; and further classify the relevant sentences to be supporting, neutral or opposing to the claim made in the query. In this paper, we present two different approaches to do the classification. With the first approach, we implement two models to satisfy the task. We first implement an information retrieval model to retrieve the sentences that are relevant to the query; and then we use supervised learning method to train a classification model to classify the relevant sentences into support, oppose or neutral. With the second approach, we only use machine learning techniques to learn a model and classify the sentences into four classes (relevant & support, relevant & neutral, relevant & oppose, irrelevant & neutral). Our submission for CHIS uses the first approach.