EU India Research Articles

Patentability of Computer Program Algorithms in the G20 States

Ubiquitous computerization and digitalization are contributing to the unprecedented growth of the software market. Computer programs are protected as subject of copyright law in international law and domestic legal systems. However, copyright law does not protect the interests of the copyright holder from borrowing ideas and algorithms which often have agreat commercial value. This circumstance has prompted the legal science and law enforcement practice of the most developed states to justify the possibility of protecting computer programs and their algorithms. The leading states chosen for in this paper are the G20 states. The relevance of this choice is due to the following: 1) The G20 states account for 86% of global GDP; 2) All world leaders in computer software development are G20 members; 3) All BRICS states are G20 members; 4) The law-and-orders of the G20 states are relevant to all existing traditions of the legal protection of intellectual property in the world. The legal systems of the G20 states follow one of three approaches according to the criterion of patentability of computer programs and their algorithms. We call the first approach “neutral.” It includes States which legislation does not explicitly prohibit the patenting of computer programs, but computer programs themselves are not mentioned among the subject matters of inventions. The second (“positive”) approach includes those states which legislation explicitly classifies computer programs as patentable inventions. On the contrary, the third (“negating”) approach includes states where it is legally established that computer programs as such are unpatentable. The results of the research demonstrate that there is no direct correlation between the way of solving the issue of patentability of computer program algorithms in different legal systems and the state’s place in the global IT market. For example, the United States and China take aneutral approach, Japan takes apositive approach, the EU Member States and India take anegating approach. We believe that the most flexible approach is aneutral approach from the point of view of patent law policy. The most liberal and consistent approach is the positive approach presented by the Japanese legal system. Finally, the negating approach is the most controversial and at the same time widespread among the G20 and BRICS states.

Финансовое и налоговое регулирование жилищно-коммунальной сферы: зарубежный опыт

The article is devoted to solving the urgent task of the expanding the sources of extrabudgetary funding of the housing and utilities secor through the use of elements of tax regulation. The purpose of the study is to analyze and summarize the literature on foreign experience in financing and tax regulation of the housing and communal sphere and to assess the possibilities of its application in Russian practice. Methods of comparison, grouping, logical generalization, tabular presentation of data, expert evaluations were used for the study. As a result of the research, the features of the housing and utilities sphere as an object of financial and tax regulation were revealed. The authors characterized the models and methods of financing of sector used in the EU countries, the USA, China and India, including the degree of state intervention, distribution of powers and responsibilities by management levels, use of the mechanism of publicprivate partnership, creation of joint ventures with foreign capital, issue of infrastructure bonds, implementation of energy saving programs. The approaches to issuing municipal infrastructure bonds in the U.S. and India are presented. Attention is focused on the differences in the distribution of EU countries in terms of the volume and structure of the use of the public-private partnership mechanism. The sources of financing for the implementation of energy efficiency projects in the EU countries are systematized. The article analyzes the foreign practice of tax regulation to increase the investment attractiveness of financial instruments in the modernization of utility infrastructure facilities, exemption from taxation of municipal infrastructure bonds in the United States and India, and improving energy efficiency in the housing sector through the use of tax incentives for the implementation of energy efficiency projects and energy service contracts in Italy, the Netherlands, Romania, Slovenia, the Czech Republic and Sweden. The article also substantiates the possibilities of adapting those methods of financial and tax regulation of infrastructure bonds turnover and implementation of energy service contracts to expand non-budgetary sources of the housing and communal sphere financing in the Russian Federation.

Joint Bodies and the Regularization of Strategic Interaction: A Comparison of the European Union's Strategic Partnerships with Japan and India

AbstractIn recent years, the European Union's strategic partnerships have undergone a new wave of institutionalization. Relations with both India and Japan are a case in point: after a decade or more of under‐institutionalized and situational interaction generally framed by political declarations, a more contractual model of bilateral relations has emerged and with it the proliferation of joint bodies. Such joint bodies and the overall regularization of bilateral contacts play an important but largely overlooked role in sustaining the strategic partnership. This article assesses the rationale and performance of joint institutional frameworks devised for the EU–Japan and EU–India strategic partnerships. Informed by an original conceptual approach, the article assesses the regularization and intensification of strategic interaction in these two partnerships.

Some problems of security management of “Smart cities” and ways to solve them based on the criteria modeling methodology

In the EU countries, South Korea, China, Russia and India, smart city technologies are being introduced that allow improving the efficiency of critical infrastructure management. In large systems with many critical components, such as smart cities, there are always a huge number of threats and vulnerabilities. Often in such cases, a security system is built against a limited number of threats and vulnerabilities. It is necessary to control not how vulnerable, but how thorough, high-quality, reliable security systems are. And if they are not controlled, then large cognitive distortions can appear in security management. Criteria modeling methodology) allow us to solve this problem and ensure the efficient functioning of a smart city. Criteria modeling methods make it possible to significantly facilitate the control of security and stability of the entire set of cybernetic systems and smart city technologies. The article describes a criteria modeling methodology that allows you to identify and take control of all threats and vulnerabilities, and above all those that cannot be eliminated. This methodology is described and the benefits of using it in smart city security management are given. The application of this methodology makes it possible to prevent the occurrence of cognitive distortions in security management, control existing vulnerabilities and timely redistribute resources allocated to security.

Online pharmacy: customer profiling

Abstract Introduction: Nearly three out of four European citizens purchase goods online. The main advantages of using an online pharmacy are lower prices and convenience. In addition, patients appreciate a higher degree of privacy and access to a wider selection of health products. Study shows that the number of online users is on the rise in major countries like the USA, EU member states or India. Methods: The study is based on data collected in April 2020 at the country level (Romania) from a sample of 789 adults over the age of 18, using CATI. A simple random sampling procedure was applied, with a confidence interval of 3.5% and a confidence level of 95%. Results: About 17.7% of Romanians have purchased healthcare products through online pharmacies or drugstores, of those 60% are women, between 30 - 64 years old (84 %), have a monthly income of more than 2700 lei (90%), and a university degree (76%). The most common reasons for choosing an online pharmacy are the ability to compare prices, shop quickly, and have prompt access to items and information, together with a wider range of products. Conclusions: Respondents’ motivation to use online pharmacies appears to be more related to the benefits of the online media, rather than to some unmet needs in brick-and-mortar pharmacies. Search capabilities, access to more information, price comparison, as well as a larger range of products and availability 24/7 are some reasons why patients utilise online pharmacies to purchase medicines.

Building on open economy politics to understand the stalled EU–India trade negotiations

Abstract Global trade governance is increasingly characterized by a growing fragility in multilateral institutions and a preference for bilateral negotiations. The literature on such negotiations focuses primarily on successful agreements. Academic research on unsuccessful or stalled bilateral talks is limited, although better understanding of such outcomes may provide lessons for future negotiations. This article contributes to such understanding by proposing a revised open economy politics (OEP) framework, adapted to ‘second generation’ OEP analysis. Our framework highlights the multidirectional linkages between the trinity of interests, institutions and international interactions within trade negotiations, while adding the role of power and ideas to the analysis. We leverage our revised framework to explore why the European Union–India Free Trade Agreement (EUIFTA) negotiations stalled, thus providing insights as negotiators seek to revive them. Drawing on 45 semi-structured interviews conducted over a seven-year period in the EU and India, we examine what impact these different factors had on the progress of talks. Our results suggest that our revised OEP approach provides a multi-layered and integrated framework which enables us to better understand negotiating outcomes. Furthermore, our findings suggest that the shifting balance between emerging economies and developed economies as a result of the geopolitical (power) shifts and ideational change will affect future trade negotiations.

What’s in a tweet? Twitter’s impact on public opinion and EU foreign affairs

This paper uses text mining and sentiment analysis of Twitter posts to explore the EU’s diplomatic communication practices and to measure public opinion on foreign affairs. Building on an original dataset of almost one million tweets from the past five years, this analysis reveals differences in public perceptions of the EU’s relationship with China, India and Russia. Attitudes are most positive in the case of the EU–India relationship, followed by EU–China and EU–Russia. Furthermore, the paper examines hundreds of official EU Twitter accounts, specifically their communications on diplomatic relations with these countries. A main finding is that the EU talks about its diplomatic relations in more positive terms than the wider public, though this verbal politeness effect is less pronounced in the case of EU–Russia relations.

Buckling length of reinforced concrete columns in non-sway constructions

The paper presents a comparison of methods of determining the buckling length of reinforced concrete columns in non-sway frames. The comparison was made on the basis of guidelines issued by Poland some EU countries, USA and India. Differences in approaches and values of buckling length coefficients of columns calculated according to these guidelines are shown. An example of the calculation of column buckling length coefficients on selected multi-span, multi-storey non-sway frames is given.

“Training for peace” – a universal practise? How micro processes are impacting the likelihood of an EU–India cooperation in peacekeeping

ABSTRACT Why have the EU and India been unable to explore the common potential of their partnership in peacekeeping training? Drawing upon the literature of practice theories and the concept of community of practices, as well as semi-structured interviews with policy-makers and peacekeeping trainers from India and the EU, policy documents and participant observation, the article explores the complementarity of structures of the EU’s and India’s training communities and discusses the implicit knowledge which is guiding the practices of actors. Thereby, the article moves away from offering structural explanations, such as diverging strategic interests, which have dominated the literature on the EU’s external relations with Asia. Comparing the practice communities, the article finds substantial divergence in the material and ideational structure of training institutes. Moreover, the article illustrates that the disposition of actors in the Indian training community is characterised by the unspoken understanding that India’s training philosophy is more compatible with other countries from the Global South. While both structures, as well as dispositions of actors are unfavourable vis-à-vis an EU–India partnership in peacekeeping training, the article concludes that by addressing familiarity gaps among training communities, divergences in structures and dispositions can be overcome.

Global auto industry and product standards

Global auto industry and product standards

Legal instruments for stimulating environmentally friendly behavior: successful practices in Russia and abroad

This paper presents an analysis of the most successful legal tools to stimulate environmentally friendly behavior of the population. The relevance of studying this issue follows from the disappointing data of the official statistics of the Organization for Economic Cooperation and Development, according to which air pollution can lead to premature death of 6-9 million people by 2060. Using the example of Russia, the EU countries, the USA, India and Japan, the specifics of state influence are revealed with the aim of stimulating “green” behavior of the population, the advantages and disadvantages of various approaches to state regulation in the environmental sphere are considered. Foreign experience is analyzed through the prism of the potential for its further reception in Russia - for example, it is proposed to turn to the practice of India, expressed in the functioning of a separate environmental court; special attention is paid to foreign experience in providing benefits and state assistance in the acquisition of electric cars. Despite the fact that achieving socially desirable behavior is possible through the imposition of sanctions, measures to stimulate environmentally friendly behavior can also be an effective way of influencing public relations, as they can lead to the formation of environmental legal awareness, lead to conscious and responsible, socially active behavior in relation to the environment. In the process of preparing the paper, an extensive regulatory and scientific material was studied (including using the legal research services such as Consultant Plus, Garant and Westlaw Academics), and the research methodology was both special legal (rather-legal, technical) and general scientific methods (analysis, synthesis, deduction, induction, etc.).

PNS262 GLOBAL TRENDS IN REGULATORY LEGISLATION FOR POST MARKETING SURVEILLANCE (PMS) REAL-WORLD EVIDENCE (RWE) STUDIES AND THE SECONDARY USE OF HEALTH DATA IN PMS STUDIES.

Describe regulatory legislation for PMS RWE studies, and the secondary use of health data including administrative, electronic health record (EHR) and claims databases in PMS studies in Europe and seven AsiaPacific and Latin American countries. We reviewed local country regulatory websites and the European Network of Centers for Pharmacoepidemiology and Pharmacovigilance (ENCePP) website. We also searched for relevant publications in PubMed from January 2015 to December 2018. In Europe, 18/28 countries have specific legislation for the secondary use of health data. The number of data sources available rose from 83 in 2017 to 134 in 2019 (61% increase), supporting about 140 PASS in 2017 and 193 in 2019. The majority of regulatory decision making is based on only 34 databases in 13 EU countries. Similar to many EU countries, Brazil, India, Japan, mainland China, Mexico, South Korea, and Taiwan, request PMS RWE. In Asia and Mexico, the trend is to request primary data collection of exposed patient cohorts with prospective follow-up, also in Japan, South Korea, and Taiwan, where comprehensive national databases are available. In Brazil, there has been an increase in the use of structured databases to generate RWE for PMS in 2018. Regulators have been and will likely increasingly accept or request secondary use of health data in PMS studies to observe drug effects in routine practice conditions and larger and more diverse populations, provided the studies use fit for purpose databases, assessed by experts in the field who use correct methodologies and validation where needed. Existing comprehensive and representative EHR/claims databases available in Brazil, Japan, South Korea, and Taiwan, are expected to be used more in PMS studies. We eagerly anticipate regulatory secondary use of health data guidance documents in Asia, several EU countries and Latin America.

Modelling Effects of Tariff Liberalisation on India’s Key Export Sectors: Analysis of the EU–India Free Trade Agreement

Trade agreements are increasingly being negotiated between developed and emerging economy partners. An example is the EU–India Free Trade Agreement (FTA) for which negotiations began in 2007. There has been a debate on the potential effects of the proposed FTA and how this can impact on India’s key export sectors. Our study addresses this aspect from a global computable general equilibrium (CGE) modelling perspective. Using the Global Trade Analysis Project (GTAP) framework, we analyse trade and welfare impacts of the proposed FTA between the EU and India. Two scenarios are modelled: first, complete and immediate elimination of tariff on all goods traded and second, selective tariff elimination on textiles, wearing apparel and leather goods—products in which India has a comparative advantage. Results under both scenarios show that India enjoys positive welfare effects though there is a possibility of trade diversion. Under scenario 1, India loses due to a negative terms of trade (ToT) effect. Under scenario 2, with selective sectoral liberalisation, gains are mainly concentrated in the textiles, wearing apparel and leather sectors. There is a positive output effect from change in demand for factors of production, suggesting that the proposed FTA could lead to relocation of labour-intensive production to India. JEL Classification: F15, F47, F62

The tables have turned on the European Commission: the changing nature of the pre-negotiation phase in EU bilateral trade agreements

ABSTRACTWe argue that one prime source of Commission autonomy in bilateral trade negotiations was the informational advantage that it acquired during the pre-negotiations, which is the phase preceding the adoption of negotiating directives by the Council. Initially, the Commission was entirely unmonitored owing to the lack of Treaty provisions applying to this stage in the negotiations. The Commission used this information asymmetry strategically vis-à-vis the Council to move outcomes closer to its ideal point. Later, member states have stepped up police-patrol monitoring manifesting itself empirically through two different channels. First, they have shifted the institutional arena for more political aspects to annual ministerial meetings. Second, preparatory works on a technical level are today followed by national experts. We examine this argument by adopting a principal–agent perspective and against the backdrop of EU–India relations.

Bilateral Climate Cooperation: The EU’s Relations with China and India

Scholars of global climate governance have focused increasingly on alternative venues to the UN climate regime, with much attention focusing on the growth of transnational climate governance. This article considers the phenomenon of bilateral intergovernmental climate cooperation. It seeks to understand the development of EU–China and EU–India climate cooperation as possible instances of diffusion of ideas, policies, and institutions. While Chinese and Indian climate policies should be understood as primarily domestic developments, there is some limited evidence of diffusion from the EU to China. Domestic factors in China and India—particularly the degree of fit between externally promoted and pre-existing domestic ideas and frames and the underlying material conditions driving these frames—help to explain the variation between the two cases with respect to observed patterns of diffusion.

Intimate yet dysfunctional? The relationship between governance and conflict resolution in India and the European Union

The rise of India and the EU as global actors has sparked growing interest in their peace-building approaches. This paper compares the objectives and effects of the EU's and India's engagement in different conflict contexts within and alongside their borders. It examines whether their practices of conflict resolution or peace-building strive for more than conflict management or ‘governmentality’. This article asks whether there is sufficient consistency across either actors' governance interventions to even speak of a distinct ‘strategy’ or ‘governance culture’. It illustrates the close relationship between governance and conflict response initiatives but finds that the relationship is often dysfunctional.

European Union–India Trade Negotiations: One Step Forward, One Back?

AbstractThis article contributes to debates on the proliferation of bilateral free trade agreements (FTAs), by analysing novel empirical material: the EU–India FTA negotiations, which have attracted little academic scrutiny. By elaborating on the underlying negotiating interests and strategies of the EU and India, the article examines the significance of overarching interests in ongoing negotiations and articulates the defensive and offensive interests of both parties. It presents a vision of the controversial and milieu‐shaping interests at stake, which offer an alternative theoretical explanation for the pursuit of FTAs, and highlights possible outcome scenarios.

The Evolving and Multilayered EU–India Investment Relations—Regulatory Issues and Policy Conjectures

AbstractIndia and several EU member countries share a rich history of investment collaborations. The collaboration has been cemented with several formal agreements with individual EU members, and the recent negotiations with the trade bloc since June 2007 on a broad‐based Bilateral Trade and Investment Agreement (BTIA) can be considered as a culmination of this process while ongoing WTO negotiations on Mode 3 commitments remain essential in terms of market opening. The present article analyzes the multi‐layered regulation of foreign investment against the backdrop of the evolving EU‐India economic relations. The 2009 Treaty of Lisbon gave a new competence to the EU which will impact ongoing negotiations with India whose global standing has been significantly changing in recent years. The economic vibrancy, coupled with large market size, has earned India greater relevance in several international forums, thereby making the future EU—India investment treaty one of the most promising investment agreements.

The Current Trade Paradigm and Women's Health Concerns in India: With Special Reference to the Proposed EU-India Free Trade Agreement

India is currently negotiating a Free Trade Agreement with the European Union, which includes not only liberalization of commodity trading, but also a wide range of chapters including deep services trade liberalization, full investment liberalization, and stricter IPR conditions than the TRIPS norms. As trade is an engine of growth and development, India’s trade policy has many goals to meet. India shows high poverty level, increasing income and social inequalities as well as deep seated gender inequalities. Health is an area of special concern in the context of gender inequalities. Arguably, where there is a constraint on health care access, whether due to education, income or location, women experience a greater constraint compared to men. Since the EU India FTA covers many areas which are known to have serious implications for health, this needs detailed analysis. Liberalisation of health services coupled with investment liberalization, TRIPS plus provisions in the IPR chapter are some concern areas and can affect the access to medicines and treatment, as well as to food. In addition, the way deep trade liberalization uses women’s labour and imposes adverse working conditions on them is another aspect which must be taken into account. Domestic policy space at the disposal of the Indian government to address gender inequalities and change the social structure, can also be undermined the FTA. Therefore, an analysis and evaluation of health impacts of this FTA on Indian women is necessary. The need to indicate suitable policy interventions, both in the trade agreement and in the domestic socio economic environment, to maintain and encourage women’s access to health and healthcare, is undeniable. This study is an attempt to provide such an analysis in simple terms.

Potential Benefits from a Deep EU–India Free Trade Agreement

Both parties to an eventual EU India FTA have agreed that it should not merely address tariff barriers but should also go further into what is known as deep integration, originally developed in the 1990s by R.Z. Lawrence. This relates to the removal of all obstacles to cross border business whether actual trade barriers or domestic regulations. We distinguish deep institutional integration from the deep integration of markets. We ask the question how one may support the other. There are potential market failures that can be addressed by trans-national rules on standards and technical regulations and services, but we conclude that the biggest impact of a deep RTA would be on the domestic economy of India if it provides an opportunity for reform. It should be noted that the paper draws on a study undertaken by the authors for DG Trade, but it represents only the views of the authors.