Prior Rights Research Articles

律师会见权的保障与规范

会见权是辩护权的衍生权利，其产生与发展见证着刑事法律文明的进程。保障律师会见权是维护犯罪嫌疑人、被告人合法权益的关键，但片面的强调会见权优先不符合案件侦破的客观规律。律师会见权制度的设置，应当围绕保障与规范两个中心来进行。实践当中“会见难”的难题一直在困扰着广大职业律师，另一方面，对于律师会见行为的合法性缺乏有效的监管，律师会见仍然存在一些是否“正当”的困惑。为此，有必要厘清律师会见权的保障与规范的法律意义，立足律师会见的现状与问题，完善律师会见权的保障机制，合理地规范律师会见权。 The right of interview is the derivative right of the right of defense, and its emergence and development have witnessed the progress of criminal legal civilization. It is the key to safeguard the legitimate rights and interests of the criminal suspect and the defendant, but the one-sided emphasis on the right of priority does not accord with the objective law. The establishment of the system of lawyer’s interview right should be carried out around the two centers of security and standardization. In practice, it is difficult to meet the lawyer, and on the other hand, there is the lack of effective supervision of the legality of the lawyer’s interview behavior, and there is still a “legitimate” confusion. Therefore, it is necessary to clarify the legal meaning of the right to interview and regulate the lawyer’s right to interview, and according to the problems arising from the meeting of lawyers, to improve the security mechanism of the right to right to interview lawyers.

Determination of the Amount of Minor Children Support in Court

. International instruments and Russian legislation treat the right of the child to care and material support as the priority rights. In real life, this right is not always ensured. More than two million children in Russia do not receive child support. It is necessary to work on the further strengthening of legal safeguards for minor children left without sufficient support. The establishment of a minimum size of child support collected in favor of minors will eliminate the instances of unjustified reduction of the child support amount. The author considers erroneous the judicial practice aimed at determining the amount of child support in accordance with the debtor's obligation to support other children. The paper justifies a differentiated approach to determining the rates applied to calculate the amount of child support based on a regressive scale depending on the income of the debtor. Based on international law and Russian legislation concerning the priority of the rights and interests of minor children, it is proposed to provide for the possibility of compensating the amounts unpaid by debtors from state funds in the Russian family legislation. It is unacceptable to limit the right of adult children, who had the right to child support, to recover penalties when such claims are made after the expiry of a three-year period from the moment when they reach the age of majority.

Stephanorhinus elatus(Rhinocerotidae, Mammalia): proposal for the conservation of the earlier specific name and designation of a lectotype

Croizet & Jobert (1828) described as Rhinoceros elatus a large rhinoceros from the late Pliocene deposits of the Puy-de-Dome District (Auvergne, France). In the following century and a half, the species had been sporadically recognized and its name had been almost forgotten. Guerin (1972) described as Dicerorhinus jeanvireti the remains of the same species from the locality of Vialette (Haute-Loire, France), pretending that “elatus” was a nomen oblitum. After that, the name “jeanvireti” was used by most of the following authors. At present, there is general agreement in the literature that the two names are synonyms but some authors prefer “elatus” while others use “jeanvireti”, thus leading to increasing confusion. The present investigation reveals that “elatus” deserves the right of priority because in 1972 it was not a nomen oblitum. The younger synonym “jeanvireti”, according to the rules of the International Code of Zoological Nomenclature, cannot be considered a valid name. Furthermore, most of the rhinoceros remains described by Croizet & Jobert (1828), namely the syntypes of the species, are still existing and are housed at the Museum national d'Histoire naturelle in Paris. Since this material has never been described in detail after Croizet & Jobert's work, it is revised in modern key and compared to close fossil species. Among this material, an articulated anterior leg is hereby designated as lectotype of the species Stephanorhinus elatus Croizet & Jobert, 1828.

Post priority year transfer of priority rights

Post priority year transfer of priority rights

China's problematic recognition of a right of priority based on an application filed in Taiwan

Before China entered into the ‘Cross-Strait Agreement on Intellectual Property Rights Cooperation and Protection’ with Taiwan, China did not recognize a right of priority based on a Taiwan application. Under Article 2 of the Cross-Strait IP Agreement, China agreed to permit Taiwanese applicants to claim priority based on their Taiwan applications. China has issued three regulations to comply with Article 2. However, by doing so, China violates Article 2.1 of the TRIPS Agreement because a Taiwan application is a legitimate foreign application under Article 4 of the Paris Convention and, therefore, non-Taiwanese applicants may claim priority based on a Taiwan application. China also violates the doctrine of ‘Most-Favoured-Nation (MFN) Treatment’ under Article 4 of the TRIPS Agreement because the grant of priority based on a Taiwan application is only applicable to Taiwanese applicants, which discriminates against non-Taiwanese applicants of any WTO member states other than Taiwan.

From Dissertation to Litigation: The First-to-Invent System Versus the First-to-File System: A Comparative Analysis in Light of the Legal Dispute Over the CRISPR CAS9

With the recent implementation of the Leahy-Smith Act (America Invents Act), the landscape of the United States patent system has undergone a massive transformation. This reform aimed to substantially harmonize in an international level certain aspects of patent law. The purpose of this paper is to elucidate the differences between the first-to-invent system and the first to file system concerning the creation of priority rights in patents. The paper will also deal with the interpretation of 35 U.S.C. §102, §103 and §112 and the applicable legal standard for evaluating patentability. The same analysis, on the legal standards applied to patentability, is also considered in light of the European Patent Convention. The approach taken for this investigation is a practical one. This paper analyses a case currently ongoing in two major jurisdictions, U.S. and Europe. Centering on a new and revolutionary technology named CRISPR Cas9. CRISPR Cas9 is a method for gene editing created a few years ago by studying bacterial immune response. This method has had a significant impact in biomedicine and is considered as the next generation of genetics.

Pre-Emption, Back-In And Redemption Rights As Well As The Right Of Priority In Acquisition Of Real Estate

Abstract Among factors that might significantly diversify common and economic trading, in particular trading in real estate, pre-emption, back-in and redemption rights, as well as the right of priority in acquisition play an important role. These legal instruments, despite certain differences in their legal structures, serve a similar function. Namely, they may be utilized for the purpose of affecting the preferred ownership structure. The legislator in pursuit of the assumed ownership structure may – through the instruments of the pre-emption right, back–in right, redemption right and the right of priority in acquisition – particularly with their statutory character - restrict freedom to trade in ownership with regard to the selection of the real estate purchaser. Simultaneously, in the contracting process, the parties face a certain manner of proceeding imposed, the purpose of which is to conclude the contract on transferring real estate ownership with the partner preferred by the legislator. In certain cases, the legislator goes even further, granting the eligible party a claim under which the eligible party may demand that the party obliged shall submit an appropriate declaration of will, and in the event that the party obliged refuses – the eligible party may seek the judgment of the court replacing that declaration. Proper navigation in the field of real estate trading, in particular with regard to transactions in which the pre-emption right, back-in right, and redemption right, or the right of priority in acquisition is reserved for defined entities, requires defining the legal character of the given instrument, the manner of executing the due right by the eligible party, results of the failure of the parties to the contracting process to fulfill the obligations imposed by the act, and finally, defining whether there are means for the compulsory execution of the power guaranteed by the act and, if yes, what these means are.

Dynamic Routing Control Based on Information Priority and Its Application to Monitoring Sensor Networks

SUMMARYA routing method with dynamic channel selection in wireless sensor networks is an effective way to specify a route. It is different from communication between nodes in a common channel and is able to transmit data including attribute information. In this case, nodes located in the middle of a route use different channels, normal communication between nodes is temporarily interrupted, and throughput decreases as a result. For applications to be built by another wireless network, this method holds promise as an effective communication traffic–control method for situations such as emergency information that must be sent immediately. In this paper we propose a time‐division communication system that can give priority rights to data transmission including attribute information by adding a priority information component to the transmission data packet. This method has the rule that routers temporarily string together as relay nodes in the priority path, and other relay nodes not on the path pause while the priority path is active.

The New .Africa Top Level Domain: An African Initiative in Ensuring Africa's Rightful Place on the Global Network

The new gTLD programme of the Internet Corporation for Assigned Names and Numbers (ICANN) is the single most important development since the privatisation of the DNS in 1998. The management of the Domain Name System (DNS) has developed from a modest undertaking to its current explosive expansion through the new gTLD programme. Africa has boldly entered the arena through the delegation of the .Africa gTLD. This new development heralds an innovative era in the management of the DNS, especially for Africa. The dotAfrica gTLD launch strategy offers several advantages to African governments and traders alike. One of the innovative features of the management of dotAfrica is the fact that a broader set of rights including commercial, cultural, linguistic, religious and personal rights will be protected. Furthermore, African trade mark proprietors and other rights holders are protected, initially at least, by various innovative rights-protection mechanisms. This development is important for African governments and it should form an integral part of right holders' intellectual property management strategy. Keywords: dotAfrica; new gTLD programme; trade mark rights; sunrise period; priority rights; dispute resolution; ICANN; ZACR; mark validation system; rights protection mechanisms; land rush phase; reserve names list; trademark clearing house; African Union Commission.

Priority right of Land Users to Conclude a New Land Rental Contract

Abstract (EN) The paper deals with the problem of priority right of land users to conclude a new land rental contract from two points of view. The first one is what kind of legal protection can be used by land user if the land owner (landlord) violates his priority right guaranteed by the law. The second point of view is oriented to the ownership right of landlord as one of the human rights and its limitation in favour the land users.

Blocking improvement for high priority in differentiated OBS networks through preemption and buffer-limitation

Delay preemption that combines the techniques of preemption and small buffers is an efficient solution for burst contention. However, due to the phenomenon of over-usage on buffer, the low-loss demand of high priority is not ensured especially in high traffic states. In this article, to improve the blocking of delay preemption, we propose a modified scheme named limited delay preemption based priority (limited-DPP) that constrains the buffered right of low priority within the moderate and high traffic states. To validate the efficiency of limited-DPP, the comprehensive analysis and simulation are performed in terms of loss and buffering time.

Genres, styles and discourse communities in global communicative competition: The case of the Franco–American ‘AIDS War’ (1983–1987)

This article compares the rhetorical strategies employed by American and French scientists in the research article introductions published by both research teams during the so-called ‘AIDS War’ (1983–1987). The controversy concerned priority rights for the discovery of the AIDS virus. Using Swales’s (1990) CARS model as a comparative template, the results indicated that while the Americans proceeded with a deductive, bold and highly elaborated pattern of rhetorical presentation, the French opted for an inductive, more nuanced and unelaborated rhetoric which prioritized the communication of scientific content at the expense of the writers’ attitude and personal perspective. The observed variations can be accounted for on the basis of perceptions of what constitutes appropriate academic style during the debate, audience design, power relationships and the sociopolitics of knowledge production in American and French scientific cultures. The article concludes by exploring the implications of these results for the use of English in the resolution of global research problems across the intercultural continuum.

Dynamic Routing Control based on Informed Priority, and its Application to Monitoring Sensor Network

Routing method with dynamic channel selection in wireless sensor networks is an effective to specify a route, is different from communication between nodes in a common channel, and is able to transmit the data included the attribute information. In this case, a node to be located in the middle of a course uses a different channel, a normal communication between nodes is stayed temporarily and throughput decreases as a result. Instead, for applications to be built by another wireless network originally, it could be expected as an effective communication traffic control method that we are able to avail ourselves to this route, such as emergency information need to send data immediately for example. In this study, we propose a time division communication system that can give right of priority for data transmission involved attribute information by adding element of priority information to transmission data packet. This method has the rule that each router comes up relay node in the middle of priority path temporarily occupies as these nodes of the string, and in contrast, lays other relay nodes not on the course stay all the time, while priority path goes on.

A New Solution to the Puzzle of Fifty-Fifty Split in Sharecropping

This paper mainly discusses the puzzle of fifty-fifty split in sharecropping through an improved principal-agent moral hazard framework. Greatly different from the existing literature, this paper finds a new solution to the puzzle of fifty-fifty split in sharecropping. Equal division between the landowner and the tenant regardless of the land’s fertility is incentive compatible, and at the same time the landowner could lease out more fertile land to the relational tenant to improve his utility by using the right of priority. Although fifty-fifty split in sharecropping happens to be fair and comes to be taken for granted as a norm, it is an efficient contractual arrangement in essence.

FREE MOVEMENT OF WORKERS IN THE EUROPEAN UNION: THE EXEMPTION OF EMPLOYMENT IN THE PUBLIC SERVICE

Since the foundation of the European Community the content of free movement of workers and the sphere of its application have been constantly expanding along with the implementation of new regulations providing more and more rights for foreign employees. The first step in eliminating restrictions on free movement for workers was made in 1961 which marked the adoption of the Regulation of EEC No 15/61. It allowed six countries within the Community to continue the policy of favouring nationals in the public sector employment process. Only in case of failure to find the right employee for a position during a certain period of time permitted employment of a national from any other Member State without additional limitations. Still more freedom in the process of employing foreigners was allowed under the Regulation (EEC) No 38/64. It has eliminated any employment priority rights of Member State workers over immigrants. Actually, free movement was allowed with the aim to pursue employment after receiving a concrete job offer from a Member State. Workers were still deprived of the right to take their own initiative to migrate in order to pursue employment within the territory of a foreign Member State. Factual limitations were still able to restrict the migrant workers of certain professions wishing to seek jobs in different economy sectors. The final step in completely attaining the freedom of the labour market was made in 1968 with the adoption of the Regulation (EEC) No 1612/68 under which all the workers within the EU were secured the right of free movement without any restrictions as to the job offer. The main legal norm ensuring free movement of workers is asserted under the Treaty on the Functioning of the EU which regulates movement of workers within the labour market. This provision is of direct application since it provides citizens with the right to refer to this article at the national court. The criterion to apply this Treaty is presence of labour relations irrespective of their legal nature or objectives. Secondary legal acts elaborate on the articles of the Treaty but cannot extend the sphere of its application. Provisions of the Treaty are of the highest legal power which means that secondary law is always derived from the primary law, therefore, can be always amended or abolished if it contradicts the fundamental principles of the Treaty. Moreover, an individual wishing to directly exercise the rights of an EU citizen must own a citizenship of the EU Member State. Nevertheless, the provisions of the Treaty apply only to those activities of the national subjects that are related to crossing the boarder of one of the Member States and coming to work on the territory of another one. In other words, the EU Acts on free movement cannot be applied to those workers who never exercise the right to freely move as employees within the territory of the EU. Besides, the right to free movement is not limitless and those exercising it have to commit to certain liabilities, i.e. to comply with the laws of the hosting state. The Treaty provides national authorities with the right to apply restrictions to free movement of workers, justified by such imperatives as public order, community safety or health as well as by restrictions to be employed in the public services. DOI: http://dx.doi.org/10.5755/j01.eis.0.6.1697

Third-Party Access to Generator-Owned Interconnection Facilities: FERC Seeks the Right Balance

The Federal Energy Regulatory Commission is considering whether to change its policy governing third-party access to generator interconnection facilities owned by generation projects. Currently, owners of these facilities must file an open access transmission tariff upon receiving a request for transmission service from a third party, but may obtain priority rights for service over the facilities under certain circumstances. Project developers have argued that this policy does not sufficiently protect their interests and may discourage the development of needed transmission facilities to connect resources to the grid.

Fisheries Registration and Licensing: A Case Study in Bani, Pangasinan, Philippines

In the Philippines, Fisheries Registration and Licensing (FRL) is embodied in national fisheries laws and local (municipal/city) ordinances. The municipality of Bani in the Province of Pangasinan considers FRL as a feasible strategy to support the sustainable use of its municipal fisheries resources. Spearheaded by the Office of the Municipal Agriculturist (OMAg), Bani initially implemented an FRL system at the municipal level. There was very low compliance under this system primarily because fisher folk from far-flung villages were unable to afford the high transportation costs of going to the town center to register. In response, the local government of Bani devolved fisheries registration to the village level. Through Executive Order #03 enacted by the Municipal Mayor in 2006, village officials were mobilized to implement FRL systems in their jurisdictions. To build their capability to undertake such, they were trained by the OMAg with the assistance of the Sagip Lingayen Gulf Project. Based on the cost-benefit analysis, devolving FRL to the village level has decreased implementation cost and has also shortened the FRL cycle. Compliance rates from 2003 to 2007 revealed that the devolved system has also been effective in increasing the number of registrants. The devolved system is also credited with having facilitated easy and more reliable monitoring of fishing activities given the proximity of village enforcers to fisher folk. Policy-wise, more effective monitoring resulted in more accurate, valid and timely data inputting into the municipality's sustainable fisheries regulation and management decision support system. To date, not all coastal municipalities/cities in the country are implementing an FRL system, despite its crucial role in sustainable coastal governance and in conferring priority rights to municipal fisheries resources to local fisher folk. Given its merits, the Bani experience in devolving FRL could serve as a model that may be replicated in other areas in the Philippines with the same geographic configuration.

John Wallis as editor of Newton's mathematical work

This paper explores Wallis's role as editor of Newton's mathematical work. My objective is to understand how two mathematicians who held different views concerning mathematical method could nonetheless cooperate with one another quite effectively. Most notably, Wallis and Newton pursued different policies as far as the printing of algebra is concerned. In the 1690s Newton held the view that algebra is a heuristic method ‘not worthy of publication’. Wallis, instead, for all his life was keen on making algebraic methods explicit in print. As the analysis of the correspondence between Wallis, Collins and Newton reveals, the methodological tension between Wallis and Newton was resolved in such a way that Newton agreed to print his heuristic methods in Wallis's English Algebra (1685) and Latin Opera (1693–99). Newton wished to guarantee his priority rights on discoveries in algebra and calculus, yet he also sought to avoid any tight authorial commitment towards them. Wallis, in contrast, received from Newton material that turned out to be useful for the fulfilment of a nationalistic programme aimed at eulogizing British mathematicians as well as his own work.

텍스트 마이닝을 이용한 특허정보검색 개발에 관한 연구

The patent information retrieval system can serve a variety of purposes. In general, the patent information is retrieved using limited key words. To identify earlier technology and priority rights repeated effort is needed. This study proposes a method of content-based retrieval using text mining. Using the proposed algorithm, each of the documents is invested with characteristic value. The characteristic values are used to compare similarities between query documents and database documents. Text analysis is composed of 3 steps: stop-word, keyword analysis and weighted value calculation. In the test results, the general retrieval and the proposed algorithm were compared by using accuracy measurements. As the study arranges the result documents as similarities of the query documents, the surfer can improve the efficiency by reviewing the similar documents first. Also because of being able to input the full-text of patent documents, the users unacquainted with surfing can use it easily and quickly. It can reduce the amount of displayed missing data through the use of content based retrieval instead of keyword based retrieval for extending the scope of the search.

The kingdom of Saudi Arabia and Aramco arbitrate the Onassis agreement

The Arabian American Oil Company (Aramco) found the world’s largest oil fields in the 1930s under a comprehensive concession agreement covering most of Saudi Arabia. In 1954 the Kingdom of Saudi Arabia challenged Aramco’s exclusive right under that concession agreement to export its oil production by awarding a contract to Aristotle Socrates Onassis for a right of priority to transport the concession’s oil production by tanker for a period of 30 years. The result was one of the most significant arbitrations of the 20th century, the Onassis case. This article describes that case from an insider’s perspective.