Proprietary Rights Research Articles

Patent power in biomedical innovation: Technology governance in biomodifying technologies

AbstractBiomedical innovation is often rewarded by exclusive proprietary rights such as patents. In the case of gene editing, induced pluripotent stem cells, and three‐dimensional (3D) bioprinting (here described as biomodifying technologies), the limitations of the patent system come into stark relief, generating both technical and political doubts. Generally, political and technological limitations are supposed to be solved with so‐called good governance, based on some principles. We focus on three of such governance principles (participation, accountability, and transparency) to show how they have been weakened, instead of strengthened, by the current patent system. We demonstrate that although patent applications are submitted by both public and private players, the latter have imposed a growing dominance in gene editing, induced pluripotent stem cells, and 3D bioprinting, disseminating their aggressive and exclusive strategies. As a consequence, a logic of experimentality tends to prevail where the three fundamental governance principles fail to be enacted.

Express Trusts, Private Law Theory, and Legal Concepts

AbstractThis paper explores Peter Jaffey’s views on the trust and fusion and some aspects of his wider private law theory which impact on his view on trusts law. It shows that, although he is correct that the trust involves both proprietary and personal rights, in the end his theory is ahistorical and unDworkinian, despite his acceptance of a view of law based on Dworkin. His theory is also based on implausible views of the role of equity post-Judicature Acts and the ownership of value and does not adequately fit how trusts law works.

Dutch spirits, East Indians, and Hindu deities in Guyana: Contests over land

AbstractIn modern‐day Guyana (formerly British Guiana) residents of the coastal region of the country are susceptible to other‐than‐human powers: the spirits of Dutch colonizers, who claim ownership over the land, especially in areas where sugar plantations once operated. Regarded as the “masters of the land,” or “boundary masters,” Dutch spirits demand offerings and the recognition of land rights from their human co‐habitants. Through a description of rituals towards the land performed by members of a heterodox Hindu sect, the worship of the goddess Kali, this article addresses territorial sovereignty through the lens of lived and embodied practices of co‐habitation between East Indians and Dutch spirits, giving special attention to the processes of establishing proprietary rights over the land through such acts as planting trees.

The proprietary rights status of the apartment units held by foreign nationals in Job Creation Law

The objective of this research is to examine how the polemics of the proprietary rights of apartment units are provided by the government for foreign nationals who temporarily reside in Indonesia to encourage the improvement of investment, especially in the property sector. This research employed normative-juridical methods by conducting library research involving books, journals or scientific articles, internet media, and statutory approach involving Law No. 20 the year of 2011 regarding Apartment Units, the Law on Job Creation. This research has learned that the Proprietary Rights granted by foreign nationals staying in Indonesia refer to property rights to own apartment units or apartment unit spaces, excluding the land underneath based on land rights, namely Proprietary Rights, Building Rights, and Usufructuary Rights. Granting the status of Proprietary Rights means that the foreign nationals who obtained apartments have the same rights as Indonesian citizens do. The ownership status of Property Rights is granted to foreign nationals. The government in its program of providing apartments for the Low-Income Communities (LIC) should also give legal certainty to the communities. Due to the large number of investors entering Indonesia, it is feared that procurement of apartments for the LIC will be marginalized by the construction of Apartments special for foreign nationals. Therefore, the government should determine which areas may be allowed for foreign nationals’ ownership, where in fact the expansion of this proprietary status is an implication of the economic sector for business interests in the property sector.

Proving Pregnancy: Gender, Law, and Medical Knowledge in Nineteenth-Century America by Felicity M. Turner

Reviewed by: Proving Pregnancy: Gender, Law, and Medical Knowledge in Nineteenth-Century America by Felicity M. Turner Emily Raymond (bio) Proving Pregnancy: Gender, Law, and Medical Knowledge in Nineteenth-Century America. By Felicity M. Turner. (Chapel Hill: University of North Carolina Press, 2022. Pp. xi, 228. $99.00 cloth; $29.95 paper; $23.99 ebook) Debates on the medicalization of pregnancy and childbirth—particularly in light of the U.S. Supreme Court’s overturning of Roe v. Wade—may appear to be relatively novel topics of controversy. However, as Felicity M. Turner’s Proving Pregnancy demonstrates, such issues occupied American thought long before the twenty-first century. Citing changes in the adjudication of infanticide cases from the late-eighteenth to late-nineteenth centuries, the book delineates how white men gained medical and legal control over women’s bodies. Turner argues that by appropriating once-exclusively female knowledge of reproduction, male physicians exerted control over women’s bodies in a manner that constituted intellectual ownership. Infanticide cases provide a lens through which scholars can examine the production and dissemination of medical discourse, leading readers to wonder: Who owns knowledge about women’s bodies—the women who embody that knowledge, or the men who appropriate it? Answering this question requires scholars to “reframe traditional understandings of property,” recognizing that such understandings are inexorably shaped by concepts of gender and race (p. 159). The opening chapters document a gradual shift from women’s active participation in infanticide inquests to the prioritization of male “expert” testimony in shaping narratives of indictment or exoneration. As male doctors defined the parameters of medical knowledge and laid claim to specialist expertise in court, they simultaneously restricted use of that knowledge to a privileged group of “regular” physicians (p. 57). Chapters three and four explore the conflation of race and infanticide, explaining how understandings of race and motherhood shaped American responses to infanticide as a crime increasingly linked to “otherness” and uncivilized behavior [End Page 199] (p. 62). The final chapters explain how women continued to lose authority and bodily autonomy over the course of the nineteenth century. This was due in part to essentialist arguments that alleged women’s biological inferiority, and in part because women “willingly ceded” control of knowledge about their own bodies to male experts—an unintended consequence of women’s struggle to achieve civil and political equality (p. 159). Drawing upon a wealth of primary sources that include newspapers and medical texts in addition to inquest records and court cases, Turner demonstrates the complexities inherent in the formation of social and cultural ideals regarding race and gender in nineteenth-century America. The vignettes dispersed throughout the chapters provide a vivid illustration of lived experience in public and private spaces, offering a lens through which “nineteenth-century Americans understood and interpreted bodies” on both a local and national level (p. 13). Turner handles inherently disturbing subject material with sensitivity, providing historically relevant details of infanticide cases while acknowledging the devastating impact that these crimes had on individuals and communities alike. One of the book’s greatest strengths is its representation of traditionally marginalized groups. The transition from reliance on female knowledge to male expertise had particular significance for the bodies of Black women, especially as proprietary rights to formerly enslaved persons were rescinded in the aftermath of Reconstruction. By juxtaposing cases that illuminate the discrepancies between treatment of white and Black bodies, Turner’s monograph provides a corrective to a lack of scholarship on the experiences of people of color. Future scholars should explore the implications of these struggles for the codification of medical ethics in the twentieth century, especially in terms of racially-based experiments such as the Tuskegee syphilis study. Proving Pregnancy offers a valuable contribution to historians’ understanding of how modern concepts of identity and community are shaped by gender and sexuality, as well as how knowledge can constitute a form of ownership. Turner’s book is also a timely reminder [End Page 200] that deeply subjective experiences such as pregnancy and childbirth remain freighted with political and cultural significance—and in many cases are still subject to medicolegal knowledge that is defined and controlled by white males. Emily Raymond EMILY...

Naboth’s Vineyard: A guide for South Africa on the Vexing Land Issue

The story of Naboth’s vineyard (1 Kings 21:1-16) is one played out during the dynasty of Omri in Northern Israel (866-842 BCE) and speaks to an era in which socio-economics were largely dominated by political elites. The narrative concerns inter alia a clash between two arrangements of land ownership, inheritance and possession by others. Thus, from a socio – analytical perspective, the story has lessons to impart to 2022 South Africa where the issue of the land redistribution is an important one given that even after a quarter of a century post-apartheid, millions of people continue to have no real access to land. Many people are thus left precariously exposed and vulnerable. The story imparts the truth that a leader of a state is bound to respect the proprietary rights of his citizens. In any event, viewed from a theological perspective, all the resources of creation are to be utilised to serve the common good and we are all custodians of creation. This includes people who have no private property of their own and who are for the most part excluded and side-lined by those in positions of power. The story of Naboth’s vineyard is thus a simple one where a sovereign sees something he wants, and then formulates a strategy to get it. In Naboth’s story, the king had him killed. This is a very constructive rendition of what happens when there’s no justice and the dominant powers get to terminate those who stand in their way. Justice tends to break down when people lose perspective of who they are concerning God who ultimately forgives us when we atone.

Review of the Principles of Proprietary Rights in the Legal System of the People’s Republic of China: Ukrainian Civilian’s Perspective

The article analyses the basic principles of property law in Ukraine and the legal system of the PRC in the conditions of active reform of private law according to international standards. Based on the analysis of approaches prevailing in modem Chinese jurisprudence, there is proposed own view on the system of principles of property law. The changes that have taken place during all the years of China’s Independence, which addressed many fundamental issues, including the legal regulation of property, are analyzed. The article describes many principles, so it should be noted that not all of them are directly related to property and proprietary rights because the latter concerns the legal status of private law, but in no way means equality of all types and forms of ownership. The paper explains different approaches to property treatment determined by the influence of German law. In modern conditions, Chinese law can be attributed to continental law, but along with them, there are many features highlighting its specific nature: the availability of normative legal acts (especially laws, codes); the presence of traditional legal norms and religious and ethical values in some areas of public relations; fixation of philosophical and traditional concepts, principles in legal understanding, legal norms, and other elements of the legal system; dualism of the system (existence of legislation and traditional norms). Property law is associated with many other problems to be solved due to the rapid pace of economic growth, innovation policy in China, the virtualization of business. Therefore, there is the problem of recognizing virtual property, caused by the need to regulate the rights to information, domain names, websites, online databases, treasures and loans used in online games, and so on.

Analysis of the concept of development of property law in Russia: classical limited proprietary rights

Analysis of the concept of development of property law in Russia: classical limited proprietary rights

Забезпечувальні речові права: юридична природа, функції, види

The article is devoted to the study of security proprietary rights to ensure the fulfillment of engagements. The institute of security rights, its regulation under the current legislation of Ukraine and individual countries is analyzed. The legal nature and specific features are determined, the functional load of the methods of ensuring the fulfillment of engagements is clarified and the characteristics of the engagement-legal and real-legal types of security are characterized. Material security encumbrances on the debtor’s property rights, resulting in the „right of succession”, which is to accompany the encumbrance on the thing in the event of its transfer to other owners. The elements of the binding legal relationship are described. Civil turnover requires an effective system of precautionary measures of both binding and substantive nature, due to the need for legal remedies aimed at the proper performance of the parties to their contractual engagements. Along with the engagements, an important place is occupied by the material types of securing contractual engagements, where their main purpose is to give the creditor confidence in the satisfaction of their property interests in case of non-performance or improper performance of engagement by the counterparty. The grounds for the right of the creditor to satisfy property claims on the subject of material security are investigated. A pledge or mortgage may arise on the basis of a contract, law or court decision. The creditor’s claims on the mortgaged property can be satisfied in several ways: foreclosure on the mortgaged property through its sale or transfer of ownership of the mortgaged property in case of default by the debtor of the engagement secured by the pledge. The right of retention is considered, which is realized through the incentive of the debtor to fulfill the engagement by lawful possession of the thing by the creditor until the proper performance of the engagement by the debtor. The right of retention as a form of ensuring the proper performance of an engagement is included in the provisions governing the performance of certain contracts, including contract type, provision of services, commissions, etc. Security rights arise before the breach of the engagement and depend on the proper performance of the contractual engagement. The collateral gives the creditor the right to receive property satisfaction from the subject of collateral in case of non-performance of the engagement due to the debtor’s fault. The analysis and brief description of the types of security property rights is carried out. Theoretical conclusions on the researched questions directed on improvement of regulation of the security rights in the civil legislation of Ukraine are formulated.

Implementation of Notarial Acts by Notaries in Wartime Conditions: Notarizing a Last Will and Testament

The wartime and its challenges that Ukraine is currently facing have created the need for immediate action on the part of the state in order to, among other objectives, ensure the protection of proprietary and other economic rights of natural and juridical persons in our country. Immediately after declaration of the martial law regime, the Ukrainian government made a provision to suspend the operation of all Unified and State Registers in order to protect the information contained in them and prevent an unauthorized access. For the time being, however, some of the State Registers are gradually resuming their activities, which enables the citizens to regain access to such notarial services as, for example, drafting and notarizing wills. The martial law regime forces the state to constantly adjust to newly emerging realities, which also affects the implementation of notarial acts that now have to be performed in accordance with certain demands and limitations imposed for the duration of the martial law.

Europejski Trybunał Praw Człowieka wobec totalitarnej destrukcji porządku własnościowego w Polsce. Część 1

The aim of this article is to analyze the role of the European Court of Human Rights in overcoming totalitarian regime in the area of proprietary rights in Poland, the only state not adopting special legislation to meet these claims. It is the destruction of this part of the traditional legal system after World War II that can be considered as a key element of totalitarianism itself. However, this paper is not focused on historical developments, but rather on their current consequences, trying to evaluate links between them and modern legal order — particularly important in terms of limited temporal court jurisdiction over the area. In terms of the rule of law principle, it is essential how can a state cope with making good damages suffered by the victims. Careful research has proved practical application of the domestic law as well as functioning of public institutions to be based on serious systemic deficiencies making effective legal protection very difficult and sometimes impossible. They were rulings of the court playing a crucial role in supporting national authorities and setting standards of better protection — also achieved through judicial dialogue with the national judiciary. This very case-law also has a more general meaning, as it pictures a mode of ECHR’s jurisdictional activity and quite functional approach to the interpretation of the convention.
 This article is divided into two parts. The first one presents the general meaning of the area, the genesis of the protection, and major trends in the case-law development. The second part will offer a legal analysis of art. 1 and careful a systematization of leading rulings.

Addressing Proprietary Rights Issues in Outerspace

There are fortunes in space, and the feasibility of mining asteroids raises a lot of questions as to the ownership of the proprietary rights in space. Are there original owners in space resources o...

Maximizing the differentiation principle in regional IP treaties to advance food security: Limitations in West Africa's regional IP and trade regime

AbstractIn this article, I examine whether the contemporary regional intellectual property (IP) agreements negotiated by West African countries are more suitable than multilateral agreements to advance food security in the region, based on the provisions they make for applying the differentiation principle. In this paper, the term “West Africa” is used to designate the 15 countries that are members of the Economic Community of West African States (ECOWAS), the major regional organization in the area (The founding members of ECOWAS were: Benin, Côte d'Ivoire, Gambia, Ghana, Guinea, Guinea‐Bissau, Liberia, Mali, Mauritania [left 2002], Niger, Nigeria, Senegal, Sierra Leone, Togo, and Burkina Faso [which joined as Upper Volta]. Cape Verde joined in 1977). By reviewing relevant literature and theories, I propose that the human right to development as a differentiating paradigm may be applied in IP regulation, without compromising the requirement of nondiscrimination in IP regimes. I argue that human rights linked to the food security should be differentiated from the proprietary rights granted in IP. After critical doctrinal analysis of West Africa's regional agreements related to IP rights and food security, I conclude that rather than maximising the adoption of the differentiation principle to advance the regions food security, these treaties are surprisingly less flexible than multilateral agreements, creating further challenges for food security in the region. Consequently, I propose an alternative regional framework for differentiation, that allows for differentiation between IP and human rights norms based on the instrumentalist approach to law, as being more suitable for advancing development and food security in West Africa.

ОХОРОНА ПРАВ НА БАЗИ ДАНИХ

The state of legal regulation of databases according to the national legislation and EU laws is discovered. Pursuant to the national legislation, a database is a separate object of copyright – a complex of compositions, data or any other independent information in a freeform, including electronic, the components selection and disposition of which are available individually and can be found with the use of special searching system on electronic devices (computer) or other means. Since database is a complex of compositions, its application shall be carried out with the abidance of copyright on these compositions as the components of a database. If compositions are used with the copyright infringement, legal protection to a database cannot be provided. The author of a database is its creator – a natural person. In the absence of proof to the contrary, the author of a composition (including databases) is a person, indicated as an author on the origin or copy of the composition (presumption of authorship). Database can be created during performance of the work duties or by the errand of the employer. The proprietary rights on the object of copyright and (or) related rights, which was created in connection with performance of the labour contract, belong mutually to the employee, who created such an object and to a legal or natural person, where or who he is working for, if the opposite is not established by a contract (either a labour contract or a separate civil contract). The procedure of performing the proprietary rights on such a database can be regulated by the corresponding contracts. The provisions of the TRIPS, EU Directive on legal protection of databases are analyzed. It is established that original databases are protected as the objects of copyright with the recognition of the corresponding non-property and proprietary rights of its author. Non-original databases are protected by exclusive rights – sui generis. Exclusive rights are guaranteed to the creator of a database irrespective of the eligibility of that database for the protection by copyright or by other rights. Thereby, the Directive permits the protection of a database not only by copyright, but by the sui generis right as well. Consequently, the sui generis right can be spread on the original database, which is an object of copyright. The legislation of Ukraine does not provide the sui generis right to non-original databases for the present. Corresponding provisions are proposed in the draft «On the Copyright and Related Rights». It is proposed to establish personal non-property rights, to define the contents of a proprietary right of the non-original database creator more accurately, determine possible cases of such databases free usage in educational, studying purposes without the aim of commercial usage.

The history of the development of civil procedural law of Ukraine on judicial protection of the property legal right to land

Keywords: civil procedural protection, court, violation of private property rights toland, civil procedure
 The article is devoted to the study of the historical and legal aspects of the judicial procedure for theprotection of property rights to land in Ukrainian legislation. The author investigates themain stages of legal protection of property legal rights to land, in each historical periodits own characteristics of the aforementioned procedure for the protection of the correspondingproperty right are determined. Considerable attention is paid to the issues ofthe peculiarities of legal regulation and judicial procedure for the protection of propertylegal rights to land. In this scientific article, the author pays considerable attention to thedevelopment of judicial protection of legal property rights to land in the historical periodof the emergence of the independent state of Ukraine (1917−1918 yy). The author of thearticle writes that during this period the legal right to land received significant development:the land plot could be inherited, the right to rent the land could also be inherited.The procedure for the judicial protection of the legal right to land had no legal peculiarities.The author describes that during the Soviet period of Ukraine's existence, there was no legal property right to land. Only the state could have legal property rights to land.This means that the courts did not protect the private property legal right to land. Onlywhen Ukraine became an independent state did a private property legal right to landemerge. During this historical period, a significant number of legal instruments for theprotection of proprietary legal rights to land appeared in the legislation of independentUkraine. The property legal right to land was protected by the court. It is the judicialprotection of the property legal right to land that is democratic and meets the Europeandemocratic standards for the protection of property rights. The modern features of thegenesis of legal protection of property legal rights to land, which are protected by thecourt in the civil procedure of Ukraine, have been investigated. The author has createdand described new stages in the development of civil procedural protection of legal propertyrights to land.

The evolution and consequences of digital rights management in relation to online music streaming

AbstractStreaming services now provide the dominant way in which music is distributed and consumed online. Digital rights management (DRM) lies at the heart of this trend and has evolved alongside a movement from copy-based to streaming-based consumption. This shift poses a number of new and unique issues. Music streaming services have changed the nature of the product offered, with musical content becoming de-bundled and reduced to a series of permissions covered by DRM and associated licences, leaving users trapped in a permission-based system. This may create tension with copyright law principles regarding personal ownership and exhaustion of rights in relation to secondary markets, but through analysing relevant US and European case law it can be demonstrated that there is little, if any, legal opportunity for digital secondary markets to emerge. There are also further specific consequences which may affect artists relating to musical diversity and the composition of popular music and, also, consequences regarding the changing nature of the Internet itself. In this context copyright remains centrally important, but only in establishing the initial proprietary rights that enable subsequent DRM and licence-based online exploitation, indicative of a re-establishment of record industry power that is now allied to streaming platforms.

The building financing fund: main problems of ensuring and protection of beneficiary’s rights and interests

The active usage of investment and financing mechanisms in sphere of construction of housing determines the necessity of involving the financial means of individuals and legal entities to such process and comes with risks for investors. At the same time the negative experience associated with frauds in sphere of construction of housing that caused a damage to the persons who had invested in housing within the territory of Ukraine and the intentions of lawmaker to establish the juridical mechanisms of financing of the construction that would neutralize or minimalize appropriate dangers determines the necessity to researched such juridical schemes in context of ensuring and protection of rights and interests of the participants of appropriate relationships. The author determines the advantages and disadvantages of the model of financing of construction of housing through building financing funds. It is defined that the obvious advantages of such model are: the professionalism of trustee; the usage of such ensuring and protective means for beneficiary’s (investor’s) rights and interests as hypothec, insurance of the developer’s risk of break the terms of obligations execution. The ensuring character also has the process of fixation of an investment object for beneficiary. At the same time the author states that it is difficult to justify the “encumbrance” of basic investment model by abovementioned ensuring and protective components. Even within basic investment model the beneficiary’s (investor’s) rights and interests could be ensured by hypothec of proprietary interests rights. Moreover the beneficiary (investor) can use insurance. The main advantage of the mechanism of financing of the construction through the building financing fund is the beneficiaries (investors) possibility to acquire with less organizational costs of a right of property on unfinished building in case when developer breaks his obligations. But at the same time the mechanism of financing of the construction through the fund rises the price of investment objects because of additional expenses. It is defined that despite of the provision of part three of the article 4 of the Law of Ukraine On investment Activity such provision does not neutralize a possibility to use alternative juridical schemes of the investment and financing of housing.

Challenges Faced by Minority Shareholders in Commercial Companies in Cameroon: A Legal Analysis

The protection of minority shareholders in Cameroon is an ancient weakness recognized of plaguing the Cameroon commercial scene from the existence of the concept itself. The situation under English law was regulated by the received English law under the Common law regime. This application was by virtue of section 11 of the Southern Cameroon High Court Law (SCHCL) of 1955. What upheld in Nigeria was hitherto applied in the then West Cameroon since it was administered as an integral part of Nigeria. In French Cameroon, the received business laws from France were applicable. These laws were relevant within the territory until later appealed with the coming of the Organisation for the Harmonisation of Business Laws in Africa known by its French acronym OHADA. Those earlier laws accorded very little attention to protection of the minority shareholders in commercial companies. That was due to slow commercial development at that moment. The ensuing results of this research reveals that, the raison d’etre of low performance of some companies in Cameroon, is due to the fact that, there has been inadequate measures as well as ineffective Implementation of the laws regulating the protection of minority shareholders owing to the fact that there exist several challenges and difficulties in the Implementation of these laws. The challenges faced by the minority have worsened because even the protection provided by the laws is difficult to implement and at times very expensive to undertake, reducing the shareholders’ proprietary rights. In all these, this paper has proffered recommendations that ameliorate the conditions of minority shareholders in commercial companies if taken into consideration.

Trastuzumab-dkst versus trastuzumab: Real-world pCR rates in patients with HER2+ breast cancer treated with neoadjuvant chemotherapy plus trastuzumab from Alberta, Canada.

e12569 Background: Biosimilars are defined as medical products that contains a version of the active substance with similar biological characteristics, efficacy, and safety as the original product. Differences however, exist between biosimilars and their original comparator. Unlike small-molecule drugs, identical generic versions cannot be mass produced since manufacturers often have proprietary rights to living cell lines and processes involved in producing biologics. Due to this inherent alteration in production, the potential for clinically meaningful differences may exists. These risks are reduced from bench to clinic through a minimum of one phase 1 study to demonstrate comparability of PK and PD between the biosimilar and the original product, and one phase 3 study to demonstrate equivalency for at least one indication. To date, studies have mainly looked at trastuzumab-dkst in the metastatic setting. This retrospective study compared the pathological complete response (pCR) rates of trastuzumab-dkst to trastuzumab in the neoadjuvant setting for HER2+ early breast cancer (EBC) in Alberta. Methods: Neoadjuvant patients with HER2+ EBC treated with trastuzumab from November 2018 -October 2019 and trastuzumab-dkst from December 2019 - September 2020 were identified. There was no crossover between products. Logistic regression was used to control for variables potentially associated with pCR: trastuzumab product (trastuzumab vs trastuzumab-dkst), age ( < 40 vs 40+), pre-operative T (T1/2 vs T3/4) and N stage (negative vs positive), grade (I/II vs III), HR status (ER and/or PR positive vs ER/PR negative), HER2 (3+ vs SISH+), chemotherapy (anthracycline containing vs not), and chemotherapy completion (yes vs no). Results: 136 patients were identified (56% trastuzumab; 43% trastuzumab-dkst) and there were no significant differences in baseline characteristics except more patients in the trastuzumab-dkst group were clinically N negative; 39% vs 14.3% trastuzumab (p = 0.001). pCR was 35.6% for patients treated with trastuzumab-dkst versus 40.3% with trastuzumab (p = 0.598). In the logistic regression model, there was no significant difference in the odds of a pCR for patients treated with trastuzumab-dkst versus trastuzumab after controlling for the variables selected a priori (OR 1.1, 95% CI 0.5-2.4, p = 0.850). There was a trend for decreased odds of pCR for anthracycline use (OR 0.72 95% CI 0.3-1.6, p = 0.417). Conclusions: pCR rates were similar for patients treated with trastuzumab-dkst compared to trastuzumab in our real world study of HER2+ neoadjuvant EBC and comparable to pivotal phase 3 trials. For a 65 kg patient, the estimated cost savings of trastuzumab-dkst therapy is $22,000, and approximately $240-300 for a non-anthracycline chemotherapy backbone.

Intergenerational Transfer of Family-run Enterprises by Means of Civil Law in Serbia

Family-run enterprises are business organisations in which the reins of control are concentrated in the hands of a single family or an individual who for the enterprise aims to continue operation through successive generations of the family. In Serbia, family-run companies usually begin as an individual entrepreneurship, a form of closed company (general and limited partnership) or relatively closed company (limited liability company). The legal difficulties that arise following the death of an individual entrepreneur (natural person) differ from those following the death of a member in a company (legal entity). Companies are imbued with rights and responsibilities separate from the personal rights and responsibilities of their members. Members of a company, including the head, are not considered owners of the company’s property in legal terms. Instead, they have shares in the company, and those shares entitle them to membership (management and proprietary) rights. Thus, when a member dies, the company’s property, in whole or in part, is not subject to inheritance (although that deceased member’s share is). This differs from the situation following an individual entrepreneur’s death. The law does not recognise a natural person conducting business as an individual entrepreneur as having two legal personalities (personal and business); everything is treated as personal. Therefore, all the assets and debts of a deceased individual entrepreneur are subject to inheritance, regardless of whether or not they were accrued in the course of business. The succession of a share following a member’s death is regulated separately for each company form, and all issues not governed by the Companies Act or a company’s incorporation document are subject to the rules of Serbia’s Law of Inheritance. Inheritance rules differ greatly for a share in a personal company (general or limited partnership) and a share in a capital company (limited liability or joint-stock company). In principle, whether or not a deceased member’s rights and responsibilities can be passed through inheritance depends on the company’s form, its incorporation document, and the relevance of the heirs’ connection to the deceased and the company. The less complicated these are, the fewer the legal obstacles to inheritance.