This work provides the first ever transnational intellectual history of the globalized notion of esprit de corps, disputedly defined as a sometimes beneficial, sometimes detrimental mutual loyalty shared by the members of a group or larger social body. As a polemical argumentative signifier, ‘esprit de corps’ has played an underestimated role in defining moments of modern Western history, such as the French Revolution, the United States Declaration of Independence, French imperialism, British colonialism, the Dreyfus affair, the World Wars, the rise of administrative nation-states, or the deployment of individualism and corporate capitalism. The birth of the term is evidenced in eighteenth-century France, both in military and political discourse. ‘Esprit de corps’ is shown to be an important matter of political and philosophical debate for major historical agents (d’Alembert, Voltaire, Rousseau, Lord Chesterfield, Bentham, the Founding Fathers, Sieyès, Mirabeau, British MPs, Napoleon, Hegel, Durkheim, Waldeck- Rousseau, de Gaulle, Orwell, Bourdieu, Deleuze…), but also for less renowned authors, scientists, officers, militants, entrepreneurs, administrators, or politicians (e.g. the British Secretary of State for Exiting the European Union). A comparative methodology is proposed, based on the longue durée examination of large corpora of primary sources in French and English, via digitized archives and a focus on explicit mentions of ‘esprit de corps’ in their rhetorical, philosophical, and historical context. The approach is tentatively called ‘histosophy’: the long-term survey of a large issue within a small compass (Walker, 1985), the compass being the invariable observed signifier, and the large issue the multifarious relation between universalism and particularism in the context of globalization. An interpretation is eventually elaborated to account for the fact that ‘esprit de corps’ is today an incantation of widespread global use, especially in corporate discourse, with laudative essentializing denotations.

Pas de résumé en français / Pas de résumé en anglais

This research examined the prevalence, differential treatment and demographic and potential risk factors between two groups of offenders with Intellectual Disabilities (ID) and Intellectual Vulnerabilities (IV) and a non-ID/IV group managed by Multi-Agency Public Protection Arrangements in the South East of England. The sample included 250 offenders, aged between 15 and 70 years, 9 women and 241 men who were managed by level 2 and 3 MAPPA. Two studies were conducted. Study One - The prevalence of the IV group was 25.6%. There were no significant differences between the number of external controls placed on the IV and non-IV groups. There was a significantly greater amount of external controls (police lead orders) placed on the ID group than the non-ID group. The IV group was over 5 times more likely to have language deficits than the non-IV group and twice as likely to have been in care as a child. When controlled for language deficits the IV group were twice as likely to have social skills deficits. Study Two – The MAPPA minutes and files relating to the IV group identified in Study One were examined in more detail. The central issues relating to the IV group were analysed using Thematic Analysis. The main themes and sub themes identified were ‘Intellectual Vulnerability’ and sub themes ‘Mental Health’ and ‘Diversity Considerations,’ ‘Early Life Experiences’ which had sub themes of ‘Abusive Experiences’ and ‘Schooling/Education’ and finally ‘Offending Behaviour’ with the sub themes ‘Substance Misuse’ and ‘Victims Known or Vulnerable.’ The research identifies the issues of diagnosing intellectual disabilities/vulnerabilities accurately and the impact this has on reliable prevalence rates and comparisons. Some recommendations for good practice in working with such offenders within MAPPA are made.

<p> The purpose of this Paper is twofold: First, to explore the somewhat contradictory, and perhaps convoluted approaches by the Supreme Court and Federal Circuit to patentable subject matter since the early 1970&rsquo;s to the present; and Second, to investigate two theories of how to fix&mdash;if it can be considered to be broken&mdash;the current state of the law regarding patent eligibility. In regard to the second aspect, it is the Thesis of this Paper that the only practicable solution to the current quagmire is a legislative approach that will correct the legal definition of patentable subject matter under 35 U.S.C. &sect; 101. </p><p> In addition, it has become common, since the decision of <i>Alice </i> and others to state &ldquo;software patents are dead.&rdquo; This is not even remotely true. What has happened, as will be discussed, is that because of the expansion of the definition of the abstract idea exemption of patentable subject matter, it has become increasingly difficult&mdash;sometimes impossible&mdash;to get patents awarded for certain technology areas. One reason for this is because so-called abstract idea innovations can be best expressed in terms of algorithms and in software. Consequently, software patents have achieved a negative reputation&mdash;sort of a &ldquo;guilt by association&rdquo; narrative. The truly unfortunate result&mdash;the unintended consequence - is that perhaps many applications for innovations have either not been filed, or have been unfairly rejected and abandoned.</p><p>

Companies devote most of their time on the analysis and accounting of tangible assets, but there are no processes to analyse and measure intellectual capital Intellectual capital has become a popular term that influences the total value of the organisation Intellectual capital is creating wealth and adding value to the organisations, The purpose of the research is to conduct literature study on intellectual capital as a creator of wealth and shareholder value for an organisation The research will show the three different components of intellectual capital, which are human capital, structural capital and relationship capital When these three components are combined they form intellectual capital In order for intellectual capital to be managed properly this components must be identified by the company and used effectively as these components rely on each other in order for the company to succeed in achieving their goals All relevant information with relation to intellectual capital was gathered from research on the Internet and from documents or sources. / Mr. C. Scheepers

LL.M. (Human Rights Law) / This research considers the potential for conflict between human rights and intellectual property rights (IPRs) in South Africa. I argue that this conflict is brought about by the fact that the interests which are served by these two areas of law are different. Human rights have a broader outlook in that they seek to provide conditions required for people to lead lives that are worthwhile, while IPRs are narrower in that they primarily seek to reward inventors or creators of works. The first chapter looks into the nature of human rights and IPRs and also traces some of the origins of the clashes between the two rights. The second chapter attempts to determine if IPRs are considered human rights in South Africa. This chapter also reviews the first case where human rights and IPRs were considered together in South Africa. In the third chapter, medical patents are considered with a view of deriving some learnings from other developing countries. This work will conclude with the proposition that where there is conflict, certain human rights must take priority over IPRs.

M.Ing. / With the introduction of "International Financial Reporting Standards" (IFRS) through out Europe in April 2001, there is a requirement to accurately report the value of all company assets. This will include by implication all intangible assets and Intellectual Property, such as patents, trademarks, copyrights, and know-how. Items that have not been recorded before are much more visible under IFRS and will need to be carefully interpreted by investors and analysts. In order to meet the future needs of their business, companies will require stringent measures to determine and report the true value of their assets, including intangible assets like patents, trademarks, copyrights, and know-how. Currently there is a lack in methodology which can accurately and reliably determine the value of Intellectual Property for the European business community. Research is being performed by the Max Planck institute in Munich (home of the European Patent Office) to develop a comprehensive model to uniformly evaluate different types of intangible assets. There are several different quantitative models which are which are being used currently to value patents. The existing methods can not be used to objectively compare patents with one another. It is necessary to build a method that can be applied systematically to different patents in various contexts to achieve symetrical evaluations. This dissertation project will be focused on building a model to produce a score for European Patents indicative of their statistical survivability. The model will predict which patents will be maintained based on objective criteria that correlate with historical maintenance of previous patents. The model will examine different factors that have a statistically significant correlation to either higher or lower survivability or abandonment rates. Examples of the factors to be considered include: prior art citations, disclosure, claims, prosecutions, forward citing, ownership and others. This project will produce a model which indicates the statistically survivability of European Patents in terms of a qualitative score which gives an indication of how valuable a patent will be in terms of it's survivability in a legal landscape. This model will then be extended by research currently underway at the Max Planck Institute, to a more comprehensive model that takes additional variables into account, but this is 2 outside the scope of this project. The extension of this system is to encompass the technological, financial and business strategic and legal landscapes. This project contributes towards a system that will help determine the value of a company's Intellectual Property, allowing these intangible assets to be disclosed to shareholders as required by the new International Financial Reporting Standards in Europe.

The purpose of the present study was to determine the differences in certain Rorschach Test variables obtained from normal, mildly retarded, and moderately retarded boys and girls.

Includes bibliographical references.

The dissertation addresses the legal conflict which is related to the legitimacy of comparative advertising. The national legal system has the task to balance antagonistic interests of trademark proprietors, advertisers, consumers and the public at large. The thesis examines the South African, the European and the German legal system implemented a legal balance and presents consequences, commonalities and differences. After starting with an historical overview on comparative advertising in South Africa and the Advertising Standards Authorities' self-regulating system, the Common law of Unlawful Competition will be addressed with regard to its influences on comparative advertising. Further, the thesis deals with the South African Trade Mark Act and its interpretation of infringement in terms of comparative advertising. Also considering European jurisdiction will be considered. The European approach on trade marks and comparative advertising will be presented as it leads to the German approach on comparative advertising and served as inspiration for the South African Trade Marks Act. The manner of implementation of European Directives influencing comparative advertising in German national law will be examined. Hereby, the distinctive characteristics which are required for comparative advertising as well as the special statutory mentioned cases in which it is unlawful will be presented. The high level of legal differentiation shall be emphasized since this may lead to differences compared to the South African law. Finally, I will compare how South African law and German law approach the subject comparative advertising. Especially the influences of Common law and statutory law on unlawful competition will be compared and evaluated. It shall be presented which consequences can arise out of different systematic approaches in this field of law. Additionally, the differences in the legal approaches on trade mark infringement will be highlighted in respect of presenting whether they cause actual consequences for the final legal valuation of comparative advertising. Furthermore, the commonalities concerning the purpose of encouraging comparative advertising will be addressed.