This research explores the international and national (such as Kenya, South Africa, Uganda, Tanzania and the OAPI region) standards of trademark law as well as the international rules promoting free flow of goods and how these two legal systems safeguard the consumers’ right to health. Focuses on the following two specific aspects of trademark law: counterfeiting which includes infringement, and licensing of a trademark in relation to consumers’ protection. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Atangcho N Akonumbo Senior Lecturer, Catholic University Yaounde, Cameroon. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Dissertation (LLM)--University of Pretoria, 2014. / gm2015 / Centre for Human Rights / LLM / Unrestricted

The development of library Consortia in Zimbabwe was necessitated by the need to reduce subscription costs and to widen access to electronic resources as well as implement new technologies among academic libraries. The development of Zimbabwe University Library Consortium (ZULC) and College and Research Library Consortium (CARLC) enabled libraries to cooperate and collaborate in building capacity to support teaching, learning and research through access to quality scholarly information. The trajectory of consortia development in Zimbabwe since 2002 has however been characterised by a focus on the academic sector to the exclusion of other types of libraries. The future development of library consortia in Zimbabwe can be better envisioned when correlated with the country’s national development agenda. While not made explicit, this agenda is underpinned by the idea of access to information. This study investigated how the benefits of the existing library consortia can be harnessed to promote the achievement of Zimbabwe’s national development goals. More specifically, it examined the ways that the development paths of ZULC and CARLC can be transformed to support the country’s national development agenda and programmes. This culminated in a model that will accelerate and guide the future development of its library consortia to facilitate a supporting developmental role. The novel aspect of this study is that it seeks to integrate library consortia into the national development plans of a developing country and to extend their benefits as widely as possible. An extensive literature review of the characteristics, models, and development of consortia in selected countries was complemented by an empirical mixed-method component that generated data through interviews, questionnaires, observation, and the analysis of key documents. A special feature of the study is a detailed analysis of the successes and challenges of library consortia in other countries and in the Southern African region to supplement the empirical data that informs the proposed model. The main finding is that a model with a multi-type structure and a National Coordinating Committee is best to transform the development paths of Zimbabwe’s academic library consortia to support the country’s national development agenda. The model’s key elements are finance, structure, governance, functions, and special features. / Thesis (PhD)--University of Pretoria, 2017. / Information Science / PHD / Unrestricted

Naturopathic medical schools are concerned with low first-time pass rates on the Naturopathic Physicians Licensing Exam Part I (NPLEX I) that may impact schools' accreditation with the Council on Naturopathic Medical Education (CNME). At a North American school of naturopathic medicine first-time pass rates have been a concern for 3 of the last 5 years. The purpose of this quantitative study was to determine whether students' naturopathic basic science content area scores predict NPLEX I scores at this this school. Grounded in general systems theory, a predictive correlational research design utilizing multiple logistic regression analyses was used. Archival data were obtained from the school for students who completed NPLEX I and all basic science courses. For the first model, microbiology, pathologyplus (including pathology and other content), and disease/dysfunction scores were obtained for N = 208 students. For the second model, anatomy, physiology, biochemistry, and structure/function scores were obtained for N = 256 students. For each model, students' groups of basic science content area final exam scores were analyzed against NPLEX I scores to determine predictive relationships. Results indicated pathologyplus, anatomy, and physiology scores were significant predictors of NPLEX I performance, microbiology and biochemistry were not significant predictors, and students who completed NPLEX I during the August 2015 administration were most likely to earn passing scores on NPLEX I. Based on the findings a position paper was developed recommending curriculum mapping to examine alignment and make all content areas predictive of NPLEX I performance. Positive social change may ensue by increasing the reputation of the schools and profession of naturopathic medicine.

Research regarding e-book management at academic libraries is scarce, especially referring to Swedish university libraries. The work with e-books regarding selection, acquisition, promotion etc. can give insight into the stance towards e-books and their use at Swedish academic libraries. Challenges and problems such as accessibility, licensing as well as DRM restrictions may hinder e-books from becoming worthy complements to printed books. This thesis gives more insight into the acquisition, work and distribution and general working processes with e-books at Swedish academic libraries. A total of eight Swedish university libraries with 13 representatives agreed to participate in semi-structured interviews. The main results are that selection and acquisition of e-books are both influenced by librarians themselves and by user demand, and that e-books are frequently used and sometimes even favored over print books. Complex licensing and DRM restrictions may lead to e-books not being fully appreciated, which is further complicated due to a lack of promotion of e-books by academic libraries. Academic e-books are offered in English due to a lack of Swedish titles. In some situations, print books are acquired, e.g. if electronic titles are not available or too expensive. Both formats have advantages and disadvantages regarding access, availability, usage and preference. While print books are cheaper and offer a tactile experience, e-books can be read by multiple users simultaneously and do not require storage space in contrast to print books.

<p>The purpose of this thesis is to describe and analyse the significance of economic thinking and arguments in the treatment of licence agreements in EC competition law. A central question is to what degree the concept of competition in EC law reflects an economically realistic approach to competition. The study also investigates to what degree the economic functioning of intellectual property is considered in competition regulation and how much the economic functioning of the licence agreement is considered. The investigation mainly consists of a comparative analysis of EC competition law and American antitrust law concerning the economic arguments and their importance. The treatment of territorial restrictions, field of use restrictions, quantity clauses, tie-outs, tie-ins, grant back, no-challenge clauses and price restrictions are of special interest here. </p><p>This study shows that an economically realistic view of competition has influenced current EC competition law, especially in the Technology Transfer Block Exemption Regulation (TTBER). Exceptions from this development in the EC law are mainly due to the goal of integration of the common market. Territorial restrictions are strictly regulated in the TTBER even when the parties’ market shares are below the market thresholds defined in the regulation.</p><p>The function of intellectual property rights are not much considered in EC competition law but there are general remarks about the economic functioning of patents in the Guidelines for the TTBER. However, it is difficult to find evidence for economic reasoning about patents in the formation of concrete rules. On the contrary, patents are weakened by the widened concept of exhaustion presented in the Guidelines.</p><p>The economic functioning of the licence agreement is considered in the rules of TTBER and the economic arguments for clauses which create incentives for making investments or give the possibility of control are acknowledged. However, the free riding argument has a weak position when applied to territorial restrictions, which are more formalistically regulated.</p><p>The EC competition law has become more similar to American antitrust law. The decisive difference consists in the judicial treatment of territorial restrictions, where the goal of integration is still of central importance in EC law.</p>

隨著全球3G行動通訊產業的快速發展，行動通訊服務市場正從傳統的單純語音走向與資料傳輸整合的趨勢，並發展出多種不同型態的通訊服務方式與系統設備，其中所牽涉到的3G技術範圍十分廣泛而複雜，其技術標準規格的發展則是由3G的技術標準組織所負責制定。本論文研究針對3G行動通訊產業進行解析，並探討3G行動通訊技術標準組織的運作及功能，並進一步瞭解在3G行動通訊技術標準的制定過程中所衍生出來的關鍵性專利問題，此外也特別針對專利聯盟公司3G Licensing Ltd.的成立與運作做一說明，以進一步瞭解3G產業中專利平台運作的情形，最後並總結對台灣行動通訊產業所可以參考的結論與建議。 / 3G technologies are being deployed to worldwide markets rapidly. The mobile services are converging with voice and data transmission. There are various companies involving in 3G system and terminal business. The relative technologies are complicated and quite broad. The 3G standard organizations are the main bodies responsible for the establishment of 3G technical specifications. This article would describe an overview of 3G industries and 3G standard organizations. It would specify how the 3G standard organizations function and discuss the issues of 3G essential patents. Regarding 3G patent platform, this article would also talk about the history and status of 3G Licensing Ltd. In the last chapter, it would try to summarize the key points as the references for Taiwan mobile industry.

智慧財產權利人有多種方式利用其智慧財產權。最直接的方式是將智慧財產權出售予他人，以獲得價金之報酬。權利人透過一次獲得相當金額，而滿足其創新的對價；但也有可能由於創新尚未獲得市場肯定，而無法獲得他人提供足以滿足其目的之對價。另種方式是自行設廠製造，不過，一方面權利人未必有足夠的財力投資於生產，而另一方面權利人未必了解經營或未必有意願承擔經營之風險。折衷的方式就是將智慧財產權授權他人使用，而不移轉所有權，以獲得持續的報酬給付，並不喪失其最終的權利。 然而，智慧財產權具有排他效力，只有特定權利人可以使用，他人除非經過權利人同意，否則無法使用，限制或排除他人進入該智慧財產權所涉及之商品市場與權利人自由競爭，而形成限制競爭之效果。此種結果是賦予具有排他效力之智慧財產權所必然產生者，如果因而被認定違反競爭法，恐將導致智慧財產權之規範目的無法達成。因此，對於「智慧財產權法對於智慧財產權利人之保護」與「公平交易法對於公平交易秩序之維護」兩者界限該如何權衡，當為十分重要的課題。 本文經由探討美國、歐盟及日本等國家現行競爭法對於技術授權行為之規範：美國”Antitrust Guidelines for the Licensing of Intellectual Property（1995）”、” Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition（2007）”，歐盟” Commission Regulation (EC) No 772/2004 of 27 April 2004 on the application of Article 81(3) of the Treaty to categories of technology transfer agreements”及其Guidelines，日本2007年新修訂「知的財産の利用に関する独占禁止法上の指針」，以及參考我國公平會（Fair Trade Commission）執法實務之案例經驗，俾掌握技術授權行為如何在鼓勵創新與促進技術流通兩者間加以權衡題，進而試就我國技術授權協議案件處理原則（Fair Trade Commission Guidelines on Technology Licensing Arrangements），提供具體修正建議： 一、適用範圍：歐盟及日本於新修訂的技術授權處理規範中，均將適用客體進一步擴大適用至新式樣專利與軟體著作權（software copyright）。然而，我國公平會目前相關案件量甚少，故是否要隨外國立法例擴大適用範圍，應視我國國情及執法實務加以考量，仍有斟酌餘地。 二、建立「安全區」：適度將對於市場競爭程度影響輕微之案件排除，不但增加執法透明度與明確性，同時避免行政資源錯置，應屬可行。衡諸國情及促進產業發展之考量，本文建議立法初期，針對公平交易法第19條限制競爭或妨礙公平競爭行為，於授權人市場占有率10%以下者，認定較無限制競爭或妨礙公平競爭疑慮，而不須加以審查。 三、不須區分黑（違法）、灰（可能違法）條款：現行技術授權處理原則第6點及第7點規定若從法律效果來看，應無區分必要，亦即無區分黑、灰條款之必要。若競爭法主管機關有意區別兩類行為之非難程度，則可在立法說明或處理原則中對於個別行為之競爭評價，詳為敘明，俾讓業者遵循。倘公平會對於特定行為欲採取較為嚴格的執法立場，採取當然違法之判斷者，條文用語應修改為「授權協議當事人○○行為時，即得認定該行為對特定市場供需功能產生影響…」，亦即不須判斷該行為對於市場競爭實質影響程度，只要當事人行為合致構成要件，即屬違法，如此始有區分規範之必要。 四、修正個別條款內容：針對現行第5點至第7點規定，「不構成違法」共11款，及修正後「可能構成違反公平交易法第19條第6款規定」共12款行為類型，就其條文內容或立法說明提供具體修正意見。 五、標準化與專利聯盟(standardization and patent pool)：從廣受各界關注的「飛利浦案」，公平會對於科技產業的標準化與專利聯盟情形，如何建構妥適的聯合行為管制模式，首要之務是要確立執法立場。對於專利聯盟可能存有惡性卡特爾之風險，一方面仍保有競爭法主管機關的介入空間，亦不能動輒讓產業承擔過高法律風險，導致阻礙創新或影響商機。美國、歐盟、日本立法例多肯定透過專利聯盟集中授權模式，有助減少交易成本等效益，亦建立不少規範與案例，可供公平會借鏡參考。然而，不能忽視的是我國廠商多處於被授權人地位，在高度仰賴技術輸入之現況，如何確保我國廠商得以在公平競爭環境，得以提升產業發展，競爭法主管機關於制定相關法規時，亦須一併加以重視。

CHDS State/Local / Approved for public release, distribution is unlimited / This thesis argues that first preventers are not limited to law enforcement and/or intelligence personnel. Private security officers are our true first preventers because they control access to the myriad of facilities we enter and exit every day. They are the individuals with their boots on the ground in our efforts to recognize abnormal or unusual activity. Based on the observation by President George W. Bush in the National Strategy for Homeland Security that 85% of the nation's critical infrastructure is owned by private agencies and organizations, one conclusion is incontrovertible: No one is in a better position to be a first preventer than the private security officer in America. In New York State, a professionally trained and licensed security officer's primary directive is defined as detecting, deterring and reporting on conditions which might harm life or property. It is incumbent upon government public security officials, and private security executives themselves, to cultivate and exploit this undervalued segment of our efforts to combat terrorism on a national basis. In order to do so, and to assure the public of the competency of the private security workforce, it is imperative that private security officers be mandated to meet minimum standards. Therefore, this thesis makes the argument that advocating nationwide, state controlled licensing and training of private security officers is essential to the efforts of the Department of Homeland Security to employ 'First Responder' and 'First Preventer' strategies in the war on terrorism. / Civilian, Chief of Staff, New York City Police Pension Fund

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