Vagystė – tai labiausiai paplitęs teisės pažeidimas (tiek kaip nusikaltimas, tiek kaip administracinis teisės pažeidimas) ne tik Lietuvoje, tačiau ir visame pasaulyje. Faktiškai bendras teisės pažeidimų skaičius labiausiai priklauso nuo vagysčių skaičiaus. Kaip ne būtų keista, dauguma žmonių įsitikinę, jog iškraustyti kišenes nepastebint jų savininkui – fiziškai neįmanoma. Deja, statistiniai duomenys byloje ką kita. Pavyzdžiui vien Vilniuje per 2003m. įvykdytos 1309 kišenvagystės, kvalifikuotos pagal BK 178str. 1d. O kiek dar padaryta administracinių teisės pažeidimų? Pranešimas, kad šalyje padidėjo nusikalstamumas, dažniausiai reiškia, kad padaugėjo nusikaltimų nuosavybei, o ypač vagysčių. / The fear to become a victim of a crime makes human‘s security feeling less, and makes social life inadequate that‘s why it‘s published everwhere that the security of property is one of the most important functions of the government. Despite juridical human‘s security of property thefts consists about 80% of all the registered crimes in Lithuania. Lawyers faces that breaches of the criminal law are natural and inevitable element of the social life, however not all of these breaches we can say it‘s normal. Despite that crimes are inevitable element of the social life, governement must try to do something that there would be less crimes and people fealing of security must always be at the center of attention of the authority. The theft is the most popular breach of law not even in Lithuania but also in all the world. It‘s strange but most people who don‘t have had any deals with pickpockets are sure that turning out of pocket when the owner doesn‘t see is not possible. Despite that pickpockets takes about quarter of all the crimes of property (thefts) in Vilnius. In nowdays pickpocket is nice-dressed, invisible and inconspicous, capable, he can melt into the crowd very fast, acute, smart, supple and which has other right features, which gives him self-confidence and an opportunity invisible turn out the victim‘s pockets. Specifically are emphasize the profesional pickpockets, which are always training: hands quickness, specializes doing pickpockets by different ways and... [to full text]

The abundance of wealth and technology in the North, and biological diversity and poverty in the South provokes an inquiry into an appropriate modality for the equitable harnessing and allocation of biodiversity dividends. Over the years, the traditional knowledge relating to biological diversity has been regarded as part of the "global intellectual commons", open to exploitation by all, and subject to validation by formal methods. That knowledge has remained the source of both increasing knowledge and critical discoveries of the therapeutic values of most components of biological diversity. There is a consensus between the North and the South that an effective biodiversity conservation strategy should be one capable of providing incentives to the traditional custodians of wild habitat. Intellectual property is generally recognised as an appropriate framework to implement this objective. However, as a perennial subject of North-South disagreement, there is no consensus on the relevant details or mechanisms for deploying intellectual property rights to effectuate the objective. The United Nations Framework Convention on Biological Diversity (CBD) signifies a global regime embodying the ideals of incentivising the traditional custodians of the wild habitat as well as equitable sharing of the benefits of biodiversity. Arguably, it marks an end to the idea of regarding traditional knowledge as part of the global intellectual commons. This thesis contends that the CBD regime carries with it the burden of unresolved North-South perspectives on intellectual property rights. It argues that the heart of the conflict is the reluctance of the North to accord intellectual property status to traditional knowledge. This is partly because of the latter's informal nature but most importantly it derives from an inherent geo-political ideological conflict on the subject of intellectual property rights. Presently, the recognition of rights over traditional knowledge is approached on a sui generis basis. This thesis takes the position that the approach with its several limitations is not persuasive. It contends that on the merits, traditional knowledge is, and ought to be recognised as a subject matter of intellectual property rights. The recent elevation of intellectual property (a traditional subject matter of national law) to the international level under the WTO/TRIPs Agreement further undermines traditional knowledge. This has posed a setback not only to the global biodiversity conservation initiative, but also to the quest for equitable allocation of its dividends. It is my thesis that a national approach offers a better option for accommodating the intellectual property status of traditional knowledge and consequentially for advancing the quest for biodiversity conservation as well as equitable allocation of the dividends arising therefrom.

Darbo analizės objektas – teisių pirkimo-pardavimo teisinių santykių aktualijos ir problematika Lietuvos Respublikos jurisdikcijos viduje. Kartu, siekiant atlikti gilesnį tyrimą, paraleliai buvo analizuojamos kitų kontinentinės Europos teisės tradicijos šalių bei bendrosios teisės tradicijos šalių civilinės teisės sistemos. Darbe išnagrinėtos plačiausiai civilinėje apyvartoje kitų asmenų nuosavybėn už atlyginimą perleidžiamos (t.y. parduodamos) turtinės teisės. Sąlyginai pagal teisinę prigimtį ir esmę, darbe išskiriamos keturios turtinių teisių, galinčių būti savarankiškais civilinių teisių objektais, grupės: (1) prievolinės teisės (kreditoriaus reikalavimo teisė, nuomos teisė); (2) daiktinės teisės, kurios pirkėjui nepereina kartu su nuosavybės teisės turinį sudarančiomis teisėmis, t.y. hipotekos ir įkeitimo teisės; (3) teisės, atsirandančios iš intelektinės veiklos rezultatų; ir (4) paveldėjimo teisės. Didžiausias dėmesys darbe yra skiriamas kreditoriaus reikalavimo teisių į skolininką pirkimo-pardavimo institutui, atskirai išskiriant faktoringą – specialią finansavimo sutartį, pagal kurią įstatymu nustatytam finansuotojui (faktoriui) yra perleidžiami išimtinai piniginiai reikalavimai. Pažymėtina, kad darbo autorė atliko sisteminę visų aptariamų turtinių teisių grupių atlygintinos apyvartos analizę. Jos pagrindu buvo išsamiai ištirti ryšiai tarp skirtingų teisių pirkimo-pardavimo sutarčių sudarymo bei vykdymo, negaliojimo pagrindų. Taip pat surastos reikšmingos sąsajos tarp... [toliau žr. visą tekstą] / The object of the work is issues and problems which occur within the jurisdiction of the Republic of Lithuania. In parallel, civil law systems of other traditional continental European legal states as well as traditional common law states are analyzed, in order to perform more thoughtful research. This work scrutinizes the economic rights in civil circulation that are most commonly transferred, i.e. sold, to the property of third parties. According to the legal nature and essence of economic rights, which could be independent objects of civil rights, four groups of rights are distinguished: (1) obligatory rights (creditor’s right to claim the right to lease); (2) property rights, which are not transferred to the buyer along with the rights that constitute the content of ownership rights, i.e. rights of hypothec and mortgage; (3) rights of intellectual property and (4) rights of succession (inheritance). In the work, most attention is paid to the institute of sale of creditor’s right to claim from a debtor, distinguishing factoring, a special financing agreement under which only monetary demands are transferred for the entitled creditor (the factor). It must be noted that the author conducted a systematic analysis of the financial turnover of all four mentioned economic rights groups. On the basis of the analysis, relationships between different principles of sale of rights contracts, their execution and invalidity are considered. It is also detected that important connections... [to full text]

This dissertation adds to the literature on international openness and economic growth by studying and quantifying the effects of openness to trade and multinational production using a model of endogenous innovation with firm heterogeneity. The first chapter discusses the contribution of this dissertation to the theoretical and empirical literature on international openness. The second chapter studies and quantifies the long-run effects of openness to trade and multinational production in the context of advanced economies using a model of endogenous innovation with firm heterogeneity. Counterfactual experiments conducted using a calibrated version of a theoretical model find that the US would experience a significant welfare cost in consumption terms by restricting openness to both trade and horizontal multinational production with other OECD countries, with the growth effect accounting for a substantial part of the cost. Chapter Three extends the theoretical model presented in Chapter Two to include features specific to the North-South context. I show that allowing for the possibility that the South may switch from being an imitator to becoming an innovator is essential for examining the long-run growth effect of stronger intellectual property rights. In particular, the North and the South both prefer stronger intellectual property rights because this will achieve the fastest long-run economic growth. If the South is an imitator country, the North needs to maintain its absolute advantage in technology creation by maintaining a sufficiently large pool of uncopied ideas. Otherwise both countries will fall into a slow-growth equilibrium in the long run. In Chapter Four, I account for transitional dynamics and study the gains from openness and stronger intellectual property rights that arise in the North-South context. Counterfactual experiments based on a calibrated version of the model presented in Chapter Three find that the transitional welfare gains from further trade openness between China and the OECD countries can be significant. In contrast to the existing growth literature, a deterrence of imitation has limited welfare effects when the South can switch from being an imitator to becoming an innovator country. This points to a source of potential bias in the welfare estimates provided by the existing literature. / Thesis (Ph.D, Economics) -- Queen's University, 2012-05-18 10:18:34.338

Saskatchewan’s lentil producers are positively impacted when their temporary competitive advantage in the industry, which in part is derived from high yielding Saskatchewan-bred lentil varieties, is eroded though ineffective intellectual property (IP) protection. The ineffective IP protection occurs due to the inconsistency in the enforcement of policies and laws across countries, making it difficult to protect IP when exporting products. Additionally, intellectual property protection of lentils is inefficient is when viable seeds are obtained by other countries through the export of whole seeds. This is because lentils are an open pollinated crop and intellectual property cannot be protected through hybrid seed technology. This is an issue because the Canadian red lentil (CRL) varieties have been bred for the Saskatchewan climate, but are well suited to grow in countries that have similar climates, and therefore are well adapted to large regions of Russia and Kazakhstan. The similarity in growing conditions, coupled with the lack of IP protection for the CRL varieties makes it possible for Russia and Kazakhstan to use imported Saskatchewan bred lentil varieties to grow in their lentil industry. When Russia and Kazakhstan grow the CRL varieties it directly competes with Saskatchewan’s production in the world market, eroding the producer surplus of Saskatchewan producers. This thesis estimates the economic benefit to Canadian growers of restricting access to Canadian varieties through a value chain that genetically protects the CRL varieties by exporting only de-hulled red lentils. A dynamic, multi-country, partial equilibrium model is used to estimate the effects de-hulling CRL varieties before export will have on the Canadian lentil industry. This model determines the effects that de-hulling CRL's will have on Canadian lentil producer's welfare by comparing the results from when there is genetic protection (GP) for the CRL varieties before they are export and then there is no genetic protection (noGP) for the CRL varieties. In my thesis, I examine four potential scenarios for the future lentil production in Russia and Kazakhstan over the next twenty years. The four growth scenarios that are examined for Russia and Kazakhstan’s lentil industries range from no convergence to full convergence. No convergence is when Russia and Kazakhstan continue producing lentils with their 2011 lentil hectares until 2034. Full convergence is when both countries converge to the Canadian lentil industry’s ratio of lentil hectares to spring wheat hectares. The empirical model results show that producer surplus gained by Canadian lentil producers are increased when Canadian firms use GP to protect the intellectual property rights (IPR) of new CRL varieties. My results show that lentil prices in the global market will be modestly higher when there is GP for lentils versus when there is noGP for lentils over the next twenty years. The difference in the prices of the noGP case and the GP case gets larger as Russia and Kazakhstan go from no convergence to full convergence. The price impacts of GP in 2034 range from a $0.52 per tonne increase with no convergence to a $5.92 per tonne increase with full convergence. If the net processing margin is not increased, GP will produce a 2012 discounted price of $2.41 billion over the 2014-2034 period, suggesting only modest returns from GP. When all four convergence scenarios are evaluated and weighted by expected probabilities of occurrence, the estimated overall economic impact for Canadian lentil producers from 2014 to 2034 will be $47.12 million in additional producer surplus (PS), which is equal to an increased price of $3.41 per tonne. For this to be feasible the cost of de-hulling the lentils must be profitable to the processors at $3.41 per tonne or less.

Il primo capitolo sviluppa un modello di gioco strategico di voto costoso per due candidati dove il processo elettorale può essere illecitamente influenzato da uno dei due. Si assume che vi sono due tipi di meccanismi di frodi elettorali: incidenza diretta sui costi di voto o probabilita’ di pivotality. Si dimostra che la frode può effettivamente aumentare l’affluenza. Per assicurare la vittoria al margine, l’affluenza degli elettori che sostengono entrambe le alternative sono aumentate rispetto ai casi senza frodi. Nel secondo capitolo si stima l'effetto delle frodi elettorali sull'affluenza analizzando un panel di elezioni a livello nazionale in più di 130 paesi dalla fine del 1970. Controllando per una serie di importanti variabili di sistema politico e socioeconomico otteniamo che le frodi a livello intermedio , ceteris paribus , deprimono l'affluenza di circa 3-4 punti percentuali , mentre interventi a livello elevato non hanno alcun effetto significativo. Il terzo capitolo riguarda dinamiche di protezione dei diritti di proprietà nelle economie in transizione che possono influenzati da parte del governo non benevolente. Possiamo osservare dinamiche positive dei diritti di proprietà se un governo e’ relativamente più efficiente ad estrarre rendite dalla redistribuzione del PIL piuttosto che dai pagamenti diretti degli agenti che se ne appropriano, anche con una moderata pressione politica. / In the first chapter a costly strategic voting game over two candidates is modeled and electoral process can be illicitly influenced by one of two candidates. Fraud mechanisms are assumed to be of two types: affecting directly voting costs or pivot probabilities. It is demonstrated that fraud may actually increase turnout. In particular, if it is of a magnitude to ensure a victory at the margin, then participation rates of voters sustaining both alternatives are increased compared to no fraud situation. In the second chapter we estimate the effect of electoral fraud on turnout by analyzing a panel of national level elections in more than 130 countries since the end of 1970s. Controlling for a set of important institutional, political system and socio-economic variables we obtain that medium fraud, ceteris paribus, depresses turnout by around 3-4% points, whereas high fraud has no significant effect. The third chapter deals with dynamics of property rights protection in transition economies, which can be influence by non-benevolent government. Whenever a government is relatively more efficient in extracting private rents from GDP redistribution rather than from direct payments of appropriating agents, positive dynamics in property rights protection can be observed, even with moderate political pressure.

No description available.

Since its introduction into mainstream society two decades ago, ecotourism has become an international phenomenon. Claimed by its proponents to endorse ecologically, socially, and economically sustainable travel to natural areas, ecotourism is in many ways the conceptual fusion of conservation and development. Yet, despite the optimism often associated with the phenomenon, the question of the degree to which it actually contributes to development, however defined, has become a controversial issue. Theorists and practitioners hold a variety of opinions of ecotourism, ranging from cautious optimism (Honey 2008; Ross & Wall 1999) to outright rejection (Carrier & Macleod 2005; Wheeller 2003). Unfortunately, research shows that the poorest of the poor generally bear the burden of ecotourism initiatives without receiving an equitable share of the associated benefits (Stem et al. 2003; Western & Wright 1994). In response, a sustainable livelihoods approach is proposed as a practical means of understanding the complex livelihood strategies employed by indigenous populations. While tourism research has often focused on the economic impacts of ecotourism initiatives, current livelihoods discourse suggests that the poor draw on a wide range of assets and incorporate a variety of livelihood strategies, in their pursuit of economic gain (Ashley 2002; Ashley et al. 2001; Bebbington 1999; Bennett et al. 1999; Zoomers 1999). This discourse is especially timely for pastoral populations living adjacent to protected areas in Kenya. Recent changes in government policy have promoted the subdivision of land for private ownership (Homewood et al. 2009; Leserogol 2005; Lamprey & Reid 2004), an unexpected transformation that has led to the adoption of ecotourism as a sustainable livelihood strategy. Informed by development theory, tourism theory, and property rights theory, the purpose of this research was to examine the effect of different land tenure regimes on the distribution of benefits accrued from various ecotourism initiatives, and how those benefits impact the livelihoods of the pastoral Maasai living on the periphery of the Maasai Mara National Reserve. Culturally-appropriate, participatory research methods were combined with the Sustainable Livelihoods Framework to document an indigenous perspective on livelihood sustainability. By adapting the conceptual framework to include cultural and historical capital, it served as a lens for viewing and identifying the culturally embedded meaning associated with the recent privatisation of Maasai property. These changes include: significant increases in income generated from ecotourism initiatives, an increased desire to cultivate land, an enhanced capacity for participating in the decision-making process, and greater diversification in local livelihood strategies. However, the empirical evidence also demonstrated that changing property regimes have led to the increased sedentarisation of these semi-nomadic people, resulting in modifications to their pastoral culture, reductions in their herd sizes, and the occasional obstruction of wildlife migratory patterns through the construction of permanent fences.

This thesis analyzes the reconciliation of industrial property rights with the principle of free movement of goods in the EU and the implications of this solution on trade relations between the EU and Turkey in the scope of the Decision No. 1/95 of the EC-Turkey Association Council. In the second chapter, patents, trademarks, industrial designs and utility models then the EU regulations and the international regulations concerning the protection of the relevant right in the EU region is examined. Although, the need for &ldquo / EU wide protection of industrial property rights&rdquo / is not covered by these regulations, there are special provisions which stipulate &ldquo / regional exhaustion&rdquo / for trademarks and industrial designs. In the EU region there are systems for granting Community Trademark and granting Community Industrial Design which are co-exist with the national systems. However there is no system for granting Community Patent or Community Utility Models and there is no special provision which determine the geographical boundary of the exhaustion of patents and utility models. Nevertheless, the principle of regional exhaustion was accepted through ECJ decisions long before the above mentioned regulations which are very recent. In the third chapter of the thesis, firstly the provisions of the Rome Treaty regarding the free movement of goods, then the process that ECJ had faced until the regional exhaustion doctrine was reached and the implementation clauses of this doctrine is examined. Implementation of this doctrine affects both the trade relations among EU Member States and the trade relations between Member States and the non-EU countries. In the fourth chapter of the thesis, the provisions of the Decision No. 1/95 which regulates the free movements of goods between Turkey and the EU are examined with the articles of national legislation concerning the exhaustion of industrial property rights in Turkey. By considering above mentioned provisions and the different views in the doctrine, the trade relation between the EU and Turkey is examined with the economical, political and legal aspects.

This thesis analyses the utilization of intellectual property rights (IPRs) by small and medium-sized enterprises (SMEs), their contribution to economic and technological development and policies to be implemented for the SMEs to make more use of the system in order to reach a desired level of growth. Small and medium-scaled enterprises constitute more than 90 % of all firms almost all over the world and a substantial proportion of employment and turnover. This fact bares the necessity for the SMEs to make more use of the intellectual property rights system which is one of the components of innovation and technological growth, in order to achieve the desired level of economic and technological development. This paper discusses the existing and possible contribution of the IPRs obtained by SMEs to economic and technological development and the policies to be implemented in order to encourage intensive utilization of the system by the SMEs. The results of surveys previously carried out both in Turkey and abroad are incorporated within the results of a survey which was organized in the context of this thesis among 86 enterprises in 12 organized industrial zones all over Turkey. The latter survey measures the IPR utilization of the SMEs and the reasons behind under-utilization. Among the firms studied, 60 % of them are R&amp / D performers, 34 % have a distinct R&amp / D department while 56 % of them reported to have developed a new product, process or design. However only one third of these innovative firms have had an IP application and the percentage was even lower with IPR supports / only 2.3 % of the firms applied for IPR supports. The main reason for this underutilization of both IPRs and IPR supports was found as lack of awareness. Policy proposals were tried to be put forward depending on the findings of the survey and raising awareness was defined as the most important measure to be taken.