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Magister Legum - LLM / This study evaluated the benefits and the problems of implementing the World Trade Organization's decision on the implementation of Paragraph 6 of the Doha Declaration by developing country members. / South Africa

Magister Legum - LLM / This research work addresses the problem being faced by developing countries in the commercial exploitation of their traditional cultural expressions (TCEs) by third parties without giving due attribution to nor sharing benefits with the communities from which these TCEs originate. This problem stems from the inability of customary law systems which regulates life in such communities to adequately cater for the protection of these TCEs. The legal systems of the developing countries have also proven to be ineffective in the protection of TCEs from such misappropriation and unauthorized commercial exploitation. This mini-thesis examines how TCEs have been protected domestically through national legislation and internationally through treaties and proposes means by which they can be protected in a manner that would preserve them, while promoting the dissemination of those which can be shared without destroying their inherent nature. This mini-thesis thus explores avenues through which the protection of TCEs would contribute to economic and human development in developing countries. / South Africa

Dans les sociétés contemporaines, la mobilité est érigée comme norme sociale nécessaire à l’intégration. A l’inverse, l’immobilité est souvent considérée comme son opposée. De ce fait, elle est associée à un risque important d’exclusion. Une approche en termes d’exclusion implique une orientation plutôt sociologique. Pourtant, ce travail de thèse s’inscrit dans une démarche géographique. Ainsi, un premier questionnement émerge de ce positionnement disciplinaire : l’immobilité est-elle un objet géographique ? Par ailleurs, il est possible d’envisager la mobilité et l’immobilité comme des pratiques complémentaires et non opposées. Cela implique que leurs répercussions ne sont pas nécessairement inverses. Cette posture engage un deuxième questionnement : la relation établie entre l’immobilité et l’exclusion est-elle légitime ? Pour répondre à ces deux interrogations, un ensemble d’outils standardisés peuvent être mobilisés : les Enquêtes Nationales Transport (ENT), les Enquêtes Ménages Déplacements (EMD), les panels continus ou les enquêtes sur plusieurs semaines. Tous ces dispositifs sont centrés sur la mobilité. L’immobilité est donc appréhendée par défaut. Ils sont cependant incontournables mais méritent d’être complétés. Pour cela, un questionnaire ad-hoc centré sur l’immobilité et les ressources de proximité a été mis en place dans les aires urbaines de Dijon et Besançon. L’exploitation de cet outil permet d’identifier les déterminants socio-spatiaux de l’immobilité. / In contemporary societies, mobility is considered as a social norm necessary for integration. Conversely, immobility is often seen as the opposite. Therefore, it is associated with a significant risk of exclusion. An approach in terms of exclusion involves a sociological orientation. Nevertheless, this thesis follows a geographical approach. Thus, a first question emerges from this disciplinary position: immobility is it a geographical object? Furthermore, it is possible to consider the mobility and immobility as equivalent and not opposed. This means that their impact may not be reversed. This position engages a second question: the relationship between immobility and exclusion is it legitimate? To answer these two questions, a set of standardized tools can be used: the National Transport Surveys (ENT), Household Travel Surveys (EMD), continuous panels or surveys over several weeks. All these devices are focused on mobility. That’s why immobility is apprehended by default. However, they are essentials but should be completed. For this, an ad-hoc questionnaire focusing on immobility and local resources was set up in urban areas of Dijon and Besancon. The data processing of this tool identifies the socio-spatial determinants of immobility.

The goal of this diploma thesis is to introduce the intellectual property rights protection in the member states of the World Trade Organization and the main agreement that regulates this area, i.e. Agreement on Trade-Related Aspects of Intellectual property Rights. The only discussed topic in the current round of negotiations are geographical indications and the creation of multilateral system for notifying and registering geographical indications for wines and spirits. Moreover, the thesis deals with the work of the TRIPS Council and several disputes related to TRIPS fulfillment.

The doctrine of intellectual property is based on the assumption that the exclusivity to commercialize a novel product granted to an inventor creates incentives to conduct research. In some areas, however, intellectual property can constitute a barrier to development of social welfare. In the area of access to medicines in developing countries, the intellectual property-related problem can take two forms. When needed products are not being developed and thus do not exist, lack of availability occurs. Lack of accessibility, on the other hand, arises when necessary medicines do exist, but their prices are prohibitive for people from resource-poor countries. Based on a detailed analysis of the patent and trade environment in the pharmaceutical sector, the thesis examines the potential of patent pooling as a joint intellectual property management strategy to increase access to medicines within the existing international intellectual property system. Particularly, it analyzes the effects of an existing pharmaceutical pool, the Medicines Patent Pool, on accessibility of antiretroviral medicines in low and middle income countries.

In my diploma thesis i deal with legal aspects of the protection of sound recordings of musical compositions in the Czech Republic and the Russian Federation. In connection with the development of modern technoligies that facilitate access to copyright works, for example the internet, protection of copyright and rights related to copyright is becoming a very important and should be corresponding. The first chapter deals with the definition of the basic concepts of copyright. The second chapter focuses on the issue of copyright infringement and infringement of related rights in the Czech Republic and Russia. In the following section copyright's international treaties (TRIPS, ACTA and others) are analyzed and liabilities, which arise from them. The fourth chapter deals with the issue of enforcement of copyright. In the last chapter, I compare effectiveness of Czech and Russian legal norms for the protection of copyright, based on anonymous sociological research among university students relatively to the origin of audio recordings of musical compositions.

The dissertation examines the enforcement of monetary claims in cases of intellectual property rights infringement. It focuses on the Act n. 221/2006 Sb. on the enforcement of intellectual property and on the directive 2004/48/EC of the European parliament and of the Council. The main aim is to evaluate the extent of monetary claims especially with regard on possible overlap or mutual consumption of the claims.The second aim is the analysis of English terminology in relation to the nearest Czech equivalents. The dissertation uses methods of logic induction and abstraction and the international multilateral comparative method, where the use of language plays a crucial role. The exact method of modelling combined with mathematical game theory is used. The dissertation progressively explains terms and relevant enactments. It introduces existing ambiguities. It tries to clarify them by analysing the EU legislation, the implementations in different member states, the statutory and common law in the USA. Consecutively it focuses on unjust enrichment in English law, then in the USA and in the continental system, where this institute is set negatively -- as the unjustified enrichment. Within the whole thesis the analysis takes place in relation to intellectual property rights infringement. In the penultimate chapter, TRIPS and ACTA are compared with the directive 2004/48/EC to provide further explanations. The dissertation concludes that a parallel award of damages and infringer's profits theoretically is possible, when it is not a single flow of value which is concerned by the infringement. The dissertation negatively replies to the question if damages and infringer's profits may be awarded concurrently in two separate lump-sum amounts according to § 5 (2) or (3) of the Act n. 221/2006 Sb. The reason is that the rate of the royalty is applied to sales of the infringer. These sales relate to the unjust enrichment of the infringer. If damages were again calculated by applying the same rate to the same sales, that would be double recovery. But theoretically this possibility cannot be excluded. A real-world example is very hard to find, even in the non-lump-sum form. Collateral sales awarded with lost profit in US law may serve as one. From the EU documents it seems, that infringer's profits is equalled to unjust enrichment and that is translated as unjustified enrichment. But English theory distinguishes restitution of unjust enrichment and gain-based recovery for wrong, the latter encompassing the award of infringer's profits in the form of damages. The broader Czech notion of unjustified enrichment is not to be equalled to unjust enrichment in the pure English notion, because the former encompasses also intentional wrongs. With regard to the restitution of infringer's profits based on unjust enrichment, the intent plays a role. The broader notion of unjust enrichment relevant to intellectual property rights infringement is called interceptive unjust enrichment, where enrichment "from the property of the plaintiff" is at stake and it is also possible to claim profits gained by the infringement. Focus is on the enrichment "from the property", not on the wrong. The dissertation examines the terms "account of profits", apportionment of profits", "disgorgement" and impure negotiorum gestio with regard to intellectual property infringement. In several countries reasonable royalty is regarded as good measure of net gain from the infringement of intellectual property. When the infringement was not innocent or wilful, it's possible to claim not only the objective enrichment but also the subjective enrichment -- profits of the infringer. In Czech law, that is represented by the emoluments from the enrichment. The aim of the last chapter is to evaluate, in the context of the operation of other relevant elements of legal environment, the preventive function of the double royalty claim introduced by the Act n. 221/2006 Sb. By construing a game theory model and using simulation, the thesis concludes that in lower royalty intervals, where attorney's costs are a high burden, the effect of the double royalty is insignificant. Where "more significant infringements" are at stake, and the royalty passes a given frontier, the application of the double royalty heightens the preventive function of the Act. Those "more significant infringements" have two intervals -- with the highest effect of the double royalty and with the "stabilized effect of the double royalty". But overall, in cases of "more significant infringements", the application of the double represents a heightening of the preventive power by a third and fifth respectively, and this is true only in the case, where the prospective infringers would try to calculate the effect of their infringement before infringing.

The purpose of this project was to develop a computer-based instructional material for Temecula third grade teachers to use with their history/social science curriculum. What evolved was a stack about Old Town Temecula that supports the Framework, an integration of technology into the history/social science curriculum. The project connects the past and present by focusing on the historical buildings in Old Town Temecula. As an instructional tool the stack provides teachers with the pre field trip materials and follow-up activities to use when doing a field trip to Old Town Temecula.

This project offers a nature program that can be implemented into youth camp programs. Outdoor Residential Camp programs offered by youth organizations provide an outdoor camp experience for many children in the communty. Many offer participants resident summer camp programs which is a perfect venue for the outdoor experience. Children exposed to outdoor experiences develop a greater sense of responsibility to the natural environment around them. The schools are not doing enough to educate youth about the natural environment. This project was written specifically for the Azalea Trails Girl Scout Camp located in the San Jacinto Mountains of Southern California however, it could be adapted to be used at any residental camp setting.