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.

Made available in DSpace on 2016-01-26T18:49:32Z (GMT). No. of bitstreams: 1 Dissertacao.pdf: 305248 bytes, checksum: ae610725ec8068e6744bcc9474e69a56 (MD5) Previous issue date: 2009-10-03 / The purpose of this study was to verify the availability and effective provision of informational and virtual resources at public school libraries for the improvement of the educational work at school, as well as to assess the library contribution to the cultural and professional enrichment of school and local community. The subjects were the Regional Director, school managers, teachers, parents, community leaders and students of elementary (stages I and II) and high schools, from eight public state schools belonging to the Regional Directory of Education of José Bonifácio. In the first half of 2009, questionnaires with closed questions were administered to the sample subjects. Through a stratified sample, which criterion was the school size (small, medium and large), the general situation of eight public school libraries of the Regional Directory of Education of José Bonifácio was analysed. The data analysis revealed the precariousness of the school libraries of the state public schools of the Regional Directory of Education of José Bonifácio, whether the schools were large, medium or small. This problem was also found both in relation to the lack of adequate physical space, equipment, human resources and bibliographical resources, and by the poor availability of such resources for the school and local community, in addition to the insignificant contribution to its cultural and professional enrichment. Despite this precarious situation, school managers and teachers look for alternatives to develop the school projects, but with unsatisfactory results for both professionals and students. Even in schools where there is a library, not always it is frequented by local and school community. This research intended to help school managers, teachers, students, parents and local community to become aware of the precariousness of school libraries and to recognize the importance of their role in the educational process. / Esta pesquisa objetivou verificar a disponibilidade e a disponibilização de recursos informacionais e virtuais nas bibliotecas de escolas públicas para o aprimoramento do trabalho pedagógico da escola, bem como avaliar sua contribuição para o enriquecimento cultural e profissional da comunidade escolar e local. Foram sujeitos da pesquisa o Dirigente Regional de Ensino, Supervisores de Ensino, Assistentes Técnicos Pedagógicos (ATP), Gestores, Professores, Pais de alunos, Lideranças da Comunidade e Alunos do Ensino Fundamental (Ciclo I e II) e Ensino Médio, de oito Escolas Públicas Estaduais que pertencem à Diretoria Regional de Ensino de José Bonifácio. Aos sujeitos da amostra foram aplicados questionários com perguntas fechadas, no primeiro semestre de 2009. Por meio de amostra estratificada, cujo critério foi o tamanho das escolas (pequena, média e grande) verificou-se a situação geral de oito bibliotecas públicas escolares da Diretoria Regional de Ensino de José Bonifácio. A análise dos dados evidenciou a precariedade das bibliotecas das escolas estaduais da Diretoria regional de Ensino de José Bonifácio, independentemente de as escolas serem grandes, médias ou pequenas. Tal problema foi constatado, tanto com relação à falta de espaço físico adequado, equipamentos, recursos humanos e recursos bibliográficos, como pela deficiente disponibilização de tais recursos para a comunidade escolar e local, além da insignificante contribuição para seu enriquecimento cultural e profissional. Apesar de tal situação, gestores e docentes buscam alternativas para desenvolver os projetos da escola, mas com resultados insatisfatórios tanto para os profissionais como para os alunos. Mesmo nas escolas em que há biblioteca, nem sempre ela é frequentada pela comunidade escolar e local. Esta pesquisa pretendeu contribuir para que gestores, professores, alunos, pais de alunos e comunidade local tomem conhecimento da precariedade das bibliotecas escolares e reconheçam a importância de seu papel no processo educacional.

Made available in DSpace on 2016-07-18T17:54:08Z (GMT). No. of bitstreams: 1 Dissertacao.pdf: 305248 bytes, checksum: ae610725ec8068e6744bcc9474e69a56 (MD5) Previous issue date: 2009-10-03 / The purpose of this study was to verify the availability and effective provision of informational and virtual resources at public school libraries for the improvement of the educational work at school, as well as to assess the library contribution to the cultural and professional enrichment of school and local community. The subjects were the Regional Director, school managers, teachers, parents, community leaders and students of elementary (stages I and II) and high schools, from eight public state schools belonging to the Regional Directory of Education of José Bonifácio. In the first half of 2009, questionnaires with closed questions were administered to the sample subjects. Through a stratified sample, which criterion was the school size (small, medium and large), the general situation of eight public school libraries of the Regional Directory of Education of José Bonifácio was analysed. The data analysis revealed the precariousness of the school libraries of the state public schools of the Regional Directory of Education of José Bonifácio, whether the schools were large, medium or small. This problem was also found both in relation to the lack of adequate physical space, equipment, human resources and bibliographical resources, and by the poor availability of such resources for the school and local community, in addition to the insignificant contribution to its cultural and professional enrichment. Despite this precarious situation, school managers and teachers look for alternatives to develop the school projects, but with unsatisfactory results for both professionals and students. Even in schools where there is a library, not always it is frequented by local and school community. This research intended to help school managers, teachers, students, parents and local community to become aware of the precariousness of school libraries and to recognize the importance of their role in the educational process. / Esta pesquisa objetivou verificar a disponibilidade e a disponibilização de recursos informacionais e virtuais nas bibliotecas de escolas públicas para o aprimoramento do trabalho pedagógico da escola, bem como avaliar sua contribuição para o enriquecimento cultural e profissional da comunidade escolar e local. Foram sujeitos da pesquisa o Dirigente Regional de Ensino, Supervisores de Ensino, Assistentes Técnicos Pedagógicos (ATP), Gestores, Professores, Pais de alunos, Lideranças da Comunidade e Alunos do Ensino Fundamental (Ciclo I e II) e Ensino Médio, de oito Escolas Públicas Estaduais que pertencem à Diretoria Regional de Ensino de José Bonifácio. Aos sujeitos da amostra foram aplicados questionários com perguntas fechadas, no primeiro semestre de 2009. Por meio de amostra estratificada, cujo critério foi o tamanho das escolas (pequena, média e grande) verificou-se a situação geral de oito bibliotecas públicas escolares da Diretoria Regional de Ensino de José Bonifácio. A análise dos dados evidenciou a precariedade das bibliotecas das escolas estaduais da Diretoria regional de Ensino de José Bonifácio, independentemente de as escolas serem grandes, médias ou pequenas. Tal problema foi constatado, tanto com relação à falta de espaço físico adequado, equipamentos, recursos humanos e recursos bibliográficos, como pela deficiente disponibilização de tais recursos para a comunidade escolar e local, além da insignificante contribuição para seu enriquecimento cultural e profissional. Apesar de tal situação, gestores e docentes buscam alternativas para desenvolver os projetos da escola, mas com resultados insatisfatórios tanto para os profissionais como para os alunos. Mesmo nas escolas em que há biblioteca, nem sempre ela é frequentada pela comunidade escolar e local. Esta pesquisa pretendeu contribuir para que gestores, professores, alunos, pais de alunos e comunidade local tomem conhecimento da precariedade das bibliotecas escolares e reconheçam a importância de seu papel no processo educacional.

Several scientific articles were mainly reviewed from Umeå’ s university database in order to determine the distribution, degree of contamination, and the sources of 7 selected heavy metals (Cr, Pb, Cu, Zn, Cd, Hg, Ni) in surface sediments along the coasts of the Mediterranean Sea. The Enrichment factor (EF) was used as pollution indicator to evaluate the extent of metal contamination in all the investigated areas. According to Abrahim and Parker (2008) the EF is defined as the ratio of the determined metal to Al (or Fe) in the sample divided by the ratio of background metal to background Al (or Fe) ratio. According to the results of this study, EF values for Cr, Pb, Cu, Cd and Ni presented an upward trend along the west to east shoreline of the Mediterranean sea, whereas Zn and Hg EF values showed a downward trend along this region. Cr generally exhibited no enrichment in places to the west (EF<1.5) whereas in the eastern side displayed moderate enrichment (EF=1.95). Pb EF values showed moderate enrichment (EF=5) along the western section of the sea, whilst in the eastern part revealed significant enrichment (5.45). Zn pollution levels were minimal (EF=1.6) in places to the west and moderate (EF=2.2) to the east. The enrichment for Cd was considered moderate in the western part of the basin and significant in the eastern section. These heavy metals distribution can be explained by the fact that different inputs (mainly due to anthropogenic activities) from the inshore environment may take place in each area of the sea. However, Cu and Ni presented the same degree of pollution (moderate) in the whole sea, presumably indicating similar Cu and Ni inputs from the terrestrial environment. However, conclusions for Hg were not possible to be drawn as the collected data were not sufficient.

The thesis is focused on the experimental investigation of the oxygen enhanced combustion technology (OEC), which uses the combustion air with higher concentration of oxygen, i.e. more than 21 %. The OEC technology is used in those industrial applications, which requires higher thermal efficiency, increased productivity, improved character of the flame, reduced equipment cost, lower volume of exhaust gases and improved product quality. Although this technology involves a number of advantages, it is appropriate to mention some of its disadvantages such as refractory damage, inconsistent heating, increased pollutant emission or flame disturbance and/or flashback. The combustion tests of OEC were carried out at the burners testing facility that enables to test many types of burners (gaseous, liquid, or combined). The two-staged low-NOx burner fired by natural gas was used during the tests. The observed parameters include the effect of oxygen concentration in the combustion air on the NOx emissions, heat flux into the wall of the combustion chamber, in-flame temperature distribution in the horizontal symmetry plane of the combustion chamber and also the shape and dimensions of the flame. The combustion tests of the air-enrichment, air-oxy/fuel and O 2 lancing OEC methods were carried out at the burner thermal input of 750 kW and air excess of 1,1 for two combustion regimes, namely one-staged and two-staged fuel supply.

No description available.

Ces dernières années ont témoigné du succès du projet Linked Open Data (LOD) et de la croissance du nombre de sources de données sémantiques disponibles sur le web. Cependant, il y a encore beaucoup de données qui ne sont pas encore mises à disposition dans le LOD telles que les données sur demande, les données de capteurs etc. Elles sont néanmoins fournies par des API des services Web. L'intégration de ces données au LOD ou dans des applications de mashups apporterait une forte valeur ajoutée. Cependant, chercher de tels services avec les outils de découverte de services existants nécessite une connaissance préalable des répertoires de services ainsi que des ontologies utilisées pour les décrire.Dans cette thèse, nous proposons de nouvelles approches et des cadres logiciels pour la recherche de services web sémantiques avec une perspective d'intégration de données. Premièrement, nous introduisons LIDSEARCH, un cadre applicatif piloté par SPARQL pour chercher des données et des services web sémantiques.De plus, nous proposons une approche pour enrichir les descriptions sémantiques de services web en décrivant les relations ontologiques entre leurs entrées et leurs sorties afin de faciliter l'automatisation de la découverte et de la composition de services. Afin d'atteindre ce but, nous utilisons des techniques de traitement automatique de la langue et d'appariement de textes basées sur le deep-learning pour mieux comprendre les descriptions des services.Nous validons notre travail avec des preuves de concept et utilisons les services et les ontologies d'OWLS-TC pour évaluer nos approches proposées de sélection et d'enrichissement. / The last years witnessed the success of the Linked Open Data (LOD) project as well as a significantly growing amount of semantic data sources available on the web. However, there are still a lot of data not being published as fully materialized knowledge bases like as sensor data, dynamic data, data with limited access patterns, etc. Such data is in general available through web APIs or web services. Integrating such data to the LOD or in mashups would have a significant added value. However, discovering such services requires a lot of efforts from developers and a good knowledge of the existing service repositories that the current service discovery systems do not efficiently overcome.In this thesis, we propose novel approaches and frameworks to search for semantic web services from a data integration perspective. Firstly, we introduce LIDSEARCH, a SPARQL-driven framework to search for linked data and semantic web services. Moreover, we propose an approach to enrich semantic service descriptions with Input-Output relations from ontologies to facilitate the automation of service discovery and composition. To achieve such a purpose, we apply natural language processing techniques and deep-learning-based text similarity techniques to leverage I/O relations from text to ontologies.We validate our work with proof-of-concept frameworks and use OWLS-TC as a dataset for conducting our experiments on service search and enrichment.

Schema and ontology matching play an important part in the field of data integration and semantic web. Given two heterogeneous data sources, meta data matching usually constitutes the first step in the data integration workflow, which refers to the analysis and comparison of two input resources like schemas or ontologies. The result is a list of correspondences between the two schemas or ontologies, which is often called mapping or alignment. Many tools and research approaches have been proposed to automatically determine those correspondences. However, most match tools do not provide any information about the relation type that holds between matching concepts, for the simple but important reason that most common match strategies are too simple and heuristic to allow any sophisticated relation type determination. Knowing the specific type holding between two concepts, e.g., whether they are in an equality, subsumption (is-a) or part-of relation, is very important for advanced data integration tasks, such as ontology merging or ontology evolution. It is also very important for mappings in the biological or biomedical domain, where is-a and part-of relations may exceed the number of equality correspondences by far. Such more expressive mappings allow much better integration results and have scarcely been in the focus of research so far. In this doctoral thesis, the determination of the correspondence types in a given mapping is the focus of interest, which is referred to as semantic mapping enrichment. We introduce and present the mapping enrichment tool STROMA, which obtains a pre-calculated schema or ontology mapping and for each correspondence determines a semantic relation type. In contrast to previous approaches, we will strongly focus on linguistic laws and linguistic insights. By and large, linguistics is the key for precise matching and for the determination of relation types. We will introduce various strategies that make use of these linguistic laws and are able to calculate the semantic type between two matching concepts. The observations and insights gained from this research go far beyond the field of mapping enrichment and can be also applied to schema and ontology matching in general. Since generic strategies have certain limits and may not be able to determine the relation type between more complex concepts, like a laptop and a personal computer, background knowledge plays an important role in this research as well. For example, a thesaurus can help to recognize that these two concepts are in an is-a relation. We will show how background knowledge can be effectively used in this instance, how it is possible to draw conclusions even if a concept is not contained in it, how the relation types in complex paths can be resolved and how time complexity can be reduced by a so-called bidirectional search. The developed techniques go far beyond the background knowledge exploitation of previous approaches, and are now part of the semantic repository SemRep, a flexible and extendable system that combines different lexicographic resources. Further on, we will show how additional lexicographic resources can be developed automatically by parsing Wikipedia articles. The proposed Wikipedia relation extraction approach yields some millions of additional relations, which constitute significant additional knowledge for mapping enrichment. The extracted relations were also added to SemRep, which thus became a comprehensive background knowledge resource. To augment the quality of the repository, different techniques were used to discover and delete irrelevant semantic relations. We could show in several experiments that STROMA obtains very good results w.r.t. relation type detection. In a comparative evaluation, it was able to achieve considerably better results than related applications. This corroborates the overall usefulness and strengths of the implemented strategies, which were developed with particular emphasis on the principles and laws of linguistics.

The cost of higher education is rapidly increasing on both a global scale (Creed, French & Hood, 2015), and in the local South African context (Calitz & Fourie, 2016). This rise in costs has seen a commensurate increase in the number of university students who work, largely as a means to fund the increasing cost of their higher education (Butler, 2007; Cinamon, 2016; Owen, Kavanagh & Dollard, 2018). These working students are frequently referred to as non-traditional students in the academic literature. The psychological experiences of non-traditional students who work is a pertinent and expanding area of interest for multiple stakeholders (Owen et al., 2018). These experiences can be classified through the constructs of Work-School Conflict (WSC) and Work-School Enrichment (WSE), which refer, respectively, to the negative and positive aspects of the work-school interface (Butler, 2007). The antecedents of WSC and WSE experiences amongst nontraditional working students have to date not received any empirical attention in the South African research literature. This study aims to address this gap by contributing to the national body of knowledge in this area. The measures used were secondary self-report survey data completed by post-graduate university students who are simultaneously engaged in paid work (N=330). Multiple regression analyses indicated that time demands, job demands and social support from work explained a significant proportion of WSC; whilst job-school congruence and social support within the work context were statistically significant predictors of WSE. Moderation analyses revealed that social support at work influenced the relationship between job demands and WSC, whilst employee role saliency significantly interacted with job-school congruence to influence WSE. The results of this study are aligned to international work-school research findings, which support the additive model of job characteristics as antecedents to WSC and WSE. These results also provide deeper insight into the less explored moderation effects of work resources and demands interacting to influence WSC and WSE. Theoretical, management and educational implications of these findings are considered in relation to the existing literature.

No description available.