This thesis presents three chapters. In Chapter 1, I propose a simple one-to-one matching model, where individuals on one side have private information that affects the preferences of the individuals on the other side. I show the existence of the stable and strategy-proof mechanism in this environment. I present an algorithm that defines this mechanism - the Serial Dictatorship algorithm with cutoffs. I also consider the concept of obvious strategy-proofness. I first consider the case where only preferences, but not experience levels, are sellers' private information. For this case, Serial Dictatorship with cutoffs elicits preferences in an obviously strategy-proof way. On the other hand, when only experience levels, but not preferences are private information, I show that there is no obviously strategy-proof and stable mechanism. A consequence of the latter result is that obvious strategy-proofness is incompatible with stability. Chapter 2 considers settings with rich private information - an agent's type may include private information other than just his preferences. In such settings, I identify a necessary condition for obviously strategy-proof implementation of social choice rules. I consider applications to strict preferences, matching and object allocation. The main assumption behind the obvious dominance is that agents might be cognitively limited and can not engage in contingent reasoning at all. This assumption is unreasonably weak compared to the standard assumption that agents can perfectly distinguish contingencies. In Chapter 3, I strengthen it slightly by assuming that agents are able to do at least some contingent reasoning. I define what it means for the strategy to be obviously dominant with respect to a partition of the state space. I call such strategies partition dominant strategies. A strategy is an almost obviously dominant if, for all possible partitions, but not for the coarsest, it can be identified as being partition dominant. My hypothesis is that even though some agents can not do state-by-state reasoning as rational players do, they are able to do at least some partitioning of the other player’s actions and regardless of how the partitioning is done, the agents can identify an almost obviously dominant strategy.

Causal reasoning is an important part of scientific thinking, and even young children can use causes to explain what they observe and to make predictions. Weight is an interesting type of cause because it is a nonobvious property, and thus is not readily observable. The first research question of my dissertation examines when children use this property as a cause. In Study 1, 2- to 5-year-old children completed three different tasks in which they had to use weight to produce effects; an object displacement task, a balance-scale task, and a tower building task. The children’s use of weight improved with age, with 4- and 5-year-olds showing above-chance performance on all tasks. The younger children’s performance was more variable across tasks, suggesting that the complexity of the problem may influence their use of weight. The second research question is whether children’s use of weight as a cause can be improved. To examine this question, I varied the pedagogical cues that children received on the balance scale task from Study 1. The results of Study 2, indicate that highlighting the different effects of the heavy and light objects improves 3- to 4-year-olds’ performance. However, the results of Study 3 indicate that 2-year-olds did not benefit from even multiple pedagogical cues (contrasting the different effects and providing a verbal description to highlight the weight difference). To sum up, children at age 4 and above showed a general ability to use weight in across causal reasoning tasks. Whether children’s understanding of weight could be improved depended on their age and the cues given.

A patent is often characterized as a bargain between an inventor and society. Generally, for a patent to be considered valid, an invention must satisfy three broad criteria: it must be new, useful, and non-obvious. This paper focuses on the requirement of non-obviousness. It explores the criterion from inception to its current state and suggests a potential refinement. A multi-jurisdictional snap-shot is presented focusing on the United Kingdom, Australia, the United States, and Canada. It is submitted that the non-obvious prerequisite contains a problematic level of uncertainty. The law of obviousness lacks a baseline standard. To achieve certainty, it is suggested that the law adopt the principles pertaining to patenting combinations and aggregates. Ultimately the law of patents, inclusive of the doctrine of obviousness, must be fashioned and administered in a manner that respects the quid pro quo that has guided the law for many years.

A patent is often characterized as a bargain between an inventor and society. Generally, for a patent to be considered valid, an invention must satisfy three broad criteria: it must be new, useful, and non-obvious. This paper focuses on the requirement of non-obviousness. It explores the criterion from inception to its current state and suggests a potential refinement. A multi-jurisdictional snap-shot is presented focusing on the United Kingdom, Australia, the United States, and Canada. It is submitted that the non-obvious prerequisite contains a problematic level of uncertainty. The law of obviousness lacks a baseline standard. To achieve certainty, it is suggested that the law adopt the principles pertaining to patenting combinations and aggregates. Ultimately the law of patents, inclusive of the doctrine of obviousness, must be fashioned and administered in a manner that respects the quid pro quo that has guided the law for many years.

Made available in DSpace on 2016-04-27T18:12:12Z (GMT). No. of bitstreams: 1 Adriana Ferreira Borges.pdf: 1439890 bytes, checksum: 5eab02f6ed61f729a314c3399dc56329 (MD5) Previous issue date: 2016-02-26 / Conselho Nacional de Desenvolvimento Científico e Tecnológico / the last three decades, the Brazilian Speech Therapy has published studies on the voice of broadcasters, however the literature is sparse when it comes to the sports announcer, particularly that broadcasting football matches, despite being this one of the modalities narration of the most demanding voice and reflecting much of this emotion when the phrase. Objective: To analyze the meanings attributed by parties from listening to the radio voiceover goals during the World Cup 2014. Method: This research, cross-cutting, included the recording of the radio voiceover games in which Brazil participated, held by announcer reference in its field, recognized in the southeastern region. The collection was done in the days and hours established by the official calendar of the games by the International Football Federation. Following the passages concerning the expression of 30 goals collected were edited and subjected to acoustic analysis through Praat software, where it was registered the duration parameter. In sequence, after summoned by mailing, 123 subjects of both sexes participated as judges and evaluated through the Google Drive ® search tool, the narrations of the goals second six possible directions that could be expressed by the voice during the phrase matches: surprise, fear, joy, victory, excitement and anger. The descriptive analysis of data through absolute and relative frequencies was held, measures of central tendency (mean and median) dispersion (standard deviation, minimum and maximum). Results: The mean age of the 123 judges, was 32.85 years, ranging from 22-61 years and 74.0% were male. The average length of the goals was 50.93 seconds long when in favor 59.14, compared to 43.75 against. The analysis of the correlation of the senses to the length of the word goal identified that way joy, victory and enthusiasm had strong positive correlation. For goals occurred in the second half, the surprise effect was positive and strong correlation, joy, moderate and positive correlation, and moderate and negative fear, to the goals for the meaning joy also showed strong positive correlation statistically significant with the issue of word goal. As for the goals against which occurred in the second half, the surprise effect presented strong positive correlation. Conclusion: The duration of the goal word produced by the same speaker in different matches of the World Cup 2014, was recorded in long when checked for, and enabled the listener to identify different emotions mainly related to the senses of joy, victory, enthusiasm , surprise and fear / Nas últimas três décadas, a Fonoaudiologia brasileira vem publicando estudos sobre a voz de locutores de rádio, no entanto a bibliografia é escassa quando se fala do locutor esportivo, em particular daquele que transmite jogos de futebol, apesar de ser essa uma das modalidades de narração que mais exige da voz e que reflete muito da emoção presente no momento da locução. Objetivo: analisar os sentidos atribuídos por interlocutores a partir da escuta da locução radiofônica de gols durante a Copa do Mundo de 2014. Método: esta pesquisa, de natureza transversal, contou com a gravação da locução radiofônica de jogos em que o Brasil participou, realizada por locutor referência em sua área, reconhecido na região sudeste. A coleta foi efetuada nos dias e horários estabelecidos pelo calendário oficial dos jogos pela Federação Internacional de Futebol. A seguir os trechos referentes a locução dos 30 gols coletados foram editados e submetidos a análise acústica por meio do software Praat, em que foi registrado o parâmetro de duração. Na sequencia, após convocados através de mailing, 123 sujeitos de ambos os sexos, participaram como juízes e avaliaram, por meio de ferramenta de pesquisa no Google Drive ®, as narrações dos gols segundo seis possíveis sentidos que poderiam ser expressos pela voz, durante a locução das partidas: surpresa, medo, alegria, vitória, entusiasmo e raiva. Foi realizada a análise descritiva dos dados por meio de frequências absolutas e relativas, medidas de tendência central (média e mediana) dispersão (desvio-padrão, mínimo e máximo). Resultados: A média de idade dos 123 juízes, foi de 32,85 anos, variando entre 22 a 61 anos e 74,0% eram do sexo masculino. A média da duração dos gols foi de 50,93 segundos, maior tempo quando a favor 59,14, quando comparado ao contra 43,75. A análise da correlação dos sentidos com a duração da palavra gol identificou que os sentidos alegria, vitória e entusiasmo tiveram correlação forte e positiva. Para gols ocorridos no segundo tempo, o sentido surpresa apresentou correlação positiva e forte, alegria, correlação moderada e positiva, e medo moderada e negativa, para os gols a favor, o sentido alegria também apresentou correlação forte e positiva estaticamente significativa com a emissão da palavra gol. Quanto aos gols contra ocorridos no segundo tempo, o sentido surpresa apresentou correlação forte e positiva. Conclusão: A duração da palavra gol produzida por um mesmo locutor em diferentes jogos da Copa do Mundo de 2014, foi registrada em maior tempo quando marcado a favor, e possibilitou que o ouvinte identificasse diferentes emoções principalmente relacionadas aos sentidos de alegria, vitória, entusiasmo, surpresa e medo

This thesis focuses on the sale of a painting titled Portrait of Edmond de Belamy, a portrait produced by an artificial intelligence, at Christie’s auction house in New York in October 2018. The piece was created by the collective Obvious Art using the AI system Generative Adversarial Network (GAN). An art piece of this genre has never before been presented at a prestigious institution such as Christie’s. The purpose of the study is to estimate the importance of this auctioning for the Art world, based on textual analysis. Firstly, the essay will consider written articles processing the event of the auctioning by using a discourse analytic method. Secondly, the thesis will place the event into a context of art concepts, where Arthur Danto’s theories of the institutional art theory and George Dickie’s reasoning about the conferred status of art are particularly important. In addition, Stephen Davies’ theory of the concept of authority is equally essential in this part of the study. This part of the thesis also considers the historical event when Marcel Duchamp presented the urinal Fountain as art in the early 1900s. Finally, Portrait of Edmond de Belamy is analyzed using Heinrich Wölfflin’s formal analytical method. In the final discussion all parts of the study are merged, and it is argued that the sale of Portrait of Edmond de Belamy may represent a milestone for the art world, the art history and, in particular, for the AI art genre. Since Christie’s has the authority to confer art status upon objects and, based on the act of doing so regarding Portrait of Edmond de Belamy, one can see a clear change in the art history when an AI art is presented as an important piece in the art scene. On the other hand, it is also argued that it is far too early to predict what impact the auctioning will have for the future of the art history as the event is still imminent.

專利制度是知識經濟時代最為重要的一種智慧財產權形式，不但對於技術創新居功厥偉，在國際商業活動中也占有極具份量的地位。而在取得專利的三大要件中，以非顯而易知性（即我國進步性）最為棘手，蓋其本身屬於不確定之法律概念，而容有裁量空間。 非顯而易知性發軔於美國判例法，其後由實務主導其發展。在指標性案例KSR判決中，最高法院揭示了非顯而易知性的審查架構，以Graham四要件法則為根柢，並輔以顯可嘗試原則及彈性運用的TSM檢測法，整體而言KSR判決提高了非顯而易知性的適格門檻。在後KSR時代，CAFC在機械工業、醫藥品與生物科技等領域分別依不同程度適用KSR見解。2009年In re Kubin案確認KSR見解可適用於不可預測性較高之基因生技領域，近幾年來顯可嘗試原則也獲得高度重視。 相較而言，我國進步性審查主要依據智慧財產局所制定的專利審查基準，但行政審查常有過於直觀簡略之嫌；法院判決則在「發明所屬領域中具通常技術者之技術水準」與「該領域具通常技術者參酌先前技術所揭露之內容及申請時的通常知識，是否能所能輕易完成系爭申請發明之整體」此兩步驟的論證上較為欠缺，整體而言達成進步性結論之心證揭露程度不足，對於當事人有突襲性裁判之虞。 本研究基於上述觀察所得，對美國與我國關於非顯而易知性概念之認知與實踐進行比對，並分別就審查實務面與產業因應面提出微薄建議，以期借鏡美國法經驗使我國未來實務操作更趨完善。 / Patent system is one of the most important forms of intellectual property rights in the era of knowledge economy, not only indispensable for technological innovation, also of great influnce in the international business activities. Among the three requirements of patentability, “Non-obviousness” (ie, “Inventive Step” in Taiwan) is the most difficult to fulfill, due to the uncertainty of its legal concept and the room for discretion. Non-obviousness was carved out in the U.S. case law and continuously developed by the court rulings. In the benchmark case KSR v. Teleflex, the Supreme Court articulated that the examination framework of non-obviousness is based on Graham four factors, along with other principles like “Obvious to Try” and the TSM test in a more flexible way. In general, KSR lifted the eligibility threshold for non-obviousness. It has been applied in different degrees by the Court of Appeals for the Federal Circuit to various fields such as machinery industry, pharmaceuticals and biotechnology in the post-KSR era. Then it was recognized in 2009 In re Kubin case that the KSR opinion is applicable to the unpredictable field, gene biotechnology, for instance. Besides, the “Obvious to Try” principle has been gaining much attention in recent years. In comparison, both administrative and juducial examinations of inventive step in Taiwan are mainly based on the “Substantive examination guidelines for invention patent” issued by the Intellectual Property Office. However, the administrative review is often reckoned to be too intuitive and rough, and the court decisions are considered to be made with less expression on “the level of the PHOSITA” and “whether a PHOSITA with the reference to prior arts and common knowledge can complete the whole invention without difficulty.” In all, the lack of revealing the reasoning on the inventive step conclusion might expose the parties in danger of surprise judgements. Based on the above observations, this study compared the cognition and practice of non-obviousness both in the United States and in Taiwan, and as a result, presented some primary suggestions in light of the United States’ experience toward both the practice and industries, so that our inventive step examination practice in the future could be improved.

化學發明是專利申請領域別中另一個重要的領域，醫學藥品的龐大商機是重要的推手，因為大多數藥物的活性成份為有機小分子化合物，且研發一新藥，須費時10到15年，研發經費估計高達26億美金，各大專利藥廠當然積極申請專利，保護投資。另一方面，Hatch-Waxman Act鼓勵學名藥可以盡早上市，使一般民眾能以較便宜的價格取得所需藥品。在美國藥品市場數千億美元的商機吸引下，學名藥廠積極挑戰專利藥廠之專利權。其中非顯而易知性要件認定，為雙方訴訟爭點。 然，化學發明的非顯而易知性要件認定之所以異於機械、電子、電機等技術，在於我們無法準確預測在奈米尺度的化學反應與分子的物性與化性，因而產生化學反應結果的不可預期性。而藥物研發是先從資料庫中，篩選出具一定活性的化合物作為先導化合物，經由取代基的引入、改變，或官能基的置換，結合活性與化合物結構關係（SAR），達成先導化合物結構最佳化，以快速、準確的找出候選藥物分子，進入臨床實驗。 2007年，美國聯邦最高法院在KSR案，針對非顯而易知性，重申Graham 案建立的非顯而易知性判斷法則的重要性，與重新適用顯而易知的嘗試。KSR判決後，許多文章討論KSR判決將不只針對機械組合發明，同時也將會對醫藥化學發明非顯而易知性之認定標準，產生一定的影響。 本論文研究KSR判決後， CAFC使用顯而易知的嘗試、與先導化合物分析（lead compound analysis）判斷準則，於醫藥產業化學發明專利的非顯而易知性的判決。CAFC於涉及組合藥物或配方調配案件，使用顯而易知的嘗試審查基準；使用先導化合物分析，都涉及系爭藥物中「活性成份結構」的非顯而易知性認定，CAFC針對不同類型的化學發明案件，採用了不同的審查基準。 KSR判決雖然重新啟用「顯而易知的嘗試」判斷準則，且CAFC適用「顯而易知的嘗試」的案件，亦明顯的增加。唯，本論文研究發現，於醫藥產業化學發明專利的非顯而易知性的判決，仍明顯高於對非藥品相關案件。 / Chemical invention is one of key art in patent application driving from the huge market size of medicines, in which active ingredients are organic molecules. The average cost to research and develop each successful drug is estimated to be $2.6 billion US dollars, and took 10 to 15 years. In other word, whether pharmaceutical companies can recover their investment in drug development heavily depends on the patent protection of their drugs. On the other hand, the Hatch-Waxman Act introduced in 1984 created the generic drug pathway to the market, so general public can obtain the drugs at a affordable price. However, within this framework, the validity of drug patents are often challenged by generic manufactures, mainly the "non-obviousness" requirement in patent system. During this lengthy and expensive drug discovery, chemist often entails making small modifications to lead compounds to establish structure-activity relationship (SAR) to speed up the process. Those modifications might be deemed “obvious to try”—and then studying the largely unpredictable, yet critical, resulting biological effects. In 2007, the Supreme Court of the United States, in KSR decision, reasserted that a prima facie case of obviousness may be determined by the framework set forth in Graham and "obvious to try" test. Since then, there are predictions that KSR decision will have a substantial impact in pharmaceutical and life sciences arts. This study, we examine the CAFC ruling in pharmaceutical arts regarding to "non-obviousness" issue by "obvious to try" and "lead compound analysis" test after the KSR decision. And found that the "non-obviousness" judgment of the chemical invention patent in the pharmaceutical industry was still significantly higher than that of the non-drug-related cases.

No description available.

En empruntant une démarche prospective, l’objectif de cette contribution est de mettre en lumière l’existence d’une évolution de la condition juridique des personnes privées de liberté du fait d’une décision administrative. Si pendant longtemps l’obligation de préserver l’ordre public a été présentée comme conférant de nombreuses prérogatives à l’administration, elle doit désormais être décrite comme une mission de service public devant s’accomplir conformément à un modèle de comportement, sans toutefois que l’on puisse aujourd’hui évoquer l’existence de véritables sujétions à la charge de l’administration. Si cette évolution a été rendue possible, c’est en grande partie grâce à de «nouveaux contre-pouvoirs» qui ont contribué au renforcement de leur protection en participant plus ou moins directement à l’identification des obligations que toute administration qui prend en charge une personne privée de liberté devrait respecter et en concourant à leur défense. / By taking a prospective approach, the main of this work is to highlight the existence of an evolution of the legal status of persons deprived of their liberty for an administrative decision. Though the obligation to preserve public order has long been introduced as granting the administration many prerogatives, it must from now on to be equally described as a public-service mission that should be accomplished in accordance with a particular behavior model, without however, always mentioning the presence of actual constraints at the expense of the administration because of the numerous shortcomings currently affecting the protection system. Presumably, if this improvement has been made possible, it is in mainly due to “this new opposing-force concept” that has contributed to strengthening theirs protection especially by participating in the identification of the obligations that should be respected by all administrations which have to take care of a person deprived of liberty.