Decisions to reform pharmaceutical policy often involve trade-offs between competing social and commercial goals. Canada's Access to Medicines Regime (CAMR), a reform that permits compulsory licensing for the production and export of medicines to developing countries, aimed to reconcile these goals. Since it was passed in 2004, only one order of antiretroviral drugs, enough for 21,000 HIV/AIDS patients in Rwanda for one year, has been exported. Future use of the regime appears unlikely. This research aimed to examine the politics underlying the formation of CAMR. Parliamentary committee hearing transcripts from CAMR's legislative development (2004) and from CAMR's legislative review (2007) were analyzed using a content analysis technique to identify how stakeholders who participated in the debates framed the issues. These findings were subsequently analyzed using a framework of framing, institutions and interests to determine how these three dimensions shaped CAMR's final policy design. In 2004, policy debates were dominated by two themes: intellectual property rights and TRIPS compliance. Promoting human rights and the impact of CAMR on innovation were hardly discussed. With the Departments of Industry Canada and International Trade as the lead institutions, the goals of protecting intellectual property and ensuring good trade relations with the United States appear to have taken priority over encouraging generic competition to achieve drug affordability. The result was a more limited interpretation of patent flexibilities under the WTO Paragraph 6 Decision. The most striking finding is the minimal discussion over the potential barriers developing country beneficiaries might face when attempting to use compulsory licensing, including their reluctance to use TRIPS flexibilities, their desire to pursue technological development and the constraints inherent in the WTO Paragraph 6 Decision. Instead, these issues were raised in 2007, which can be partly accounted for by a greater representation of the interests of potential beneficiary country governments. While the Government attempted to strike a balance between drug affordability and intellectual property protection, it designed CAMR as a last resort measure. Increased input from the developing country beneficiaries and shifting to institutions where the right to health gets prioritized may lead to policies that better achieves affordable drug access.

Decisions to reform pharmaceutical policy often involve trade-offs between competing social and commercial goals. Canada's Access to Medicines Regime (CAMR), a reform that permits compulsory licensing for the production and export of medicines to developing countries, aimed to reconcile these goals. Since it was passed in 2004, only one order of antiretroviral drugs, enough for 21,000 HIV/AIDS patients in Rwanda for one year, has been exported. Future use of the regime appears unlikely. This research aimed to examine the politics underlying the formation of CAMR. Parliamentary committee hearing transcripts from CAMR's legislative development (2004) and from CAMR's legislative review (2007) were analyzed using a content analysis technique to identify how stakeholders who participated in the debates framed the issues. These findings were subsequently analyzed using a framework of framing, institutions and interests to determine how these three dimensions shaped CAMR's final policy design. In 2004, policy debates were dominated by two themes: intellectual property rights and TRIPS compliance. Promoting human rights and the impact of CAMR on innovation were hardly discussed. With the Departments of Industry Canada and International Trade as the lead institutions, the goals of protecting intellectual property and ensuring good trade relations with the United States appear to have taken priority over encouraging generic competition to achieve drug affordability. The result was a more limited interpretation of patent flexibilities under the WTO Paragraph 6 Decision. The most striking finding is the minimal discussion over the potential barriers developing country beneficiaries might face when attempting to use compulsory licensing, including their reluctance to use TRIPS flexibilities, their desire to pursue technological development and the constraints inherent in the WTO Paragraph 6 Decision. Instead, these issues were raised in 2007, which can be partly accounted for by a greater representation of the interests of potential beneficiary country governments. While the Government attempted to strike a balance between drug affordability and intellectual property protection, it designed CAMR as a last resort measure. Increased input from the developing country beneficiaries and shifting to institutions where the right to health gets prioritized may lead to policies that better achieves affordable drug access.

In this thesis, various machine learning domains have been combined in order to build a video recommender system that is based on object detection. The work combines two extensively studied research fields, recommender systems and computer vision, that also are rapidly growing and popular techniques on commercial markets. To investigate the performance of the approach, three different content-based recommender systems have been implemented at Spotify, which are based on the following video features: object detections, titles and descriptions, and user preferences. These systems have then been evaluated and compared against each other together with their hybridized result. Two algorithms have been implemented, the prediction and the top-N algorithm, where the former is the more reliable source for evaluating the system's performance. The evaluation of the system shows that the overall performance scores for predicting values of the users' liked and disliked videos are in the range from about 40 % to 70 % for the prediction algorithm and from about 15 % to 70 % for the top-N algorithm. The approach based on object detection performs worse in comparison to the other approaches. Hence, there seems to be is a low correlation between the user preferences and the video contents in terms of object detection data. Therefore, this data is not very suitable for describing the content of videos and using it in the recommender system. However, the results of this study cannot be generalized to apply for other systems before the approach has been evaluated in other environments and for various data sets. Moreover, there are plenty of room for refinements and improvements to the system, as well as there are many interesting research areas for future work.

No description available.

Esta dissertação trata da regulamentação legal insuficiente do direito social fundamental ao benefício de prestação continuada - BPC (artigo 203, V, da Constituição Federal de 1988), estampada na regra do artigo 20, §3º, da Lei 8.742/93 (critério da renda per capita familiar ou critério econômico de concessão). Estuda a viabilidade, sob o aspecto jurídico, da aplicação da regra do artigo 34, parágrafo único, da Lei 10.741/03, como parâmetro objetivo complementar e propõe a extensão possível de aplicação desse dispositivo legal. Indica, também, considerando como necessário o diálogo do direito com outros ramos científicos, alguns caminhos possíveis para futuros estudos que tenham como objeto a atividade de criação de um novo critério de concessão do BPC. O presente estudo se desenvolveu, preponderantemente, mediante exame bibliográfico, com prevalência do raciocínio dedutivo. Compreendeu, também, análise de decisões judiciais, a qual foi enquadrada como qualitativa documental (tida como modalidade metodologicamente mais flexível de pesquisa empírica). Partiu-se de uma abordagem metodológica que compreende a dogmática jurídica como constituída por três dimensões: analítica, empírica e normativa. / This thesis discusses the insufficient legal regulation in the context of the fundamental social right to the benefit of continued support - CBC (Article 203, V, of the Federal Constitution of 1988), set forth in the rule provided by Article 20, §3°, of Law 8,742/93 (per capita income standard or economic criteria of concession). It also seeks to study the legal aspects related to the viability of the application of the rule set forth in Article 34, sole paragraph, of Law 10,741/03, as a complementary objective parameter, as well as proposes a possible extension of the enforcement of such legal provision. In addition, and considering as necessary the dialog between law and the other scientific fields, it also indicates possible paths for future studies that target the creation of a new concession criteria for the CBC. The study was developed based on the review of bibliographic material, with prevalence of the deductive reasoning. It also comprehends the review of court precedents, which were classified as documental qualitative (considered as a more flexible methodological modality of empirical research). The methodological approach used comprehends the legal dogmatic as formed by three dimensions: analytical, empirical and normative.

The aim of the thesis is the analysis of the performance management of teachers in a school established in accordance with § 16 para. 9 of the Education Act. The theoretical part of the thesis specifies the concept of human resource management and defines the individual personnel activities as a tool for human resource management. It highlights from personal activities the function of performance management and describes it using the literature. It specifies in detail the phases of the cycle of the performance management process. The theoretical part contains the description of the process of performance management of teaching staff, defines the identification of the specific conditions in a school established by § 16 para. 9 of the Education Act, which may have an impact on the monitored personal activities. The analytical part of the thesis provides the results of research in primary schools established by § 16 para. 9 of the Education Act. The survey was conducted using explorative method in questionnaire and the type of the case study. The data collection in the case study was realized using individual semi-standardized interviews and the analysis of school documents and guidelines. It was found that for the determination of the performance management of teachers in a school established by § 16...

Submitted by Joao Rodrigo Maier (jmaier@tavanomaier.com.br) on 2018-09-19T22:59:33Z No. of bitstreams: 1 Dissertacao Final JoaoMaier Set2018.v3.pdf: 637076 bytes, checksum: 8f112ee15ab7de85bdb200026a094649 (MD5) / Approved for entry into archive by Joana Martorini (joana.martorini@fgv.br) on 2018-09-20T14:12:11Z (GMT) No. of bitstreams: 1 Dissertacao Final JoaoMaier Set2018.v3.pdf: 637076 bytes, checksum: 8f112ee15ab7de85bdb200026a094649 (MD5) / Approved for entry into archive by Suzane Guimarães (suzane.guimaraes@fgv.br) on 2018-09-20T16:06:33Z (GMT) No. of bitstreams: 1 Dissertacao Final JoaoMaier Set2018.v3.pdf: 637076 bytes, checksum: 8f112ee15ab7de85bdb200026a094649 (MD5) / Made available in DSpace on 2018-09-20T16:06:33Z (GMT). No. of bitstreams: 1 Dissertacao Final JoaoMaier Set2018.v3.pdf: 637076 bytes, checksum: 8f112ee15ab7de85bdb200026a094649 (MD5) Previous issue date: 2018-08-27 / Com o objetivo de aferir a aplicação de lei supletiva quando facultativa e quando obrigatória, notadamente para compreender as implicações da sujeição da sociedade limitada às normas das sociedades anônimas decorrente da opção dos sócios, este trabalho analisa algumas possibilidades de aplicabilidade da regência supletiva da Lei das Sociedades Anônimas à sociedade limitada em razão da faculdade prevista no parágrafo único do artigo 1.053 do Código Civil. Procura verificar também, mediante análise da doutrina e jurisprudência dos tribunais superiores e de alguns tribunais estaduais, em que circunstâncias era aplicada a Lei das Sociedades Anônimas na vigência do Decreto nº 3.708/19, que determinava, de forma imperativa, a aplicação da lei do anonimato. Pretende-se, por conseguinte, neste trabalho, mostrar a importância de fazer constar no contrato social ex ante, situações específicas estabelecidas na Lei das Sociedades Anônimas - convenientes aos sócios e à sociedade - e não albergadas no Código Civil, ainda que haja previsão genérica da aplicação supletiva da lei do anonimato, de forma a permitir que os sócios tenham mecanismos pré-definidos para condução dos negócios sociais e mitigar, nestes pontos, a possibilidade de intervenção judicial. / With the purpose of ascertaining the application of an alternative law, when it is optional and when it is mandatory, notably to understand the implications of the subjection of a limited liability company to the rules of joint-stock companies, as a result of a choice by the quotaholders, this paper analyzes some of the possibilities of alternative application of the Corporations Law to a limited liability company, due to the option given in the sole paragraph of article 1,053 of the Civil Code. It also seeks to verify, by means of an analysis of the doctrine and the case law of the superior courts and some state courts, under which circumstances the Corporations Law was applied during the term of effectiveness of Decree No. 3,708/19, which set forth, in an imperative manner, the application of the law of joint-stock companies. Therefore, the purpose of this paper is to show the importance of including in the ex ante articles of association specific situations established in the Corporations Law – convenient to the quotaholders and to the company – and not covered by the Civil Code, even if there is a generic provision for the alternative application of the joint-stock companies law, so as to allow the quotaholders to have previously defined mechanisms to carry out the company’s businesses and mitigate, in such points, the possibility of court intervention.

摘要 政府採購法72條第2項減價收受規定，可說是機關處理驗收之例外規定，關係機關採購後續使用情形及廠商權益甚鉅。本文以工程採購為研究對象，以工程採購著眼於工作之完成，來探討採購法驗收之法律效果，以釐清減價收受之效力。 依採購法72條第2項規定，明定減價收受之要件，包括驗收結果與規定不符、不妨礙安全及使用需求、通常效用或契約預定效用，經機關檢討不必拆換或拆換卻有困難、得於必要時，機關得採減價收受，因此機關驗收時，發現與規定不符，仍須滿足前開之要件，方得採減價收受，否則應依採購法72條第1項規定，請廠商限期改善。 從民法概念來看，減價收受無所謂過失責任，基本上肇因於廠商債務不履行，債務不履行可分為給付不能或不完全給付，二者區分實益在於給付是否可能，亦關係機關評估是否辦理減價收受及後續損害賠償問題。此外，減價收受亦關係工程承攬契約之瑕疵擔保責任與保固責任，以及減價收受之額度與違約金等相關問題。本論文希望藉由理論探討，及法院判決、調解建議及仲裁等相關實務案例，以釐清減價收受所遭遇之相關問題。 / The acceptance with price-reduction under Article 72, paragraph 2 of the “Government Procurement Act”, could be said an exceptional part of the inspection and acceptance under the Act. It is regulated to the interests and duties between the two parties of governmental purchasement. This study intentioally analyzes the “construction work”, which is used to focus on the completeness of definit work and to cope with the contract requirements. When it happens to be accepted with price reduction, what is the reason and what will be going on? According to the Article 72, paragraph 2 of the “Government Procurement Act”, where the result of inspection indicates any non-conformity with the contractual requirements, but the non-conformity neither hinders the safety or use required nor decreases the general function or the function designated by the contract, an acceptance with price-reduction may be conducted under conditions that the entity has determined that there is no need or it is difficult to make replacement. Otherwise, the entity should require the suppliers make improvement within a time-limit according to the paragraph 1 of Article 72. Based on the concepts of the Civil Code, the acceptance with the price-reduction does not depend on responsibility for intentional or gross negligent acts. It is caused by the suppliers’ non-performance, when the performance becomes impossible or imcomplete. The governmental entity will also transfer to claim conpensation for the injury. This issue also involves the obligation of suppliers to repair the defects within the specified period, not only after the inspection and acceptance. The reasonable amount of price-reduction and the penalties are also important to be disscussed. This study wants to clarify all the issues and the effects of the acceptance with price-reduction through the theory discussion and the reviewing of juridical cases, mediations and arbitrations.