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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
181

Enhancing women's access to essential medicines in Nigeria : a reconsideration of the patent framework of the TRIPS Agreement to improve access to medicines, as a right to health and a means to human development in Nigeria

Mike, Jennifer Heaven January 2016 (has links)
The overall objective of this study is to promote the human rights to health of Nigerian women to have access essential medicines, to enhance their human capabilities for human development. This thesis argues for an improvement of women’s access to medicines within the context of patent law and rights in the international IP regime of the Trade Related Aspect of Intellectual Property (TRIPS) Agreement and Nigeria’s national patent system. Towards this goal, the thesis makes the point that patent law and its exclusive rights, both the TRIPS Agreement and national law of Nigeria, do not exist in a social welfare vacuum. The legal text of patent law, which confers rights on inventors when enforced, translates to many other things outside the sphere of property rights; indeed, it can be a matter of life and death. It is argued in this regard that patent right could, in effect, interfere with access to medicines and therefore, the right to health and prospects for human development. The thesis therefore argues that, in the construction, interpretation and enforcement of patent law in Nigeria, there is a need to take into consideration its impact on public health. It is against this backdrop that the research assesses the legal framework of pharmaceutical patents and the implications for women’s access to medicines, from a right to health and human development perspective. This interdisciplinary study is with a view to suggesting ways in which Nigeria’s patent system can be more human development and human rights friendly in the interest of public health, particularly, the use of the TRIPS flexibilities to enhance access to life-saving medicines in Nigeria. Since Nigeria as a member of the World Trade Organisation, is bound by its treaty obligation to adopt the provisions of the TRIPS Agreement, the thesis makes proposals for ways in which the Nigerian government and law-makers, can adapt the patent rules and the flexibilities to suit development objectives and promote public health within the benchmark allowed in TRIPS. In this respect, this thesis critically investigates the practical implications of the available flexibilities and options in the TRIPS Agreement that can be used to address the effects of patents on access to medicines. While this thesis concedes the view that the hindrances to accessibility of essential drugs in Nigeria are multi-faceted and demand a multi-dimensional approach for a lasting solution, it is specifically argued that the TRIPS flexibilities are significant means for addressing the challenges of affordable access to important health treatments within the context of patent law. However, it is emphasised that utilising the flexibilities will require that Nigeria’s patent system is strategically designed to take full advantage of the available safeguards and options. To this end, this study recommends ways to incorporate the flexibilities to enhance access to medicines in Nigeria while avoiding the technical and regulatory pitfalls that have trailed the enforcement of the flexibilities by other developing countries.
182

Miljö- och Handelsgåtan : Intellektuella egendomsrätter och dess implikationer i en globaliserad verklighet / The Environment And Trade Conundrum : Intellectual property rights and its implications in a globalised reality

Johansson, Mattias January 2002 (has links)
This paper seeks to discern the political factors that determine the results of negotiations in international cooperation. On the one hand, it makes a contribution to the broader theoretical debate on international regimes by combining regime theory and theories on globalisation into an integrated framework for the analysis of international policy results, or in this case treaties (theoretical objective). More generally, globalisation theory will help us understand why it has become important to initiate international cooperation, and regime theory to elucidate how these international cooperations emerge. To many observers, it is the large transnational corporations of the rich North, which have done best out of free trade. Through the huge influence they wield over governments at the WTO (World Trade Organisation), these corporations have won the freedom to move around the globe without restriction, making use of cheap labour, and locating wherever they can best tap into the largest and most lucrative markets. Suprastate global governance, such as the WTO and its TRIPs (Trade Related Intellectual Property Rights) regime, is the response to deal with the reality in which we live - the globalised reality. But global governance comes to a price. States have lost their supreme sovereignty in the face of globalisation and the power of the globalised economy and transnational corporations. This paper presents evidence that it does not seem likely that the parties to both the TRIPs Agreement and the Convention on Biological Diversity, in reality, can meet the obligations set out by these two agreements. Furthermore, this study points to those negative impacts the TRIPs Agreement poses to an enhancing of biological diversity and protection of indigenous knowledge.
183

Um professor em dois mundos: a viagem do professor Luiz Augusto dos Reis à Europa (1891) / A Professor in two worlds: a trip of Professor Luiz Augusto dos Reis to Europe (1891).

Inára de Almeida Garcia Pinto 31 October 2011 (has links)
Esta tese examina o relatório produzido pelo professor primário Luiz Augusto dos Reis que, em 1891, partiu do Rio de Janeiro para a Europa com destino a Portugal, Espanha, França e Bélgica, a fim de verificar as condições da instrução pública nas regiões descritas como representantes do mundo civilizado. Na análise do relatório como fonte e como objeto, ressalto as condições de emergência dessas viagens, os aspectos gerais considerados pelo professor, o percurso e representações que construiu a respeito da escola e da cultura escolar estrangeira e brasileira, a partir do que observou, anotou e julgou no roteiro de visitas às escolas públicas. Tal exercício tornou possível construir uma espécie de mapeamento dessa viagem, importante tanto por apresentar os elementos da cultura escolar estrangeira e brasileira, que nos remeteram às questões envolvidas no processo de escolarização da população nos dois mundos, quanto para iluminar as ligações históricas, a fim de afirmar as aproximações e os afastamentos entre os usos dos modelos pedagógicas, com destaque para as mobílias escolares, os projetos educativos e os manuais pedagógicos em Portugal e no Brasil. Com o investimento, esta tese reforçou a ideia da circulação de modelos culturais no extenso movimento de modernização escolar e internacionalização, ocorridos nas últimas décadas do século XIX. / This thesis exams the report that Professor Luiz Augusto dos Reis produced during his trip started in 1891, from the Federal District to Europe, including Portugal, Spain, France, and Belgium. His objective was to investigate the situation of public education in regions described as civilized worlds. Upon the analysis of the report as a source and object, I highlight the precarious conditions of travels such as the one performed by the Professor, the general aspects considered by the Professor, the path and considerations that he built regarding school and school culture, both Brazilian and International, which he observed, analyzed and judged during his routine of visits to public schools. Such undertaking allowed me to build a sort of mapping of the trip, which is important not only for presenting the elements of the school culture in Brazil and abroad, which brings to surface questions related to the schooling process in the two worlds, but also for bringing light to historical connections, approximations and separations of the pedagogical models, particularly the school furnishings, the educational projects and the pedagogical manuals in Portugal and Brazil. With this investment, this thesis reinforced the idea of circulation of cultural models in the large movement of educational modernization and internalization, which took place in the last decades of the XIX century.
184

Les limites du mécanisme de règlement des différends de l'OMC à l'égard de la mise en oeuvre de l'accord sur les ADPIC en Chine

Cao, Peng 07 December 2011 (has links)
Avant même son adhésion à l’OMC, la Chine disposait déjà en matière de propriété intellectuelle d'un arsenal juridique très complet sous de fortes influences extérieures, en particulier américaines. La Chine a instauré le système complet et efficace de propriété intellectuelle en moins de trente ans, elle a capacité de, au moins théoriquement, remplir ses engagements internationaux de l’Accord sur les ADPIC. La Chine semble maintenant l'un des pays où la protection de la propriété intellectuelle est du niveau mondial le plus avancé. Dans ce cas là, on peut néanmoins s’interroger, si on constate que la Chine a déjà rempli ses engagements internationaux en cette matière, pourquoi les Etats-Unis ont déposé deux plaintes relatives au régime chinois de propriété intellectuelle auprès de l’OMC en avril 2007 ? Pourquoi la Chine a une fois de plus été inscrit en 2007 par les Etats-Unis sur la « liste 301» ? Et pourquoi la Chine est toujours considérée comme un pays roi de la contrefaçon aux yeux des occidentaux ?Les pays développés peuvent arriver à imposer une législation aux pays en développement, ils ne peuvent cependant pas imposer sa mise en œuvre. Comme le dit le fameux proverbe, « Tu peux amener un cheval au bord de la rivière, tu ne peux néanmoins pas le faire boire ». La raison nous semble évidente en espèce : l’élaboration d’une loi suppose une action des autorités étatiques, qui pourrait être faite comme un choix diplomatique sous des contraintes ; l’application de la loi dans une société dépend des éléments juridique, économique, culturel, moral, etc., qui ne peut pas être obtenue sous l’effet d’une contraintes de quelque sorte que ce soit. Cela nous invite à réfléchir sur l’applicabilité du mécanisme de règlement des différends de l’OMC à la mise en œuvre de l’Accord sur les ADPIC. La protection des droits de propriété intellectuelle dans les pays en développement met en lumière des problèmes systémiques dont le traitement nécessite une approche globale. Même si la Chine n’est qu’un exemple des pays en développement, à cause de sa taille, c’est toujours la protection des droits de propriété intellectuelle en Chine qui attire le plus l’attention au niveau mondial. En Chine, comme dans tous les pays en développement, le décalage entre la législation nationale en matière de propriété intellectuelle et sa mise en œuvre ne peut diminuer qu’au fur et à mesure de l’évolution de la société dans les aspects concernant l’Etat de droit, la mentalité des habitants à l’égard des droits de propriété intellectuelle, le rôle de la propriété intellectuelle dans le développement de la société, etc. / Even before its entry into the WTO, China had already had a complete set of legal means in the field of intellectual property under the great external influences, especially from the United States., China has established an integrated and valid system of intellectual property in no more than three decades, therefore, she is capable of, at least theoretically, fulfilling her international commitments to the TRIPS Agreement. Nowadays, China seems to become one of the countries which have the world's highest level of intellectual property protection. Given the circumstances, if it is perceived that China has already fulfilled its international obligations under TRIPS Agreement, we still wonder why the United States appealed twice to WTO concerning China’s intellectual property system in 2007 ? Why was China listed in the "The 301 Clause" again in 2007 by the United States? And why has China been considered a manufacturer of counterfeits in westerners’ eyes?Developed countries can compel developing countries to make laws, but they can not ensure the implementation of laws. As the famous proverb goes, "You can lead a horse to the water, but you cannot make it drink." The reason seems quite obvious: legislation is an action of a country, which may be made as a diplomatic choice under certain pressure; while the application of the law, whose effect is unlikely to be achieved under any kind of external pressure, is dependant on various factors such as jurisdiction, economy, culture, ethics etc. This enables us to reflect on the validity of the WTO mechanism of dispute settlement in the implementation of the TRIPS Agreement. The protection of intellectual property rights in developing countries concerning some systematic problems requires a comprehensive cognition. Although China is an example of developing countries due to her size, the protection of intellectual property rights in China has always attracted various attentions worldwide. In China, as in all the other developing countries, the disparity between the legislation and implementation on intellectual property can only be reduced with the gradual social development in aspects of the establishment of a country under the rule of law, the ideological recognition of intellectual property rights by the public, the role of intellectual property in the process of social development, etc.
185

The Legitimacy of the World Trade Organization Rulemaking Processes: A Case Studies Analysis

Fraser, Véronique January 2015 (has links)
In the last decade, World Trade Organization (WTO) Members have paid little attention to the WTO rulemaking processes and their functioning. Two high-levels commissions, as well as some scholars, have identified several areas of concerns with respect to the WTO rulemaking processes. Some of them have put forth proposals for their reform. However, the WTO has not proceeded with or even reflected upon any major reforms affecting the functioning of its rulemaking processes. The lack of attention by the Members regarding these issues motivated the focus of this thesis on the legitimacy of the WTO rulemaking processes. The principal research question of this thesis is: Are the WTO rulemaking processes legitimate? To what degree? Answering this first research question necessarily leads to a secondary one: How can the WTO rulemaking processes be assessed? This thesis recognizes that there is no uniform way for assessing legitimacy both at the national and international levels. It borrows from David Beetham's legitimacy conception and assesses the legitimacy of the WTO rulemaking processes from the standpoint of WTO Members. It builds a theoretical framework for assessing the legitimacy of the rulemaking processes on the basis of Members' conception of the WTO and the concepts of input and output legitimacy that have been frequently applied to the WTO and from which are derived four legitimacy criteria: legality, effectiveness, representativeness and openness. This thesis furthermore advances that legitimacy can only be effectively assessed as a matter of degree and, therefore, develops a multidimensional interval scale to allow a precise measurement of the four criteria of legitimacy as applied to the WTO rulemaking processes. In order to assess the rulemaking processes, it uses three cases that have led to the adoption of new rules or agreements. In fact, legitimacy matters even more for the processes that led to actual rules due to the fact that they generate binding outcomes. Such a methodology based on case studies arguably provides a more accurate representation of the WTO rulemaking processes than the general processes that have been described in the secondary literature.
186

Exploring the legal implications of the Trips trademark rules on the consumers' right to health in Africa

Kazoba, Grace Kamugisha January 2007 (has links)
This research explores the international and national (such as Kenya, South Africa, Uganda, Tanzania and the OAPI region) standards of trademark law as well as the international rules promoting free flow of goods and how these two legal systems safeguard the consumers’ right to health. Focuses on the following two specific aspects of trademark law: counterfeiting which includes infringement, and licensing of a trademark in relation to consumers’ protection. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Atangcho N Akonumbo Senior Lecturer, Catholic University Yaounde, Cameroon. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM
187

A biomechanical approach to prevent falls in ergonomic settings

Kodithuwakku Arachchige, Sachini 09 August 2022 (has links) (PDF)
Introduction: Fall-related injuries are exceptionally prevalent in occupational settings. While endangering the workers’ health, falls cause poor productivity and increased economic burden in the workplace. Hence, identifying these threats and training workers to achieve proper postural control is crucial. Purpose: Study 1: To investigate the ankle joint kinematics in unexpected and expected trip responses during single-tasking (ST), dual-tasking (DT), and triple-tasking (TT), before and after a physically fatiguing exercise. Study 2: To investigate the impact of virtual heights, DT, and training on static postural stability and cognitive processing. Methods: Study 1: Twenty collegiate volunteers (10 males and females, one left leg dominant, age 20.35 plus-minus 1.04 years, height 174.83 plus-minus 9.03 cm, mass 73.88 plus-minus 15.55 kg) were recruited. Ankle joint kinematics were recorded while treadmill walking during normal gait (NG), unexpected trip (UT), and expected trip (ET) perturbations with DT and physical fatigue. Study 2: Twenty-eight collegiate volunteers (14 males and females; all right leg dominant; age 20.48 plus-minus 1.26 years; height 172.67 plus-minus 6.66 cm; mass 69.52 plus-minus 13.78 kg; body mass index 23.32 plus-minus 3.54 kg/m2) were recruited. They were exposed to different virtual environments (VEs) over three days with and without DT. Postural sway parameters, lower extremity muscle activity, heart rate, and subjective anxiety parameters were collected. Results: Study 1: Greater maximum ankle angles were observed during UT compared to NG, MDT compared to ST, and TT compared to ST, while greater minimum ankle angles were observed during ET compared to NG and during post-fatigue compared to pre-fatigue. Study 2: Greater postural decrements and poor cognitive processing were observed in high altitudes and DT. Discussion & conclusions: Study 1: Trip recovery responses are different between during DT, TT, and fatigue. Study 2: Static postural stability deteriorates at higher virtual altitudes and with DT, while it improves with a two-day training. Virtual height exposure reduces cognitive performance. Importance: The findings of these studies will provide insights into the biomechanics of falls in ergonomic settings and aid in designing functional and convenient fall prevention programs.
188

Utomhusundervisning för att främja lärandet - En pedagogisk undersökning om minnet och inlärning

Hansson, Veronica, Olausson, Nathalie January 2010 (has links)
Grundtanken med detta arbete är att se om utomhuspedagogik möjligtvis främjar lärandet och om det går att finna stöd inom neurologisk forskning för att ta reda på om lärandet stimuleras vid användandet av utomhusundervisning. Undersökningar har genomförts för att se om lärare och elevers syn på utomhusundervisning sammanfaller. Arbetet bygger på litteraturstudier, intervjuer, en observationsstudie, samt enkätundersökningar för att besvara forskningsfrågorna. I denna studie har det framkommit att utomhusundervisning främjar lärandet, främst beroende på de multipla sinnesintryck som utomhusvistelsen skapar. Denna iakttagelse stöds även av neurologisk och pedagogisk forskning. Det har även framkommit att lärare och elever tycker att utomhusundervisning är ett viktigt och positivt inslag i undervisningen.
189

Ecumenism, encounter, and friendship: a practical theology of the mission partnership between the Pentecostal Church of Chile and the United Church of Christ

Ney, Christopher Paul 01 September 2023 (has links)
The challenge of building relationships of authentic mutuality across lines of difference is an increasingly critical concern in the Christian church and the larger society. Despite decades of work to overcome racism and the legacy of colonialism, cross-cultural relationships are still marred by misunderstanding, an imbalance of resources, and the risks of paternalism and dependence. In the church, these issues often come into focus in mission work, both domestic and international. This research explores the potential and the obstacles to the formation of just relationships through the careful examination of a case—the mission partnership between the Pentecostal Church of Chile and the United Church of Christ. These two denominations, from different branches of the global church but with a shared commitment to ecumenism, undertook multiple shared programmatic activities that facilitated encounters that made possible enduring friendships, despite the obstacles created by differences in language, culture, religious practice, and economic development. The study employs a mixed methodology located within practical theology, including the construction of a history of this partnership through the use of archival materials, a discussion of the history of ecumenical conversation about partnership in the global church, analysis of the similarities and differences between Pentecostal and Reformed Christians, a review of research on short-term mission trips, and an ethnographic presentation of a cross-cultural immersion program for youth from the two churches. It concludes with a discussion of friendship as a theological and sociological term, based in part on semi-structured interviews with partnership participants in both churches. The study finds that despite multiple challenges, this partnership endured because of institutional commitments made by denominational leaders and the willingness of individual members of both churches to participate in partnership activities. In addition, participants demonstrated diverse expressions of friendships with each other, despite the many barriers and impediments to relationship building. The study has implications for other kinds of international partnership and cross-cultural work in both Christian mission and nongovernmental organizations. It reveals some of the characteristics that allow international partner relationships to form and endure. It also identifies the practices of encounter, intentionality, mutual respect, patience, and attentiveness that help to build cultural competencies.
190

Möjligheter och utmaningar med användandet av studiebesök som resurs inom religionsundervisning / Opportunities and challenges with the use of study visits as a resource in religious education

Zetterberg, Theodore, Johansson, Mathilda January 2023 (has links)
The following research overview lifts the opportunities and challenges that come with the usage of field trips, in the school subject religion. Using national and international research, we wanted to give an overview of how field trips are used and what they can bring to students regarding knowledge and personal development. The research gathered came mainly from the sources DIVA, EBSCOhost, Swepub, and our previous student literature. While gathering the research for this overview, we saw that there were some names that kept appearing in our searches. While looking for the opportunities we found plenty of challenges as well, researchers such as Lena Roos wrote more about the opportunities while giving knowledge about the challenges. Kindermann and Riegel opened the door towards the challenges throughout their gathered work, but still highlights the opportunities that come along with field trips. Halvarson Britton researched more about how students might feel before, during, and after a field trip as well as how field trips can add to the theoretical classroom work. Going into this, we discovered that the opportunities complemented the challenges and the other way around. This became our stance in the following work as well as lifting how religion is viewed in real life versus how it is viewed from a schoolbook perspective. The research we found revealed how using field trips as a tool can be a good complementary resource to the already existing classroom education as well as allowing the students to come face to face with the religion they have learnt about in the classroom. Regarding the challenges, we discovered that field trips can bring some difficulties, such as students' emotional journey throughout the trip as well as the economic and time-consuming factors are some main points to think about. Although there are both opportunities and challenges with using field trips, they all agreed that it allows the students to meet the religion and not only learn about the religion but also learn from the religion. The conclusion of this, is that field trips are a great tool to meet the religion, thus making education more living rather than theoretical learning. Through all of this, we were able to reach a conclusion that explored both sides critically. How both the opportunities and the challenges that come with field trips can work with each other and how it can benefit students. In the end, we were left with some further questions that can be researched about and how field trips still remain a question if it is a necessity or a nonessential part of education.

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