A Putative Inventor’s Remedies to Correct Inventorship on a Patent

Inventorship is a required component of patents issued in the United States, and the penalty for filing a patent with incorrect inventorship is harsh: possible invalidation of the entire patent. This iBrief explores the background on inventorship in the United States patent system, and various remedies such as 35 U.S.C. §116, 35 U.S.C. §256, and interference proceedings in correcting errors in inventorship. This iBrief will then discuss the usefulness of these various remedies to a putative inventor who was left off the inventorship of a patent

Risks and remedies in e-learning system

One of the most effective applications of Information and Communication Technology (ICT) is the emergence of E-Learning. Considering the importance and need of E-Learning, recent years have seen a drastic change of learning methodologies in Higher Education. Undoubtedly, the three main entities of E-Learning system can be considered as Student, Teacher & Controlling Authority and there will be different level, but a good E-Learning system needs total integrity among all entities in every level. Apart from integrity enforcement, security enforcement in the whole system is the other crucial way to organize the it. As internet is the backbone of the entire system which is inherently insecure, during transaction of message in E-Learning system, hackers attack by utilising different loopholes of technology. So different security measures are required to be imposed on the system. In this paper, emphasis is given on different risks called e-risks and their remedies called e-remedies to build trust in the minds of all participants of E-Learning system

Litigating reproductive health rights in the inter-American system: what does a winning case look like?

Remedies and reparation measures emerging from the Inter-American System of Human Rights in reproductive health cases have consistently highlighted the need to develop and subsequently implement, non-repetition remedies that protect, promote and fulfill women’s reproductive health rights. Litigation outcomes that result in violations of reproductive rights are a “win” for health rights litigation, but when implementation fails, is a “win” still a win? Although there has been considerable success in litigating reproductive health rights cases, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are not adequately equipped to follow-up on cases after they have been won. Successful and sustainable implementation of reproductive health rights law requires incorporation of non-repetition remedies in the form of legislation, education, and training that seeks to remodel existing social and cultural practices that hinder women’s enjoyment of their reproductive rights. In order for a reproductive health rights case to ultimately be a “winner,” case recommendations and decisions emerging from the Commission and Court must incorporate perspectives provided by members of civil society, with the ultimate goal of developing measurable remedies that address underlying obstacles to domestic implementation

REMEDIES FOR DAMAGE TO PROPERTY: MONEY DAMAGES OR RESTITUTION IN NATURA?

In spite of the great volume of law and economics research carried out in the field of tort law, there exists a gap in the literature concerning the effects of different tort remedies, namely money damages and restitution in natura. Although there is a parallel between the above mentioned remedies and the remedies for breach of contract, i.e. money damages and specific performance, the analysis of the latter does not apply in torts; the high transaction costs involved in such involuntary transactions bring about fundamental changes in it. The aim of this paper is to perform a comparative analysis of money damages and restitution in natura from an efficiency perspective. The basis of the comparison is the relation of each of the remedies to the 'ideal' compensation, which, at least in principle, corresponds to the subjective accident loss for the victim. According to the conclusion reached, no rule is generally preferable to the other. Thus, it is crucial to sort the different types of cases and apply the remedy which is better suited to each one of them. The normative proposition derived is that judges should be granted the discretion to decide on the adequate remedy on a case-to-case basis. On this premise, I proceed to a comparative analysis of the relevant legal rules in Germany, England, Greece, and France, since each legal system tackles this issue differently.

Remedies for breach of contract under the United Nations Convention on the International Sale of Goods

The article provides an overview of the remedies available under the United Nations Convention on the International Sale of Goods. A short introduction to the Convention is followed by an analysis of the structure and the basic features of the Convention's remedies system. The article then deals with the various remedies in detail and presents them in their context. The circumstances in which a particular remedy will be available are explained, as are the requirements for the various remedies, and whether a party in breach of contract can prevent the other party's use of the remedy. At the same time, the article emphasises the questions to which satisfactory answers have not yet been provided, and makes suggestions as to what the appropriate solutions should be. The article finishes with an appreciation of the Convention's remedies system and some future prospect

Desk study on homeopathy in organic livestock farming: Principles, obstacles and recommendations for practice and research

Organic livestock farming has its own concept of health and welfare. The approach to health can be characterised by the key words human, preventive, self-regulating and holistic (Chapter 1). This has consequences for the way we deal with diseases and problems, the nature of the solutions and the use of medication, among other things. In terms of therapeutic and regulatory measures this health concept is based primarily on natural food supplements and homeopathic remedies, which in view of their origin fit in well with the natural character of organic agriculture (Verhoog et al., 2002). Apart from various forms of potentised remedies (classic, clinical, anthroposophic, isopathic; Chapter 2) and all manner of applications within phytotherapy (Bach flower, aromatherapy), there is interest in organic livestock farming in complementary health treatments other than acupuncture. We also need more detailed research into the practical implications of possible self-medication by animals (Engel, 2001). Complementary medicine demands a new type of knowledge in relation to its working mechanism, testing for authenticity and the way it is used (Chapter 3). The thinking behind the use of homeopathic remedies often based on a preventive approach to health. With the aid of these remedies the doctor seeks to create a more balanced environment in and around the animal and to improve the animal’s resistance to infections (Baars en Ellinger, 1997). Striezel (2001) calls homeopathy a regulatory therapy, which heals the body by stimulating the individual immune system and regulating the metabolism. The use of homeopathic remedies is still limited in practice, partly due to a lack of suitably trained veterinary practitioners (Chapter 4). In the elaboration of the research questions the authors discovered that the use of homeopathic remedies meets with particular resistance which can be traced back to philosophical assumptions (sections 4.1-4.3). As the research is fleshed out it is therefore important that it is not simply carried out in conformity with currently valid scientific standards. The research design must also be in line with the philosophy of homeopathy in terms of both quantity and quality (Chapter 5). This is particularly important for homeopathy because its therapeutic methods are based on principles which do not fit in with conventional notions about life. The similia principle (law of similars) is an important feature of homeopathy and homeopathy shares the second key concept of potentisation with anthroposophy (Chapter 2). There is limited acceptance of homeopathic remedies in particular, despite the fact that there is some empirical evidence for the efficacy of homeopathic treatments. Both outcome research into homeopathic treatments of humans and animals and fundamental empirical research into the validity of the similia law and the efficacy of high dilutions produce results which tend to bear this out. However, it is rejected out of hand on ontological grounds and because of the assumed working mechanism. Follow-up research into homeopathic remedies is desirable, but must be in line with the underlying complementary health and welfare concept of organic agriculture, which includes treatment with veterinary medicines. Randomised Clinical Trials are thus only of limited use, since they disregard the individually tailored nature of the treatment. In practice however, sufficient alternative therapies have been developed which can be used in outcome research. The researchers propose a graduated structure for the outcome research (Chapter 6). The first step is to join in with the monitoring of experience in practice, and follow this with casuistic outcome research

The enforcement of child custody orders by contempt remedies

Family law statutes in every state govern the child-related issues that arise at the time of divorce. As a general rule, these statutes require the divorce courts to enter coercive orders that will govern the residential and decisionmaking aspects of post-divorce parent-child relationships. The laws in many states also set out the remedies, including civil and criminal contempt, available to enforce court-ordered parenting plans in the event of parental noncompliance. This area of statutory regulation, which touches the lives of millions of families every year, is in many ways sui generis. At the same time, the coercive nature of the court-ordered terms of post-divorce parenting plans, and the availability of enforcement by civil or criminal contempt remedies, place custody and visitation orders in a larger doctrinal context. This Article analyzed child custody and visitation laws against this backdrop of the law of injunctions and the law of contempt. The family law system assigns priority to the maintenance of established relationships between children and both of their parents following the parents' divorce. This priority leads to certain variations from the general model of injunctive remedies in many child custody cases. For example, divorce courts formulate the initial coercive parenting orders, which become immediately enforceable by contempt remedies upon violation by one parent, without making any determination of prior wrongdoing by either parent. Furthermore, the courts routinely enter coercive orders addressing the residential and decisionmaking aspects of post-divorce parenting, even though the anticipated period of judicial regulation is lengthy (until the children's ages of majority), and despite evidence of likely compliance problems. Finally, in the event of parental noncompliance, judicial enforcement via contempt remedies may involve the entry of orders that vary significantly from the classic contempt model, especially when the contempt remedy is civil rather than criminal in nature. Parenting plan orders typically set out specific responsibilities for both parents, to be performed over a period of years until the children become adults. The nature of these orders, involving recurring patterns of family behavior, and the importance of the interests that they seek to protect have shaped many of the family law doctrines discussed in this Article. These doctrines have molded the general law of injunctions to fit a unique legal context, the creation and enforcement of post-divorce custody orders

Trade remedies and World Trade Organization dispute settlement : Why are so few challenged?

Antidumping and related trade remedies are the most popular policy instruments that many of the largest importing countries in the World Trade Organization (WTO) system use to restrict international trade. While such trade remedies are also frequent targets of dispute settlement activity under the WTO, given that Panel and Appellate Body rulings have almost invariably found that some aspect of each reviewed remedy was inconsistent with WTO obligations, an open research question is why aren't more remedies targeted by dispute settlement? The author provides a first empirical investigation of the trade remedy and WTO dispute settlement interaction by focusing on determinants of WTO members'decisions of whether to formally challenge U.S. trade remedies imposed between 1992 and 2003. He provides evidence that it is not only the size of the economic market at stake and the capacity to retaliate under potential DSU (dispute settlement understanding)-authorized sanctions that influence the litigation decision of whether to formally challenge a measure at the WTO. The author also finds that if the negatively affected foreign industry has the capacity to directly retaliate through a reciprocal antidumping investigation and measure of its own, its government is less likely to pursue the case on its behalf at the WTO. This is consistent with the theory that potential complainants may be avoiding WTO litigation in favor of pursuing reciprocal antidumping and hence"vigilante justice."TF054105-DONOR FUNDED OPERATION ADMINISTRATION FEE INCOME AND EXPENSE ACCOUNT,Economic Theory&Research,Trade and Services,World Trade Organization,Trade Policy