The Logic & Limits of the Exceptional Circumstances Test in Magill and IMS Health

In this Article, we show that, in contrast to the Commission\u27s balancing approach in Microsoft, the ECJ\u27s narrow construction of the obligation to license IP under Article 82 of the EC Treaty is based on sound economics and constitutes appropriate public policy. The set of “exceptional circumstances” listed in Magill and IMS Health constitutes a reasonable implementation of the optimal legal standard for the assessment of refusals to licence IP: modified per se legality. In the IP context, an obligation to make property available is a requirement for compulsory licensing. The ECJ test limits compulsory licensing to those situations in which the prospective social benefits of licensing are large, while the negative effects of reducing the incentives to innovate are small. The ECJ test ensures that intervention is restricted to cases where the intervention is still likely to increase social welfare. The Commission\u27s test in Microsoft, being a balancing test, does not. As noted by Professor Gerardin, “balancing ex ante vs. ex post efficiencies is obviously a very difficult process, which even the most sophisticated economists may find daunting. The risk of mistaken decisions is therefore high.

Litigation and settlement : new evidence from labor courts in Mexico

Using a newly assembled data set on procedures filed in Mexican labor tribunals, the authors of this paper study the determinants of final awards to workers. On average, workers recover less than 30 percent of their claim. The strongest result is that workers receive higher percentages of their claims in settlements than in trial judgments. It is also found that cases with multiple claimants against a single firm are less likely to be settled, which partially explains why workers involved in these procedures receive lower percentages of their claims. Finally, the authors find evidence that a worker who exaggerates his or her claim is less likely to settle.Bankruptcy and Resolution of Financial Distress,Arbitration,Information Security&Privacy,Labor Markets,Judicial System Reform

Water and forests in the Mediterranean hot climate zone: a review based on a hydraulic interpretation of tree functioning

Aim of the study: Water scarcity is the main limitation to forest growth and tree survival in the Mediterranean hot climate zone. This paper reviews literature on the relations between water and forests in the region, and their implications on forest and water resources management. The analysis is based on a hydraulic interpretation of tree functioning. Area of the study: The review covers research carried out in the Mediterranean hot climate zone, put into perspective of wider/ global research on the subject. The scales of analysis range from the tree to catchment levels. Material and methods: For literature review we used Scopus, Web of Science and Google Scholar as bibliographic databases. Data from two Quercus suber sites in Portugal were used for illustrative purposes. Main results: We identify knowledge gaps and discuss options to better adapt forest management to climate change under a tree water use/availability perspective. Forest management is also discussed within the wider context of catchment water balance: water is a constraint for biomass production, but also for other human activities such as urban supply, industry and irrigated agriculture. Research highlights: Given the scarce and variable (in space and in time) water availability in the region, further research is needed on: mapping the spatial heterogeneity of water availability to trees; adjustment of tree density to local conditions; silvicultural practices that do not damage soil properties or roots; irrigation of forest plantations in some specific areas; tree breeding. Also, a closer cooperation between forest and water managers is neededinfo:eu-repo/semantics/publishedVersio

Evaluating spatiotemporal modal accessibility to community pharmacy services in Lisbon municipality

There are several studies on accessibility to community pharmacy services, emphasizing it as an important element to help address public health and to promote the well-being of the population by providing a very broad array of pharmaceutical services. However, the majority focuses on pedestrian and/or car geographical accessibility, somehow ignoring both the temporal inequity and the influence of the choice of transportation mode. In this paper, we present both spatial and temporal accessibility perspectives to community pharmacy services considering five periods depicting the operational hours of the facilities, and two different travel modes - walking and public transport (PT). In addition, a disparity index is calculated to understand the influence that the transport mode exerts on accessibility to the facilities.N/

Incidence, outcomes, and risk factors of pleural effusion in patients receiving dasatinib therapy for Philadelphia chromosome-positive leukemia.

Dasatinib, a second-generation BCR-ABL1 tyrosine kinase inhibitor, is approved for the treatment of chronic myeloid leukemia and Philadelphia chromosome-positive acute lymphoblastic leukemia, both as first-line therapy and after imatinib intolerance or resistance. While generally well tolerated, dasatinib has been associated with a higher risk for pleural effusions. Frequency, risk factors, and outcomes associated with pleural effusion were assessed in two phase 3 trials (DASISION and 034/Dose-optimization) and a pooled population of 11 trials that evaluated patients with chronic myeloid leukemia and Philadelphia chromosome-positive acute lymphoblastic leukemia treated with dasatinib (including DASISION and 034/Dose-optimization). In this largest assessment of patients across the dasatinib clinical trial program (N=2712), pleural effusion developed in 6-9% of patients at risk annually in DASISION, and in 5-15% of patients at risk annually in 034/Dose-optimization. With a minimum follow up of 5 and 7 years, drug-related pleural effusion occurred in 28% of patients in DASISION and in 33% of patients in 034/Dose-optimization, respectively. A significant risk factor identified for developing pleural effusion by a multivariate analysis was age. We found that overall responses to dasatinib, progression-free survival, and overall survival were similar in patients who developed pleural effusion and in patients who did not. clinicaltrials.gov identifier 00481247; 00123474

Relationship between Corneal Morphogeometrical Properties and Biomechanical Parameters Derived from Dynamic Bidirectional Air Applanation Measurement Procedure in Keratoconus

The morphogeometric analysis of the corneal structure has become a clinically relevant diagnostic procedure in keratoconus (KC) as well as the in vivo evaluation of the corneal biomechanical properties. However, the relationship between these two types of metrics is still not well understood. The current study investigated the relationship of corneal morphogeometry and volume with two biomechanical parameters: corneal hysteresis (CH) and corneal resistance factor (CRF), both provided by an Ocular Response Analyzer (Reichert). It included 109 eyes from 109 patients (aged between 18 and 69 years) with a diagnosis of keratoconus (KC) who underwent a complete eye examination including a comprehensive corneal topographic analysis with the Sirius system (CSO). With the topographic information obtained, a morphogeometric and volumetric analysis was performed, defining different variables of clinical use. CH and CRF were found to be correlated with these variables, but this correlation was highly influenced by corneal thickness. This suggests that the mechanical properties of KC cornea contribute only in a partial and limited manner to these biomechanical parameters, being mostly influenced by morphogeometry under normal intraocular pressure levels. This would explain the limitation of CH and CRF as diagnostic tools for the detection of incipient cases of KC.This publication was carried out in the framework of the Thematic Network for Co-Operative Research in Health (RETICS) reference number RD12/0034/0007 and RD16/0008/0012, financed by the Carlos III Health Institute—General Subdirection of Networks and Cooperative Investigation Centers (R&D&I National Plan 2008–2011) and the European Regional Development Fund (FEDER). The author David P. Piñero has been supported by the Ministry of Economy, Industry, and Competitiveness of Spain within the program Ramón y Cajal, RYC-2016-20471

The Changing Contexts and Transboundary Dynamics of Reconciling Conservation and Development in the Amazon Borderlands

The 12,000 kilometers of international boundaries within the Amazon’s lowland rainforest biome form the axis of a borderland region shared by the nine states of Amazonia (Figure 1). These Amazon borderlands contain high concentrations of conservation units and indigenous territories to preserve the transboundary region’s rich ecological and cultural diversity (Figures 2 & 3). However, this biocultural diversity is increasingly threatened by advancing development frontiers and a growing global demand for Amazonian resources.https://scholarship.richmond.edu/geography-posters/1004/thumbnail.jp

Book Reviews

El Conflicto Honduras-El Salvador y El Orden Juridico Internacional -- On July 14, 1969, the armed forces of El Salvador invaded Honduras... This book provides an almost hourly account of the events preceding the conflict, the war plans executed before the conflict started, the initiation of Inter-American System machinery for settling disputes, the heated discussions among the representatives of the different nations of the OAS, and the consequences of the war itself. Also included is the necessary background on the political and economic conditions prevailing in both countries before the war and a thorough analysis of what role law and international legal machinery played--or might have played--at different stages of the conflict. Reviewed by Jorge L. Carro ============================= United States Foreign Relations Law: Documents and Sources, Vol. 1 (Executive Agreements). Michael J. Glennon and Thomas M. Franck Dobbs Ferry, New York: Oceania Publications, Inc., 1980. Pp. ix, 474. 40.00.-- This volume on United States executive agreements is the first of a multivolume series providing important documents and other materials dealing with the foreign relations power of the federal government and its constituent parts. Reviewed by David S.Clark =========================== Towards a New International Economic Order Mohammed Bedjaoui New York and London: Holmes & Meier Publishers,1979. Pp. 287. 16.50. When tracing the ideologies that animate and condition the current North-South debate over what has come to be called the New International Economic Order, MIT economist Jagdish Bhagwati identifies two dominant schools of thought regarding the existing international economic order. Reviewed by Burns H. Westo

The chemical composition of red giants in 47 Tucanae I: Fundamental parameters and chemical abundance patterns

Context: The study of chemical abundance patterns in globular clusters is of key importance to constrain the different candidates for intra-cluster pollution of light elements. Aims: We aim at deriving accurate abundances for a large range of elements in the globular cluster 47 Tucanae (NGC 104) to add new constraints to the pollution scenarios for this particular cluster, expanding the range of previously derived element abundances. Methods: Using tailored 1D LTE atmospheric models together with a combination of equivalent width measurements, LTE, and NLTE synthesis we derive stellar parameters and element abundances from high-resolution, high signal-to-noise spectra of 13 red giant stars near the tip of the RGB. Results: We derive abundances of a total 27 elements (O, Na, Mg, Al, Si, Ca, Sc, Ti, V, Cr, Mn, Fe, Co, Ni, Cu, Zn, Y, Zr, Mo, Ru, Ba, La, Ce, Pr, Nd, Eu, Dy). Departures from LTE were taken into account for Na, Al and Ba. We find a mean [Fe/H] = $-0.78\pm0.07$ and $[\alpha/{\rm Fe}]=0.34\pm0.03$ in good agreement with previous studies. The remaining elements show good agreement with the literature, but the inclusion of NLTE for Al has a significant impact on the behaviour of this key element. Conclusions: We confirm the presence of an Na-O anti-correlation in 47 Tucanae found by several other works. Our NLTE analysis of Al shifts the [Al/Fe] to lower values, indicating that this may be overestimated in earlier works. No evidence for an intrinsic variation is found in any of the remaining elements.Comment: 22 pages, 16 figures. Accepted for publication in A&

HBIM application in historic timber structures: A systematic review

Despite the recent significant increase on the use of Building Information Modelling (BIM) in the cultural heritage field, its application on heritage timber structures aiming at their conservation and assessment has not yet been fully established. Comparing with other construction materials, timber presents singular features that must be addressed in order to carry out a proper condition assessment. For this reason, this review summarizes existing works on historical timber structures using Historical BIM (HBIM), focusing not only on various geometric surveying and 3D modelling methods, but also on nongeometric information included in the model which are especially related with conservation, testing, and monitoring. In addition, this work illustrates the effectiveness increase given by a structural analysis, as to assess structural heath, after being implemented within a HBIM-based framework. To that aim, a global framework is proposed where the development and implementation level of different analysis stages are described.This work has been supported by Xunta de Galicia through grant GRC-ED431C 2020/01. This work was partly financed by FCT/MCTES through national funds (PIDDAC) under the R&D Unit Institute for Sustainability and Innovation in Structural Engineering (ISISE), under reference UIDB/04029/2020. This project has received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No. 769255. The sole responsibility for the content of this publication lies with the authors. It does not necessarily reflect the opinion of the European Union. Neither the Innovation and Networks Executive Agency (INEA) nor the European Commission are responsible for any use that may be made of the information contained therein