Intellectual Property licenses in cross-border insolvency: Lessons from In Re Qimonda

Introduced in 2016, the Insolvency and Bankruptcy Code overhauled the Indian insolvency regime. Five years young, the Code is now in the process of adopting the Cross-Border insolvency, which was omitted from its original mandate. In 2018, a legislatively appointed committee suggested that the Code should adopt the UNCITRAL Model Law on Cross Border Insolvency. However, the Committee overlooked a crucial jurisprudential guideline, which colored the interpretation of the Model Law. It was a crossborder insolvency dispute between American and German regimes. An American bankruptcy court subjected to the German administration of American Intellectual Property assets to protection exclusively available within the American Bankruptcy Code. This paper studies the American judicial decisions in the Samsung v. Jaffe dispute to identify and underline the importance of its directive. The study reveals that there is virtually no guidance on how an intellectual property license is treated within the Indian insolvency regime. The authors underline the importance of such guidance considering the proposed adoption of the Model Law and suggest legislative inquiry in the issue

Non-Newtonian Effects on the Squeeze Film Characteristics between a Sphere and a Flat Plate: Rabinowitsch Model

The use of additives (polyisobutylene, ethylene-propylene, lithium hydroxy stearate, hydrophobic silica, etc.) changes lubricants’ rheology due to which they show pseudoplastic and dilatant nature, which can be modelled as cubic stress fluid model (Rabinowitsch fluid model). The present theoretical analysis investigates the effects of non-Newtonian pseudoplastic and dilatant lubricants on the squeezing characteristics of a sphere and a flat plate. The modified Reynolds equation has been derived and an asymptotic solution for film pressure is obtained. The results for the film pressure distribution, load carrying capacity, and squeezing time characteristics have been calculated for various values of pseudoplastic parameter and compared with the Newtonian results. These characteristics show a significant variation with the non-Newtonian pseudoplastic and dilatant behavior of the fluids

Chemical Stabilisation of Sand Part IX: Orthophthalate type Unsaturated Polyester Resin for Inducing Fast setting Behaviour and High Strength

Polymer concrete composites have been made from orthophthalate-type unsaturated polyester resin, methyl ethyl ketone peroxide as initiator, cobalt naphthenate as accelerator and desert sand as filler. Composites preferred using resin (10-25 per cent), initiator (4 per cent) and accelerator (2 per cent) with representative desert sand samples of different particle sizes (0.2-0.02 mm, 2-0.2 mm and 4-2 mm) as filler recorded unconfined compression strength ranging from 4 to 442 kg/cm/sup 2/ after curing at 50 degree centigrade in an oven for 0.5-24 h. Using coarse and fine sand samples with 10 and 15 per cent resin systems the maximum strength of 391 and 326 kg/cm/sup 2/ respectively was attained after 2 h of curing at 50 degree centigrade. The fast setting resin system with strength in this range is quite adequate for the construction of chemically stabilised surfaces, which withstand trafficability of vehicles, operation of helicopters and aircraft's requiring a maximum strength up to 275 kg/cm/sup 2/. These composites may prove useful for rapid repair of roads, helipads and runways damaged during operational activities. A mathematical model has been developed for predicting resin percentage needed for obtaining composite material of requisite strength. The observed and model predicted values have been found to show close agreement

Stabilization of high Tc phase in bismuth cuprate superconductor by lead doping

It has been widely ascertained that doping of lead in Bi-Sr-Ca-Cu-O systems promotes the growth of high T sub c (110 K) phase, improves critical current density, and lowers processing temperature. A systematic study was undertaken to determine optimum lead content and processing conditions to achieve these properties. A large number of samples with cationic compositions of Bi(2-x)Pb(x)Sr2Ca2Cu3 (x = 0.2 to 2.0) were prepared by conventional solid state reaction technique. Samples of all compositions were annealed together at a temperature and characterized through resistance temperature (R-T) measurements and x ray diffraction to determine the zero resistance temperature, T sub c(0) and to identify presence of phases, respectively. The annealing temperature was varied between 790 and 880 C to optimize processing parameters. Results are given. In brief, an optimum process is reported along with composition of leaded bismuth cuprate superconductor which yields nearly a high T sub c single phase with highly stable superconducting properties

Stabilization of high T(sub c) phase in bismuth cuprate superconductor by lead doping

It has widely been ascertained that doping of lead in Bi:Sr:Ca:Cu:O systems promotes the growth of high T(sub c) (110 K) phase, improves critical current density, and lowers processing temperature. A systematic investigation is undertaken to determine optimum lead content and processing conditions to achieve these. A large number of samples with cationic compositions of Bi(2-x)Pb(x)Sr2Ca2Cu3 (x = 0.2 to 2.0) were prepared by conventional solid state reaction technique. Samples of all compositions were annealed together at a temperature and characterized through resistance-temperature (R-T) measurements and x ray diffraction (XRD) to determine the zero resistance temperature, T(sub c)(0) and to identify presence of phases, respectively. The annealing temperature was varied between 790 C to optimize processing parameters. Results are given. In brief, an optimum process is reported along with composition of leaded bismuth cuprate superconductor which yields nearly a high T(sub c) single phase with highly stable superconducting properties

Molecular Study of Glycoprotein (G) Gene Region of Rabies Virus from Spotted Deer, Delhi, India

Rabies is a viral zoonotic disease of public health importance in India. The disease is usually transmitted by a rabid animal bite, scratches and licks on broken skin and mucous membrane. Rabies is reported from all continents except Antarctica although prevalence is more in Asia and Africa. India is endemic for rabies virus (RABV) throughout the country except for islands of Lakshadweep, Andaman & Nicobar. In the present study, brain samples of clinically suspected animals obtained during the RABV outbreak at National Zoological Park, New Delhi, India, in 2016 were initially tested for rabies antigen by DFAT. All the 32 DFAT positive brain samples were then processed for RNA isolation. The extracted RNA was amplified for glycoprotein (G) gene of 590 bp by RT-PCR followed by nucleotide sequencing. Nucleotide alignment revealed only substitutions without any insertion or deletion. Amino acid alignment revealed replacement at four positions namely L244I, T264A, M310I and N375K. The amino acid change at position where Leucine is replaced by Isoleucine has not been observed in available RABV references of the G gene region either from India or other countries. This mutation was observed in all the samples included in the present study. A phylogenetic tree showed that all the study sequences belonged to Arctic like 1a lineage, in RABV genotype 1. In conclusion, RABV in the study region is acquiring genetic variation; which may have effect on the pathogenicity. This indicates that continued molecular surveillance of the circulating rabies virus strains should be carried out

TRC150094 attenuates progression of nontraditional cardiovascular risk factors associated with obesity and type 2 diabetes in obese ZSF1 rats

Chronic overnutrition and consequential visceral obesity is associated with a cluster of risk factors for cardiovascular disease and type 2 diabetes mellitus. Moreover, individuals who have a triad of hypertension, dysglycemia, and elevated triglycerides along with reduced high-density lipoprotein cholesterol have a greater residual cardiovascular risk even after factoring for the traditional risk factors such as age, smoking, diabetes, and elevated low-density lipoprotein cholesterol. In our previous study we demonstrated that TRC150094, when administered to rats receiving a high-fat diet, stimulated mitochondrial fatty acid oxidation (FAO) and reduced visceral adiposity, opening an interesting perspective for a possible clinical application. In the present study, oral administration of TRC150094 to obese Zucker spontaneously hypertensive fatty rats (obese ZSF1) improved glucose tolerance and glycemic profile as well as attenuated a rise in blood pressure. Obese ZSF1 rats treated with TRC150094 also showed reduced hepatic steatosis, reduced progression of nephropathy, and improved skeletal muscle function. At the cellular level, TRC150094 induced a significant increase in mitochondrial respiration as well as an increased FAO in liver and skeletal muscle, ultimately resulting in reduced hepatic as well as total body fat accumulation, as evaluated by magnetic resonance spectroscopy and magnetic resonance imaging, respectively. If reproduced in humans, these results could confirm that TRC150094 may represent an attractive therapeutic agent to counteract multiple residual cardiovascular risk components

Six senses while considering hydatid cyst as a differential for a swelling at nape of the neck: a case report

While cervical swellings usually are located in anterior midline like thyroglossal cyst, thyroid swellings, or in antero-lateral aspect of neck like cold abscess, branchial cyst, lymphangioma, cervical lymphadenopathy etc. Nape of the neck swelling is even less common with differentials including lipoma, sebaceous cyst, lymphangioma, etc. Hydatid cyst (HC) is often missed as a differential resulting in intraoperative surprises. This case report might change the mind of the readers to keep HC in back of their minds while approaching a case of swelling of the neck. Here we report a case of 15 years’ female who presented with swelling of nape of neck which on evaluation was inclining towards lipoma/epidermal cyst. With an intention for surgical exploration and excision, the patient was taken for operation, where we discovered it to be HC and the same was later confirmed by histopathology as well. Because of its rare presentation the primary diagnosis of HC is often missed out in spite of having sensitive cytology and imaging modalities. Hence, by reporting this case we intend to emphasize six facts a clinician, a radiologist and also a pathologist must consider while keeping primary HC at an unusual site as a differential diagnosis.

On the steady performance of annular hydrostatic thrust bearing”, Rabinowitsch fluid model

The present theoretical analysis investigates the simultaneous effect of lubricant inertia and non-Newtonian pseudoplastic lubricant (lubricant blended with viscosity index improver and viscosity thickener)-Rabinowitsch fluid model on the performance of externally pressurized annular hydrostatic thrust bearings. A close form solution is obtained for pressure distribution. The effect of centrifugal inertia on the pressure distribution in the recess region is considered by taking non-constant recess pressure under a hydrodynamic condition. The load capacity and flow rate have been numerically calculated for various values of viscosity index improver together with the centrifugal inertia effects. In the limiting case in which there is an absence of pseudoplasticity, the results are compared with the pre-established Newtonian lubricants and are found to be in good agreement