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The essential facilities doctrine, intellectual property rights, and access to big data
Rok Dacar, 2023, izvirni znanstveni članek

Opis: This paper analyzes the criteria for applying the essential facilities doctrine to intellectual property rights and the possibility of applying it in cases where Big Data is the alleged essential facility. It aims to answer the research question: ‘‘What are the specifics of the intellectual property criteria in essential facilities cases and are these criteria applicable to Big Data?’’ It points to the semantic openness of the ‘‘new product’’ and ‘‘technical progress’’ conditions that have been developed for assessing whether an intellectual property right constitutes an essential facility. The paper argues that the intellectual property criteria are not applicable in all access to Big Data cases because Big Data is not necessarily protected by copyright. While a set of Big Data could be protected by copyright if certain conditions are met, even in such cases the lack of intrinsic value of Big Data significantly limits the applicability of the intellectual property criteria.
Ključne besede: essential facilities doctrine, intellectual property rights, big data, new product condition, technical progress condition
Objavljeno v DKUM: 11.04.2024; Ogledov: 17; Prenosov: 1
.pdf Celotno besedilo (318,47 KB)
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Proprietary varieties’ influence on economics and competitiveness in land use within the hop industry
Douglas MacKinnon, Martin Pavlovič, 2023, izvirni znanstveni članek

Opis: To evaluate changes to hop industry concentration and competitiveness the Herfindahl-Hirschman Index (HHI) was used. The ownership of hop proprietary varieties, their acreage and production were compared with public varieties. Market share for each proprietary hop variety acreage and production was calculated between 2000 and 2020. The quantity of land under centralized control in the U.S. hop industry due to increased proprietary variety acreage between 2000 and 2020 was quantified. Assuming tacit collusion between the participants in the oligopoly, the HHI enabled us to quantify the portion of land under oligopoly control. The HHI analysis of hop acreage and hop production demonstrated that market concentration rose rapidly between the years 2010 (0.0376 and 0.0729) and 2020 (0.4927 and 0.5394). This resulted in decreasing business competitiveness within the market during this period caused primarily by rapid consolidation of ownership during increased proprietary variety acreage and production increases. Calculations revealed that in 2016 a tipping point had been reached concerning market concentration, which resulted in higher sustained season average prices of hops—a key raw material in brewing.
Ključne besede: hop industry, varieties, market concentration, intellectual property, prices
Objavljeno v DKUM: 21.03.2024; Ogledov: 55; Prenosov: 6
.pdf Celotno besedilo (1,13 MB)
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K-vertex: a novel model for the cardinality constraints enforcement in graph databases : doctoral dissertation
Martina Šestak, 2022, doktorska disertacija

Opis: The increasing number of network-shaped domains calls for the use of graph database technology, where there are continuous efforts to develop mechanisms to address domain challenges. Relationships as 'first-class citizens' in graph databases can play an important role in studying the structural and behavioural characteristics of the domain. In this dissertation, we focus on studying the cardinality constraints mechanism, which also exploits the edges of the underlying property graph. The results of our literature review indicate an obvious research gap when it comes to concepts and approaches for specifying and representing complex cardinality constraints for graph databases validated in practice. To address this gap, we present a novel and comprehensive approach called the k-vertex cardinality constraints model for enforcing higher-order cardinality constraints rules on edges, which capture domain-related business rules of varying complexity. In our formal k-vertex cardinality constraint concept definition, we go beyond simple patterns formed between two nodes and employ more complex structures such as hypernodes, which consist of nodes connected by edges. We formally introduce the concept of k-vertex cardinality constraints and their properties as well as the property graph-based model used for their representation. Our k-vertex model includes the k-vertex cardinality constraint specification by following a pre-defined syntax followed by a visual representation through a property graph-based data model and a set of algorithms for the implementation of basic operations relevant for working with k-vertex cardinality constraints. In the practical part of the dissertation, we evaluate the applicability of the k-vertex model on use cases by carrying two separate case studies where we present how the model can be implemented on fraud detection and data classification use cases. We build a set of relevant k-vertex cardinality constraints based on real data and explain how each step of our approach is to be done. The results obtained from the case studies prove that the k-vertex model is entirely suitable to represent complex business rules as cardinality constraints and can be used to enforce these cardinality constraints in real-world business scenarios. Next, we analyze the performance efficiency of our model on inserting new edges into graph databases with varying number of edges and outgoing node degree and compare it against the case when there is no cardinality constraints checking. The results of the statistical analysis confirm a stable performance of the k-vertex model on varying datasets when compared against a case with no cardinality constraints checking. The k-vertex model shows no significant performance effect on property graphs with varying complexity and it is able to serve as a cardinality constraints enforcement mechanism without large effects on the database performance.
Ključne besede: Graph database, K-vertex cardinality constraint, Cardinality, Business rule, Property graph data model, Property graph schema, Hypernode, Performance analysis, Fraud detection, Data classification
Objavljeno v DKUM: 10.08.2022; Ogledov: 616; Prenosov: 72
.pdf Celotno besedilo (3,43 MB)

Biosimilars and the patent law
Marek Świerczyński, Zbigniew Więckowski, 2019, izvirni znanstveni članek

Opis: Biopharmaceuticals are one of the most important recent medical innovations which revolutionised many areas of medicine. Dynamic development of the market for biopharmaceuticals in recent years is related to the expiration of the IP exclusive rights on original innovative biological medicinal products. This has resulted in introduction to the market of biosimilars. One of the greatest challenges concerning the emergence of biosimilars is modifying the law to ensure balance between the market development of biosimilars and access of patients to biological therapy. The development of biopharmaceutical inventions works hand in hand with the patent system. It should be underlined that IP rights in the biopharmaceutical sector are crucial for promoting innovation due to the very long time of product development. It is exactly the area in which patents make sense to fill the gap between innovation and the risk of imitation. However, the existing patent system is too expensive and slow for biotechnology development. It should be further adapted to the needs of biopharmaceuticals.
Ključne besede: biopharmaceuticals, biologic medicinal product, IP exclusive rights, innovation, intellectual property
Objavljeno v DKUM: 15.01.2021; Ogledov: 859; Prenosov: 64
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Juvenile crime in the 21st century : a really escalating problem or just a media sensation? The case of Croatia
Irena Cajner Mraović, Valentina Asančaić, Dubravko Derk, 2015, izvirni znanstveni članek

Opis: Purpose: The main goal of the paper is to analyse dynamics of juvenile crime and to identify long-term tendencies in the development of this negative social phenomenon in Croatia in this century. Design/Methods/Approach: Based on official police statistics, the analysis of the dynamics and the average rate of change are used to reveal and compare trends in reported overall, violent, and juvenile property crime in Croatia between 2000 and 2013. Model of a linear trend is used to make a prediction of future short-time trends. Findings: Though the total number of reported juvenile crime is stable or even slightly declining over the observed period, there are exceptional increases or declines in certain years and in certain offences, which can create the wrong impression about alarming changes. It especially applies to the oscillations of the number of reported juvenile homicide and rape, because of small absolute numbers. Substantial and significant fluctuations during the observed period, are found in reported rates for robbery and theft: there is a decrease in reported theft and increase in reported robbery. Originality/Value: In Croatia, but also in other post-socialist countries in Central Eastern Europe, there are general beliefs of the dramatic increase in juvenile crime rates since late 1990s. Results of this study reveal how such cursory review obscures some long-term and significant changes in juvenile crime, which are indicative when speaking about the juvenile crime under conditions of intensive social change.
Ključne besede: juvenile, overall crime, violent crime, property crime, Croatia, trends
Objavljeno v DKUM: 16.04.2020; Ogledov: 935; Prenosov: 38
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Cycles of the housing market in Hungary form the economic crisis until today
László Harnos, 2018, izvirni znanstveni članek

Opis: The main aim of this paper is to identify the underlying reasons for the cyclical nature of the Hungarian housing market, in particular the business cycles, the construction, and market participants’ expectations. Our research was conducted based on analysis of statistical data and of the housing market indices. As a result, it can be stated that cyclic behaviour of the housing market may be explained primarily with business cycles, but state subsidies and mortgages also affect the variations. Accordingly, the increasing lending and the high amount of subsidies can generate a price bubble. The supply of second-hand dwellings looks more flexible compared with that of new ones. However, the expectations of market operators do not have a demonstrable effect on the housing market.
Ključne besede: property market, housing market cycles, asset price bubble
Objavljeno v DKUM: 10.10.2018; Ogledov: 1478; Prenosov: 126
.pdf Celotno besedilo (292,19 KB)
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Resolving intellectual property disputes
Hamed Alavi, 2016, izvirni znanstveni članek

Opis: Within recent decades, increasing the complexity of international trade has resulted in changing many dimensions of doing business with other nations and relevant problems to it. Rising the importance of intellectual property rights as intangible assets of companies is considered among most important characters of modern business process which applies to multinational enterprises and other forms of companies who intend to enter the global market place equally. Benefiting from global marketplace and at the same time protecting IPRs is a difficult goal to achieve due to intangible and diverse nature of such rights which results. In practice of international trade, there is high probability for companies to face with IPR related disputes. Therefore, choice of proper IP Dispute Resolution mechanism is an important step in designing overall IP strategy of the firm as an improper IP dispute resolution method can impose high financial costs as well as affecting reputation of the firm. Current paper tries to answer to the question of what is the most suitable dispute resolution method for IP related disputes. And in order to achieve this objective, paper explores different types of IP disputes, different approaches for resolving IP disputes, factors affecting the choice of method for resolving IP disputes and finally, it will analyse application of dispute resolution mechanisms in different types of IP related disputes.
Ključne besede: intellectual property rights, dispute resolution, international trade, litigation, alternative dispute resolution
Objavljeno v DKUM: 02.08.2018; Ogledov: 1214; Prenosov: 81
.pdf Celotno besedilo (234,04 KB)
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Introduction to copyright and collective management in competition law
Jorg Sladič, 2013, izvirni znanstveni članek

Opis: Copyright is an absolute intellectual property right. Historically it is of territorial nature. One of the central issues of copyright is the remuneration of authors. A copyright confers to its holder a legal monopoly comprising certain economic rights that are granted for pecuniary consideration. The economically most efficient way of management of copyright's pecuniary consideration is the collective management. However, collective management covers due to territorial nature of copyright only territory of a certain state. In competition law that might be considered as a monopoly by collecting societies limited to borders of states, in other words there are issues of a possible abuse of a dominant position.
Ključne besede: copyright, common law, droit d'auteur, civil law, collective management, intellectual property rights, dominant position, abuse of a dominant position, principle of solidarity, copyright related market, search market
Objavljeno v DKUM: 01.08.2018; Ogledov: 1143; Prenosov: 309
.pdf Celotno besedilo (388,17 KB)

Foreign insolvent debtor : some essential questions a creditor is facing in international collective insolvency proceedings
Jorg Sladič, 2012, izvirni znanstveni članek

Opis: Creditors in international trade are often faced with issues of an insolvent foreign debtor who often has property and assets in several states. In such a case creditors are faced with difficulties of international collective insolvency proceedings. The introductory parts of the article examines the standard questions like the question of a single, universal property of an individual or legal person and on the other hand the principles of territoriality and universality in public international law as far as the effects of foreign collective insolvency proceedings are concerned. The article then deals with issues of the centre of main interests as the point of contact and issues opened with the application of the lex concursus.
Ključne besede: private international law, insolvency law, principle of territoriality, principle of universality, principle of single universal assets and property, recognition of decisions of foreign courts rendered in collective insolvency proceedings, recognition of effects of a foreign collective insolvency proceedings, centre of main interests
Objavljeno v DKUM: 01.08.2018; Ogledov: 950; Prenosov: 47
.pdf Celotno besedilo (235,44 KB)

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