bluuebunny/crossref_metadata_2025 huggingface dataset:
#68: Outcomes of Establishing Infection Care and Prevention Standards in Pediatric Oncology Units in Three Hospitals on the Island of Hispaniola
Authors: Caniza M , Contreras J , Santana G , Mentor G , Gassant P , Gautier J , Homsi M , Happ B , Garcia W , Gomez W , Rodriguez-Galindo C
Published: March 2021

Background

Survival of children with cancer goes hand-on-hand with cancer treatment and improvement of infection care and prevention (ICP). The Hispaniola Island project aims to improve the quality of care and survival for children with cancer in 3 pediatric cancer units by implementing ICP programs in these units with the long-term plan of absorbing such programs into the structure of the hospital care delivery process. We report the 1-year outcomes of establishing ICP standards in pediatric oncology units.

Methods

We followed the general steps for health promotion when engaging with the new sites, which are: (1) planning the process; (2) conducting a situational assessment; (3) identifying objectives; (4) identifying strategies; (5) developing indicators; and (6) tracking progress.

Results

The planning process included discussions with local leadership, timeline plans for ICP interventions, data gathering, and decision-making. Three healthcare providers were identified and trained through the St. Jude Global educational programs as local ICP champions and institutional contacts. Through site visits and focus group discussions, each unit developed a team consisting of the local ICP champion and an infection preventionist to lead the local unit ICP improvement. Situational analysis revealed no surveillance in infections, suboptimal practices hand hygiene, central-line management, and mechanical ventilation. To guide improvement, the local ICP team begun collecting surveillance of ICP indicators, such as infection rates, with monthly reporting to and mentoring by the St. Jude team. Since February 2019, the 3 sites ICP teams prospectively captured 17,532 patient-days (median: 365 patient-days per month; range: 209–573), 384 central-line days (median: 15 central-line days per month; range: 0–33), identified 278 healthcare-associated infections in 159 patients; monitored hand hygiene through direct (observations) and indirect (alcohol gel consumption) methodologies and provided monthly education sessions in ICP to hospital staff, patients and their families. Early results demonstrate the utility of a dedicated ICP team using a standardized ICP reporting system to guide focused improvement of care delivery.

Conclusions

Improving ICP standards is essential for any intervention which aims to improve the survival of children with cancer. A step-wise procedure in building local teams, engaging hospital leaders, evaluating on-site resources, and introducing methods to collect infection rates and other quality indicators for healthcare delivery will provide evidence-based guidance to improve the safety of cancer care delivery. We hope that the improvement could be sustained in the longer run by incorporating the created structure and processes to the hospital system.
#29: Clinical Evaluation of Pediatric Patients with Respiratory Symptoms with Confirmed and Negative Influenza in a Third-level Pediatric Center in Mexico City
Authors: Tarrasa Giancarlo Hernán Cristerna , Mendoza Martha Ramiro , Mendoza Francisco Javier Otero , de la Garza Eduardo Arias
Published: March 2021

Background

Influenza virus is responsible for 3 to 5 million cases every year with an estimated mortality in children around 0.15 deaths per 100,000 population. Mexico reported in the 2018–2019 Influenza season 7,210 confirmed cases with 811 deaths (11%) with AH1N1 the most frequent type with 67% of the cases and 88% of the deaths. Clinical assessment of children with influenza is difficult because of the overlap of symptoms between other viral diseases so we evaluated the severity of respiratory symptoms in influenza-positive and -negative children to attain better clinical assessment of influenza cases.

Methods

We evaluated 846 children less than 18 years old who were screened for influenza in the emergency department at our hospital by using the WHO Influenza Like Disease (ILD) definition between epidemiological week 40 up to week 20 of the 2018–2019 influenza season. Clinical characteristics, evolution and comorbidities were assessed between positive and negative influenza test. Influenza was confirmed by RT–PCR of a nasal swab. Both χ 2 test and t-test were used for statistical analysis of both groups.

Results

Of the 846 children evaluated for ILD, 177 were positive and 669 were negative for influenza virus. 53.6% of the positive group and 52.2% of the negative group were male, mean ages were 5.25 years and 3.73 years, respectively (P < 0.0001) with 55% and 73.9% less than 5 years old, respectively. 75.7% of the positive group had severe disease defined as hypoxemic pneumonia and 78.6% of the negative group. Statistically significant differences in clinical evaluation were observed regarding frequency of fever, cough, sore throat, chills, myalgias, arthralgias, malaise, conjunctivitis and sudden onset of symptoms. Also, in the positive group there was higher probability of having a positive close contact (6.8%) case than in the negative group (2.5%) (P = 0.005). Cardiopathy, immunosuppression and cancer were the most frequent comorbidities in the influenza group. Four percent of the influenza-positive group and 5% of the negative group were vaccinated. Influenza types were 55.4% AH1N1pdm09, 35% B (29% Yamagata, 22.6% Victoria, 48.4% undetermined) and 9% of AH3. Two deaths were reported in the influenza-positive group.

Conclusions

Influenza can produce a severe disease in children, especially with those with co-morbidity; therefore, careful evaluation of respiratory symptoms, contact history to ILD, and highly sensitive diagnostics will accurately diagnose influenza. Patients with severe influenza should be promptly treated with antivirals and isolated to decrease intrahospital transmission.
Comparison of a Hybrid IMRT/VMAT technique with non-coplanar VMAT and non-coplanar IMRT for unresectable olfactory neuroblastoma using the RayStation treatment planning system—EUD, NTCP and planning study
Authors: Raturi Vijay P , Motegi Atsushi , Zenda Sadamoto , Nakamura Naoki , Hojo Hidehiro , Kageyama Shin-Ichiro , Okumura Masayuki , Rachi Toshiya , Ohyoshi Hajime , Tachibana Hidenobu , Motegi Kana , Ariji Takaki , Nakamura Masaki , Hirano Yasuhiro , Hirata Hidenari , Akimoto Tetsuo
Published: March 2021

The purpose of this study was to compare hybrid intensity-modulated radiotherapy (IMRT) and volumetric-modulated arc therapy (Hybrid IMRT/VMAT), with non-coplanar (nc) IMRT and nc-VMAT treatment plans for unresectable olfactory neuroblastoma (ONB). Hybrid IMRT/VMAT, nc-IMRT and nc-VMAT plans were optimized for 12 patients with modified Kadish C stage ONB. Dose prescription was 65 Gy in 26 fractions. Dose–volume histogram parameters, conformation number (CN), homogeneity index (HI), integral dose and monitor units (MUs) delivered per fraction were assessed. Equivalent uniform dose (EUD) and normal tissue complication probability (NTCP) based on the EUD model (NTCPLogit) and the Lyman–Kutcher–Burman model (NTCPLKB) were also evaluated. We found that the Hybrid IMRT/VMAT plan significantly improved the CN for clinical target volume (CTV) and planning treatment volume (PTV) compared with the nc-VMAT plan. In general, sparing of organs at risk (OARs) is similar with the three techniques, although the Hybrid IMRT/VMAT plan resulted in a significantly reduced Dmax to contralateral (C/L) optic nerve compared with the nc-IMRT plan. The Hybrid IMRT/VMAT plan significantly reduce EUD to the ipsilateral (I/L) and C/L optic nerve in comparison with the nc-IMRT plan and nc-VMAT plan, but the difference in NTCP between the three technique was <1%. We concluded that the Hybrid IMRT/VMAT technique can offer improvement in terms of target conformity and EUD for optic nerves, while achieving equal or better OAR sparing compared with nc-IMRT and nc-VMAT, and can be a viable radiation technique for treating unresectable ONB. However, the clinical benefit of these small differences in dosimetric data, EUD and NTCP of optic nerves may be minimal.
Caecal volvulus and jejunostomy: challenging diagnostic
Authors: Morera-Grau A , Membrilla-Fernández E , González-Castillo A M , Pelegrina-Manzano A , Guerrero-Ortiz M A , Téllez-Marquès C , Pons-Fraguero M J , Guzmán-Ahumada J , Pera-Román M , Sancho-Insenser J J
Published: March 2021

Caecal volvulus represent the 20–40% of colonic volvulus, being the second most frequent localization. It causes intestinal occlusion symptomatology (nausea, vomiting, abdominal distension). We present a case of 45-year-old women with feeding jejunostomy tube due to connatal anoxia. She arrives at A&E after 12 h of vomits and abdominal pain. The CT scan shows a small intestine dilation that suggested a small intestine volvulus. A laparotomy is performed showing a caecal volvulus, so ileo-cequectomy with primary anastomosis is performed. After several complications, she was discharged after 60 days of hospital stay. Caecal volvulus can be challenging to diagnose by clinic, because it can be hardly differenced from other intestinal occlusion causes. CT scan can be useful to reach the diagnostic and see signs of tissue suffering. In contrast with sigma volvulus, endoscopic treatment has not shown any benefit to solve it.
Chloride nutrition improves drought resistance by enhancing water deficit avoidance and tolerance mechanisms
Authors: Franco-Navarro Juan D , Díaz-Rueda Pablo , Rivero-Núñez Carlos M , Brumós Javier , Rubio-Casal Alfredo E , de Cires Alfonso , Colmenero-Flores José M , Rosales Miguel A
Published: March 2021

Chloride (Cl−), traditionally considered harmful for agriculture, has recently been defined as a beneficial macronutrient with specific roles that result in more efficient use of water (WUE), nitrogen (NUE), and CO2 in well-watered plants. When supplied in a beneficial range of 1–5 mM, Cl− increases leaf cell size, improves leaf osmoregulation, and reduces water consumption without impairing photosynthetic efficiency, resulting in overall higher WUE. Thus, adequate management of Cl− nutrition arises as a potential strategy to increase the ability of plants to withstand water deficit. To study the relationship between Cl− nutrition and drought resistance, tobacco plants treated with 0.5–5 mM Cl− salts were subjected to sustained water deficit (WD; 60% field capacity) and water deprivation/rehydration treatments, in comparison with plants treated with equivalent concentrations of nitrate, sulfate, and phosphate salts. The results showed that Cl− application reduced stress symptoms and improved plant growth during water deficit. Drought resistance promoted by Cl− nutrition resulted from the simultaneous occurrence of water deficit avoidance and tolerance mechanisms, which improved leaf turgor, water balance, photosynthesis performance, and WUE. Thus, it is proposed that beneficial Cl− levels increase the ability of crops to withstand drought, promoting a more sustainable and resilient agriculture.
Risk Area 5: Social Support
Authors: Burgio Louis D. , Wynn Matthew J.
Published: March 2021

This chapter describes one of the five risk areas, namely, social support. The chapter is designed to address problems regarding social isolation and to help caregivers maintain contact with their social network. The goal of this chapter is to help caregivers receive the assistance they need with both caregiving and noncaregiving tasks from both formal (e.g., community services or agencies) and informal (e.g., family and friends) sources. When issues of isolation or low social support are identified in the risk appraisal, this chapter will be used to guide Action Plan development in order to provide caregivers with the resources and information they need to improve social support.
Filling in the Gaps
Authors: Burgio Louis D. , Wynn Matthew J.
Published: March 2021

This chapter highlights and reiterates important clinical issues, REACH OUT materials, and roadblocks to success. It begins with a few clinical suggestions and a list of materials to bring to each session in order to help clinicians fill in the gaps and increase the likelihood of a successful REACH OUT intervention. This chapter also discusses common barriers faced over the course of the intervention as well as possible solutions. Clinicians will find this chapter helpful when faced with issues that commonly arise, such as dealing with off-topic discussions, caregiver limitations in hearing or vision, or low literacy levels.
The Disengaged Middle/High School Adolescent
Authors: Kearney Christopher A.
Published: March 2021

This chapter provides an overview of disengaged middle/high school teenagers who have difficulty attending school due to a desire to do fun things outside of school during school hours and who may feel disconnected from school. The chapter focuses on helping parents better monitor their child’s whereabouts, setting up regular meetings with their child, developing written agreements for getting ready for school and for going to school, escorting a child to school and from class to class, helping a child know what to do and say to decline offers to miss school, changing what parents say to their child, and helping a child become more engaged at school. The chapter also covers special topics and circumstances that are common to this type of situation.
Probability distribution function of the aperture mass field with large deviation theory
Authors: Barthelemy Alexandre , Codis Sandrine , Bernardeau Francis
Published: March 2021

In the context of tomographic cosmic shear surveys, a theoretical model for the one-point statistics of the aperture mass (Map) is developed. This formalism is based on the application of the large deviation principle to the projected matter density field and more specifically to the angular aperture masses. The latter holds the advantage of being an observable that can be directly extracted from the observed shear field and to be, by construction, independent from the long wave modes. Furthermore, we show that, with the help of a nulling procedure based on the so-called BNT transform, it is possible to build observables that depend only on a finite range of redshifts making them also independent from the small-scale modes. This procedure makes predictions for the shape of the one-point probability distribution function of such an observable very accurate, comparable to what had been previously obtained for 3D observables. Comparisons with specific simulations reveal however inconsistent results showing that synthetic lensing maps were not accurate enough for such refined observables. It points to the need for more precise dedicated numerical developments whose performances could be benchmarked with such observables. We furthermore review the possible systematics that could affect such a formalism in future weak-lensing surveys like Euclid, notably the impact of shape noise as well as leading corrections coming from lend–lens couplings, geodesic deviation, reduced shear and magnification bias.
The surface magnetic activity of the weak-line T Tauri stars TWA 7 and TWA 25
Authors: Nicholson B A , Hussain G , Donati J-F , Wright D , Folsom C P , Wittenmyer R , Okumura J , Carter B D
Published: March 2021

We present an analysis of spectropolarimetric observations of the low-mass weak-line T Tauri stars TWA 25 and TWA 7. The large-scale surface magnetic fields have been reconstructed for both stars using the technique of Zeeman Doppler imaging. Our surface maps reveal predominantly toroidal and non-axisymmetric fields for both stars. These maps reinforce the wide range of surface magnetic fields that have been recovered, particularly in pre-main sequence stars that have stopped accreting from the (now depleted) central regions of their discs. We reconstruct the large scale surface brightness distributions for both stars, and use these reconstructions to filter out the activity-induced radial velocity jitter, reducing the RMS of the radial velocity variations from 495 to 32 m s −1 for TWA 25, and from 127 to 36 m s −1 for TWA 7, ruling out the presence of close-in giant planets for both stars. The TWA 7 radial velocities provide an example of a case where the activity-induced radial velocity variations mimic a Keplerian signal that is uncorrelated with the spectral activity indices. This shows the usefulness of longitudinal magnetic field measurements in identifying activity-induced radial velocity variations.
Troubled cosmic flows: turbulence, enstrophy, and helicity from the assembly history of the intracluster medium
Authors: Vallés-Pérez David , Planelles Susana , Quilis Vicent
Published: March 2021

Both simulations and observations have shown that turbulence is a pervasive phenomenon in cosmic scenarios, yet it is particularly difficult to model numerically due to its intrinsically multiscale character which demands high resolutions. Additionally, turbulence is tightly connected to the dynamical state and the formation history of galaxies and galaxy clusters, producing a diverse phenomenology which requires large samples of such structures to attain robust conclusions. In this work, we use an adaptive mesh refinement (AMR) cosmological simulation to explore the generation and dissipation of turbulence in galaxy clusters, in connection to its assembly history. We find that major mergers, and more generally accretion of gas, is the main process driving turbulence in the intracluster medium. We have especially focused on solenoidal turbulence, which can be quantified through enstrophy. Our results seem to confirm a scenario for its generation which involves baroclinicity and compression at the external (accretion) and internal (merger) shocks, followed by vortex stretching downstream of them. We have also looked at the infall of mass to the cluster beyond its virial boundary, finding that gas follows trajectories with some degree of helicity, as it has already developed some vorticity in the external shocks.
Unveiling short-period binaries in the inner VVV bulge
Authors: Botan E , Saito R K , Minniti D , Kanaan A , Contreras Ramos R , Ferreira T S , Gramajo L V , Navarro M G
Published: March 2021

Most of our knowledge of the structure of the Milky Way has come from the study of variable stars. Among these variables, mimicking the periodic variation of pulsating stars, are eclipsing binaries. These stars are important in astrophysics because they allow us to directly measure the radii and masses of the components, as well as the distance to the system, thus being useful in studies of Galactic structure alongside pulsating RR Lyrae and Cepheids. Using the distinguishing features of their light curves, one can identify them using a semi-automated process. In this work, we present a strategy to search for eclipsing variables in the inner VVV bulge across an area of 13.4 deg2 within 1.68° < l < 7.53° and −3.73° < b < −1.44°, corresponding to the VVV tiles b293–b296 and b307–b310. We accurately classify 212 previously unknown eclipsing binaries, including six very reddened sources. A preliminary analysis suggests that these eclipsing binaries are located in the most obscured regions of the foreground disc and bulge of the Galaxy. This search is therefore complementary to other variable-star searches carried out at optical wavelengths.
Astrocladistics of the Jovian Trojan Swarms
Authors: Holt Timothy R , Horner Jonathan , Nesvorný David , King Rachel , Popescu Marcel , Carter Brad D , Tylor Christopher C E
Published: March 2021

The Jovian Trojans are two swarms of small objects that share Jupiter’s orbit, clustered around the leading and trailing Lagrange points, L4 and L5. In this work, we investigate the Jovian Trojan population using the technique of astrocladistics, an adaptation of the ‘tree of life’ approach used in biology. We combine colour data from WISE, SDSS, Gaia DR2, and MOVIS surveys with knowledge of the physical and orbital characteristics of the Trojans, to generate a classification tree composed of clans with distinctive characteristics. We identify 48 clans, indicating groups of objects that possibly share a common origin. Amongst these are several that contain members of the known collisional families, though our work identifies subtleties in that classification that bear future investigation. Our clans are often broken into subclans, and most can be grouped into 10 superclans, reflecting the hierarchical nature of the population. Outcomes from this project include the identification of several high priority objects for additional observations and as well as providing context for the objects to be visited by the forthcoming Lucy mission. Our results demonstrate the ability of astrocladistics to classify multiple large and heterogeneous composite survey data sets into groupings useful for studies of the origins and evolution of our Solar system.
Terrestrial exoplanet simulator: an error optimal planetary system integrator that permits close encounters
Authors: Bartram Peter , Wittig Alexander
Published: March 2021

We present Terrestrial Exoplanet Simulator (tes), a new n-body integration code for the accurate and rapid propagation of planetary systems in the presence of close encounters. tes builds upon the classic Encke method and integrates only the perturbations to Keplerian trajectories to reduce both the error and runtime of simulations. Variable step size is used throughout to enable close encounters to be precisely handled. A suite of numerical improvements is presented that together make tes optimal in terms of energy error. Lower runtimes are found in the majority of test problems considered when compared to direct integration using ias15. tes is freely available.
TXS 1206 + 549: a new γ-ray-detected narrow-line Seyfert 1 galaxy at redshift 1.34?
Authors: Rakshit Suvendu , Schramm Malte , Stalin C S , Tanaka I , Paliya Vaidehi S , Pal Indrani , Kotilainen Jari , Shin Jaejin
Published: March 2021

Radio and γ-ray loud narrow-line Seyfert 1 galaxies (NLS1s) are unique objects to study the formation and evolution of relativistic jets, as they are believed to have high accretion rates and powered by low mass black holes contrary to that known for blazars. However, only about a dozen γ-ray-detected NLS1s (γ-NLS1s) are known to date and all of them are at $z$ ≤ 1. Here, we report the identification of a new γ-ray-emitting NLS1 TXS 1206 + 549 at $z$ = 1.344. A near-infrared spectrum taken with the SubaruTelescope showed H β emission line with FWHM of 1194 ± 77 km s−1 and weak [O iii] emission line but no optical Fe ii lines, due to the limited wavelength coverage and poor signal-to-noise ratio. However, UV Fe ii lines are present in the SDSS optical spectrum. The source is very radio-loud, unresolved, and has a flat radio spectrum. The broad-band spectral energy distribution of the source has the typical two hump structure shown by blazars and other γ-NLS1s. The source exhibits strong variability at all wavelengths such as the optical, infrared, and γ-ray bands. All these observed characteristics show that TXS 1206 + 549 is the most distant γ-NLS1 known to date.
Targeting the ALS/FTD-associated A-DNA kink with anthracene-based metal complex causes DNA backbone straightening and groove contraction
Authors: Jhan Cyong-Ru , Satange Roshan , Wang Shun-Ching , Zeng Jing-Yi , Horng Yih-Chern , Jin Peng , Neidle Stephen , Hou Ming-Hon
Published: March 2021

The use of a small molecule compound to reduce toxic repeat RNA transcripts or their translated aberrant proteins to target repeat-expanded RNA/DNA with a G4C2 motif is a promising strategy to treat C9orf72-linked disorders. In this study, the crystal structures of DNA and RNA–DNA hybrid duplexes with the -GGGCCG- region as a G4C2 repeat motif were solved. Unusual groove widening and sharper bending of the G4C2 DNA duplex A-DNA conformation with B-form characteristics inside was observed. The G4C2 RNA–DNA hybrid duplex adopts a more typical rigid A form structure. Detailed structural analysis revealed that the G4C2 repeat motif of the DNA duplex exhibits a hydration shell and greater flexibility and serves as a ‘hot-spot’ for binding of the anthracene-based nickel complex, NiII(Chro)2 (Chro = Chromomycin A3). In addition to the original GGCC recognition site, NiII(Chro)2 has extended specificity and binds the flanked G:C base pairs of the GGCC core, resulting in minor groove contraction and straightening of the DNA backbone. We have also shown that Chro-metal complexes inhibit neuronal toxicity and suppresses locomotor deficits in a Drosophila model of C9orf72-associated ALS. The approach represents a new direction for drug discovery against ALS and FTD diseases by targeting G4C2 repeat motif DNA.
Enhanced Fiber Tractography Using Edema Correction: Application and Evaluation in High-Grade Gliomas
Authors: Henderson Jr Fraser , Parker Drew , Vijayakumari Anupa A , Elliott Mark , Lucas Timothy , McGarvey Michael L , Karpf Lauren , Desiderio Lisa , Harsch Jessica , Levy Scott , Maloney-Wilensky Eileen , Wolf Ronald L , Hodges Wesley B , Brem Steven , Verma Ragini
Published: March 2021

BACKGROUND

A limitation of diffusion tensor imaging (DTI)-based tractography is peritumoral edema that confounds traditional diffusion-based magnetic resonance metrics.

OBJECTIVE

To augment fiber-tracking through peritumoral regions by performing novel edema correction on clinically feasible DTI acquisitions and assess the accuracy of the fiber-tracks using intraoperative stimulation mapping (ISM), task-based functional magnetic resonance imaging (fMRI) activation maps, and postoperative follow-up as reference standards.

METHODS

Edema correction, using our bi-compartment free water modeling algorithm (FERNET), was performed on clinically acquired DTI data from a cohort of 10 patients presenting with suspected high-grade glioma and peritumoral edema in proximity to and/or infiltrating language or motor pathways. Deterministic fiber-tracking was then performed on the corrected and uncorrected DTI to identify tracts pertaining to the eloquent region involved (language or motor). Tracking results were compared visually and quantitatively using mean fiber count, voxel count, and mean fiber length. The tracts through the edematous region were verified based on overlay with the corresponding motor or language task-based fMRI activation maps and intraoperative ISM points, as well as at time points after surgery when peritumoral edema had subsided.

RESULTS

Volume and number of fibers increased with application of edema correction; concordantly, mean fractional anisotropy decreased. Overlay with functional activation maps and ISM-verified eloquence of the increased fibers. Comparison with postsurgical follow-up scans with lower edema further confirmed the accuracy of the tracts.

CONCLUSION

This method of edema correction can be applied to standard clinical DTI to improve visualization of motor and language tracts in patients with glioma-associated peritumoral edema.
Restitutionary remedies (for torts and breach of contract)
Authors: Burrows Andrew
Published: March 2021

In this book we are concerned with only a part of the law of restitution, namely restitutionary remedies—that is, remedies reversing gains—for a tort or breach of contract (or, in chapter 26, for an equitable wrong). We are, in other words, concerned with restitution for wrongs and not restitution of an unjust enrichment.
Delivery up
Authors: Burrows Andrew
Published: March 2021

This is the appropriate remedy for the claimant to recover its goods where the defendant is tortiously ‘interfering’ with them under the Torts (Interference with Goods) Act 1977. By the remedy the defendant is ordered to deliver the goods to, or to allow them to be taken by, the claimant. Delivery up therefore belongs alongside the mandatory restorative injunction as a remedy concerned to compel the undoing of a wrong.
Individual Character
Authors: Stone David
Published: March 2021

In addition to being ‘new’, a valid Community design (registered or unregistered) or a national or Benelux registered design must also have ‘individual character’.
Remedies
Authors: Stone David
Published: March 2021

Remedies under the Directive are entirely a matter for national law, subject to the harmonization of the Enforcement Directive. They are therefore not discussed here, as they will vary from member state to member state. Under the Regulation, certain provisions are made for remedies, although most procedure and practice is still left to national law, again, subject to the Enforcement Directive. This chapter therefore briefly examines the Enforcement Directive, before turning to the remedies provided under the Regulation. These remedies will apply in relation to infringement and other actions with respect to Community designs, both registered and unregistered.
Confidentiality and Privacy
Authors: Riordan Jaani
Published: March 2021

This chapter examines the liability of internet intermediaries for breaches of confidence and invasions of privacy. The scope and content of these duties embody delicate compromises between, on the one hand, the rights to data protection and respect for private life and, on the other, the freedoms to express and receive information. The enforcement of that balance against service providers requires further choices about how far to extend responsibility for infringements of those rights by others, and who should be required to police them. The importance of these rights and policy choices continues to grow in light of recent technological and social changes.
Injunctions
Authors: Riordan Jaani
Published: March 2021

This chapter considers several limitations upon the availability, nature, and scope of injunctive remedies available against internet intermediaries. These limitations derive from four main sources: general principles of injunctive relief, European Union law, human rights law, and specific doctrinal rules. Some are of universal application; others apply in more limited fields, such as the grant of interim injunctions, the enforcement of intellectual property rights, or to particular classes of defendants. With some exceptions, they are not specific to the internet, or even to intermediaries, and so apply in other domains and to other parties as well. This chapter divides these rules into general limitations and those specific to intellectual property. Safe harbours are addressed separately in chapter 12.
De-Indexing and Freezing Orders
Authors: Riordan Jaani
Published: March 2021

This chapter considers the availability of two new forms of injunctive relief against internet intermediaries. The first is a mandatory injunction, likely to be directed at a search engine operator or other aggregator of information, to remove a reference to tortious or unlawful material. Similar relief is already available for the purpose of erasing or blocking access to personal data in the circumstances considered in chapter 10. Equivalent relief may also be available to remove links to copyright infringing material in the form of service provider injunctions under section 97A. In addition to these statutory remedies, wider de-indexing orders are theoretically within the courts’ jurisdiction for at least the purposes of giving effect to fundamental rights or preventing infringements of intellectual property.
Macdonald on the Law of Freedom of Information
Authors: Peacock Ian , Simpson Edwin , Pay Adrian , Adamyk Simon , Ford Charlotte , Littler Anna , McNicholas Gabriella
Published: March 2021

Ten years after the Freedom of Information Act 2000 came into force in the UK, the implementation and case law related to the Act remains contentious. This new edition of the standard practitioners' text provides a complete, authoritative, and accessible guide to this challenging and rapidly evolving area of law. The core of the book is a full and lucid exploration of the statutory scheme: the Act itself, as well as the Environmental Regulations 2004 and the Data Protections Act 1998. It provides historical perspectives, aids to construction, and in-depth analysis of all provisions, with discussion expanded to include the problems exposed by the mass of information about individuals now available on the internet, and the best way to protect citizens from those who commit crimes and torts online. Further chapters address how the Act relates to other legal issues, including human rights, confidentiality, data protection, and official secrets. Finally, it offers an account of the different ways the disclosure of information is treated in the European Union and the devolved parts of the UK, and a comparative survey of information rights in other parts of the world.
Introduction
Authors: Mühlendahl Alexander , Botis Dimitris , Maniatis Spyros , Wiseman Imogen
Published: March 2021

Trade mark law has been growing rapidly in Europe during the last twenty years as a result of the harmonization process and the introduction of the Community trade mark system. Until the introduction of the new European regime, national schemes of protection had been developed following contradictory models, ranging from pure deposit systems to registries that wished to protect consumers and competitors first and trade mark owners second. At the same time national courts had been applying their own distinct and often disparate trade mark law doctrines, whereas for the Court of Justice trade mark rights were primarily potential anti-​competitive tools and barriers to intra-​Community trade. From the early 1990s onwards, the new European regime has changed all that. National laws have had to adapt to following the same substantive principles and national systems to coexist with a new, and truly federal, competing system of protection.
The Origins of the Re Hastings-Bass Rule
Authors: Ashdown Michael
Published: March 2021

The present state of the law must now be treated as authoritatively set out by Lord Walker in Pitt v Holt, and to a lesser but still important extent by the earlier judgment of Lloyd LJ in the Court of Appeal in the same case. This chapter, however, is concerned with the earlier development of the Re Hastings-Bass doctrine. Its purpose is to establish the doctrinal legitimacy of the rule in Re Hastings-Bass as an aspect of the English law of trusts. Whilst this is primarily of academic and theoretical concern, in view of the Supreme Court’s reformulation of the law into its present shape, it is also of practical importance. In particular, the future application of the doctrine to novel situations will depend upon understanding the precise nature and scope of the rule propounded by the Supreme Court. That decision cannot simply be divorced from the many decided cases which preceded it, and from its place in the wider compass of the law of trusts.
Extending the Scope of the Rule
Authors: Ashdown Michael
Published: March 2021

The analysis and discussion of the Re Hastings-Bass rule set out in the previous chapters has primarily addressed the situation in which the rule has typically been applied: the exercise of a dispositive power or discretion by a trustee. But stating the paradigmatic Re Hastings-Bass situation in that way makes clear the possibility of extending the rule’s application beyond those boundaries. First, a trustee may exercise a power which is of an administrative rather than dispositive character. Secondly, a power may be vested in a person as an individual, rather than in an office-holder such as a trustee. Thirdly, powers may be vested in fiduciaries other than trustees, and indeed Pitt v Holt itself was concerned with the actions of a receiver appointed under the Mental Health Act 1983. This chapter addresses in turn each of these three possibilities.
Fraud on a Power
Authors: Ashdown Michael
Published: March 2021

Like the rule in Re Hastings-Bass, the doctrine of fraud on a power is among the controls imposed by equity on the exercise of powers. At first glance they may appear to have little else in common. Where the latter addresses the purpose for which a power is exercised, the former is concerned with duty to take relevant matters into account in exercising a power. The Re Hastings-Bass rule applies only to trustees and those in analogous fiduciary positions whereas fraud on a power applies equally to powers held in a purely personal capacity. Fraud on a power has a long history stretching back to at least the mid-eighteenth century whereas the Re Hastings-Bass rule first appeared in anything approaching its present form in 1989.
Ireland
Authors: O’Neill Barry , McGrath Nicola
Published: March 2021

The material contained herein is intended as a general guide only and is not intended to be a memorandum of law study, nor to provide legal advice, and should not be treated as a substitute for legal advice concerning particular situations. Legal advice should always be sought before taking any action based on the information provided. The publishers, editors, and authors bear no responsibility for any errors or omissions contained therein.
The United States of America
Authors: Goldstein Marcia L , Coelho Sara
Published: March 2021

The material contained herein is intended as a general guide only and is not intended to be a memorandum of law study, nor to provide legal advice, and should not be treated as a substitute for legal advice concerning particular situations. Legal advice should always be sought before taking any action based on the information provided. The publishers, editors, and authors bear no responsibility for any errors or omissions contained herein.
International Trust Laws
Authors: Panico Paolo
Published: March 2021

International Trust Laws is a wide-ranging comparative guide to the law of trusts across a number of important jurisdictions, with analysis of issues surrounding the creation of trusts, the powers and duties of trustees, mechanisms of control, and the special uses of trusts. The book combines academic rigour and analysis with a practical focus on trusts in the real world, including assets which modern settlors wish to envelop in a trust; liability concerns of trustees; and the governance, command, and control mechanisms which increasingly form the largest feature of trust creation. It also provides valuable background for trust law practitioners, whether they advise on trusts, draft trust documents, or litigate trust-related matters. The new edition has been fully revised and updated to address important developments in case law and legislation, including the UK Supreme Court decision on the “rule in Hastings-Bass” (Pitt and Futter cases), the Privy Council decision on ‘reserved powers trusts’ (TMSF), decisions on forced heirship issues in Jersey and Guernsey, decisions on ‘asset protection trusts’ in the US, the Trusts (Amendment N. 5) (Jersey) Law 2012 and Trusts (Amendment N. 6) (Jersey) Law 2013, Hong Kong's Trust Law (Amendment) Ordinance 2013, the Virgin Islands Special Trusts (Amendment) Act 2013 and Trustee (Amendment) Act 2013, Cyprus' International Trusts (Amendment) Law 2012 Cayman Islands, Trusts Law (2011 Revision), and amendments to the trusts law of New Zealand. It also offers new coverage of the retirement, removal, and appointment of trustees, with a special emphasis on trustee indemnity; and the recognition of trusts in non-trust jurisdictions (civil law jurisdictions, Eastern Europe, Islamic countries, and China).
Introduction
Authors: Panico Paolo
Published: March 2021

The English legal genius that attached an obligation of conscience to the title to property brought into being what Frederick Maitland famously described as ‘perhaps the greatest and most distinctive achievement of English lawyers’. Since their first medieval appearance as ‘uses’, trusts have established themselves as the main estate planning and wealth management arrangement of the western legal tradition. Trusts succeeded in withstanding a fatal attempt to legislate them out of existence under King Henry VIII’s Statute of Uses of 1535. They subsequently spread across five continents following the expansion of the British Empire: indeed, ‘trusts’—along with ‘trade’ and ‘tea’—were one of the ‘three Ts’ traditionally associated with British civilization.
Duty To Act Within Powers
Authors: Haywood Marcus
Published: March 2021

A director will act other than in accordance with the company’s constitution and will breach this duty if he causes the company to do something beyond its powers or if he fails to comply with the company’s internal regulations. Paragraph (b) requires a director to observe the spirit as well as the letter of the constitution by which his powers of management are conferred. Whether there is a breach of paragraph (a) is to be determined objectively, whereas paragraph (b) concerns the subjective intentions of the director.
Transactions With Directors Requiring Approval of Members
Authors: Tamlyn Lloyd
Published: March 2021

This chapter covers the provisions in the Companies Act, Part 10, Chapters 4 and 4A, ss 188–230, which for the most part underpin the duties of directors by requiring certain transactions with directors to be approved by the members. It also deals with the right to inspect directors’ service contracts or memoranda of their terms and the special rules, set out in s 231, that apply to contracts with a sole member who is a director.
Liabilities of Directors To Third Parties
Authors: Hilliard Lexa
Published: March 2021

A principal purpose of incorporating a company with limited liability is to avoid the personal liability that otherwise attaches to an individual if he trades without the protection of the corporate form. Incorporation with limited liability undoubtedly shields a director from the routine liabilities associated with carrying on business when that business is carried on by a company rather than by him as an individual. Legally, the business is then the company’s business, not the director’s business and therefore any contracts concluded or obligations undertaken in relation to the business are, ordinarily, contracts or obligations of the company.
Directors’ Functions and Duties in Insolvency Proceedings
Authors: Cooke Charlotte
Published: March 2021

Since the 1844 Winding Up Act, winding-up proceedings have been a means of requiring directors to account for their management of the business of the company, investigating the causes of failure and enabling prosecutions to be brought, and claims made, against delinquent directors. These purposes underline the winding-up provisions that have been incorporated into the successive Companies Acts 1862–1985. The 1862 Act introduced a summary procedure, known as a misfeasance summons, for assessing damages against delinquent directors. Following the report of the Greene Committee, the 1929 Act, s 275 made persons, including directors, responsible for fraudulent trading personally liable without limit for the debts of the company and also liable to criminal prosecution.
Definitions
Authors: Keussen Christoph
Published: March 2021

Lit a contains the reference to Art 3 Reg 1257/2012 (EPUE Reg) as the provision creating the EPUE as an IP right. It is this connecting factor that determines that the EPUET Reg covers only EPUEs after the occurrence of unitary effect.
Unified Patent Court
Authors: Tilmann Winfried
Published: March 2021

A Unified Patent Court for the settlement of disputes relating to European patents and European patents with unitary effect is hereby established.
The Budget Committee
Authors: Büttner Tilmann
Published: March 2021

Having an independent legal personality, the Court needs an entity which controls and supervises the budget. The most important decision the Budget Committee must take is the adoption of the budget proposed by the Presidium pursuant to Art 26(1) UPC Statute. The budget of the Court must be balanced (Art 36(1) UPCA). As the CMSs are required to provide additional means to the Court if revenue is not sufficient to cover costs, the Budget Committee has the power to set financial obligations for the CMSs by setting each state a certain amount.
Appointment Procedure
Authors: Büttner Tilmann
Published: March 2021

The appointment procedure has several phases in which both the Advisory Committee and subsequently the Administrative Committee become active until the candidate is appointed as a judge by the Administrative Committee.
Effects of an appeal
Authors: Tochtermann Peter
Published: March 2021

An appeal shall not have suspensive effect unless the Court of Appeal decides otherwise at motivated request of one of the parties. The Rules of Procedure shall guarantee that such a decision is taken without delay.
Article 86 Duration of the Agreement
Authors: Tilmann Winfried
Published: March 2021

Pursuant to Art 54 VCLT of 23 May 1989, the termination of a treaty or the withdrawal of a party may take place in conformity with the provisions of the treaty or at any time with the consent of all parties after consultation with the other Contracting States.
Article 88 Languages of the Agreement
Authors: Tilmann Winfried
Published: March 2021

By ordering the UPCA to be drawn up in a single original in the English, French, and German languages, each text being equally authentic, para 1 defines these versions as ‘authentic and definitive’ within the meaning of the VCLT.
Judges’ term of office
Authors: Tochtermann Peter
Published: March 2021

To guarantee sufficient continuity in filling the positions of judges of the Court and to provide for the institutional independence of those judges, judges will be appointed for a period of six years. The term begins on the date set out in the instrument of appointment. Where no date has been set out, the term begins on the date of the instrument of appointment.
End of duties
Authors: Tochtermann Peter
Published: March 2021

A judge’s term ends automatically after six years without the need for any further administrative steps. In the event of death or resignation, the term will automatically end.
Preparation of the budget
Authors: Tochtermann Peter
Published: March 2021

The draft budget and possible amendments must be submitted to the Budget Committee by the Presidium no later than 31 October of the year preceding the accounting period and the Administrative Committee as well as the auditors appointed in accordance with Art 32 UPC Statute have to be informed (Art 25 Draft Financial Regulations). The budget must be adopted by the Budget Committee before the commencement of the next accounting period. If the Budget Committee has not adopted the budget at the time, a provisional budget must be drawn up (→ Art 31 UPC Statute).
Auditing of accounts
Authors: Tochtermann Peter
Published: March 2021

Pursuant to Art 70 Draft Financial Regulations, two independent and impartial auditors will be appointed (Art 75(1) Draft Financial Regulations). The working group had been of the opinion that one auditor could be sufficient to fulfil the function effectively during the start-up period but eventually decided that two auditors should be appointed for reasons of transparency and proper control. The Budget Committee may appoint a third auditor if it is deemed necessary (Art 70(1) Draft Financial Regulations). The auditors are appointed by the Budget Committee with the CMSs able to propose candidates who will be included in a list from which the auditors will be recruited (Art 70(1) Draft Financial Regulations). The auditors may not have been staff members of the Court in the three years prior to their appointment (Art 70(2) Draft Financial Regulations), must be experienced in auditing, and should preferably have served as auditors in the public administration of a CMS. They should also be fluent in at least one working language of the UPC and able to work in a second language. All three working languages of the UPC have to be represented (Art 70(2) and (3) Draft Financial Regulations). The auditors are appointed for a period of four years and may be reappointed once (Art 70(4) Draft Financial Regulations). They may not take up employment at the Court in the three years following their term of service and will remain in office until a successor has been found to fill their position (Art 70(5) Draft Financial Regulations).