bluuebunny/crossref_metadata_2025 huggingface dataset:
Neurodevelopmental outcome in infants with esophageal atresia: risk factors in the first year of life
Authors: Francesca Bevilacqua , Benedetta Ragni , Andrea Conforti , Annabella Braguglia , Simonetta Gentile , Antonio Zaccara , Pietro Bagolan , Lucia Aite
Published: November 2020

Data on neurodevelopmental outcomes of infants born with esophageal atresia (EA) are still scarce and controversial. The aims of our study were to evaluate motor and cognitive development during the first year of life, in patients operated on of EA and to investigate potential risk factors for motor and cognitive development both at 6 and 12 months.

This is an observational prospective longitudinal study in a selected cohort of type C and D EA infants enrolled in our follow-up program from 2009 to 2017. In order to exclude possible confounding factors, the following exclusion criteria were applied: (i) gestational age ≤ 32 weeks and/or birth weight ≤ 1500 g; (ii) genetic syndrome or chromosomal anomaly known to be associated with neurodevelopmental delay; (iii) neurologic disease; (iv) esophageal gap ≥three vertebral bodies. Patients were evaluated at 6 and 12 months of life (corrected age for infants with a gestational age of 32–37 weeks) with the Bayley Scales of Infant and Toddler Development—3rd Edition.

In our selected cohort of EA infants, 82 were evaluated at 6 months and 59 were reevaluated at 12 months. Both Motor and Cognitive average scores were within the norm at both time points. However, we report increased number of infants with motor delay with time: 14% at 6 months and 24% at 12 months. Multiple regression analysis for Motor scores at 6 [F(4,74) = 4.363, P = 0.003] and 12 months [F(6,50) = 2.634, P = 0.027] identified (i) low birth weight, (ii) longer hospital stay and (iii) weight < fifth percentile at 1 year as risk factors. Interestingly, average Cognitive scores also increased with time from 85.2% at 6 months and 96.6% at 12 months. Multiple regression models explaining variance of Cognitive scores at 6 [F(4, 73) = 2.458, P = 0.053] and 12 months [F(6, 49) = 1.232, P = 0.306] were nonsignificant.

Our selected cohort of EA patients shows, on the average, Motor and Cognitive scores within the norm both at 6 and 12 months. Nevertheless, the percentage of infants with Motor scores below the average increases regardless gestational age. None of clinical and sociodemographic variables taken into consideration was able to predict cognitive development both at 6 and 12 months whereas risk factors for Motor development change during the first year of life.

Healthcare providers should pay particular attention to patients with low birth weight, longer hospital stays and weight under fifth percentile at 1 year. Future studies should include long-term outcomes to reveal possible catch up in motor development and/or possible findings in Cognitive scores.
Efficacy and Safety of Early Initiation of Eplerenone Treatment in Patients with Acute Heart Failure (EARLIER trial): a multicentre, randomized, double-blind, placebo-controlled trial
Authors: Asakura Masanori , Ito Shin , Yamada Takahisa , Saito Yoshihiko , Kimura Kazuo , Yamashina Akira , Hirayama Atsushi , Kobayashi Youichi , Hanatani Akihisa , Tsujimoto Mitsuru , Yasuda Satoshi , Abe Yukio , Higashino Yorihiko , Tamaki Yodo , Sugino Hiroshi , Niinuma Hiroyuki , Okuhara Yoshitaka , Koitabashi Toshimi , Momomura Shin-Ichi , Asai Kuniya , Nomura Akihiro , Kawai Hiroya , Satoh Yasuhiro , Yoshikawa Tsutomu , Hirata Ken-Ichi , Yokoi Yoshiaki , Tanaka Jun , Shibata Yoshisato , Maejima Yasuhiro , Tamaki Shunsuke , Kawata Hiroyuki , Iwahashi Noriaki , Kobayashi Masatake , Higuchi Yoshiharu , Kada Akiko , Yamamoto Haruko , Kitakaze Masafumi
Published: November 2020

Aims

A mineralocorticoid receptor antagonist (MRA) is effective in patients with chronic heart failure; however, the effects of the early initiation of an MRA in patients with acute heart failure (AHF) have not been elucidated.

Methods and results

In this multicentre, randomized, double-blind, placebo-controlled, parallel-group study, we focused on the safety and effectiveness of the treatment with eplerenone, a selective MRA in 300 patients with AHF, that is, 149 in the eplerenone group and 151 in the placebo group in 27 Japanese institutions. The key inclusion criteria were (i) patients aged 20 years or older and (ii) those with left ventricular ejection fraction of ≤40%. The primary outcome was a composite of cardiac death or first re-hospitalization due to cardiovascular disease within 6 months. The mean age of the participants was 66.8 years, 27.3% were women, and the median levels of brain natriuretic peptide were 376.0 pg/mL. The incidences of the primary outcome were 19.5% in the eplerenone group and 17.2% in the placebo group [hazard ratio (HR): 1.09, 95% confidence interval (CI): 0.642–1.855]. In prespecified secondary outcomes, HR for the composite endpoint, cardiovascular death, or first re-hospitalization due to heart failure within 6 months was 0.55 (95% CI: 0.213–1.434). The safety profile for eplerenone was as expected.

Conclusion

The early initiation of eplerenone in patients with AHF could safely be utilized. The reduction of the incidence of a composite of cardiovascular death or first re-hospitalization for cardiovascular diseases by eplerenone is inconclusive because of inadequate power.
Plant-associated fungal biofilms—knowns and unknowns
Authors: Motaung Thabiso E , Peremore Chizné , Wingfield Brenda , Steenkamp Emma
Published: November 2020

Nearly all microbes, including fungi, grow firmly attached to surfaces as a biofilm. Yet, attention toward fungal interactions with plants and the environment is dedicated to free-floating (planktonic) cells. Fungal biofilms are generally thought to configure interactions across and among plant populations. Despite this, plant fungal biofilm research lags far behind the research on biofilms of medically important fungi. The deficit in noticing and exploring this research avenue could limit disease management and plant improvement programs. Here, we provide the current state of knowledge of fungal biofilms and the different pivotal ecological roles they impart in the context of disease, through leveraging evidence across medically important fungi, secondary metabolite production, plant beneficial functions and climate change. We also provide views on several important information gaps potentially hampering plant fungal biofilm research, and propose a way forward to address these gaps.
Emotional Loneliness Is Associated With a Risk of Dementia in a General Japanese Older Population: The Hisayama Study
Authors: Shibata Mao , Ohara Tomoyuki , Hosoi Masako , Hata Jun , Yoshida Daigo , Hirabayashi Naoki , Morisaki Yukiko , Nakazawa Taro , Mihara Akane , Nagata Takuya , Oishi Emi , Anno Kozo , Sudo Nobuyuki , Ninomiya Toshiharu
Published: November 2020

Objectives

To investigate the association of loneliness and its component subscales with the risk of dementia in a general Japanese older population.

Method

A total of 1,141 community-dwelling Japanese residents aged ≥65 years without dementia were prospectively followed up for a median 5.0 years. We evaluated any loneliness and its component subscales—namely, social and emotional loneliness—by using the 6-item de Jong Gierveld Loneliness Scale. Cox proportional hazards models were used to estimate hazard ratios (HRs) of each loneliness type on the risk of dementia controlling for demographic factors, lifestyle factors, physical factors, social isolation factors, and depression.

Results

During the follow-up, 114 participants developed dementia. The age- and sex-adjusted incidence rate of dementia was significantly greater in participants with any loneliness and emotional loneliness than those without. The multivariable-adjusted HRs (95% confidence intervals) of participants with any loneliness and emotional loneliness on incident dementia were 1.61 (1.08–2.40) and 1.65 (1.07–2.54), respectively, as compared to those without. However, there was no significant association between social loneliness and dementia risk. In subgroup analyses of social isolation factors, excess risks of dementia associated with emotional loneliness were observed in participants who had a partner, lived with someone, or rarely communicated with relatives or friends, but such association was not significant in participants who had no partner, lived alone, or frequently communicated with friends or relatives.

Discussion

The present study suggested that loneliness, especially emotional loneliness, was a significant risk factor for the development of dementia in the general older population in Japan.
A multilevel transition perspective on embedding intersectoral action in local health policies
Authors: Super Sabina , Klerkx Laurens W A , Hermens Niels , Koelen Maria A
Published: November 2020

Intersectoral action is advocated as a social practice that can effectively address health inequalities and related social issues. Existing knowledge provides insight into factors that may facilitate or hinder successful intersectoral action, but not much is known about how intersectoral action evolves and becomes embedded in local health policies. This is where this study aims to make its contribution, by adopting the multilevel perspective on transitions, which is increasingly used to study social innovation in sustainability transitions but has not yet been applied to public health and health promotion. Through this perspective, it was unravelled how intersectoral action between youth-care organizations and community sports clubs became embedded in local health policies of Rotterdam, a large city in the Netherlands. A single explorative case study was conducted based on content analysis of policy documents and 15 in-depth interviews with policy officers, managers and field workers operating in the fields of youth and sports in Rotterdam. The findings showed that intersectoral action between community organizations and policymakers evolves through congruent processes at different levels that changed institutional logics. Moreover, it emerged that policymakers and other actors that advocate novel social practices and act as boundary spanners can adopt multiple strategies to embed these practices in local health policy. The multi-level perspective adds value to earlier approaches to research intersectoral collaboration for health promotion as it allows to better capture the politics involved in the social innovation processes. However, further sharpening and more comprehensive application of transition concepts to study transitions in public health and health promotion is needed.
Mitochondria–lysosome membrane contacts are defective in GDAP1-related Charcot–Marie–Tooth disease
Authors: Cantarero Lara , Juárez-Escoto Elena , Civera-Tregón Azahara , Rodríguez-Sanz María , Roldán Mónica , Benítez Raúl , Hoenicka Janet , Palau Francesc
Published: November 2020

Mutations in the GDAP1 gene cause Charcot–Marie–Tooth (CMT) neuropathy. GDAP1 is an atypical glutathione S-transferase (GST) of the outer mitochondrial membrane and the mitochondrial membrane contacts with the endoplasmic reticulum (MAMs). Here, we investigate the role of this GST in the autophagic flux and the membrane contact sites (MCSs) between mitochondria and lysosomes in the cellular pathophysiology of GDAP1 deficiency. We demonstrate that GDAP1 participates in basal autophagy and that its depletion affects LC3 and PI3P biology in autophagosome biogenesis and membrane trafficking from MAMs. GDAP1 also contributes to the maturation of lysosome by interacting with PYKfyve kinase, a pH-dependent master lysosomal regulator. GDAP1 deficiency causes giant lysosomes with hydrolytic activity, a delay in the autophagic lysosome reformation, and TFEB activation. Notably, we found that GDAP1 interacts with LAMP-1, which supports that GDAP1–LAMP-1 is a new tethering pair of mitochondria and lysosome membrane contacts. We observed mitochondria–lysosome MCSs in soma and axons of cultured mouse embryonic motor neurons and human neuroblastoma cells. GDAP1 deficiency reduces the MCSs between these organelles, causes mitochondrial network abnormalities, and decreases levels of cellular glutathione (GSH). The supply of GSH-MEE suffices to rescue the lysosome membranes and the defects of the mitochondrial network, but not the interorganelle MCSs nor early autophagic events. Overall, we show

that GDAP1 enables the proper function of mitochondrial MCSs in both degradative and nondegradative pathways, which could explain primary insults in GDAP1-related CMT pathophysiology, and highlights new redox-sensitive targets in axonopathies where mitochondria and lysosomes are involved.
Transvenous lead extraction outcomes using a novel hand-powered bidirectional rotational sheath as a first-line extraction tool in a low-volume centre
Authors: Ksela Jus , Prevolnik Jan , Racman Mark
Published: November 2020

OBJECTIVES

Extraction of cardiovascular implantable electronic devices in low-volume medical centres with limited clinical experience and an evolving lead extraction programme may be challenging. We aimed to evaluate the safety and efficacy of stepwise transvenous lead extraction (TLE) using a novel type of hand-powered rotational sheath as a first-line tool for extraction of chronically implanted devices in a single, low-volume centre.

METHODS

Sixty-seven consecutive patients undergoing a TLE procedure using the novel Evolution® RL rotational sheath as the first-line extraction tool between 2015 and 2019 at our institution were enrolled in the study. Their short-term and 30-day outcomes were observed.

RESULTS

Sixty-nine devices and 131 leads were explanted. Procedural and clinical success rates were 92.4% and 98.5%, respectively. Two procedures were classified as failures due to lead remnants >4 cm remaining in patients’ vascular systems. One major (1.5%) and 3 minor (4.4%) adverse events and no deaths were observed.

CONCLUSIONS

TLE procedures, performed in a stepwise manner, using the Evolution RL sheath as a first-line extraction device and conducted by an experienced, surgically well-trained operator, offer excellent results with clinical and procedural success rates comparable to those, achieved in dedicated, high-volume institutions. Opting for optimal lead extraction approach in low-volume centres or institutions with evolving TLE programmes, a stepwise extraction strategy using the Evolution RL sheath by skilled operator may provide the optimal scheme with an excellent ratio between clinical and/or procedural success and complications.
Do generalized draw-down times lead to better dividends? A Pontryagin principle-based answer
Authors: Avram Florin , Goreac Dan
Published: November 2020

In the context of maximizing cumulative dividends under barrier policies, generalized Azéma–Yor (draw-down) stopping times receive increasing attention during these past years. Based on Pontryagin’s maximality principle, we illustrate the necessity of such generalizations under the framework of spectrally negative Markov processes. Roughly speaking, starting from the explicit expression of the optimal value of discounted dividends in terms of the scale functions, we write down the optimality conditions (via Pontryagin’s principle). The use of generalized draw-downs is then quantified through a structure term (linked to the existence of non bang-bang optimal controls). We thoroughly study several classes of Lévy processes (Bertoin, Lévy Processes, vol. 121. Cambridge University Press, 1998; Kyprianou, Fluctuations of Lévy Processes with Applications: Introductory Lectures. Springer Science & Business Media, 2014) constituting the usual models of insurance claims and a particular piece-wise deterministic Markov model (extending the premium rate to reserve-dependent settings). In all these models, we disprove the consistency of the aforementioned structure equation, thus denying the necessity of such generalizations. We end the paper with some heuristics on possible non-trivial cases for general Markov models.
Asymptotic Properties of the Spinor Field and the Application to Nonlinear Dirac Models
Authors: Li Jiong-Yue , Zang Yunlong
Published: November 2020

In this paper we study the asymptotic behavior of the solutions of massless Dirac equations in $\mathbb{R}^{1+3}$ via a vector field method. It is proved that the solutions decay in a sharp rate and enjoy the so-called peeling properties. Based on this decay mechanism, we give a new insight to investigate the spinor null structure. Then a small-data global existence result of a nonlinear Dirac model follows. The application of our nonlinear Dirac model also anwers an open question raised by N. Tzvetkov concerning the Lorentz-invariant quadratic Dirac equations.
A CLT in Stein’s Distance for Generalized Wishart Matrices and Higher-Order Tensors
Authors: Mikulincer Dan
Published: November 2020

We study the a central limit theorem for sums of independent tensor powers, $\frac{1}{\sqrt{d}}\sum \limits _{i=1}^d X_i^{\otimes p}$. We focus on the high-dimensional regime where $X_i \in{\mathbb{R}}^n$ and $n$ may scale with $d$. Our main result is a proposed threshold for convergence. Specifically, we show that, under some regularity assumption, if $n^{2p-1}\ll d$, then the normalized sum converges to a Gaussian. The results apply, among others, to symmetric uniform log-concave measures and to product measures. This generalizes several results found in the literature. Our main technique is a novel application of optimal transport to Stein’s method, which accounts for the low-dimensional structure, which is inherent in $X_i^{\otimes p}$.
Validation of the One Broth One Plate for Salmonella Method for Detection of Salmonella Spp. in Select Food and Environmental Samples: AOAC Performance Tested MethodSM 102002
Authors: Alles Susan , Roman Brooke , Le Quynh-Nhi , Kurteu Magdalena , Elmerhebi Ezzeddine , Potter Christopher , Mozola Mark , Thompson Wesley , Bastin Benjamin , Donofrio Robert
Published: November 2020

Background

One Broth One Plate for Salmonella (OBOP Salmonella) is a rapid and simple method for detection of Salmonella spp. in food and environmental samples using traditional culture methodology. The method utilizes single-step enrichment followed by plating to a selective/differential, chromogenic agar.

Objective

The purpose of the validation study was to measure the effectiveness of the OBOP Salmonella method in comparison to reference culture procedures.

Method

Performance of the OBOP Salmonella method was compared to that of the U.S. Food and Drug Administration Bacteriological Analytical Manual Chapter 5 reference method for queso fresco, smoked salmon, cantaloupe, chocolate, black pepper, chili powder, dry pet food, and sponge samples from a stainless steel surface, or to that of the U.S. Department of Agriculture Microbiology Laboratory Guidebook Chapter 4.10 method for raw ground turkey, chicken carcass rinse, and pasteurized liquid egg. Inclusivity/exclusivity, robustness, and stability/lot-to-lot consistency testing was also performed.

Results

In the matrix study, there were no statistically significant differences in performance between the OBOP Salmonella and reference methods, as determined by probability of detection analysis (P < 0.05), for any of the matrixes examined. All 104 Salmonella spp. strains produced positive results in inclusivity testing, and all 33 non-salmonellae exclusivity strains tested negative with the OBOP Salmonella method.

Conclusions

Results of the validation study show that the OBOP Salmonella method is a reliable procedure for detection of Salmonella spp. in select matrixes. The method is simple to perform, requires no specialized equipment, and produces results in as little as 37 h.

Highlights

The OBOP Salmonella method was awarded AOAC PTMSM (#102002) for detection of Salmonella in queso fresco, smoked salmon, cantaloupe, chocolate, black pepper, chili powder, dry pet food, sponge samples on a stainless steel surface, raw ground turkey, chicken carcass rinse, and pasteurized liquid egg. The method is also approved by MicroVal® for a broad range of foods under certification number 2019LR88.
The incompletely fulfilled promise of embryo transfer in cattle—why aren’t pregnancy rates greater and what can we do about it?
Authors: Hansen Peter J
Published: November 2020

Typically, bovine embryos are transferred into recipient females about day 7 after estrus or anticipated ovulation, when the embryo has reached the blastocyst stage of development. All the biological and technical causes for failure of a female to produce a blastocyst 7 d after natural or artificial insemination (AI) are avoided when a blastocyst-stage embryo is transferred into the female. It is reasonable to expect, therefore, that pregnancy success would be higher for embryo transfer (ET) recipients than for inseminated females. This expectation is not usually met unless the recipient is exposed to heat stress or is classified as a repeat-breeder female. Rather, pregnancy success is generally similar for ET and AI. The implication is that either one or more of the technical aspects of ET have not yet been optimized or that underlying female fertility that causes an embryo to die before day 7 also causes it to die later in pregnancy. Improvements in pregnancy success after ET will depend upon making a better embryo, improving uterine receptivity, and forging new tools for production and transfer of embryos. Key to accelerating progress in improving pregnancy rates will be the identification of phenotypes or phenomes that allow the prediction of embryo competence for survival and maternal capacity to support embryonic development.
Survival and prognostic association in stage IV colorectal cancer patients treated with chemotherapy in Bangladesh
Authors: Shuayb Md , Mehedi Hasan Md , Hoque Md Rashedul , Mushtaq Hussain Qazi , Begum Rabeya , Reza Md Salim
Published: November 2020

Objective

Prognostic factors in colorectal cancer have lesser been evaluated in developing countries. This study aims to determine overall survival and prognostic factors for metastatic colorectal cancer patients who were non-operable and received chemotherapy.

Methods

The study retrospectively investigated 67 inoperable metastatic colorectal cancer patients at Square Hospital, Bangladesh. The primary endpoint was overall survival, and the secondary endpoints were prognostic association with factors. Survival probabilities were calculated by non-parametric Kaplan–Meier method and compared by log-rank test. Univariate and multivariable Cox proportional hazard models were implemented to assess the prognostic association.

Results

Median survival of the entire cohort was 14 months (95% confidence interval: 11–25). In multivariable analysis, two prognostic factors were independently associated with survival: Karnofsky performance status and carcinoembryonic antigen. Patients with Karnofsky performance status <70 had significant higher risk of death than those with Karnofsky performance status ≥70 (adjusted hazard ratio 4.25, 95% confidence interval: 2.15–8.39). Higher risk of death was found to be associated with higher carcinoembryonic antigen: adjusted hazard ratio was 1.72 (95% confidence interval: 0.81–3.68) and 2.96 (95% confidence interval: 1.25–7.01) for patients with carcinoembryonic antigen 10–100 and >100 ng/ml, respectively, while comparing with carcinoembryonic antigen <10 ng/ml. The presence of peritoneal metastasis and grade-III tumour significantly worsened the survival in univariate analysis (hazard ratio 2.46, 95% confidence interval: 1.32–4.57 and hazard ratio 1.74, 95% confidence interval: 1.01–3.03, respectively) but not in multivariable analysis (adjusted hazard ratio 1.92, 95% confidence interval: 0.88–4.18 and adjusted hazard ratio 1.25, 95% confidence interval: 0.66–2.36, respectively).

Conclusion

The study reported survival of stage IV colorectal cancer patients undergo chemotherapy and identified that Karnofsky performance status and carcinoembryonic antigen are the poor prognostic factors to this cohort adjusting for other factors.
Do Youth Want Psychosocial Screenings in Diabetes Clinic? Profiles of Acceptability
Authors: Wong Jessie J , Hanes Sarah , Iturralde Esti , Lanning Monica S , Naranjo Diana , Tanenbaum Molly , Hood Korey K
Published: November 2020

Aims 

Psychosocial screenings are recommended and increasingly common in pediatric subspecialty clinics, though little is known about their acceptability. This study seeks to uncover profiles of acceptability and assess demographic and clinical correlates among adolescents with diabetes.

Methods 

A sample of 124 adolescents (57.7% female) ages 12–21 years (M = 16.2 ± 2.3) completed screenings during routine diabetes appointments. K-means clustering of responses to acceptability items derived profiles; Analysis of Variance (ANOVA) and Chi-square tests assessed correlates.

Results 

Adolescents with the most common profile (72.6%) placed high importance on medical providers’ awareness of their emotions and reported no difficulties/discomfort with the screener. These youth had moderate depressive symptoms, low diabetes distress, and low A1c. Those who fit a less common profile (18.5%) were uncomfortable with the screener and had the highest depressive symptoms and lowest A1c. Youth who fit a smaller profile (6.5%) endorsed technical difficulties and had high depressive symptoms and lowest diabetes distress. The smallest profile (2.4%, N = 3) had difficulty understanding and experienced discomfort with the screening and had the lowest depressive symptoms and the highest diabetes distress and A1c. These differences in depressive symptoms (F = 3.54, p = .017), A1c values (F = 4.03, p = .009), and diabetes distress (F = 3.27, p = .036) were significant though differences in age, gender, and diabetes duration were not.

Conclusions 

Most youth responded favorably to in-clinic psychosocial screenings. Youth who were less satisfied were at increased risk for psychosocial and medical complications. Findings highlight areas of need, such as enhanced support with and an emphasized rationale for screenings, which may improve patient experience in subspecialty care.
International Exhaustion of Rights
Authors: Correa Carlos Maria
Published: November 2020

This chapter focuses on the issue of exhaustion of rights. Article 6 disclaims any intent in the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement to limit the Members’ freedom to regulate the issue of exhaustion of rights with regard to all types of intellectual property rights (IPRs). It declares the admissibility of the international exhaustion of rights, that is, the possibility of legally importing into a country a product protected by intellectual property rights, after the product has been legitimately put on the market in a foreign market. These imports—made by a party without the authorization of the title-holder but equally legal—are generally known as ‘parallel imports’. Moreover, Article 6 of the TRIPS Agreement has left Member countries freedom to incorporate the principle of exhaustion of rights into their domestic law with a national, regional, or international reach. The issue as such cannot be the subject matter of a dispute settlement under the Agreement.
Copyright and Related Rights
Authors: Correa Carlos Maria
Published: November 2020

This chapter assesses Section 1 of the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement, which deals with ‘copyright and related rights’. It contains six Articles that supplement the Berne Convention. The premise for copyright—or authors’ rights—protection is that creation and cultural activities are stimulated by the granting of exclusive rights. In the absence of such rights, it is argued, the production and distribution on new works for the public would be jeopardized. As in the case of patents, several theories have been proposed to justify copyright protection, namely, natural law, a just reward for labor, the stimulation of creativity, and the social usefulness of copyright. It is necessary to bear in mind, however, that a large portion of creative works are developed without pursuing any protection against copying. The ‘open source’ model for software development is just an example of alternative paths to encourage creativity and innovation.
Layout-Designs (topographies) of Integrated Circuits
Authors: Correa Carlos Maria
Published: November 2020

This chapter demonstrates how World Trade Organization (WTO) Members are bound to accord the treatment provided for in the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement to the natural or legal persons that meet the criteria of eligibility for protection provided for under the 1989 Washington Treaty on Intellectual Property in Respect of Integrated Circuits, subject to the exceptions to the national treatment principle provided for therein (Article 3.1 of the TRIPS Agreement). Section 6, Part II, of the TRIPS Agreement essentially obliges Members to comply with the Washington Treaty. This obligation applies irrespective of the fact that the Treaty never entered into force. The protection of integrated circuits is the newest chapter in the intellectual property field. The first country to introduce a sui generis regime with that purpose was the US in 1984, followed by Japan in May 1985. With Section 6 of the TRIPS Agreement, the US and Japan obtained what they were unable to reach with the negotiation of the Washington Treaty. The Agreement gave them an opportunity to correct what they deemed weaknesses of the Washington Treaty, notably, the provisions relating to compulsory licenses, importation of products containing infringing semiconductors, and innocent infringement.
Acquisition and Maintenance of Intellectual Property Rights, Dispute Prevention and Settlement, Transitional and Institutional Arrangements, and Final Provisions
Authors: Correa Carlos Maria
Published: November 2020

This concluding chapter looks at the acquisition and maintenance of intellectual property rights (IPRs), dispute prevention and settlement, transitional and institutional arrangements, and final provisions in the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement. Different aspects relating to the procedures for the acquisition and maintenance of intellectual property rights are regulated in Article 62 of the TRIPS Agreement. Its main purpose is to ensure that the application of national legislation on this matter does not unjustifiably impair the access to and exercise of such rights. Meanwhile, Articles 63 and 64 contain rules aimed at preventing and settling disputes concerning the implementation of the TRIPS Agreement. Prevention of disputes is basically sought under the TRIPS Agreement through the rules on ‘transparency’ contained in Article 63. All WTO Members could avail themselves of one year after the date of entry into force of the WTO Agreement to comply with the obligations relating to intellectual property protection. The reason for this is quite obvious: most or all Members, including developed country Members, needed to introduce changes into their legislation in order to comply with the standards set out by the TRIPS Agreement, especially with those contained in Part II. A Council to specifically deal with TRIPS matters is established by Article 68.
Comments of the Brazilian Arbitration Law
Authors: Sester Peter
Published: November 2020

This chapter examines the Brazilian Arbitration Law (BAL) of 1996. The BAL is a standalone act encompassing roughly 40 articles. It is divided into eight chapters and is applicable to both domestic and international arbitration, except for Chapter VI (The Recognition and Enforcement of Foreign Awards), which is modelled on the New York Convention (NYC). Hence, the BAL legislator adopted a monistic approach. Consequently, the BAL contains no definition of domestic or international arbitration, but only defines the term foreign award. According to article 34, sole paragraph BAL, an award is considered a foreign award if it was rendered outside the territory of Brazil. The present translation of the BAL builds on the terminology of the UNCITRAL Model Law on Commercial Arbitration and the NYC because both documents inspired the authors of the BAL and are cornerstones of international arbitration. This chapter of the book then provides comments on the BAL article by article.
Consolidation of Arbitration by the Brazilian Courts: STF and STJ
Authors: Cueva Ministro Ricardo Villas Bôas
Published: November 2020

This chapter traces the evolution of case law regarding arbitration in Brazil. Before the enactment of the Brazilian Arbitration Law (BAL), arbitration was not taken seriously in Brazil because the applicable norms of the Civil Code and of the Civil Procedure Code created mounting obstacles, which prevented commercial arbitration from flourishing. The new statute of 1996 changed this completely and introduced an arbitration friendly legal framework. In 2001, the Federal Supreme Court (STF) upheld the constitutionality of the BAL. From then on, the Superior Tribunal of Justice (STJ), the court of third instance, has played a key role in defining clear and predictable rules about arbitration. The success of arbitration in Brazil has had a significant impact on the reform of the Civil Procedure Code, which was enacted in 2015. The new Code embraced arbitration as central part of a new public policy directed to the promotion of alternative means of dispute resolution and the fostering of a multi-door courtroom system. The increasing relevance of arbitration for the resolution of business disputes in Brazil might also explain the adoption of a system of mandatory pre-trial hearing purported to stimulate the parties to use mediation and/or conciliation to solve their conflict.
Settlement Agreements and the Role of the Arbitral Tribunal
Authors: Coelho Eleonora , Leite Fabiana de Cerqueira
Published: November 2020

This chapter focuses on settlement agreements and the role of the arbitral tribunal. During the course of an arbitral proceeding, the parties may reach a settlement and, in this case, it is not the arbitrators who render a decision terminating the conflict, but the parties themselves resolve it. Although the parties have clear protagonism in creating a consensual solution, this does not mean that the arbitrators have no role in facilitating settlement. In fact, many national arbitration laws and soft law instruments interpret the arbitrators' mandate as to encompass some degree of involvement in settlement efforts — and Brazil is no exception. The Brazilian Arbitration Law (BAL) contains express provision in its article 21, requesting arbitrators to attempt to reconcile the parties. Also, arbitrators may render a consent award if the parties reach a settlement agreement. However, the wording of the legal provisions of the BAL does not clarify the extent of the arbitrators' role both in the attempt of conciliation of the parties and in the review of the settlement when to render an award by consent. The chapter then examines whether it is mandatory for arbitrators to attempt to reconcile the parties and whether there are limits to what settlement techniques can be applied by arbitrators. It also differentiates between a consent award and a termination order.
Characteristics of Brazilian Arbitration Practice
Authors: Bernini Marcela Tarré
Published: November 2020

This chapter assesses the characteristics of Brazilian arbitration practice. As it is common to say, the quality of the arbitration proceedings relies primarily on the quality of the arbitrator. In this regard, article 13 BAL—in line with the main leading institutional rules—provides that ‘any individual with legal capacity, who is trusted by the parties, may serve as arbitrator’, granting the parties broad autonomy to select the arbitrators, as long as the elected candidate has the necessary legal skills and the parties' trust, regardless of their nationality, prior competence/specified expertise, or presence in certain pre-existing lists. The general rules for Brazilian arbitrators' appropriate conduct can also be found in article 13 BAL, which establishes that ‘in performing his duty, the arbitrator shall proceed with impartiality, independence, competence, diligence and discretion’. The chapter then considers how Brazilian courts have been playing an important role over the last 20 years by applying the Brazilian Arbitration Law (BAL) and refraining from deciding on the merits of cases in which the parties have opted for arbitration as their dispute resolution mechanism. As a result of this movement, a vast number of sophisticated contracts executed in the country have set forth arbitration as the chosen mechanism for dispute resolutions.
Arbitration in the Portuguese-speaking World
Authors: Gouveia Mariana Franca , Dall‘Agnol Ana Carolina
Published: November 2020

This chapter discusses arbitration in the Portuguese-speaking jurisdictions, except Brazil. Although they can be brought under the umbrella of a common language, Portuguese-speaking jurisdictions are a heterogeneous and diverse group of countries. Indeed, Portuguese-speaking jurisdictions are placed in diverse geographic settings and have seen very different historical developments. By the same token, practice and experience in arbitration in Portuguese-speaking jurisdictions varies drastically. While in some of these countries arbitration is still in its infancy, some have brought their domestic legislation up to date but are yet to thoroughly test it, and others have consolidated arbitration practices. However, this is not to say that Portuguese-speaking jurisdictions do not share common characteristics. Due to legal transplants that took place in the 20th century, the laws of Portuguese-speaking countries—with the exception of the laws of Brazil—are substantially inspired by pre-independence Portuguese law. In this context, the common cultural ties cultivated throughout the years have the potential to facilitate knowledge exchange and to encourage foreign investment. In some contexts, acquaintance with the Portuguese legal framework might be useful when navigating the legal and regulatory frameworks of Portuguese-speaking jurisdictions. Although the arbitration figures of Portugal, Portuguese-speaking African countries, Macao, and Timor-Leste are not as impressive as those involving Brazilian parties, arbitration in Portuguese-speaking jurisdictions is flourishing.
Agreements between Shareholders and General Corporate Matters
Authors: Eizirik Nelson
Published: November 2020

This chapter focuses on the use of arbitration to settle corporate disputes in Brazil. This dispute resolution method is faster, informal, and more technical than court decisions. In addition, dispute resolution through arbitration has four important advantages when compared to court decisions: the proceedings adjust to the matter under discussion; it is less litigious, which means that parties if the dispute (e.g., shareholder or partners of the same entity) may continue to maintain their business relationship while they are waiting for the arbitration award; and the arbitrators appointed to resolve the dispute are usually specialized in corporate matters. Unlike other countries, these advantages have been leading even Brazilian public corporations to solve their corporate conflicts through arbitration. According to recent research, corporate matters lead the number of arbitration proceedings in some of the Brazilian Arbitration Chambers. The chapter then examines objective arbitration eligibility and subjective arbitration eligibility in corporate arbitration in Brazil.
Commercial Contracts
Authors: Fichtner José Antonio , Monteiro André Luís , Levy Marcela
Published: November 2020

This chapter highlights arbitration involving commercial contracts in Brazil. Commercial contracts are contracts signed between two entrepreneurs who are running commercial enterprises. Classic examples of commercial contracts are construction contracts, insurance contracts, shipping contracts, loan agreements between companies and banks, franchise agreements, software license agreements, and contracts for international sales of goods. Brazilian courts understand that, in general, there is no room for judicial intervention in commercial contracts, which gives the parties broad autonomy to negotiate their contractual provisions. The chapter then issues related to arbitration clauses included in commercial contracts: formal requirements, choice of law, and arbitrability. It also considers specific substantial aspects of commercial contracts: the impact of good faith on the performance of the contracts; the validity of limitation of liability clauses; the validity of liquidated damages clauses; and remedies for breach of contracts.
Construction Contracts Involving the Public Administration
Authors: Silveira Gustavo Scheffer da , Marolla Eugenia Cristina Cleto
Published: November 2020

This chapter explores arbitration concerning construction contracts involving the public administration in Brazil. Contractual risk allocation is a crucial part of the economy of the contract and should be respected by arbitral tribunals while deciding such disputes. In practice, and especially in contracts involving public entities, it is the owner of the (future) facility who defines the draft contract used in the bidding process and, therefore, has the first say on the allocation of risks. In preparing the contract for the public tender, the public authority, as the owner, may feel tempted to allocate the vast majority of the risks to the private party, i.e., the contractor. However, the owner should avoid the pure and simple transfer of all risks to contractors for two main reasons. Firstly, it may preclude parties from submitting bids, limiting the competition between the market players. Secondly, the bidders will take into consideration the heavy allocation of risk on them when submitting their price offers, which will significantly increase the price of the project and sometimes even affect its viability. The chapter then considers the FIDIC (International Federation of Consulting Engineers) Red Book and Brazilian Law 8,666/1993 on construction works for the public sector.
Insolvency and Arbitration
Authors: Guimaraes Marcio Souza
Published: November 2020

This chapter addresses the main issues regarding the possibilities of using arbitration in dispute resolution under the Brazilian Bankruptcy Law (BBL). Such possibilities include an insolvent company agreeing to an arbitration clause and the viability of submitting insolvency-related disputes to an arbitral tribunal. The Brazilian insolvency system is regulated by the BBL. In essence, this provides for two kinds of proceedings: judicial restructuring and liquidation. Judicial restructuring proceedings give debtors the opportunity to present a reorganizational plan to their creditors. Debtors will attempt to convince creditors not only of their ability to overcome the temporary economic and financial crisis, but also of their business' feasibility. In some circumstances, the economic and financial distress is so extreme that no means exist to reverse the situation, in which case it is preferable to definitively interrupt the debtor's activities, forcibly eliminating the enterprise from the market and liquidating its assets, in order to pay creditors and prevent the damages inflicted on the community from aggravation by breaching credit reliability. Brazilian liquidation proceeding may be initiated by debtors (voluntary petition) or creditors (involuntary petition).
Electric Energy Arbitration
Authors: Grion Renato Stephan
Published: November 2020

This concluding chapter examines electric energy arbitration in Brazil. An appropriately developed electric sector is a key element for any country's economic and social growth. It requires an adequate volume of investment, either domestic or foreign, in order to meet the regularly increasing needs of all stakeholders involved in such market, including the population. Brazil's electricity sector is the largest in South America and plays an important role in the country's economy. Moreover, Brazil has its own and well-functioning electricity generation system. To keep up with the development and needs of such a system, the Brazilian legal and regulatory framework has undergone through important changes over the past 25 years or so. A well-established and complex set of rules and regulations is now in place; in this context, arbitration has been steadily introduced as an alternative method to resolve the disputes arising in that sector. The chapter then provides an overview of the electric energy market in Brazil, with some historical milestones and details on the steps taken for its modernization, as well as its current structure. It also analyses how arbitration has now become an important part of this complex system, in which a variety of actors operate at different levels.
4 The Court and Domestic and International Legal Systems
Authors: Angelika Nussberger
Published: November 2020

This chapter assesses the relationship between the European Court of Human Rights (ECtHR) and domestic and international legal systems. With the ratification of the European Convention on Human Rights (ECHR), the Member States accept to be bound by final judgments of the Court and to implement them in their domestic legal systems. The Convention system does not make any difference as to the set-up of the national legal system or to the hierarchical position accorded to the Convention in national law. This is in line with a purist international law perspective, summarized in Article 27 of the Vienna Convention of the Law on Treaties: ‘A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.’ However, from the constitutional law perspective of the Member States, the situation is much more multi-faceted and complex. While it is generally accepted that the Court's judgments are binding and have to be implemented, the relationship between the Convention and the national constitutions as well as between their respective guardians, the Court on the one hand and national constitutional or supreme courts on the other hand, is not seen as one-way and hierarchical, but nuanced and differentiated. Implementation of judgments is accepted to be a duty, but not necessarily without exceptions. The chapter then considers the relationship between the ECtHR and the European Court of Justice (ECJ).
5 Judgments and Efficacy
Authors: Angelika Nussberger
Published: November 2020

This chapter evaluates the efficacy of the European Court of Human Rights (ECtHR). On the one hand, the European Convention on Human Rights (ECHR) system has had an amazing success in building up a constitutional order in Europe defining common values. Significant changes in the laws of all Member States were made; individual human rights violations were effectively remedied. On the other hand, Europe is far from being a human rights paradise. Even an average observer of daily news cannot avoid having the impression that in some States even the most basic human rights are not effectively guaranteed and that some so-called ‘democracies’ hide their disdain for individual rights behind lip services and promises to abide by the Convention, but in reality use membership in the Council of Europe only as a tool in foreign relations. The chapter then identifies the roles played by the Committee of Ministers, NGOs, and the Court in executing judgments on human rights violations. Article 46 para 1 ECHR obliges the parties to abide by the final judgment of the Court in any case to which they are parties. In line with the general rules of State responsibility, the Court interprets the obligations arising out of Convention violations as threefold: ‘to cease the breach, to make reparation for it and ensure non-repetition of similar violations in the future’.