bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Concept of a Meeting and Quorum
Authors: Kosmin Leslie , Roberts Catherine 
Published: March 2021

Abstract
The need to hold a meeting will arise in many different and diverse situations. All meetings are subject to procedural rules and regulations of the particular institution that has convened the meeting. The reason why there are rules and regulations is so that the participants at a duly convened meeting can transact business in a lawful manner and so that they will be able to debate and discuss issues in an orderly fashion. This book is concerned with the meetings of solvent companies that are registered and incorporated under the statutory provisions regulating companies. The reason for the requirement for meetings under the Companies Act 2006 (CA 2006) is so that the members can attend either in person or by proxy in order to debate and vote on matters affecting the affairs of a company. There are a number of procedures, some that are derived from the common law and others that are the creation of statute, that have to be observed in order for a meeting of a company to transact business in a lawful and regular manner.
Circulars to Members and Members’ Statements
Authors: Kosmin Leslie , Roberts Catherine 
Published: March 2021

Abstract
Very often when a meeting of members of a company is convened the notice of the meeting will be accompanied by a circular that is addressed to all of the members. Such a circular for distribution to members will be prepared by the board of directors, usually in consultation with relevant appropriate professional advisers. The purpose of sending a circular to members is to appraise them of the reason for, and purpose of, the resolutions that are proposed to be considered at the forth-coming general meeting, and to provide pertinent information to shareholders in order to enable them to take an informed decision as to whether or not to attend the meeting and as to how they will cast their votes. A board of directors must ensure that a circular to members contains an accurate summary of all of the relevant information relating to the proposals upon which the members have been asked to vote at the forthcoming general meeting. In the context of a public listed company, it is to be noted that the Listing Rules of the Financial Conduct Authority require that when the holders of listed equity shares are sent a notice of meeting which includes any
The Role of the Chairman
Authors: Kosmin Leslie , Roberts Catherine 
Published: March 2021

Abstract
For there to be an effective general meeting of members of a company someone has to perform the role of chairman and be appointed to that position. The appointment of a chairman is an indispensable part of any meeting. In the absence of a person exercising procedural control over the affairs of the general meeting it may be unable to proceed to transact business in an orderly manner. At a shareholders’ meeting that person is often the chairman of the board of directors of the particular company but this is not always the case. The chairman is the person who conducts the meeting and leads it through the business on the agenda which is to be transacted. A vast array of skills are required in order to discharge this important role in an efficient and effective manner. In carrying out this task the chairman must have regard not only to the interests and concerns of the majority present but also the rights of the minorities.
Resolutions and Amendments
Authors: Kosmin Leslie , Roberts Catherine 
Published: March 2021

Abstract
This chapter considers the different types of resolutions that may be considered either at a company meeting or, in the case of a private company, by written resolution. Shareholders make their decisions by the passing of resolutions. Such resolutions take various forms, the type of which depends upon the size of the required majority for the resolution to be treated as effective. The form and content of company resolutions is now determined by the provisions of CA 2006. Each of these new statutory requirements will be considered in this chapter. In addition, this chapter examines the procedures that must be followed if it is desired to amend a draft resolution before it is voted upon at a general meeting. As will be seen, for special resolutions the possibilities for amendment are much restricted.
Informal Decisions and the Duomatic Principle
Authors: Kosmin Leslie , Roberts Catherine 
Published: March 2021

Abstract
For more than 100 years the courts in England and in the Commonwealth have recognized an alternative but legally effective method of decision-making by companies, namely decisions taken with the informal but unanimous assent of the shareholders. The principle has been derived from the recognition by the courts that in practice many companies, and in particular, small private companies, frequently fail to comply with or disregard the statutory requirements for formal meetings of shareholders in the conduct of their affairs. The principle, which has been designed to assist in the functioning of companies, is often known as the Duomatic principle having been restated in clear terms by Buckley J (as he then was) in Re Duomatic Ltd in 1969.
Minutes of Meetings of Directors
Authors: Kosmin Leslie , Roberts Catherine 
Published: March 2021

Abstract
The keeping of accurate records of meetings is a fundamental requirement for the efficient management of any institution. As has been discussed in Chapter 17, concerning minutes of shareholders’ meetings, it is important to note that minutes are not a verbatim transcript of the proceedings of a particular meeting, but an accurate record in summary form of what has been debated and decided. In general, minutes of directors’ meetings will record what has been resolved upon, but there may be occasions when the minutes of a board meeting need to record the reasons for a particular decision or the main points arising from a discussion. Where directors of a public listed company have concerns about the way in which that company is being managed or the operation of the board or about a course of action being proposed by the board, the UK Corporate Governance Code requires that directors should ensure that their concerns are recorded in the board minutes if they cannot be resolved. As a matter of practice, directors must appreciate that they may be called to account for their conduct and stewardship of the company’s affairs at any stage, and especially if the company becomes insolvent or
India (‘.in’)
Authors: Anand Pravin 
Published: March 2021

Abstract
The Trade Marks Act 1999 came into force on 15 September 2003. Complying with most of the requirements of the Trade-Related Aspects of the Intellectual Property Rights (TRIPS) Agreement, the new Act eliminates many of the difficulties faced by trademark owners and practitioners under the earlier Trade and Merchandise Marks Act (of 1958).
Israel (‘.il’)
Authors: Shankman Ellen B 
Published: March 2021

Abstract
In Israel, trademarks are governed by both legislation and by common law. Rights are created by the first to file or use within the jurisdiction. Registration is not mandatory to establish rights in a trademark, and there are no compulsory registration provisions. However, there are substantial benefits to seeking trademark registration in Israel. The Israel Trade Marks Ordinance (New Version) 5732-1972 (Trademarks Ordinance) governs the rules under which trademarks are registered. Proof of use is not required to obtain registration in Israel, although there are provisions for cancellation of trademarks for non-use.
Russian Federation (‘.ru’ and ‘.рф’)
Authors: Kobiako von Gamm Iouri , Gulyaeva Natalia 
Published: March 2021

Abstract
To date, the Russian legislature has not adopted any specific statutory provisions on domain law, and therefore conflicts arising from domain names containing third-party trademarks are governed by international treaties and Russian civil and competition law regulations. The existing substantive provisions of both intellectual property (IP) and procedural law offer protection to the holders of Russian and foreign IP rights, and thus there is currently no perceived immediate need for new legislation.
Company Voluntary Arrangements Compared with Schemes
Authors: O’Dea Geoff , Long Julian , Smyth Alexandra 
Published: March 2021

Abstract
Company Voluntary Arrangements (CVAs) were introduced following the publication of the Cork Report, and consideration of its recommendations after complaints were made about the scheme process, particularly in respect of the need to obtain approval from each class under a scheme and the difficulties associated with determining them. A CVA is an insolvency proceeding under Part I of the Insolvency Act 1986 (although most of the content of the law is set out in the Insolvency Rules 1986 (the ‘IR’)) and it is listed as an insolvency proceeding for the purposes of Article 2(a) (and Annex A) of the Insolvency Regulation.
National Report for the Czech Republic
Authors: Richter Tomáš 
Published: March 2021

Abstract
If there is one area in the new Czech insolvency law that truly does not work well, it must be the rules on the treatment of contracts. Accordingly, this national report might be used as a warning against the kind of problems and inefficiencies that an ill-conceived set of rules on an important sub-topic may create, even within an otherwise reasonably progressive insolvency code.
National Report for the Republic of Korea (South Korea)
Authors: Oh Soogeun , Song Heejong 
Published: March 2021

Abstract
The treatment of executory contracts in rehabilitation proceedings is governed under articles 119 to 124 of the Debtors Rehabilitation and Bankruptcy Act (the DRBA). With respect to bankruptcy proceedings articles 335 to 342 of the DRBA apply. In both rehabilitation proceedings and bankruptcy proceedings, the DRBA vests the receiver or the bankruptcy trustee with the power to assume or reject executory contracts. An executory contract is described as ‘a bilateral contract that has not been fully performed by both the debtor and the counterparty at the commencement of the insolvency proceeding’, and the law provides only for the situation where both parties are required to fulfil their obligations. If the contract is fully performed by the debtor, general insolvency rules apply whereby the receiver or bankruptcy trustee can demand performance or damages from the counterparty in default.
The Liability in Negligence of Persons Other than Producers
Authors: Fairgrieve Duncan , Goldberg Richard 
Published: March 2021

Abstract
Although this book is concerned primarily with the contractual liability of sellers of goods and with the liability in tort of manufacturers, we include here reference to other persons who may incur liability for defective products. The contractual liability of persons other than sellers has already been noted. Persons other than manufacturers who may incur liability in tort include retailers and persons who hire out or provide services involving the use of a product; donors and gratuitous bailors; wholesalers and importers; those who repair, service, recondition, assemble, install, or carry out work on a product; and probably also such persons or bodies as inspectors, engineers, testing agencies, and endorsers or certifiers of safety or quality. Finally, reference is made to the position of building contractors and builder-vendors. The discussion generally assumes that the claimant is suing in respect of personal injury or perhaps property damage, rather than economic loss simpliciter.
Civil Sanctions and Proceedings
Authors: Annette Kur , Senftleben Martin 
Published: March 2021

Abstract
Trade mark conflicts as well as matters pertaining to validity and registration of marks can be dealt with in opposition or cancellation proceedings before the registration authorities and in subsequent appeals. The rules governing those proceedings were presented in Chapters 10 and 11. This chapter deals with civil law litigation conducted before the ordinary courts, while briefly also addressing the relationship of administrative procedures with the system of civil court litigation (section 13.1.2) and the coordination of administrative and civil proceedings in the European Union Trade Mark (EUTM) framework (section 13.2.3.2).
Criminal Sanctions
Authors: Annette Kur , Senftleben Martin 
Published: March 2021

Abstract
In addition to civil law, trade mark infringements—like intellectual property infringements in general—are regularly subject to penal sanctions imposed in criminal procedures. The legal instruments available in such procedures are typically stronger than those available under civil law. Thus, the police and/or the public prosecutor usually have greater powers regarding inspection and seizure of infringing materials and documents; second, the financial sanctions imposed are not limited by the amount of actual damage suffered or even by the gains made. In appropriate cases they can go beyond those sums and thus become a real punishment. The deterring effect is even stronger in cases of personal imprisonment of the infringer, or regarding other sanctions like confiscation of business equipment or closing down of the infringer’s business.
Obtaining a Granted Patent
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter discusses the procedure for filing a patent application at the European Patent Office (EPO). EPO procedure is governed by certain basic principles. No decisions may be made unless the parties have had the opportunity to comment and oral proceedings must be held if at least one party so requests. In the absence of specific provisions, the EPO shall take into account the principles of procedural law generally recognized in the contracting state. When the applicant is faced with a possible loss of rights, for example as result of an adverse decision by the EPO, he (almost) always has the possibility to recover his position. An adverse decision may also be appealed, and if the applicant has failed to act in time, options to recover include: extensions and grace periods, where provided; further processing under the European Patent Convention (EPC); restoration of rights; and requesting an appealable decision.
Pharmaceutical Inventions
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter considers the law governing the patentability of pharmaceutical inventions, including new chemical entities, pharmaceutical compositions, and dosage regimes. Provisions in the UK Patents Act 1977 and the European Patent Convention (EPC) exclude from patentability ‘methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body’, although this does not prevent a substance or composition from being patentable for use in any of these methods. Under the EPC, such methods were excluded by being defined as not industrially applicable; the new approach introduced by EPC 2000 is more logical and also clarifies the patentability of further medical uses. Novel compounds that have a pharmaceutical utility are patentable per se in all countries that have implemented the TRIPs Agreement.
The Patent Practitioner and His Functions
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter focuses on patent practitioners and their functions. Patent practitioners are persons whose profession is to draft and prosecute patent applications, and to advise generally about patent matters. They may be employed by companies or be in private practice, and they may, in different countries, have different types of qualification. Basically, however, their job is to help inventors obtain valid patents for their inventions. In order to do this, patent practitioners must have both scientific and legal training, so that they can understand both the technical background of the invention, and the patent law and practice of at least their own country. The chapter discusses the patent profession in the UK, US, and other countries; training and certification for European patent attorneys, patent practitioners in private and industrial practice, and the job of the patent practitioner.
Inventorship, Ownership, and Compensation
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter considers the law governing inventorship, ownership, and compensation. It first discusses inventorship in the UK, the US, and the European Patent Office. It then looks at the issue of ownership of the rights in an invention, covering common law provisions, contracts of employment, statute law in the UK, statute law in Germany, and academic inventions. This is followed by a discussion of compensation for employee-inventors in the UK, Germany, and other countries. The remainder of the chapter explains the right to apply for a patent and to be granted a patent, co-ownership of patents, disputes over the correct ownership of an invention, and the recordal and transfer of ownership.
Education
Authors: Fairgrieve Duncan , Squires QC Dan 
Published: March 2021

Abstract
It has long been established that schools owe a duty to look after the physical health and safety of their pupils. The duty imposed on schools has since been extended to taking care of the ‘educational needs’ of pupils. This has led to the imposition of liability in cases of ‘educational negligence’. These cases have tended to involve a failure to diagnose and treat learning difficulties, though the courts have made clear that schools are under a general duty to ensure that reasonable care is taken in the provision of education. As Lord Browne-Wilkinson noted in X v Bedfordshire County Council, ‘the education of the pupil is the very purpose for which the child goes to the school’ and the school thus has a duty to ensure that the child’s educational needs are met, and not just that he or she is physically safe while at school.
The gut microbiome in subclinical atherosclerosis: a population-based multiphenotype analysis
Authors: Zhu Sibo , Xu Kelin , Jiang Yanfeng , Zhu Chengkai , Suo Chen , Cui Mei , Wang Yingzhe , Yuan Ziyu , Xue Jiangli , Wang Jiucun , Zhang Tiejun , Zhao Genming , Ye Weimin , Huang Tingting , Lu Ming , Tian Weizhong , Jin Li , Chen Xingdong 
Published: March 2021

AbstractObjectivesAn altered microbiota, which can be described quantitatively, has been identified as playing a pivotal role in host vascular physiology, and it may contribute to various diseases. The aim of this study was to better understand the role of the gut microbiota in vascular physiology in a subclinical elderly population, and to investigate how lifestyle affects the composition of host gut microbiota to further impact the pathogenesis of vascular diseases.MethodsWe performed a population-based faecal metagenomic study over 569 elderly asymptomatic subclinical individuals in rural China. An association network was built based on clinical measurements and detailed epidemiologic questionnaires, including blood chemistry, arterial stiffness, carotid ultrasonography, and metagenomic datasets.ResultsBy analyzing the breadth, depth and impact of each node of the association network, we found carotid arterial atherosclerosis indices, including intima-media thickness (IMT), were essential in the network, and were significantly associated with living habits, socio-economic status, and diet. Using mediation analysis, we found that higher frequency of eating fresh fruits and vegetables, and more exercise significantly reduced carotid atherosclerosis in terms of IMT, peak systolic velocity and end-diastolic velocity values through the mediation of Alistepes, Oligella and Prevotella. Gut microbes explained 16.5% of the mediation effect of lifestyle on the pathogenesis of carotid atherosclerosis. After adjustment, Faecalicatena [odds ratio (OR) = 0.12 ∼0.65] was shown to be protective against the formation of carotid atherosclerosis, independently, while Libanicoccus (OR = 1.46 ∼4.20 ) was associated with increased carotid arterial IMT. KEGG/KO Kyoto Encyclopedia of Genes and Genomes/ KEGG Orthology (KEGG/KO) analyses revealed a loss of anti-inflammation function in IMT subjects.ConclusionOur study revealed a Chinese population–wide phenotype–metagenomic association network and a mediation effect of gut microbiota on carotid artery atherosclerosis, hinting at potential therapeutic and preventive uses for microbiota in vascular diseases.
A behavioral economics perspective on the COVID-19 vaccine amid public mistrust
Authors: Saleska Jessica Londeree , Choi Kristen R 
Published: March 2021

Abstract
The COVID-19 vaccine development, testing, and approval processes have moved forward with unprecedented speed in 2020. Although several vaccine candidates have shown promising results in clinical trials, resulting in expedited approval for public use from the U.S. Food and Drug Administration, recent polls suggest that Americans strongly distrust the vaccine and its approval process. This mistrust stems from both the unusual speed of vaccine development and reports about side effects. This article applies insights from behavioral economics to consider how the general public may make decisions around whether or not to receive a future COVID-19 vaccine in a context of frequent side effects and preexisting mistrust.
Three common cognitive biases shown to influence human decision-making under a behavioral economics framework are considered: confirmation bias, negativity bias, and optimism bias. Applying a behavioral economics framework to COVID-19 vaccine decision-making can elucidate potential barriers to vaccine uptake and points of intervention for clinicians and public health professionals.
Whole-Genome Sequence of Diaporthe citri Isolate NFHF-8-4, the Causal Agent of Citrus Melanose
Authors: Liu Xiang-Yu , Chaisiri Chingchai , Lin Yang , Yin Wei-Xiao , Luo Chao-Xi 
Published: March 2021

Diaporthe species are the causal agents of melanose, stem-end rot, and gummosis diseases of citrus. D. citri is the predominant species on different citrus varieties. These diseases exceedingly reduce quality and marketability of fresh fruits. Melanose on fruits especially causes massive economic losses. The infection mechanisms of D. citri are still unclear and the genome sequence of D. citri has not been released. In order to systemically explore the interaction between citrus and D. citri, we sequenced the whole-genome of D. citri NFHF-8-4, which was isolated from a sample with melanose in Jiangxi Province. The NFHF-8-4 genome sequence will provide valuable information for studying the development process, infection process, and resistance to fungicides mechanisms in D. citri. [Formula: see text] Copyright © 2021 The Author(s). This is an open access article distributed under the CC BY-NC-ND 4.0 International license .