bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Types of Damage or Loss compensated
Authors: Fairgrieve Duncan , Goldberg Richard 
Published: March 2021

Abstract
There may be major difficulties in determining the types of damage or loss which will be compensated in product liability litigation and this is so whether the claim is based on the strict liability provisions of Pt 1 of the Consumer Protection Act 1987 or the general law of negligence. In some cases it will be clear that the 1987 Act is inapplicable and hence that the standard requirements of the law of negligence must be met or the existence of a contractual claim established. For example, the defendant may not be a person who is potentially subject to liability under s 2 of the Act or the damage may be of a type which the Act does not compensate. Alternatively, a claim under the Act may be barred by virtue of the expiry of a limitation period or, and this is increasingly less likely with the passage of time, because the relevant product was supplied before the Act came into force on 1 March 1988.
Rationales of Trade Mark Protection
Authors: Annette Kur , Senftleben Martin 
Published: March 2021

Abstract
Although trade mark law is generally regarded as forming part of the larger body of intellectual property, the protection mechanism underlying its functioning is distinct from other intellectual property rights. Patents, copyright, or design rights award creative or innovative achievements with a limited period of market exclusivity thus creating artificial scarcity of the respective commodities. This grants the proprietor of such rights the possibility to raise prices above the marginal costs so as to recoup the investments made. Whether and to what extent that strategy is successful and even allows gaining a premium is determined by the market. Trade mark law coincides with that scheme insofar as it also engages market forces to determine commercial gains or losses. However, instead of creating artificial exclusivity of the goods or services offered, it provides a communication channel for entrepreneurs, so as to identify the goods or services originating from their business, distinguish them from competing goods, and transport product-related messages they want to convey to their customers. This, by reflex, provides information to the market, guiding consumer choice towards goods satisfying their demands, and helping to avoid those they do not want, at minimal search costs (see paragraph 1.08 et seq.). Thus, instead of restricting competition on the production level, trade marks are designed as an enabling tool without which competition in today’s mass markets would not function at all.
Acquisition Of Rights
Authors: Annette Kur , Senftleben Martin 
Published: March 2021

Abstract
Under European trade mark law, protection is only acquired through registration (Article 6 EUTMR; Article 1 TMD). Whether the mark is actually used or not is of no relevance at this stage: neither is it a requirement for protection, nor does it grant a substantive right under the European Union Trade Mark Regulation (EUTMR) or the Trade Mark Directive (TMD). However, such protection may follow from national law. Member States are free to grant use-based trade mark protection within their jurisdiction, and in a number of them—Austria, Germany, Italy, the Nordic countries, and, in the form of passing off, the United Kingdom—such protection is available under terms that may differ from country to country. The specificities of the legal regime applying to such signs are independent from the provisions in the TMD.
Limitations, Defences, and Genuine Use
Authors: Annette Kur , Senftleben Martin 
Published: March 2021

Abstract
As with other intellectual property rights, the exclusive rights of the trade mark proprietor are limited in several respects. At the international level, Article 17 TRIPS offers room for the adoption of ‘limited exceptions’ in domestic legislation (see paragraphs 2.68–2.72). On this basis, Article 14 of the Trade Mark Directive (TMD) and Article 12 of the European Trade Mark Regulation (EUTMR) provide a tool for reconciling the interests of the trade mark owner with competing interests of other traders and the public at large. As explained by the Court of Justice of the European Union (CJEU), these provisions, by limiting the effects of the exclusive rights of the trade mark owner, seek ‘to reconcile the fundamental interests of trade mark protection with those of free movement of goods and freedom to provide services in the common market in such a way that trade mark rights are able to fulfil their essential role in the system of undistorted competition which the Treaty seeks to establish and maintain’.
Historical Developments
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter describes historical developments in patent systems and patent law. It highlights key developments in the UK from 1800–2014, in the US from 1790–2014, in other industrialized countries (Germany, France, the Netherlands, Switzerland, and Japan), and in developing countries. The final section discusses international developments such as the Paris Convention, the European Patent Convention, the Unitary Patent system in Europe, the Patent Cooperation Treaty, the TRIPs Agreement, the Convention on Biological Diversity, the Patent Law Treaty, the London Agreement, and the Substantive Patent Law Treaty. These developments, which have generally acted to strengthen patent protection, did not simply happen of their own accord; political, diplomatic, and industry lobbying activities have played a larger role than any objective analysis of the economic and social benefits of the patent system.
Filing a Patent Application
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter first addresses questions such as whether a patent application should be filed at all, and if so, when and where to file. As a general rule, if an invention appears patentable and may be of some commercial interest, a priority application should be filed. The applicant then has one year under the Paris Convention before significant amounts of time and money must be invested in filing in other countries. If the decision is made to file in other countries, or even to proceed to obtain a patent in the home country, the first filing gives a priority date that can be relied upon later. In other words, when in doubt, file an application. The remainder of the chapter discusses non-convention filings, European patent applications, international applications, registrations and patents of importation, and petty patents.
Drafting the Claims
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter explains the procedure for drafting patent claims. Claims define the scope of the subject matter for which protection is sought, and all countries that have patents require at least one. A competitor does not infringe and cannot be stopped unless he makes, sells, offers for sale, imports, or does something falling within the scope of at least one claim of the granted patent. Some countries still interpret claims more broadly than their literal wording, whereas others do not. Therefore, claims should be drafted to cover literally what should be protected, not relying upon a court to broaden protection on the applicant’s behalf. All claims fall into one of two broad categories: they claim either a product (i.e., something tangible, or a processs (i.e., a method of making, using, or testing something). The remainder of the chapter discusses the forms and scope of claims.
How to Catch the Infringer—and How Not to be Caught
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter considers the issue of patent infringement from the perspectives of both the patentee and the potential infringer. When the owner of a patent becomes aware of commercial activity by a competitor, he will naturally want to know if the patent can be used to stop these activities. The first and most important question is whether the competitor’s actions are tantamount to infringement. Finding an answer to this question means analysing the scope of the claims of the patent in the country in question, as there are considerable differences from country to country in the way in which claims are interpreted. Every company that puts a product on the market or uses a process is a potential infringer of one or more of thousands of patents presently in force, so a thorough search should be carried out for any patents that might be infringed.
Patents and Competition Law—United States
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter considers competition law in the US. Historically, the US has taken a stricter view than UK law of attempts to extend the patent monopoly beyond its legal scope, and has placed more restrictions on the freedom of a licensor. There are two main sources of US law in such matters: one is the common law doctrine of patent misuse; the other is the statute law—particularly the Sherman and Clayton antitrust Acts. The chapter discusses the following: the Sherman and Clayton antitrust Acts, patent misuse and antitrust, reverse payments, patent licence agreements, validity challenge by licensees, Justice Department guidelines, and collaboration between the US Justice Department and the European Commission.
The Nature of the Privacy Interest
Authors: Moreham N A 
Published: March 2021

Abstract
It has often been said that privacy is an elusive concept which defies precise definition. It has been used to protect interests as diverse as the right to the confidentiality of one’s correspondence to the right to access abortion services or to have one’s post-operative transgender identity recognized. Conceptions of what is private also differ from one individual to another—what one person will be happy to post on Facebook, another will regard as an intimate secret.
Health and Safety Regulators
Authors: Fairgrieve Duncan , Squires QC Dan 
Published: March 2021

Abstract
‘Health and safety regulators’ are public authorities whose primary purpose is to supervise the activities of third parties engaged in dangerous activities. Their aim is to provide protection from physical harm. This chapter examines the circumstances in which such regulators will be held liable in tort if their carelessness causes physical or economic losses to members of the public, or to those whose activities are the subject of the regulation. We consider other regulatory bodies, such as those concerned with planning and banking in Chapter 14, and we consider the potential liability of bodies concerned with providing information and warnings on health, but not with the direct regulation of potentially dangerous activities, in Chapter 18.
Physical Activity, Sedentary Behavior, and Skeletal Muscle Strength in Patients With Chronic Kidney Disease: An Isotemporal Substitution Approach
Authors: Yoshioka Masaki , Kosaki Keisei , Matsui Masahiro , Takahashi Kanako , Shibata Ai , Oka Koichiro , Kuro-O Makoto , Saito Chie , Yamagata Kunihiro , Maeda Seiji 
Published: March 2021

Abstract

Objective
Insufficient physical activity and excessive sedentary behavior can contribute to decreased skeletal muscle strength, which is strongly associated with increased mortality in patients with chronic kidney disease (CKD). However, the potential impact of replacing sedentary behavior with physical activity on skeletal muscle strength remains unclear in these individuals. The purpose of this study was to examine the associations of physical activity, sedentary behavior, and skeletal muscle strength in patients with CKD using an isotemporal substitution model to estimate the associations on replacing time from one behavior to another while keeping the total time and other behaviors fixed.

Methods
A total of 108 patients with CKD (mean age = 65 [SD = 9] y; mean estimated glomerular filtration rate = 57 [SD = 22] mL/min/1.73 m2) participated in this cross-sectional analysis study. The time spent in sedentary behavior, light-intensity physical activity, and moderate- to vigorous-intensity physical activity (MVPA) was assessed using a triaxial accelerometer. Handgrip strength, isometric knee extension strength, and 30-second chair stand test were used to measure skeletal muscle strength.

Results
In multivariate analyses (single-factor and partition models), the time spent in MVPA was beneficially associated with both isometric knee extension strength and 30-second chair stand test. Furthermore, the isotemporal substitution model found that replacing 10 min/d of sedentary behavior or light-intensity physical activity with equivalent MVPA time was beneficially associated with both isometric knee extension strength and 30-second chair standtest.

Conclusion
These cross-sectional findings indicate that MVPA time is beneficially associated with lower extremity muscle strength and that a slight increase in the MVPA time may contribute to maintaining skeletal muscle strength in patients with CKD.

Impact
Increasing the time spent in MVPA (10 min/d) may be a feasible strategy in patients with CKD who have a high prevalence of impaired physical function.
Sleep actigraphy time-synchronized with wind turbine output
Authors: Michaud David S , Keith Stephen E , Guay Mireille , Voicescu Sonia , Denning Allison , McNamee James P 
Published: March 2021

Abstract
Studies have yielded inconsistent evidence for an association between long-term average wind turbine sound pressure level (SPL) and disturbed sleep. Transient changes in sleep may be more susceptible to short-term variations in wind turbine SPL throughout the sleep period time. We analyzed sleep actigraphy data (participant sleep nights = 2,094, males = 151, females = 192) in 10 min intervals time-synchronized to wind turbine supervisory control and data acquisition. Calculated indoor wind turbine SPL was considered after adjusting for turbine rotor speed and closed/open bedroom windows. Maximum calculated nightly average wind turbine SPL reached 44.7 dBA (mean = 32.9, SD = 6.4) outdoors and 31.4 dBA (mean = 12.5, SD = 8.3) indoors. Wind turbine SPL in 10 min intervals, and nightly averages, was not statistically associated with actigraphy outcomes. However, the variability in wind turbine SPL due to changes in wind turbine operation across the sleep period time, as measured by the difference between the 10 min SPL and the nightly average SPL (∆SPL), was statistically related to awakenings (p = 0.028) and motility (p = 0.015) rates. These diminutive differences translate to less than 1 min of additional awake and motility time for a 5 dBA increase over a 450 min sleep period time. Overall results showed that wind turbine SPL below 45 dBA was not associated with any consequential changes in actigraphy-measured sleep. Observations based on ∆SPL provided some indication that a more sensitive assessment of sleep may be one that considers variations in wind turbine SPL throughout the sleep period time.
Obstructive sleep apnea treatment and dementia risk in older adults
Authors: Dunietz Galit L , Chervin Ronald D , Burke James F , Conceicao Alan S , Braley Tiffany J 
Published: March 2021

Abstract

Study Objectives
To examine associations between positive airway pressure (PAP) therapy, adherence and incident diagnoses of Alzheimer’s disease (AD), mild cognitive impairment (MCI), and dementia not otherwise specified (DNOS) in older adults.

Methods
This retrospective study utilized Medicare 5% fee-for-service claims data of 53,321 beneficiaries, aged 65 and older, with an obstructive sleep apnea (OSA) diagnosis prior to 2011. Study participants were evaluated using ICD-9 codes for neurocognitive syndromes (AD [n = 1,057], DNOS [n = 378], and MCI [n = 443]) that were newly identified between 2011 and 2013. PAP treatment was defined as the presence of at least one durable medical equipment (Healthcare Common Procedure Coding System [HCPCS]) code for PAP supplies. PAP adherence was defined as at least two HCPCS codes for PAP equipment, separated by at least 1 month. Logistic regression models, adjusted for demographic and health characteristics, were used to estimate associations between PAP treatment or adherence and new AD, DNOS, and MCI diagnoses.

Results
In this sample of Medicare beneficiaries with OSA, 59% were men, 90% were non-Hispanic whites and 62% were younger than 75 years. The majority (78%) of beneficiaries with OSA were prescribed PAP (treated), and 74% showed evidence of adherent PAP use. In adjusted models, PAP treatment was associated with lower odds of incident diagnoses of AD and DNOS (odds ratio [OR] = 0.78, 95% confidence interval [95% CI]: 0.69 to 0.89; and OR = 0.69, 95% CI: 0.55 to 0.85). Lower odds of MCI, approaching statistical significance, were also observed among PAP users (OR = 0.82, 95% CI: 0.66 to 1.02). PAP adherence was associated with lower odds of incident diagnoses of AD (OR = 0.65, 95% CI: 0.56 to 0.76).

Conclusions
PAP treatment and adherence are independently associated with lower odds of incident AD diagnoses in older adults. Results suggest that treatment of OSA may reduce the risk of subsequent dementia.
Proteomics characterization of mitochondrial‐derived vesicles under oxidative stress
Authors: Vasam Goutham , Nadeau Rachel , Cadete Virgilio J. J. , Lavallée‐Adam Mathieu , Menzies Keir J. , Burelle Yan 
Published: March 2021

AbstractMitochondria share attributes of vesicular transport with their bacterial ancestors given their ability to form mitochondrial‐derived vesicles (MDVs). MDVs are involved in mitochondrial quality control and their formation is enhanced with stress and may, therefore, play a potential role in mitochondrial‐cellular communication. However, MDV proteomic cargo has remained mostly undefined. In this study, we strategically used an in vitro MDV budding/reconstitution assay on cardiac mitochondria, followed by graded oxidative stress, to identify and characterize the MDV proteome. Our results confirmed previously identified cardiac MDV markers, while also revealing a complete map of the MDV proteome, paving the way to a better understanding of the role of MDVs. The oxidative stress vulnerability of proteins directed the cargo loading of MDVs, which was enhanced by antimycin A (Ant‐A). Among OXPHOS complexes, complexes III and V were found to be Ant‐A‐sensitive. Proteins from metabolic pathways such as the TCA cycle and fatty acid metabolism, along with Fe‐S cluster, antioxidant response proteins, and autophagy were also found to be Ant‐A sensitive. Intriguingly, proteins containing hyper‐reactive cysteine residues, metabolic redox switches, including professional redox enzymes and those that mediate iron metabolism, were found to be components of MDV cargo with Ant‐A sensitivity. Last, we revealed a possible contribution of MDVs to the formation of extracellular vesicles, which may indicate mitochondrial stress. In conclusion, our study provides an MDV proteomics signature that delineates MDV cargo selectivity and hints at the potential for MDVs and their novel protein cargo to serve as vital biomarkers during mitochondrial stress and related pathologies.
The microbiome in atopic patients and potential modifications in the context of the severe acute respiratory syndrome coronavirus 2 pandemic
Authors: Lee Eun , Hong Soo-Jong 
Published: March 2021

Purpose of review
Data regarding the effects of coronavirus disease 2019 (COVID-19) on host–microbiome alteration and subsequent effects on susceptibility and clinical course of COVID-19, especially in atopic patients, are currently limited. Here, we review the studies regarding the microbiome of atopic patients with other respiratory infections and discuss the potential role of probiotics as therapeutic targets for COVID-19 to decrease its susceptibility and severity of COVID-19.

Recent findings
Respiratory tract virus infection affects the gut and airway microbiome structures and host's immune function. Diverse factors in atopic diseases affect the airway and gut microbiome structures, which are expected to negatively influence host health. However, response to respiratory virus infection in atopic hosts depends on the preexisting microbiome and immune responses. This may explain the inconclusiveness of the effects of COVID-19 on the susceptibility, morbidity, and mortality of patients with atopic diseases. Beneficial probiotics may be a therapeutic adjuvant in COVID-19 infection as the beneficial microbiome can decrease the viral load in the early phase of respiratory virus infection and improve the morbidity and mortality.

Summary
Application of probiotics can be a potential adjuvant treatment in respiratory virus infection to improve host immune responses and disturbed microbiome structures in atopic patients. Further related studies involving COVID-19 are warranted in near future.
Health Care Costs of Target Attainment for Beta-Lactam Antibiotics in Critically Ill Patients: A Retrospective Analysis of the EXPAT Study
Authors: Ewoldt Tim M. J. , Abdulla Alan , Hunfeld Nicole G. M. , Muller Anouk E. , Gommers Diederik , Polinder Suzanne , Koch Birgit C. P. , Endeman Henrik 
Published: March 2021

Background:
Optimizing beta-lactam antibiotic treatment is a promising method to reduce the length of intensive care unit (ICU) stay and therefore reduce ICU costs. We used data from the EXPAT trial to determine whether beta-lactam antibiotic target attainment is a cost determinant in the ICU.

Methods:
Patients included in the EXPAT trial were divided into target attainment and target nonattainment based on serum antibiotic levels. All hospital costs were extracted from the hospital administration system and categorized.

Results:
In total, 79 patients were included in the analysis. Target attainment showed a trend toward higher total ICU costs (€44,600 versus €28,200, P = 0.103). This trend disappeared when correcting for ICU length of stay (€2680 versus €2700). Renal replacement therapy was the most important cost driver.

Conclusions:
Target attainment for beta-lactam antibiotics shows a trend toward higher total costs in ICU patients, which can be attributed to the high costs of a long stay in the ICU and renal replacement therapy.
Assisted reproductive technology for women with endometriosis, a clinically oriented review
Authors: Ata Baris , Telek Savci Bekir 
Published: March 2021

Purpose of review
To discuss optimal management of an assisted reproductive technology (ART) cycle in women with endometriosis.

Recent findings
New studies involving euploid embryo transfers provide more insight on the etiology of endometriosis-associated infertility. Oocyte competence to reach live birth seems unlikely to be affected by the disease. Routine medical or surgical treatment prior to an ART cycle does not appear beneficial. Short gonadotropin releasing hormone (GnRH) antagonist or progestin primed ovarian stimulation protocols seem to be proper first choices, depending on the intention for a fresh embryo transfer. Low-quality evidence supports frozen thawed over fresh embryo transfer. Ovarian stimulation for ART does not seem to be associated with symptom progression or recurrence.

Summary
How endometriosis affects fertility is still unclear, but ART is an effective pragmatic treatment. Each woman with endometriosis must be assessed with a holistic approach, and in the absence of an indication for otherwise, ART cycles can be kept simple with patient-friendly protocols. Whether a frozen embryo transfer is better than a fresh one should be investigated.