bluuebunny/crossref_metadata_2025_split huggingface dataset:
Infringement and Validity of Intellectual Property Rights: Jurisdiction
Authors: Torremans Paul L C 
Published: June 2024

Abstract
This chapter discusses some jurisdictional cases concerned with issues of the validity and infringement of intellectual property rights. The rules on jurisdiction under the Brussels I Regulation/Lugano Convention determine the issues of infringement and validity and have separate rules for each issue. While national proceedings on validity often run in parallel with opposition proceedings, the process tends to take a long time. Thus, national courts dealing with validity have started to ask the parties to alert the European Patent Office to this so it can expedite its treatment of the relevant opposition proceedings. The chapter also looks into the application of Article 24 of the Lugano Convention 2007 and traditional English rules.
Reform of Jurisdiction
Authors: Torremans Paul L C 
Published: June 2024

Abstract
This chapter tackles the reform of the law about the international litigation of intellectual property disputes. Ambitious reform proposals are designed to operate on a worldwide stage that provides an independent regime of rules for intellectual property and private international law. Moreover, the reform includes the applicable law and the recognition and enforcement of foreign judgments. Meanwhile, the reform of the Brussels I Regulation and other EU instruments are intended to go wider and operate as a model for adoption by non-EU States. The chapter explores the jurisdiction and model of reform of the CLIP Principles for Conflict of Laws in Intellectual Property, American Law Institute Principles, and Brussels I Regulation.
Infringement: The Applicable Law
Authors: Torremans Paul L C 
Published: June 2024

Abstract
This chapter tackles the applicable law surrounding infringement. It starts with how the establishment of the Rome II Regulation simplified matters dealing with the choice of law for the infringement of intellectual property rights. The Rome II Regulation has a broad scope, which includes a new set of choice of law rules for non-contractual obligations that apply to all cases. The chapter also looks into the questions that arise in infringement cases and applicable law, which references the principle of territoriality. It covers the non-contractual obligations concerning intellectual properties where there is a contractual defence while referencing the Rome II Regulation.
Choice of Law and the Internet
Authors: Torremans Paul L C 
Published: June 2024

Abstract
This chapter details the choice of law surrounding the internet. It clarifies that the process is not fundamentally different whether contracts and infringement of an intellectual property right are conducted on the internet or in the real world. Despite the amendments, the Paris Convention of 1883, and the Berne Convention of 1886 as the basis of intellectual property conventions remained untouched. The chapter then elaborates on the notion of ubiquitous infringement in correlation with a de minimis rule and special cases. It discusses contributory liability on the internet, citing the case of eBay where it may not be directly infringing goods, but acts as an auction platform and third party for those who are liable.
Interpretation, enforceability, and effects of asymmetric jurisdiction clauses under English law
Authors: Marshall Brooke 
Published: June 2024

Abstract
This Chapter examines the principles of English law applicable to asymmetric jurisdiction clauses that, until Brexit, applied in a limited range of situations. Illustrating how asymmetric clauses are likely to be treated going forward, the Chapter analyses the English law relevant to their interpretation, enforceability and effects, along with relief for their breach. The extent to which the Braganza-Socimer implied term and the Unfair Contract Terms Act 1977 are relevant to enforceability is examined, along with the relationship between severability and consideration. Analysis of effects encompasses the exclusive/non-exclusive dichotomy and extends to the ancillary procedural clauses generally accompanying asymmetric clauses: forum non conveniens or FNC waivers and concurrent proceedings provisions. The likelihood of an English court issuing an antisuit injunction or staying its proceedings on grounds of vexation or oppression and forum non conveniens, via case management, or on the basis that the proceedings before the court are an abuse of its processes is considered.
Conclusion
Authors: Marshall Brooke 
Published: June 2024

Abstract
This Chapter distills the book’s key conclusions and tenders, in light of them, suggestions to practitioners and scholars as to how asymmetric jurisdiction clauses and the law could be better designed. It proposes drafting for a sample asymmetric jurisdiction clause, which may be suitable for use by practitioners and their clients in Contracting States to 2005 Hague Choice of Court Convention, in the UK, and in the EU, including France. Reflections are offered for those charged with the review and potential revision of the EU’s Brussels I Recast Regulation. How the book should be read if the EU, one day, accepts the UK’s accession to the 2007 Lugano Convention is also mapped out.
Introduction
Authors: Grušić Uglješa 
Published: June 2024

Abstract
Chapter 1 provides a background on issues raised by tortious claims arising out of the external exercise of British executive authority by separating them into issues concerning jurisdiction, choice of law, and foreign judgments. It deals with the jurisdiction of English courts to hear and decide tortious claims arising out of the external exercise of British executive authority. It also reviews the choice-of-law issues raised by tortious claims arising out of the external exercise of British executive authority that pass the hurdles of the Crown and foreign act of state doctrines. The chapter considers tortious claims as different from other kinds of claims arising out of the external exercise of British executive authority. It describes tortious claims as belonging to private law even where their aim is to vindicate fundamental rights and control the exercise of executive authority.
Whose Act of State?
Authors: Grušić Uglješa 
Published: June 2024

Abstract
Chapter 4 shows that public international law governs the issue of attribution of conduct to states and international organizations and explains the direct application of public international law to this issue. It deals with the issue of attribution of conduct from a private international law perspective, which is key for deciding whether an act of state doctrine or jurisdictional immunities apply. It also reviews the two approaches the English courts have adopted to the issue of attribution: the first approach is the application of English law and the second approach is the application of public international law. The chapter presents the lex fori approach to the issue of attribution of conduct and the public international law approach. It emphasizes that the public international law approach should be preferred because it is more in line with the reasons for the existence of the act of state doctrines and jurisdictional immunities.
Torts in Foreign Relations and Choice of Law
Authors: Grušić Uglješa 
Published: June 2024

Abstract
Chapter 5 explores the theoretical justifications for the application of foreign law in general to tortious claims. It demonstrates that the explanation for subjecting such claims to the choice-of-law process lies in the fact that English law regards them as private law claims that concern personal wrongs of UK government officials and in Dicey’s equality principle. It also highlights the application of the lex loci delicti to tortious claims that rests on the principles of territoriality and pragmatism. The chapter presents the formalistic and substantive kinds of explanations to address why tortious claims arising out of the external exercise of British executive authority are subjected to the choice-of-law process. It mentions three main justifications for the application of foreign law: the ideas of justice, convenience, fairness, and appropriateness; parties’ legitimate expectations; and decisional harmony.
Law Governing the Tortious Liability of the UK Government
Authors: Grušić Uglješa 
Published: June 2024

Abstract
Chapter 6 looks at the tortious liability of the UK government. It shows that English law governs the issue of the UK government’s capacity to be liable in tort and the question of whether an allegedly wrongful act or the liability for an allegedly wrongful act is attributable to the Crown in right of the UK for the purposes of CPA 1947. It also points out that the case law provides little support for the application of foreign law to determine other conditions for imposing tortious liability on the UK government. The chapter discusses the issue of the UK government’s capacity to be liable in tort and the question of whether an allegedly wrongful act or the liability for an allegedly wrongful act are governed by English law. It outlines the legal nature of the UK government and its tortious liability under English law.
Law Governing Defences
Authors: Grušić Uglješa 
Published: June 2024

Abstract
Chapter 8 looks at the defences to tortious liability arising out of the external exercise of British executive authority. It shows that some defences are governed by English law and that the existence and operation of some defences reflect a conception of tortious claims arising out of the external exercise of British executive authority as claims that concern public acts of the UK. It also demonstrates that the Crown act of state defence is not a defence to tortious liability, but a rule of subject-matter jurisdiction. The chapter talks about the law that prescribes the facts that are for the defendant to prove which, even if the claimant has established the elements of the cause of action, will negate the defendant’s prima facie liability. It reviews choice-of-law problems raised by tortious claims arising out of the external exercise of British executive authority by advancing four arguments.
Introduction to the second edition
Authors: Rosati Eleonora 
Published: June 2024

Abstract
Besides macro-events like the now completed departure of the UK from the EU and the adoption of the DSM Directive, between the first and the present edition very significant developments have also occurred in the case law of the CJEU. First of all, objectively seminal judgments have been issued, including having regard to copyright protection of works of applied art, liability of internet platform operators, contractual restrictions to linking, digital exhaustion under the InfoSoc Directive, application of the EU Charter to the copyright field, and legislative freedom of EU Member States, as well as the very validity of Article 17 of the DSM Directive. Furthermore, some of the standards of interpretation relied upon by the CJEU in its copyright case law have gained more or less prominence compared to the analysis included in the first edition of this book, with the result that the relationship between them also warranted some fresh considerations. The Introduction details the main changes occurred between the first and second edition of the book, as well as main objectives and structure of the book.
Standards applied in CJEU copyright jurisprudence: A data-based case law analysis
Authors: Rosati Eleonora 
Published: June 2024

Abstract
Chapter 2 focuses on the standards that the Court of Justice of the European Union (CJEU) has employed in its case law. It selects and illustrates the content of the policies and principles that the CJEU has used to develop its own understanding of EU copyright directives. The analysis thus considers general and special standards, the former being standards that the Court has applied transversally to different areas of copyright and the latter being relevant to specific areas, eg exclusive rights or exceptions and limitations. General standards include: guarantee of a high level of protection; the need to interpret certain concepts as autonomous concepts of EU law; effectiveness; proportionality; fair balance of different rights and interests; the requirement to interpret provisions in relevant directives in light of their wording and context, as well as the objectives pursed by the directive in question; and interpretation of relevant provisions in light of fundamental rights as also protected in the EU Charter. Special standards include the requirement of interpreting exclusive rights as having preventive nature and exceptions and limitations strictly. The second part of this chapter contains a statistical analysis referred to as ‘data-based case law’ (DBCL). Its main objective is to illustrate relations and correlations between the various standards employed in CJEU case law, considered in pairs. The DBCL may also serve to anticipate types of standards likely to be employed in relation to different areas of copyright in future cases.
Towards less flexibility: Harmonization techniques, EU supremacy, and the doctrine of EU pre-emption
Authors: Rosati Eleonora 
Published: June 2024

Abstract
Following a discussion of EU supremacy, harmonization techniques, and the doctrine of EU pre-emption, Chapter 3 focuses on how Advocates General (AGs) and the Court of Justice of the European Union (CJEU) have materially relied upon all this to hold that national approaches departing from the text of directives would be incompatible with EU law. Such a phenomenon has occurred in respect of exclusive rights and exceptions and limitations, as well as national legislative initiatives. The second part of the chapter considers a number of issues within the areas of exclusive rights and exceptions and limitations, the objective being to show how the Court has followed similar approaches and, in so doing, achieved greater harmonization than what would appear from a literal reading of the legislative provisions. If not an express ‘agenda’, there seem to be at least common patterns that the CJEU has been relying upon to construe its own copyright system, informed by a logic of high level of protection, more homogeneous approaches across the EU, and an overarching internal market-building rationale. The chapter concludes by considering the consequences of incorrect transpositions of EU directives at the level of individual EU Member States
The ‘high level of protection’ of exclusive rights
Authors: Rosati Eleonora 
Published: June 2024

Abstract
Focusing on the construction of exclusive rights under copyright and related rights, Chapter 5 shows how the application, by the Court of Justice of the European Union (CJEU), of the standards discussed in Chapter 2 has led to common approaches—and overall broad scope—of the rights harmonized under the InfoSoc Directive (reproduction, communication/making available to the public and distribution). The analysis considers, first, the right of reproduction of authors and other rightholders. Then the discussion moves on to review the right of communication/making available to the public having regard to its constitutive requirements, as well as its application to linking and internet platform operators. Insofar as the latter is concerned, an analysis is also undertaken of the nature of Article 17 of the DSM Directive. After that, the right of distribution—including the vexed issue of its exhaustion in a digital/online context and the now different treatment of software vis-à-vis InfoSoc works—is reviewed. Given the abundance of CJEU case law on database and software, the final part of this chapter also details relevant decisions in these areas.
Exceptions and limitations in the EU copyright system: From ‘derogations’ to ‘user rights’
Authors: Rosati Eleonora 
Published: June 2024

Abstract
Chapter 6 considers exceptions and limitations under the InfoSoc Directive and DSM Directive. The attention focuses on three areas in particular—parody, quotation, and private copying—in order to outline how the application of certain key standards—notably: (i) the one according to which concepts in EU directives that make no reference to the laws of individual EU Member States should be intended as autonomous concepts of EU law that must be given uniform application throughout the EU; (ii) strict interpretation of exceptions and limitations but also; (iii) effectiveness of exceptions and limitations and; (iv) achieving a fair balance in the protection of contrasting rights in light of the mandate of the EU Charter—have allowed the creation of an EU system of exceptions and limitations. In this sense, the role of the Court has been pivotal in strengthening the admittedly weak harmonizing force of the InfoSoc Directive. This chapter also discusses the nature and function of the three-step test as found in Article 5(5) of that directive, as well as the qualification of exceptions and limitations as ‘rights’ of users and the (im)possibility for individual Member States to exceed the closed catalogue under EU law.
Analysis of seven low-mass eclipsing binaries discovered by the Kepler mission
Authors: Özdarcan Orkun , Dal Hasan Ali , Sipahi Kılıç Esin , Tutar Özdarcan Demet , Yoldaş Ezgi 
Published: June 2024

ABSTRACT
The discrepancy between the observed and the predicted radii in low-mass stars is a well-known and yet to be resolved problem. Although various theoretical approaches have been developed since the first appearance of the problem, there is still no satisfactory mechanism or model which could successfully reproduce observed radii. The stellar magnetic field is among proposed resolutions but has not been investigated comprehensively for detached eclipsing binary stars. In this study, we present analysis of seven low-mass Kepler eclipsing binaries, KIC 4484356, KIC 4678171, KIC 5300878, KIC 6147573, KIC 8543278, KIC 9762519, and KIC 9821078. We investigate the average amplitude of the rotational modulation signal observed at out-of-eclipse phases, which could be used as the proxy for the strength of the stellar magnetic field, and possible discrepancies between observed and theoretically calculated radii of the components of the target systems. Our findings indicate radius discrepancy for both components of KIC 4678171 and KIC 9821078. Moreover, secondary components of KIC 9762519 and KIC 8543278 appear to have quite inflated radii. However, results from this limited sample do not indicate any correlation between average amplitude of the rotation modulation signal and observed radius discrepancies.
Odd-Paired is Involved in Morphological Divergence of Snail-Feeding Beetles
Authors: Konuma Junji , Fujisawa Tomochika , Nishiyama Tomoaki , Kasahara Masahiro , Shibata Tomoko F , Nozawa Masafumi , Shigenobu Shuji , Toyoda Atsushi , Hasebe Mitsuyasu , Sota Teiji 
Published: June 2024

Abstract
Body shape and size diversity and their evolutionary rates correlate with species richness at the macroevolutionary scale. However, the molecular genetic mechanisms underlying the morphological diversification across related species are poorly understood. In beetles, which account for one-fourth of the known species, adaptation to different trophic niches through morphological diversification appears to have contributed to species radiation. Here, we explored the key genes for the morphological divergence of the slender to stout body shape related to divergent feeding methods on large to small snails within the genus Carabus. We show that the zinc-finger transcription factor encoded by odd-paired (opa) controls morphological variation in the snail-feeding ground beetle Carabus blaptoides. Specifically, opa was identified as the gene underlying the slender to stout morphological difference between subspecies through genetic mapping and functional analysis via gene knockdown. Further analyses revealed that changes in opa cis-regulatory sequences likely contributed to the differences in body shape and size between C. blaptoides subspecies. Among opa cis-regulatory sequences, single nucleotide polymorphisms on the transcription factor binding sites may be associated with the morphological differences between C. blaptoides subspecies. opa was highly conserved in a wide range of taxa, especially in beetles. Therefore, opa may play an important role in adaptive morphological divergence in beetles.
Market accessibility, bond ETFs, and liquidity
Authors: Holden Craig W , Nam Jayoung 
Published: June 2024

Abstract
We develop a stylized model that generates the following empirical predictions: the less (more) accessible the underlying market is ex ante, the more its liquidity improves (deteriorates) when basket trading becomes available. We empirically test these predictions using corporate bonds before and after the introduction of exchange-traded funds. Consistent with the model’s prediction, liquidity improvement is larger for highly arbitraged, low-volume, and high-yield bonds, and for 144A bonds to which retail investor access is prohibited by law. Our article leads to a more nuanced understanding of the impact of basket security introduction than previous research suggested.
Distribution of some natural and artificial radionuclides in soil from the city of Bitola (Macedonia) and its environs
Authors: Zlatanovska Irena , Stafilov Trajče , Šajn Robert , Gonovska Bojana Dimovska , Dimovska Snežana , Janusheski Jovan , Barandovski Lambe 
Published: June 2024

Abstract
The aim of the study is a thorough investigation of the radioactivity level in soils of the town of Bitola (Macedonia) and its environs. Topsoil samples collected from 58 locations within a 5 × 5 km grid were analysed. Serving as a screening, gross alpha and beta activity measurements were performed using gas-flow proportional counter. Gamma-spectrometric measurements revealed the presence of three natural (40K, 226Ra, 232Th) and one artificial radionuclide (137Cs) in the samples. The activity concentrations of these radionuclides were consistent with the results of similar studies in neighbouring areas. Spatial distribution maps and factor analyses have revealed that the activity concentrations of the natural radionuclides are strongly influenced by geology and have no significant influence from human activities. A correlation of 137Cs activity concentrations with terrain elevation was also observed. The aim of the study is a thorough investigation of the radioactivity level in soils of the town of Bitola (Macedonia) and its environs. Topsoil samples collected from 58 locations within a 5 × 5 km grid were analysed. Serving as a screening, gross alpha and beta activity measurements were performed using gas-flow proportional counter. Gamma-spectrometric measurements revealed the presence of three natural (40K, 226Ra, 232Th) and one artificial radionuclide (137Cs) in the samples. The activity concentrations of these radionuclides were consistent with the results of similar studies in neighbouring areas. Spatial distribution maps and factor analyses have revealed that the activity concentrations of the natural radionuclides are strongly influenced by geology and have no significant influence from human activities. A correlation of 137Cs activity concentrations with terrain elevation was also observed.
Irritable bowel syndrome
Authors: Carter Kimberly A. 
Published: June 2024

Abstract
Irritable bowel syndrome (IBS) is a common and burdensome disorder characterized by chronic recurrent abdominal pain and altered bowel habits. IBS remains misunderstood, leading to delayed diagnosis, impaired quality of life, and substantial healthcare costs. Advancing clinicians' understanding of this complex biopsychosocial process, using a positive diagnostic strategy rather than a diagnosis of exclusion, and incorporating a multimodal treatment approach expedite time to diagnosis, facilitate symptom relief, and reduce financial expenditure.