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Striking an appropriate balance in the intellectual property system has been the subject of a perennial scholarly and policy debate. Article 7 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) states explicitly that ‘[t]he protection and enforcement of intellectual property rights should contribute to … a balance of rights and obligations’. The preamble of the WIPO Copyright Treaty (WCT) also recognises ‘the need to maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information’.2
We investigate the phased evolution and variation of the South Asian monsoon and resulting weathering intensity and physical erosion in the Himalaya–Karakoram Mountains since late Pliocene time (c. 3.4 Ma) using a comprehensive approach. Neodymium and strontium isotopic compositions and single-grain zircon U–Pb age spectra reveal the sources of the deposits in the east Arabian Sea, and show a combination of sources from the Himalaya and the Karakoram–Kohistan–Ladakh Mountains, with sediments from the Indian Peninsula such as the Deccan Traps or Craton. We interpret shifts in the sediment sources to have been forced by sea-level changes that correlate with South Asian monsoon rainfall variation since late Pliocene time. We collected 908 samples from the International Ocean Discovery Program Hole U1456A, which was drilled in the east Arabian Sea. Time series of hematite content and grain size of the sediments were examined downcore. We found South Asian monsoon precipitation and weathering intensity experienced three phases from late Pliocene time. Lower monsoon precipitation, with a lower variability and strong weathering intensity, occurred during 3.4–2.4 Ma; an increased and more variable South Asian monsoon rainfall, along with strengthened but fluctuating weathering intensity, occurred at 1.8–1.1 Ma; and a reduced rainfall with lower South Asian monsoon precipitation variability and moderate weathering intensity marked the period 1.1–0.1 Ma. Maximum entropy spectral analysis and wavelet transform show that there were orbital-dominated cycles of periods c. 100 and c. 41 ka in these proxy-based time series. We propose that the monsoon, sea level, global temperature and insolation together forced the weathering and erosion in SW Asia.
Women are more likely to be admitted to nursing home after stroke than men. Differences in patient characteristics and outcomes by sex after institutionalization are less understood. We examined sex differences in the characteristics and care needs of patients admitted to nursing home following stroke and their subsequent survival.
We identified patients with stroke newly admitted to nursing home between April 2011 and March 2016 in Ontario, Canada, with follow-up until March 2018 using linked administrative data. We calculated prevalence ratios and 95% confidence intervals (CIs) for the primary outcomes of dependence for activities of daily living, cognitive impairment, frailty, health instability, and symptoms of depression or pain, comparing women to men. The secondary outcome was all-cause mortality.
Among 4831 patients, 60.9% were women. Compared to men, women were older (median age [interquartile range, IQR]: 84 [78, 89] vs. 80 [71, 86]), more likely to be frail (prevalence ratio 1.14, 95% CI [1.08, 1.19]), have unstable health (1.45 [1.28, 1.66]), and experience symptoms of depression (1.25 [1.11, 1.40]) or pain (1.21 [1.13, 1.30]), and less likely to have aggressive behaviors (0.87 [0.80, 0.94]). Overall median survival was 2.9 years. In a propensity-score-matched cohort, women had lower mortality than men (hazard ratio 0.85, 95% CI [0.77, 0.94]), but in the age-stratified survival analysis, the survival advantage in women was limited to those aged 75 years and older.
Despite lower subsequent mortality, women admitted to nursing home after stroke required more care than men. Pain and depression are two treatable symptoms that disproportionately affect women.
Optimal stroke care requires access to resources such as neuroimaging, acute revascularization, rehabilitation, and stroke prevention services, which may not be available in rural areas. We aimed to determine geographic access to stroke care for residents of rural communities in the province of Ontario, Canada.
We used the Ontario Road Network File database linked with the 2016 Ontario Acute Stroke Care Resource Inventory to estimate the proportion of people in rural communities, defined as those with a population size <10,000, who were within 30, 60, and 240 minutes of travel time by car from stroke care services, including brain imaging, thrombolysis treatment centers, stroke units, stroke prevention clinics, inpatient rehabilitation facilities, and endovascular treatment centers.
Of the 1,496,262 people residing in rural communities, the majority resided within 60 minutes of driving time to a center with computed tomography (85%), thrombolysis (81%), a stroke unit (68%), a stroke prevention clinic (74%), or inpatient rehabilitation (77.0%), but a much lower proportion (32%) were within 60 minutes of driving time to a center capable of providing endovascular thrombectomy (EVT).
Most rural Ontario residents have appropriate geographic access to stroke services, with the exception of EVT. This information may be useful for jurisdictions seeking to optimize the regional organization of stroke care services.
For a large part of the past century, the cold war between the Soviet Union and the United States and Russia’s continued refusal to join the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), the predominant international copyright agreement, have raised complicated questions concerning the protection of Russian authors in the United States.1 The case that has received considerable attention in intellectual property literature is Itar-Tass Russian News Agency v. Russian Kurier, Inc (Itar-Tass).2 Filed in the mid-1990s, shortly after Russia’s accession to the Berne Convention but before its admission to the World Trade Organization (WTO), this case covered not only choice-of-law questions in the intellectual property field but also the interrelationship between domestic law and international treaties. Less frequently explored, however, are the rich comparative lessons that the case has provided on the development of intellectual property law and policy in Central and Eastern Europe.
The intensity of turbidite sedimentation over long timescales is driven by sea-level change, tectonically driven rock uplift and climatically modulated sediment delivery rates. This study focuses on understanding the effect of sea-level fluctuations and climatic variability on grain-size variations. The grain size and environmental magnetic parameters of Arabian Sea sediments have been documented using 203 samples, spanning the last 200 ka, obtained from International Ocean Discovery Program (IODP) Site U1457. Grain-size end-member modelling suggests that between ~200 and 130 ka there was an increase in the coarse silt fraction caused by sediment transport following reworking of the Indus Fan and development of deep-sea canyons. The sediment size and enhanced magnetic susceptibility indicate a dominant flux of terrestrial sediments. Sedimentation in the distal Indus Fan at c. 200–130 ka was driven by a drop in sea level that lowered the base level in the Indus and Narmada river systems. The low sea-stand caused incision in the Indus delta, canyons and fan area, which resulted in the transportation of coarser sediment at the drilling site. Magnetic susceptibility and other associated magnetic parameters suggest a large fraction of the sediment was supplied by the Narmada River during ~200–130 ka. Since ~130 ka, clay-dominated sedimentation is attributed to the rise in sea level due to warm and wet climate.
We present a new set of clay mineral and grain-size data for the siliciclastic sediment fraction from International Ocean Discovery Program (IODP) Site U1456 located in the eastern Arabian Sea to reconstruct the variabilities in the continental erosion and weathering intensity in the western Himalaya, elucidate the sediment source-to-sink processes and discuss the potential controls underlying these changes since 3.7 Ma. The clay minerals mainly consist of smectite (0–90%, average 44%) and illite (3–90%, average 44%), with chlorite (1–26%, average 7%) and kaolinite (0–19%, average 5%) as minor components. The compositional variations in the clay minerals at IODP Site U1456 suggest four phases of sediment provenance: the Indus River (phase 1, 3.7–3.2 Ma), the Indus River and Deccan Traps (phase 2, 3.2–2.6 Ma), the Indus River (phase 3, 2.6–1.2 Ma) and the Indus River and Deccan Traps (phase 4, 1.2–0 Ma). These provenance changes since 3.7 Ma can be correlated with variations in the Indian summer monsoon intensity. The siliciclastic sediments in the eastern Arabian Sea were mainly derived from the Indus River when the Indian summer monsoon was generally weak. In contrast, when the Indian summer monsoon intensified, the siliciclastic sediment supply from the Deccan Traps increased. In particular, this study shows that the smectite/(illite+chlorite) ratio is a sensitive tool for reconstructing the history of the variation in the Indian summer monsoon intensity over the continents surrounding the Arabian Sea since 3.7 Ma.
This chapter focuses on the roles and responsibilities of intellectual property-related public-private partnerships (PPPs) in the international human rights regime. It begins by debunking two key claims transnational corporations have advanced in the area intersecting intellectual property and human rights. The chapter examines the "protect, respect, and remedy" framework and the Guiding Principles on Business and Human Rights, which John Ruggie presented to the United Nations Human Rights Council in his capacity as the United Nations Secretary-General's Special Representative on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises. It further explains why these partnerships should assume greater human rights responsibilities than transnational corporations. This chapter concludes with three specific examples illustrating how PPPs can be utilized to foster a more appropriate balance between intellectual property and human rights. It also underscores the need to proactively develop PPPs for human rights in the intellectual property arena.
The basic principle of high-entropy alloys (HEAs) is that high mixing entropies of solid-solution phases enhance the phase stability, which renders us a new strategy on alloy design. The current research of HEAs mostly emphasizes mechanical behavior at room and higher temperatures. Relatively fewer papers are focused on low-temperature behaviors, below room temperature. However, based on the published papers, we can find that the low-temperature properties of HEAs are generally excellent. The great potential for cryogenic applications could be expected on HEAs. In this article, we summarized and discussed the mechanical behaviors and deformation mechanisms, as well as stacking-fault energies, of HEAs at low temperatures. The comparison of low-temperature properties of HEAs and conventional alloys will be provided. Future research directions will be suggested at the end.
Although interstage mortality for infants with hypoplastic left heart syndrome has declined within the National Pediatric Cardiology Quality Improvement Collaborative, variation across centres persists. It remains unclear whether centres with lower interstage mortality have lower-risk patients or whether differences in care may explain this variation. We examined previously established risk factors across National Pediatric Cardiology Quality Improvement Collaborative centres with lower and higher interstage mortality rates.
Lower-mortality centres were defined as those with >25 consecutive interstage survivors. Higher-mortality centres were defined as those with cumulative interstage mortality rates >10%, which is a collaborative historic baseline rate. Baseline risk factors and perioperative characteristics were compared.
Seven lower-mortality centres were identified (n=331 patients) and had an interstage mortality rate of 2.7%, as compared with 13.3% in the four higher-mortality centres (n=173 patients, p<0.0001). Of all baseline risk factors examined, the only factor that differed between the lower- and higher-mortality centres was postnatal diagnosis (18.4 versus 31.8%, p=0.001). In multivariable analysis, there remained a significant mortality difference between the two groups of centres after adjusting for this variable: adjusted mortality rate was 2.8% in lower-mortality centres compared with 12.6% in higher-mortality centres, p=0.003. Secondary analyses identified multiple differences between groups in perioperative practices and other variables.
Variation in interstage mortality rates between these two groups of centres does not appear to be explained by differences in baseline risk factors. Further study is necessary to evaluate variation in care practices to identify targets for improvement efforts.
In discussing the Anti-Counterfeiting Trade Agreement (ACTA), most policymakers and commentators have focused on either the lack of transparency and accountability in the negotiation process or the problems raised by the TRIPS-plus standards included in the agreement. While these issues deserve our urgent attention, it is important not to ignore the institutional arrangements laid out in Chapter V of the agreement. In the long run, this chapter is likely to become the most far-reaching and dangerous of all the chapters in ACTA.
Behind only the chapter on substantive standards, Chapter V is the second-longest chapter in the agreement. Included in this chapter are provisions creating and governing a little institution called the “ACTA Committee.” On its face, those provisions are boring, mundane and highly administrative. In reality, they govern matters ranging from membership to amendments to rules and procedures. Those provisions also help institutionalise ACTA as a freestanding, self-evolving forum. As a result, they have the potential to determine the future development of not only ACTA but also the international intellectual property system.
This chapter explains why the ACTA Committee could become such a powerful institution. It begins by providing an overview of the provisions governing the Committee. It then explains how the ACTA Committee provides a freestanding, self-evolving architecture to facilitate the ratcheting up of international intellectual property standards. The chapter concludes with a discussion of the Committee’s ramii cations for both developing countries and the international intellectual property system.
Since a large group of developing countries joined the international intellectual property regime following the decolonization movement, developed countries and their developing counterparts have engaged in a half-century-long debate over the appropriate standards for protecting and enforcing intellectual property rights. While developed countries complain about how the standards are insufficient to meet the needs of their growing intellectual property interests, developing countries are frustrated by how the very same standards have stifled access to essential medicines, knowledge, information and communication technologies, and other key development resources.
As is typical of any debate involving the North-South divide, the international intellectual property debate is binary and highly polarized; it involves two sides that insist on their own positions while expecting the other side to change. In recent years, however, that debate began to slowly change following the emergence of a core group of middle-income countries (MICs). Although these countries continue to struggle with traditional Southern economic, technological, and development challenges, their high levels of technological proficiency and innovative capacity have allowed them to share some common interests with the developed North.
A fully implicit numerical method, based upon a combination of adaptively refined hierarchical meshes and geometric multigrid, is presented for the simulation of binary alloy solidification in three space dimensions. The computational techniques are presented for a particular mathematical model, based upon the phase-field approach, however their applicability is of greater generality than for the specific phase-field model used here. In particular, an implicit second order time discretization is combined with the use of second order spatial differences to yield a large nonlinear system of algebraic equations as each time step. It is demonstrated that these equations may be solved reliably and efficiently through the use of a nonlinear multigrid scheme for locally refined grids. In effect this paper presents an extension of earlier research in two space dimensions (J. Comput. Phys., 225 (2007), pp. 1271-1287) to fully three-dimensional problems. This extension is validated against earlier two-dimensional results and against some of the limited results available in three dimensions, obtained using an explicit scheme. The efficiency of the implicit approach and the multigrid solver are then demonstrated and some sample computational results for the simulation of the growth of dendrite structures are presented.
On December 6, 2005, shortly before the World Trade Organization (“WTO”) Ministerial Conference in Hong Kong, WTO member states agreed to accept a protocol of amendment to the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPs Agreement”). This amendment sought to provide a permanent solution to implement paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health (“Doha Declaration”). If ratified, the new article 31bis of the TRIPs Agreement will allow countries with insufficient or no manufacturing capacity to import generic versions of on-patent pharmaceuticals.
To facilitate the supply of essential medicines to countries with insufficient or no manufacturing capacity, article 31bis(3) creates a special arrangement not only for the affected countries, but also for those belonging to a regional trade agreement. Such an arrangement allows less developed countries to aggregate their markets to generate the purchasing power needed to make the development of an indigenous pharmaceutical industry attractive.