Academic literature on the topic 'Prosthesis – Technological innovations – Law and legislation'
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Journal articles on the topic "Prosthesis – Technological innovations – Law and legislation"
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Fabiano, Luciana, Marlene Valerio dos Santos Arenas, Rafael Vicente Martins dos Reis, and Lucas Rommel de Souza Neves. "Technological Innovations in Brazil - Public Contract Legislation - A New Dimension of Sustainable Development." International Journal of Business Administration 12, no. 1 (December 27, 2020): 29. http://dx.doi.org/10.5430/ijba.v12n1p29.
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The study discusses the elements of technological innovation present in Law 8.666/1993 that can be considered promoters of sustainable development through public procurement. The research aims to identify elements related to “technological innovation” present in Law 8.666/1993, a public administration bidding law in Brazil, in comparison with its elements of “sustainability”, which can be considered propellants of sustainable development. Based on the contribution of the bibliographic references that deal with sustainability and technological innovations, it analyzes the importance of technology in bidding as a promoter of sustainable development. It is an exploratory study; the research is bibliographic, and the method of analysis is documentary, with content analysis. The results show an elevated index of elements regarding “technological innovations” present in the text of the current legal basis, when compared to the number of elements on “sustainable development” present in the same legislation. This study proposes the consideration of technological innovation as a dimension of sustainable development, driven by Law 8.666/1993, in view of the high content of referents to technological innovation present in its text.
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Nekrasov, V. N. "Technologies in the criminal legislation of Russia: problems and prospects." Penitentiary science 13, no. 3 (December 9, 2019): 372–76. http://dx.doi.org/10.46741/2686-9764-2019-13-3-372-376.
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The article attempts to consider the impact of this type of innovation results, such as technology, on the domestic criminal law and conclude that the current law is ready for emerging innovations. In the work technological innovations as tools and means of crime are studied. In addition the author investigated the problematic issues of constructing the Criminal Code of the Russian Federation using new concepts related to the development of innovative activity. The author concludes that at present the need has arisen for combining the norms in the field of crimes encroaching on innovative activity into a separate group of norms.
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Zanatta Tocchetto, Gabriel. "The Moral Clause in Patent Law and Threats Posed by Human Germl ine Genome Editing." Mexican Law Review 14, no. 1 (August 3, 2021): 145. http://dx.doi.org/10.22201/iij.24485306e.2021.1.16095.
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This article examines whether the lack of closure of moral clauses in patent laws, particularly in dealing with the issue of human germline genome editing, causes such clauses to fail to function as a moratorium in countries like Mexico. The hypothesis posed here is that a general, open, moral clause in intellectual property legislation, specifically in patent law, is ineffective when confronted with a foreseeable but strong innovation that alters an area of applied biology such as human germline genome editing. Using the deductive method, this research aims to determine whether countries like Mexico need to provide more specific guidance in their legislation on technological innovations like human germline modification in order to foster an atmosphere of legal certainty. A comparative analysis of the closed morals clause in the European Patent Convention and the open morals clause in Mexico’s intellectual property law confirms this hypothesis. Specifically, the lack of closure of a morals clause in patent law, when confronted with novel and complex technological advances, will likely fail to function as a moratorium.
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Shkalenko, Anna, and Yulia Tymchuk. "Economic Entities in the Context of Technological Modernization of Economy: Priority Trends Taking into Account Digital Transformation." Vestnik Volgogradskogo gosudarstvennogo universiteta. Ekonomika, no. 4 (February 2021): 74–87. http://dx.doi.org/10.15688/ek.jvolsu.2020.4.7.
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The basis of this study is the use of elements of an innovative methodology of post-institutional analysis based on the interdisciplinary synthesis, which involves overcoming the monodimensionality, dichotomization and dogmatism of many concepts of orthodox neo-institutionalism. The main idea of this study is to apply an interdisciplinary approach to study the impact of technological modernization on economic entities and identify priority trends taking into account digital transformation of public relations. The assessment of the current problems under study and the conceptual framework of the study were carried out on the basis of studying and rethinking the results of numerous works by European and Russian scientists, as well as the legislation of the Russian Federation. The regulatory framework covers current domestic legislation in the field of civil, business and tax law, which regulates innovative activities. As a result of the conducted research, it is established that innovative activity is managed by a large number of regulations of various industry affiliation, which do not have any systemic connection with each other. The existing terminological intricacy is revealed in innovation legislation. The current legislation, including at the level of the constituent entities of the Russian Federation, does not set the criteria and the indicators of an innovative organization. This serves as a factor that both complicates obtaining state support and hinders the wider introduction of innovations. The mechanisms of stimulating innovative activity provided by the tax legislation are investigated, and their effectiveness is also evaluated. The article proves the need for adoption of a special Federal Law aimed at regulating innovative legal relations. The need to improve the tax legislation is justified in terms of creating a special tax regime for subjects of innovative activity. It is proposed to expand the measures of state support for innovation activity within the subjects in the Russian Federation by introducing the institute of innovation voucher. The role of responsible innovations for sustainable business development in the period of digital transformation of society is defined.
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Stasiv, A. P. "Innovation as an object of civil relationships." Actual problems of improving of current legislation of Ukraine, no. 59 (June 30, 2022): 84–97. http://dx.doi.org/10.15330/apiclu.59.84-97.
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This article explores innovations as objects of civil legal relations and their impact on the contract. The contract is a universal form of regulation of these relations. The analysis of scientific concepts on the objects of legal relations became the basis for the conclusion about the priority of pluralistic approaches to the objects of legal relations in general. Regarding innovation, the article argues for an inexhaustible list of them.The author argues that innovation must be technological in nature. Therefore, goods and services produced by technological innovations cannot be innovations. Products can be innovations if they have new or improved qualities.On the basis of the analysis of special legislation, it is concluded that the characteristics of innovations stipulated therein are of an economic rather than legal nature. However, some of them, such as novelty and practical suitability for improving the industrial, economic or social sphere, are the basis for the formation of legal characteristics of innovations.From the point of law view, innovation is a complex integrated legal concept, which includes several objects of intellectual property rights. It is substantiated that innovations include, first of all, objects of industrial property rights, but not only them. Innovations consist from the objects of intellectual property rights, but differ from them in the moment of their creation. Objects of intellectual property rights acquire these attributes on the basis of receipt of supporting documents or other grounds established by law, while innovations acquire a special status by virtue of confirmation of the fact of their practical introduction into production.
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Altoukhov, A. V., S. Yu Kashkin, and M. V. Kuz’mina. "Using Platforms and Platform Law to Overcome Risks Caused by Digitalization Processes." Economics and Management 26, no. 9 (November 25, 2020): 969–74. http://dx.doi.org/10.35854/1998-1627-2020-9-969-974.
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Fundamental changes within a country and at the global level can have contradictory consequences for society. The more areas are affected by changes and the deeper these changes are, the more significant the necessary innovations can be. Considering the scale of digitalization and application of artificial intelligence technologies based on it, it can be concluded that we are dealing with an unprecedented phenomenon that needs to be thoroughly assessed by different experts.Aim. The presented study aims to assess risks associated with the implementation of platform solutions without appropriate legislative initiatives, which, in turn, should facilitate the creation of the platform law institution. Today, legal science assesses risks associated with the legislative regulation of processes and creates conditions for safe and productive interaction with new mechanisms.Tasks. The authors examine current legislation to create conditions for protecting the rights and legitimate interests of legal entities in their interaction with cutting-edge digital solutions and for analyzing the possibility of full-scale application of digital platforms on this basis; estimate the legal risks of applying digital innovations under current conditions.Results. Analytical work has shown that platform solutions are a new technological unit that cannot be fully regulated by existing legal norms due to its technological features. The lack of personalized legal regulation of platforms not only infringes the rights of citizens providing various public and other services using digital technologies, but also creates conditions for the aggravation of the crime situation and the development of new types of crime.Conclusions. The main risks of mass digitalization are considered. The technological features of innovations make it necessary to develop a branch of law that would regulate public relations during interaction with platform solutions and other information technologies. The authors propose a new complex mechanism of legal regulation — platform law, which will make using platforms completely safe and efficient in all sectors of society.
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Vasiliev, Anton, Evgeny Anichkin, and Andrei Serebriakov. "Model Law on Scientific, Technical and Innovative Activities of a Constituent Entity of the Russian Federation as a Factor in the Scientific and Technological Modernization of Regions (on the Example of the Altai Territory)." Science Management: Theory and Practice 3, no. 4 (December 29, 2021): 146–63. http://dx.doi.org/10.19181/smtp.2021.3.4.16.
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The publication presents the concept and content of the draft law of the Altai Territory, prepared by the team of authors – the draft law of the Altai Territory “On Science, Scientific-Technical Activity and Innovation Activity in the Altai Territory”. The paper notes the urgent need to update the legislation of the Altai Territory on science and innovations as a pillar for technological development and the growth of well-being of residents of the Altai Territory. The structure of the draft law includes general provisions, powers of state authorities of the Altai Territory in the field of science and innovations, measures to support scientific and innovative activities, the status of a scientist and the legal regime of innovation territories. Particular attention in the bill is given to a system of measures to support scientists and especially young scientists to retain talent in the Altai Territory.
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Mammadrzali, Shahin. "Captain America protecting digital rights: “old school” national law vs. emerging internet complexities in Azerbaijan." Vilnius University Open Series, no. 6 (December 28, 2020): 132–45. http://dx.doi.org/10.15388/os.law.2020.12.
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It is indicated in the article that emerging information technologies influences human rights norms in any democratic society. Especially, the Internet has changed the traditional approach to methods of ensuring human rights, while adding new challenges at the same time, such as regulating cybersecurity, digital data protection, digital freedom of information, privacy, discrimination in the Internet, etc. The traditional flow of information through newspapers, radio and television is currently combined with new means of exchanging digital information, mobile and satellite communications, the Internet and other technological advances. Of course, these innovations make governments to review traditional human rights legislation to stay fit and updated. Yet, some fundamental norms of national human rights legislation should remain unchangeable. Simply put, it looks like Captain America from the movie “Avengers” – a very old guy who develops his abilities to defeat dangers, but also preserves “old school” strength and leadership skills. In the light of these issues, the present article is devoted to the analysis of the conceptual foundations of national legislation in Azerbaijan on the protection of digital rights in the Internet. The article emphasizes that digital rights themselves are one of the factors demonstrating the strong impact of communication technologies on human rights, especially information rights and freedom of expression.
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Ásványi, Zsófia. "Technology vs privacy at work." Management 27, no. 2 (December 22, 2022): 261–82. http://dx.doi.org/10.30924/mjcmi.27.2.14.
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Employees' right to privacy and employers' extensive need for work-related information collide. The imbalance of authority between employers and employees and the doctrine of managerial prerogative determines the outcome of these competing interests, and therefore the right to privacy requires statutory protection. The study aims to examine the legislative (hard law) and law enforcement (soft law) achievements of European and Hungarian initiatives on organizational labor control mechanisms and to understand their possible limitations concerning the doctrine of managerial prerogative. The research method was a thematic document and literature review of appropriate legislation and case law records from the European Court of Human Rights, the Hungarian Supreme Court, and the Hungarian National Authority for Data Protection and Freedom of Information. The research results confirmed our hypothesis: current legal instruments seem to limit the control mechanisms of organizations, both in terms of content and process. However, rapid technological innovations make employee privacy a moving target, where the law provides only temporary and limited protection.
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Pinto de Andrade, Rafael Leite. "The Positive Consequences of Non–tariff Barriers." Journal of World Trade 43, Issue 2 (April 1, 2009): 363–78. http://dx.doi.org/10.54648/trad2009015.
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The new world requirements for a more comprehensive and effective normalization, traceability and inspection of goods for export give rise to changes in production policies. This article is based on the assumption that the efforts by countries and/or companies to overcome non–tariff barriers, established in the guise of norms, standards, or regulations, bring tangible and intangible benefits to society as a whole. This study will lead to the conclusion that there is a close relation between trends in favour of overcoming non–tariff barriers and benefits, to date scarcely explored in debates. Benefits were detected in connection with technological developments, the environment, domestic legislation, combined efforts by trading blocks, managerial innovations, reduced competition, maintenance of competitive advantages and labour relations.
Dissertations / Theses on the topic "Prosthesis – Technological innovations – Law and legislation"
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Wei, Chia-Lee 1971. "Cross-border strategic alliances in the transition of regulated telecommunications." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31178.
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Competing successfully in globalized markets requires a complex mix of product, price, promotion and distribution. It requires novel approaches to ownership in overseas involvement and the development of new modes of global relationships. In response to these needs, new types of alliances are emerging as corporations endeavor to meet the global challenge. At the forefront of globalization, the telecommunications industry is experiencing a high-rate of cross-border alliance formation.This thesis attempts to straddle both business and legal domains, on national and international levels, to survey the evolution of the telecommunications industry and to envisage the future prospects of multinational telecom carriers with respect to the conduct of transnational alliances for international expansion. Chapter 1 describes the changes occurring in the field of telecommunications, while Chapter 2 and Chapter 3 provide an essential understanding of the motivations and the modalities of cross-border strategic alliances and propose contracting techniques for the purpose of surmounting managerial and operational challenges that may be confronted when engaging in global strategic alliances. With a focus on the telecommunications industry, Chapter 4 explores the motives of and difficulties encountered by multinational telecom carriers in using alliances to expand globally, and examines their business strategies and performing phases. Chapter 5 further questions the necessity of using cross-border strategic alliances in an increasingly international competitive environment by examining the current national and international regimes with respect to the transactions of telecom services. The Conclusion reviews significant factors that may infringe upon the use of strategic alliances as a business strategy.
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Salazar, Furiati Maria E. "Legal implications of telecom convergence in the U.S." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31172.
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Convergence has blurred the artificial limits that traditionally existed between separated sectors and services. In particular, technological convergence united cable and telephone networks as convenient platforms for the provision of numerous new telecommunications services. The advent of the Internet and the development of other services started a race for the acquisition of broadband transmission that has, in part, prompted a number of corporate mergers between the major telephone, cable, and Internet service providers.This thesis analyzes the legal implications of the convergence of cable operators and telephone carriers in the United States of America (U.S.). The analysis was conducted in light of the 1996 Telecommunications Act's provisions, the Federal Communications Commission's reports and orders, and under the critical approaches of the cable and telephone industries. This thesis presents recommendations addressed to promote an equal regulatory treatment for all telecommunications competitors in the U.S.
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Savarese, Josephine. "The gifts of the chip? : the regulation of occupational health and safety in the post-industrial age." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30324.
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In the face of the extensive changes resulting from the Post-Industrial Age, many are questioning "the gifts of the chip," or, more specifically, the ability of computer technologies to deliver the comfort predicted. The objective of this thesis is to examine the law's response to computer technology concerning occupational health and safety. This inquiry is necessary due to the dramatic changes that have occurred in the workforce, altering the profile of workplace health.The thesis begins with a reference to The Gift of Stones, a fictional account of the difficulties that stone workers experienced when the Bronze Age arrived. Modern labourers face parallel struggles due to the arrival of the Post-Industrial Age characterized by technological innovation and restructuring. The legitimacy and effectiveness of occupational health and safety law is challenged by changes to social institutions and by computer related work injuries.
In many jurisdictions, the state has responded to these changes by enacting ergonomic standards that seek to minimize the harmful effects of computer use. The thesis examines the trend towards ergonomic standards with particular focus on Canadian initiatives. In conclusion, it argues that ergonomic regulations are an important means of promoting safer computer practices. Additionally, ergonomic standards provide a mechanism for continued state regulation of occupational health and safety. The challenge for rule makers is ensuring that the standards are a component of comprehensive legal reforms.
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Sundstrom, Linda-Marie. "Internet radio: Identifying administrative and regulatory gaps in a cyberspace world without borders." CSUSB ScholarWorks, 2002. https://scholarworks.lib.csusb.edu/etd-project/2137.
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The purpose of this paper is to identify gaps in regulatory policies resulting from the emergence of Internet radio. To accomplish this purpose, the paper seeks to: 1) provide insights into agencies that may have direct involvement in potentially regulating Internet radio; 2) explore the concepts of jurisdiction in cyberspace; and 3) address the regulatory challenges that exist when traditional country borders no longer apply.
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Barnardt, Gerard Louis. "Electronic communication in the workplace : employer vs employee legal rights." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/49942.
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Thesis (LLM)--University of Stellenbosch, 2004.ENGLISH ABSTRACT: The monitoring of electronic communication is likely to face all employers sooner or later. The rapid advancement in technology aimed at helping to monitor electronic communication, makes it easier than ever before for employers to monitor the electronic communications of their employees. There are important questions to consider when dealing with the topic of monitoring electronic communication. Examples include "mayan employer legally monitor electronic communications?" and "how does monitoring affect the employee's right to privacy?" This thesis is an attempt to answer these and other related questions by analysing, inter alia, South African legislation, the Constitution and case law, as well as comparing the law as it applies in the United Kingdom and the United States of America. The analysis and conclusion offered in this thesis aim to provide theoretical consideration to academics and practical application for employers that are faced with the reality of monitoring electronic communications.
AFRIKAANSE OPSOMMING: Alle werkgewers sal waarskynlik die een of ander tyd met die monitering van elektroniese kommunikasie gekonfronteer word. Die snelle voortuitgang in tegnologie wat daarop gemik is om te help met die monitering van elektroniese kommunikasie, maak dit vir werkgewers makliker as ooit tevore om sodanige kommunikasies van hulle werknemers te monitor. Daar is egter belangrike vrae wat oorweeg moet word wanneer die onderwerp van monitering van elektroniese kommunikasie ter sprake kom. Voorbeelde hiervan is "mag 'n werknemer regtens elektroniese kommunikasies monitor?" en "hoe raak monitering die werknemer se reg tot privaatheid?" Hierdie tesis is 'n poging om hierdie en ander verwante vrae te beantwoord deur die ontleding van, onder andere, Suid-Afrikaanse wetgewing, die Grondwet en die reg soos deur hofuitsprake ontwikkel, sowel as vergelyking van die reg soos wat dit van toepassing is in die Verenigde Koninkryk en die Verenigde State van Amerika. Die ontleding en gevolgtrekking wat in hierdie tesis aangebied word, is gemik op die verskaffing van teoretiese oorweging aan akademici en praktiese toepassing vir werkgewers wat met die realiteit van die monitering van elektroniese kommunikasies gekonfronteer word.
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Breindl, Yana. "Hacking the law: an analysis of internet-based campaigning on digital rights in the European Union." Doctoral thesis, Universite Libre de Bruxelles, 2011. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209836.
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Digital rights activism constitutes an exemplary case of how internet affordances can be mobilised to engender political change. The values and principles stemming from the hacker imaginaire, and free and open source software practices, underpin digital rights activism, which uses the internet as a tool, object and platform for the protection of rights in the digital realm. The analysis focuses on how digital rights activists use and adapt the political affordances of the internet to intervene in European Union policy-making. Two original case studies of internet-based campaigning at the European level (the “No Software Patents” and the “Telecoms package” campaigns) provide in-depth insight into the campaigning processes and their impact upon parliamentary politics. The cases highlight the complementarity of online and offline collective action, by examining processes of open collaboration, information disclosure and internet-assisted lobbying. The success of the “Telecoms package” campaign is then assessed, along with the perspective of the targets: members and staff of the European Parliament.The belief in values of freedom, decentralisation, openness, creativity and progress inspires a particular type of activism, which promotes autonomy, participation and efficiency. The empirical evidence suggests that this set of principles can, at times, conflict with practices observed in the field. This has to do with the particular opportunity structure of the European Union and the characteristics of the movement. The EU favours functional integration of civil society actors who are expected to contribute technical and/or legal expertise. This configuration challenges internet-based protest networks that rely on highly independent and fluctuating engagement, and suffer from a lack of diversity and cohesion. The internet does not solve all obstacles to collective action. It provides, however, a networked infrastructure and tools for organising, coordinating and campaigning. Online and offline actions are not only supportive of each other. Internet-based campaigning can be successful once it reaches out beyond the internet, and penetrates the corridors of political institutions.
Doctorat en Information et communication
info:eu-repo/semantics/nonPublished
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Santos, José Altair Ribeiro dos. "Proposta de modelo inteligente de definição de produto para atendimento à diretiva RoHS." Universidade Tecnológica Federal do Paraná, 2015. http://repositorio.utfpr.edu.br/jspui/handle/1/1379.
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As empresas de manufatura necessitam integrar seus processos internos digitalmente para se tornarem mais competitivas e entregarem produtos com maior qualidade ao mercado consumidor. Informações definidas nas primeiras etapas de projeto precisam ser recuperadas em todas as fases do ciclo de vida de um produto. Para alcançar este objetivo são necessários modelos de informação que incorporem inteligência e permitam a representação do mundo real. Por outro lado, fabricantes de produtos eletroeletrônicos precisam cumprir requisitos ambientais presentes em marcos regulatórios, como a Diretiva RoHS, para poderem vender seus equipamentos em diversos países. O presente trabalho propõe a aplicação de modelos semânticos para ajudar as empresas a cumprir os requisitos estabelecidos pela Diretiva RoHS. O modelo, criado usando uma ontologia de referência, estabelece relações semânticas entre entidades que representam fases do ciclo de vida do produto, estruturas de produtos e objetos de negócios. Processos de negócio modelados permitem identificar fluxos de informação, bem como atividades que estão ligadas aos requisitos RoHS, percebidas por meio da geração de relatórios disponíveis no framework denominado Projeto Essential. O modelo semântico resultante é, portanto, útil para converter as necessidades relacionadas com o meio ambiente, endereçando requisitos através de um processo de desenvolvimento de produtos que aborda a diretiva RoHS. Um produto eletroeletrônico fabricado por indústrias nacionais foi selecionado para demonstrar a viabilidade da solução proposta.Manufacturing companies need to integrate their internal processes digitally to become more competitive and deliver higher quality products to the consumer market. Information defined at early design stages needs to be recovered at all stages of the life cycle of a product. To accomplish this, information models that incorporate intelligence and enable the representation of the real world are necessary. On the other hand, electronic products manufacturers need to comply with environmental requirements present in regulatory frameworks as the RoHS Directive in order to offer their products in several countries. The present work proposes the application of semantic models for helping companies meet the requirements established by the RoHS Directive. A model, created using a reference ontology, establishes semantic relationships between entities that represent product lifecycle stages, product structure and business objects. Business processes, modeled in the form of activity and information flows, are linked to RoHS requirements that can be viewed through the reports in the Essential Project open source framework. The resulting semantic model is, therefore, useful for converting environment-related needs to design requirements through a product development process that addresses the RoHS Directive. A consumer electronics product has been selected for demonstrating the feasibility of the proposed solution.
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LAZARO, Christophe. "La fabrication juridique d'un corps hybride : regard pragmatique sur les rapports entre droit et technologies prothétiques." Doctoral thesis, 2012. http://hdl.handle.net/1814/25203.
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Examining Board: Professor Giovanni Sartor, Institut Universitaire Européen (directeur de thèse); Professor Serge Gutwirth, Vrije Universiteit Brussel (codirecteur de thèse); Professor Yves Poullet, Université de Namur; Professor Loïc Azoulai, Institut Universitaire Européen.Defence date: 12 December 2012
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Grâce au développement de technologies de plus en plus complexes susceptibles de s’immiscer dans l’organisme, corps et artéfacts semblent en passe de connaître un degré d’hybridation jamais atteint jusqu’alors. Certaines technologies prothétiques émergentes - comme les bio-implants ou les puces électroniques - sont incontestablement de nature à bouleverser nos représentations du corps humain, si ce n’est notre nature anthropologique elle-même. A ce titre, ces technologies sont à la source de nombreuses inquiétudes et nourrissent, dans le champ juridique et éthique, un très vif débat qui se situe principalement sur le versant politique de la réglementation et de la gouvernance. L’objectif de la présente étude est d’élargir le champ de l’investigation consacrée aux rapports entre droit et nouvelles technologies en portant l’attention sur la pratique juridictionnelle, afin de mettre en évidence les problèmes posés par l’hybridation à partir de litiges auxquels les cours et tribunaux ont déjà été confrontés. Ceux-ci étant souvent en première ligne lorsqu’une technologie inédite affecte l’une ou l’autre sphère d’activité humaine, il est alors possible d’observer comment le droit s’adapte au changement technologique. A partir de trois cas d’étude distincts, relevant du droit travail, du droit antidiscriminatoire et du droit du sport, nous montrons d’une part comment les juges résorbent les tensions résultant d’une pluralité des manières de saisir l’hybridation entre homme et artéfacts dans le chef des protagonistes du litige. D’autre part, ous mettons l’accent sur les dispositifs et moyens - qu’ils soient externes au droit (les axinomies, les mesures, les statistiques de la biomédecine) ou internes (les standards, les atégories, les critères) - qu’utilisent les protagonistes d’un litige, et en particulier le juge, orsqu’ils sont confrontés à l’irruption d’entités problématiques, comme l’est le corps hybride, ans des situations litigieuses. Cette approche pragmatique permet de faire apparaître la ingularité du travail réalisé par les juges pour concilier l’émancipation de la personne par la echnique et son intégration et sa participation à un ordre commun.
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Mabeka, Nombulelo Queen. "The impact of e-technology on law of civil procedure in South Africa." Thesis, 2018. http://hdl.handle.net/10500/24985.
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The law of civil procedure is an important branch of South African law as it resolves individual civil disputes through a regulated judicial system. Mandatory statutes and rules regulate the processes when bringing disputes to court. For example, the Superior Courts Act 10 of 2013, regulates the superior courts, while the provisions of the Magistrates’ Courts Act 32 of 1944, as well as the Small Claims Court Act 61 of 1984, control the lower courts. Further, a series of court rules ensure efficient operation of different courts and support the overarching legislation. For example, the Constitutional Court Rules, Rules Regulating the Conduct of the Proceedings of the Supreme Court of Appeal, Uniform Rules of Court, Magistrates’ Courts’ Rules, and the Rules of Small Claims Court support the implementation of legislation. The researcher submits, however, that the current legislative provisions, and their enabling rules, are not fully complementing the Electronic Communication and Transactions Act 25 of 2002 and are thereby impeding the growth of e-technology law in South Africa. Put differently, they do not embrace the use of e-technology and digital devices. It appears that in future civil proceedings will occur electronically through digital and e-technology devices. Present legislation does not cater for this practical reality. This calls for South African courts to, for example, install satellite devices that will ease the use of e- technology in civil proceedings. The researcher avers that there have been attempts by the Constitutional Court and Supreme Court of Appeal to enable electronic communication through their websites, but this is insufficient to effectively implement the provisions of the Electronic Communications and Transactions Act 25 of 2002 especially insofar as service of process. The courts have effectively moved away from the decision in Narlis v SA Bank of Athens, which excluded computer-generated evidence and there have been attempts by South African courts in recent decisions to appreciate the use of e-technology. For example, in CMC Woodworking Machinery v Odendaal Kitchens the court, for the first time, acknowledged service of court papers via Facebook. Further, in Spring Forest Trading v Wilbery, the Supreme Court of Appeal confirmed that electronic communication such e-mail, can be used to cancel agreements, even where parties incorporated a non-variation clause into the agreement. However, there is an urgent need to review and amend South African statutes and rules to fully acknowledge the fact that e-technology is a constantly evolving modern reality.
Therefore, South African laws and rules ought to be in-line with e-technology developments and competitive with international jurisdictions such as England, the United States of America and Canada. The rules of these jurisdictions realise the use of e-technology and digital e-technology, particularly in England where a pilot project that facilitates the use of e-technology and digital e-technology in civil proceedings, is already in place. The time has come to fully employ e-technology and digital e- technology law within South African law of civil procedure. This research investigates the possibility, and practical implications, thereof.Criminal and Procedural Law
LL. D.
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MONTERO-PASCUAL, Juan J. "Public intervention in liberalised markets : from regulation to competition in European Telecoms?" Doctoral thesis, 2001. http://hdl.handle.net/1814/4714.
Full textBooks on the topic "Prosthesis – Technological innovations – Law and legislation"
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Kingston, William. Innovation, creativity, and law. Dordrecht: Kluwer Academic Publishers, 1990.
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Technology innovation law and practice: Cases and materials. New Providence, NJ: LexisNexis, 2011.
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Seth, Menell Peter, and Lemley Mark A. 1966-, eds. Intellectual property in the new technological age. 6th ed. Austin : Wolters Kluwer Law & Business: Aspen Publishers, 2012.
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Find full textBook chapters on the topic "Prosthesis – Technological innovations – Law and legislation"
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Teegarden, David A. "Conclusion." In Death to Tyrants! Princeton University Press, 2013. http://dx.doi.org/10.23943/princeton/9780691156903.003.0008.
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This concluding chapter provides a simple conceptual framework within which to interpret the long and complex history of tyrant-killing legislation. The framework has two parts. The first focuses on the dynamics of learning and innovation in Athens. The second briefly explores the likely dynamics of learning and adoption outside Athens. Tyrants, ancient as well as modern, fear the collective power of their people perhaps more than anything else. They have accordingly devised and implemented sophisticated practices that work to atomize the population—to prevent the people from doing what they actually want to do. Over 2,400 years ago, however, the Athenians invented a tool—tyrant-killing law—that enabled pro-democrats to draw upon their collective strength and mobilize against nondemocratic regimes despite whatever anti-mobilization practices they might have implemented. And like great technological innovations throughout history, it spread as the citizens of other poleis adopted it in order to gain control of their own political destiny. That helped secure the world's first democratic age.
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Xu, Lai, and Paul de Vrieze. "E-Contracting Challenges." In Electronic Services, 1620–29. IGI Global, 2010. http://dx.doi.org/10.4018/978-1-61520-967-5.ch099.
Full textAbstract:
A decade ago, IT — through its innovations in business process reengineering — led the way in breaking down the inefficiencies within companies. Firms in the new millennium now face relentless pressure to perform better, faster, cheaper, while maintaining a high level of guaranteed results. Firms must thus focus on their core competencies and outsource all other activities. Working with a partner, however, requires breaking down the inefficiencies between organizations and coping with frequent change across the entire end-to-end value chain. In this new world of collaborative commerce and collaborative souring, a standard business process is simply inadequate. Using e-contracts to build new business relationships and to fulfill e-contracts through the Internet are important trends. E-contracting is however not a new concept. The history of e-contracting can be reviewed from legal and technology aspects. Over the last 20 years or so, a growing body of research in artificial intelligence has focused on the representation of legislation and regulations (Sergor, 1991). As specific regulations, contracts are used to regulate the actions of twoor multi-party interactions. Gardner (1987) has developed contract formation rules. Her work concerns legislation about the nature of exchanges that lead to contractual relations. The ALDUS project and Legal Expert project investigated drafting the Sale Goods contract (ALDUS, 1992) and the United Nations Convention on contracts for the international sale of goods (Yoshino 1997, 1998), respectively. Detailed information on developing logic-based tools for the analysis and representation of legal contracts can be found in Daskalopulu (1997, 1999). The law regards contracts as collections of obligations; research in this area includes automated inference methods, which are intended to facilitate application of the theory to the analysis of practical problems. The purpose of a legal e-contracting system is to clarify and expand an incomplete and imprecise statement of requirements into a precise formal specification. In the early 1990s, the development of EDI (electronic data interchange) was a significant movement for electronic commerce. EDI was considered a term that refers solely to electronic transactions and contracts (Justice Canada, 1995). EDI requires an agreement between trading partners that not only dictates a standard data format for their computerto- computer communications, but also governs all related legal issues of EDI usage. In 1987, the first set of EDI rules was named the Uniform Rules of Conduct for Interchange of Trade Data by Teletransmission (UNCID, 1987). In 1990, the American Bar Association (ABA) published a Model Trading Partner Agreement and Commentary, together with an explanatory report (Winn & Wright, 2001). In 2000 IBM submitted to OASIS (for standardization) the first example of an XML-based EDI TPA language, called Trading Partner Agreement Markup Language (tpaML). While the EDI standard introduced efficient communication channels between companies, its implementation was not widely accepted due to its high installation costs, lack of flexibility, and technological limitations (Raman, 1996). With the development of the Internet, electronic contracting began to be interpreted in broader terms. In this new view, an e-contract is not only used as a legally binding agreement between a buyer and seller, but it can also used across different workflow systems to cross different organizational business processes (Koetsier, Grefen, & Vonk, 1999; Kafeza, Chiu, & Kafeza, 2001; Cheung, Chiu & Till, 2002) to integrate different Web services (Cheung et al., 2002, 2003). E-contracting has become synonymous with business integration over electronic networks.