Academic literature on the topic 'Implied Licence'
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Journal articles on the topic "Implied Licence"
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Mysoor, Poorna. "Exhaustion, Non-exhaustion and Implied Licence." IIC - International Review of Intellectual Property and Competition Law 49, no. 6 (June 19, 2018): 656–84. http://dx.doi.org/10.1007/s40319-018-0721-3.
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Allgrove, Ben. "The search engine's dilemma: implied licence to crawl and cache?" Journal of Intellectual Property Law & Practice 2, no. 7 (May 25, 2007): 437–38. http://dx.doi.org/10.1093/jiplp/jpm086.
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Sumi, Shuji. "Canadian implied renunciation theory with an implied licence-basis for recognizing the purchasers’ rights to patented products." Journal of Intellectual Property Law & Practice 15, no. 10 (August 23, 2020): 800–806. http://dx.doi.org/10.1093/jiplp/jpaa116.
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Lai, Jessica C. "Exclusive rights of patent owners versus rights of chattel owners: the implied licence approach." Oxford University Commonwealth Law Journal 18, no. 2 (July 3, 2018): 99–122. http://dx.doi.org/10.1080/14729342.2018.1530862.
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Sumi, Shuji. "A common law doctrine of exhaustion based on an implied licence: a Canadian perspective." Journal of Intellectual Property Law & Practice 16, no. 7 (May 16, 2021): 712–19. http://dx.doi.org/10.1093/jiplp/jpab077.
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Dixon, Martin. "The non-proprietary lease: the rise of the feudal phoenix." Cambridge Law Journal 59, no. 1 (March 2000): 25–28. http://dx.doi.org/10.1017/s0008197300290016.
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MR. Bruton occupied a flat by virtue of a written agreement with the Quadrant Housing Trust. The agreement specifically categorised itself as a “weekly licence” although it did give exclusive possession to Bruton. For its part, the Trust held the flat as licensee from the freehold owner, Lambeth Council, in order to pursue its charitable housing aims of providing temporary and emergency accommodation. By virtue of section 32 of the Housing Act 1985, any grant of a lease by the Council to the Trust would have been ultra vires. Bruton accepted the “licence” from the Trust on this basis, but now alleged that he held the flat on a lease, giving security of tenure and triggering a repairing obligation for the Trust under section 11 of the Landlord and Tenant Act 1985 (implied repairing obligations for short term leases). The High Court had held that the agreement was a licence and this was confirmed by the Court of Appeal, with Millett L.J. noting that it was difficult to see how Bruton could have a lease when the Trust itself held no estate in the land out of which a lease could have been granted: [1998] Q.B. 834, 845. The House of Lords, unanimously, held that Bruton had a lease on a simple application of Street v. Mountford [1985] A.C. 809. The fact that the Trust held no estate in the land was neither here nor there: Bruton v. London & Quadrant Housing Trust [1999] 3 W.L.R. 150.
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Lai, Jessica C. "The exhaustion of patent rights v the implied licence approach: untangling the web of patent rights." Queen Mary Journal of Intellectual Property 8, no. 3 (August 2018): 209–30. http://dx.doi.org/10.4337/qmjip.2018.03.03.
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Arrowsmith, S. "Failure to show breach of implied licence and secondary passing-off of airline goods by advertising agency." Journal of Intellectual Property Law & Practice 10, no. 1 (November 19, 2014): 16–18. http://dx.doi.org/10.1093/jiplp/jpu219.
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Lee, Bong-mun. "A Study on an implied license as a plea for reason to patent infringement." Journal of Intellectual Property 3, no. 1 (June 30, 2008): 75–100. http://dx.doi.org/10.34122/jip.2008.06.3.1.75.
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Martinez, Juan. "FRAND as Access to All versus License to All." Journal of Intellectual Property Law & Practice 14, no. 8 (June 26, 2019): 642–51. http://dx.doi.org/10.1093/jiplp/jpz075.
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Abstract In the last few decades, standardised cellular technology has experienced an impressive (r)evolution. This is mainly due to the success of open standardisation marked by the commitment of some companies to contribute their best innovative technologies to standards and to make them accessible to all on Fair, Reasonable and Non-Discriminatory (FRAND) terms and conditions. Recently, a discussion has emerged on whether such commitment implies that the patent holder has an obligation to license everyone across the supply chain (‘license to all’) or whether he is only obliged to offer everyone access to its standard essential patents through licences with end user devices (‘access to all’). Also discussed is whether a requirement to grant a licence at all levels of the supply chain is legally and practically possible. This paper will analyse the commercial licensing practice in the Information and Communication Technology field, the economic efficiencies of such licensing approaches, as well as the legal and practical implications of each of them.
Dissertations / Theses on the topic "Implied Licence"
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Mysoor, Poorna. "Implied licences in copyright law." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:8d5f4169-4f04-4e1f-9600-d93b6adbcd53.
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Copyright licences can be implied when the doing of a restricted act is covered neither by the express licence of the copyright owner, nor by one of the statutory limitations and exceptions. The manner in which copyright licences are implied, therefore, holds the key to broadening the scope of permissible acts. In contrast to the rigidity of statutory limitations and exceptions, implied licences are more malleable in being able to respond to a diverse set of circumstances, as the need arises. Thus, implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of copyright owners and content users, especially in todayâs dynamic technological environment. However, implication as a process is contentious, and there are no established rules for implying a licence. Implication of a copyright licence is even more complicated because the conceptualisation of a copyright licence is unsatisfactory. The resulting uncertainty has prevented implied licences from being embraced more readily by the courts. The objective of this thesis is, therefore, firstly, to reconceptualise a copyright licence that is broad enough to accommodate the diverse circumstances in which copyright licences arise, and certain enough to assist in finding their constituents; secondly, to propose frameworks for implying copyright licences in a methodical and transparent manner, based on three sources: the consent of the copyright owner; an established custom; and state intervention to achieve public policy goals. The frameworks are also customised differently for implied bare and implied contractual licences. The thesis demonstrates the robustness of these frameworks by rationalising them with the existing case law. Underscoring the contemporary relevance of implied licences, in conclusion, the thesis tests and validates the frameworks in relation to three essential and ubiquitous functions on the internet â browsing, hyperlinking and indexing.
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Dixon, William Michael. "An Examination of the Common Law Obligation of Good Faith in the Performance and Enforcement of Commercial Contracts in Australia." Queensland University of Technology, 2005. http://eprints.qut.edu.au/16123/.
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This examination of the common law obligation of good faith in the performance and enforcement of commercial contracts in Australia seeks to achieve a number of objectives. First, to chart the historical development of the implied good faith obligation. Secondly, to identify a number of issues that remain unresolved at Australian lower court level. Thirdly, to consider five doctrinal approaches that could be adopted by the High Court when ultimately confronted by the competing claims and tensions that have proven divisive in the courts below. Fourthly, to assess each approach against three identified benchmarks. The essential thesis is that good faith should be implied, as a matter of law, in commercial contracts that are relational in nature with an additional call being made for the High Court to explicitly recognise that the underlying basis of the implied good faith obligation is the reasonable expectations of the contractual parties. This approach is the one approach that satisfies all three benchmarks and provides the most satisfactory resolution of the issues that presently bedevil the commercial good faith debate in Australia.
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Yang, Shu-Fang, and 楊淑芳. "Doctrines of Patent Exhaustion and Implied License." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/57751146175460861486.
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碩士世新大學
法律學系
92
The patent system has the nature of serving the public interest, and therefore, the patentee should not be permitted to enforce his/her right without any limitations. In order to appropriately restrain the patent enforcement, the doctrines of Patent Exhaustion and Implied License are developed and formed in the US Patent Law. The purpose of this thesis is to have a close look on these two doctrines. First, the various types of patent infringement are clarified so as to generalize who are the prospective infringers. Then, based on the discussion of the Patent Exhaustion Doctrine, it is stated that what effect will be occurred on the patentee’s enforcement in the situation, where one of the prospective infringers is the patentee his/herself or the licensee. Finally, the Doctrine of Implied License is discussed so as to clarify how the patentee’s act will constitute the Implied License, making his/her patent enforcement limited.
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Lai, Brian Yeyo, and 賴育佑. "Implied License Defense in the U.S. Patent Law." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/u7m95a.
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碩士國立交通大學
科技法律研究所
106
“Patent exhaustion” and “license” are commonly used in the U.S. patent law as defenses against patent infringements. License includes “express license” and “implied license.”. With the internationalization of industrial value chains, implied license defense has become more and more important for Taiwanese enterprises. The accumulation of judgements makes categorization of implied license possible, which includes “implied license by conduct”,” implied license by equitable estoppel”,” implied license by legal estoppel”,” implied license by law”, and ”have made right”. The rationality of implied license is influenced by other defenses in patent litigation. While the basis for those other defenses are clarified by U.S. Supreme Court, the relationship between implied license defense and others starts to change, which makes implied license defense different from exhaustion and equitable estoppel in essence. Because of the uncertainty of implied license defense, patent contract nowadays usually content no implied license clauses to eliminate the possibility of an implied license contract by those express clauses. However, the effect of no implied license clause is challenged by the court, or even nullified in some U.S. cases. From theoretical and practical perspective, no implied license clause is not the only solution to avoid implied license. To escape from the trap of implied license, one should fully realize the reasoning behind the establishment of those related implied licenses.
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Liu, Yu-Shan, and 劉羽珊. "Implied License as a Defense to Taiwan Subcontractor." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/05940393283673050818.
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碩士國立交通大學
科技法律研究所
102
The Patent Act enable patentees through forbidding third parties to make, use, sell, offer to sell, and import the patented innovation to foreclose competition. Meanwhile, The Patent Act also explains that “patents shall have the attributes of personal property” one result of this characterization is that patentee could license their rights to others. To legally practice the patented innovation, one has to obtain patentee’s agreement, or buy patented produvt from authorized sale. In the absence of express agreement from the patentee, the potential infringer may claim implied infringement immunity under two doctrine: implied license and patent exhaustion. According to the leading case De Forest v. U.S.:” No formal granting of a license is necessary in order to give it effect. Any language used by the owner of the patent or any conduct on his part exhibited to another, from which that other may properly infer that the owner consents to his use of the patent in making or using it, or selling it, upon which the other acts, constitutes a license,and a defense to an action for a tort.” Implied license could occur in varied situations. By studying cases selected from Federal Circuit and the Supreme Court, this article try to analyze elements of implied license and the difference between implied license and exhaustion, and how contract language and patentees’ conduct influence construction of a contract.
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Ho, Shinn-Yih, and 何信毅. "Revisiting Patent Exhaustion Doctrine and Implied License Through Repair and Reconstruction Cases." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/07815089657735143022.
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碩士國立臺灣大學
法律學研究所
101
Patentees are entitled to certain exclusive rights such as making, selling, and using the patented article under the Patent law. To balance the interests, the Patent Law also puts some limitations on the rights. Repair and reconstruction, which involve the issue of patent limitations, contains two main issues: First, what is the adequate rationale for dealing with repair and reconstruction cases? Under American law, courts and scolars tend to use the exhaustion doctrine, or the so-called first-sale doctrine. According to the first-sale doctrine, the buyer may be given the authority to use and sell the particular article. The authority to use includes the ability to repair the article. However, it does not give the buyer the authority to reconstruct the patented article, which falls within the scope of unauthorized “making” and thus may constitute an infringement. This is the doctrine of repair and reconstruction. Second, what is the criterion of permissible repair and reconstruction? How does one differentiate within various cases between simply “fixing” the article, replacing components, and modifications? This thesis reviews abundant cases from the United States, Japan, and European Union. Through these various cases, this thesis analyzes the models introduced by the courts. By examining the rationales in those cases, this thesis tries to build a model which may fit the Taiwanese Patent Law. The exhaustion doctrine under the Article 59 of Taiwanese Patent Law can be applied to the repair and reconstruction cases in Taiwan. Discarding the United States Supreme Court’s singlefactor standard, this thesis cites the “extended first-sale doctrine” and implied license as references and suggests that the multifactor approach may be more convincing. The 2010 Epson ink jet case in Taiwan’s IP court contains the issue of modifications and permissible repair, the situation is somewhat similar to the U.S. Court of Appeals for the Federal Circuit’s case Hewlett-Packard Co. v. Repeat-O-Type Stencil Mfg. Corp., Inc. as well as the Japanese IP High Court’s Canon Inc. v. Recycle Assist Co. case. They are all discussed in this thesis.
Books on the topic "Implied Licence"
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Ban quan mo shi xu ke zhi du yan jiu: Research on copyright implied license = Banquan moshi xuke zhidu yanjiu. Beijing: Zhongguo fa zhi chu ban she, 2014.
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Mysoor, Poorna. Implied Licences in Copyright Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858195.001.0001.
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Implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of copyright owners and content users, especially in today’s dynamic technological environment. However, implication as a process is contentious and there are no established principles for implying copyright licences. The resulting uncertainty has led to incoherence, diminishing the value of implied licences in judicial reasoning. This book develops a methodical and transparent way of implying copyright licences, based on three sources: the consent of the copyright owner; an established custom; and state intervention to achieve policy goals. The frameworks proposed are customised separately for implying bare and contractual licences, where relevant. The book goes on to analyse the existing case law methodically in the light of these frameworks to demonstrate how the court’s reasoning can be made transparent. Underscoring the contemporary relevance of implied licences, the book tests and validates the methodology in relation to three essential and ubiquitous functions on the internet—browsing, hyperlinking, and indexing.
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Lloyd, Ian J. 24. Contractual liability for defective software. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787556.003.0024.
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This chapter begins with a discussion of the nature of software defects. It then covers the legal status of software and software contracts; implied terms in software contracts; remedies for breach of the implied terms; the approach adopted by the courts in the limited number of cases which have reached the High Court or Court of Appeal; exclusion or limitation of liability; and the enforceability of shrink-wrap licences.
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Madariaga, Nerea. Diachronic change and the nature of pronominal null subjects. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198815853.003.0007.
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This chapter focuses on the nature of null referential subjects (pro) through a case study in Russian. The loss of pro-drop in Middle Russian implied that: (i) null subjects (NSs) in non-embedded contexts became restricted to instances licensed by pragmatics. (ii) in embedded contexts, learners lost the possibility of parsing pro in the embedded subject gap, and started to parse the alternative null category available, PRO or trace. Afterwards, silent embedded subjects (both finite and non-finite) became licensed only by Obligatory Control. The unified way of licensing NSs in embedded contexts was determined by this diachronic process which confronted learners with two alternative elements to be parsed in the relevant gap, and had to imply some lexical or featural content for the referential pronoun (pro) as opposed to PRO or trace, contradicting views like the rich agreement hypothesis.
Book chapters on the topic "Implied Licence"
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Mysoor, Poorna. "Frameworks for Implying Copyright Licences." In Implied Licences in Copyright Law, 45–62. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858195.003.0004.
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This chapter proposes frameworks under each category of copyright licences which help assess the facts and circumstances and determine whether a licence may be implied and, if so, the scope of the licence. Given that the advantage of implied licences is their flexibility, any rigid set of rules governing the implication could strike at the heart of such flexibility. Therefore, the chapter presents frameworks as opposed to rigid rules, and seeks to balance guidance and flexibility. These frameworks are developed based on the constituents that each category of licence would need to have, had it been an express licence; and when the express licence is absent, these frameworks indicate how the facts and circumstances can be marshalled, so that one can ascertain whether a licence is to be implied. In addition, these frameworks approach bare licences differently from contractual licences.
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Mysoor, Poorna. "Consent-based Implied Contractual Licences." In Implied Licences in Copyright Law, 100–141. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858195.003.0006.
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This chapter evaluates consent-based implied contractual licences. Consent-based implied contractual licences differ from consent-based bare licences in that there is consideration that flows from the licensee in exchange for the licensor undertaking not to revoke the licence, in addition to there being an intention to create legal relations. The existence of a contract provides the structure within which to assess the copyright owner’s consent as the basis for implying a licence. The modern significance of implied contractual licences lies in their application to copyright content placed online by or with the consent of the copyright owner, and is subject to terms of use that amount to a contract. This chapter applies the framework proposed in Chapter 3, rather than the rules of implying terms in fact, in order to make the process of implication more transparent. The chapter examines the case law in three broad categories of contractual copyright licences: (i) commissioning contracts; (ii) copyright exploitation contracts; and (iii) consumer contracts.
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Mysoor, Poorna. "Consent-based Implied Bare Licences." In Implied Licences in Copyright Law, 65–99. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858195.003.0005.
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This chapter examines consent-based implied bare licences, considering situations where the copyright owner impliedly grants a licence gratuitously, meaning nothing (whether payment or any other form of consideration) flows to the copyright owner in return for the licence. The modern relevance of a consent-based implied bare licence lies in its application to the copyright work placed on the internet by its owner or with her consent. It examines the case law in the light of the framework proposed in Chapter 3, that separates the conduct of consenting separately from the knowledge required to consent. It also discusses the revocability of bare licences. A consent-based bare licence can be revoked, since the ability to grant such a licence and to revoke it (upon reasonable notice) both originate from the powers of the copyright owner. However, there are situations where these licences cannot be revoked, and the courts have ascribed proprietary estoppel as the reason for irrevocability.
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Mysoor, Poorna. "Copyright Licence as a Legal Relationship." In Implied Licences in Copyright Law, 15–28. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858195.003.0002.
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This chapter identifies what kind of legal relationship a copyright licence is. It begins by explaining what a ‘licence’ is, because the reliability of the doctrine of implied licence depends on the coherence of the concept of licence. The most widely used definition of a licence (derived from land law) as that which makes an action lawful without which the action would be unlawful reflects the universality of a licence, but it sheds little light on the constituents of a licence. The chapter therefore, turns to Hohfeldian analytics to identify the constituents of a licence that hold good regardless of the diversity of circumstances in which licences arise. The identification of the constituents of a licence helps in understanding the kind of transaction that a licence is. It helps to demonstrate that a licence is not in itself a contract, although a licence can be partly or wholly the consideration that moves from one party to another. This facilitates the distinction between a bare licence and a contractual licence. The distinction is important because a licence within a contract must be assessed as part of the bargain, and. therefore, different considerations go into implying a licence into a contract than if one were to imply a bare licence.
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Mysoor, Poorna. "Final Remarks." In Implied Licences in Copyright Law, 289–98. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858195.003.0014.
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This concluding chapter explores the advantages of implied licences not only in the offline, but especially in the online world. It sums up the justifications for the conception of ‘implied’ and ‘licence’ adopted in this monograph. It also explains how when faced with the facts and circumstances of a case, how one may ascertain which basis for implying a copyright licence might apply. While acknowledging that express words can override implied licences, it explains why it is not a significant limitation on the usefulness of implied licence, arguing that implied licence can and will continue to play a significant role in copyright law. The growing body of case law on implying a term into a contract is a testament to the fact that there are never going to be complete or comprehensive contracts. There will always be the need to fill in gaps, by way of implying licences based on the conduct of the copyright owner or to give effect to a custom or a policy. The chapter then looks at how implied licences have the potential to play a greater role after the Exit Day.
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Mysoor, Poorna. "Licences Implied by Custom." In Implied Licences in Copyright Law, 142–68. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858195.003.0007.
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This chapter focuses on licences implied by custom. A custom in this context represents the conduct of a community (of members of a trade, profession, industry, or market), as opposed to an individual copyright owner enabling the copyright work to be used in a particular way. So long as the community within which the custom is alleged represents the copyright owner, the community’s conduct will be taken as being on behalf of the copyright owner. Once established, a custom does not require validation by a court of law for it to be binding, so that a custom becomes an independent source of power that drives the implication of a copyright licence. Also, once established, a custom can be the basis for implying both a bare licence and a contractual licence, depending on the content of the custom. Therefore, the chapter analyses the case law within a single framework for implying both bare and contractual licences. It builds on the criteria developed by the courts in commercial law to establish a custom (certainty, notoriety, and reasonableness), incorporating factors specific to the copyright context.
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Mysoor, Poorna. "Introduction." In Implied Licences in Copyright Law, 1–12. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858195.003.0001.
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This introductory chapter provides an overview of implied licences. Copyright confers exclusive rights on copyright owners to perform certain acts in relation to their works. A person infringes copyright if she performs any of these acts in relation to a copyright work without ‘the licence of the owner of the copyright’. Alternatively, the user’s actions must be covered by one of the statutory limitations or exceptions, which address specific instances of permitted use of copyright works to achieve specific policy goals. If, however, a certain use is not authorised by either an express licence of the copyright owner or by the statutory limitations or exceptions, it does not always amount to an infringement. It may be possible for courts to imply a copyright licence to cover such use. The strength of implied licences lies in their flexibility to address a diverse set of circumstances. This may prove particularly useful in resolving issues arising from the interaction of copyright with new technologies. Armed with this flexibility and the ability to respond in a case-specific manner, implied licences can bring about a better balance among the interests of different stakeholders within the copyright system.
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Mysoor, Poorna. "Policy-based Implied Contractual Licences." In Implied Licences in Copyright Law, 169–95. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858195.003.0008.
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This chapter assesses policy-based implied contractual licences, focusing on situations where there is a pre-existing contract and a policy-based licence is implied into such contract. To the extent that a contract exists, there is a certain voluntariness to the conduct of the copyright owner in entering into the contract. However, the copyright licence is implied into the contract to achieve a policy objective regardless of the consent of the copyright owner. The framework for implication underlying this chapter is inspired by the rules of implying a term by law into a contract, but made more transparent to acknowledge the role of policy as the basis of implication and the need for the policy to be identified. The chapter illustrates the arguments by examining the transfer of ownership of products incorporating copyright works and the possible licences that may need to be implied into such transfer. It also discusses the highly regulated industry of hazardous substances, and how the information flow in this sector can be explained using the framework proposed here for policy-based implied contractual licences.
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Mysoor, Poorna. "Policy-based Implied Bare Licences." In Implied Licences in Copyright Law, 196–230. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858195.003.0009.
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This chapter addresses policy-based implied bare licences. Unlike in the previous chapter, there is no contract in existence and no voluntariness on the part of the copyright owner, and indeed in some cases, no prior relationship between the parties. Historically, English common law has recognised an open-ended power of the courts to restrict or prevent copyright enforcement in the public interest, which has been acknowledged under section 171(3) of the UK Copyright, Designs, and Patents Act 1988. The chapter considers how a successful invocation of this provision implies a bare licence to achieve policy goals. Although there is no statutory equivalent of this provision in other common law jurisdictions considered here, the chapter explores if the power has nevertheless been exercised by the courts based on their inherent powers. Since policy-based implied bare licences produce the same effect on copyright owners as the statutory limitations or exceptions, the framework for implying this type of licence draws inspiration from the three-step test and the fundamental rights regime.
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Mysoor, Poorna. "Indexing." In Implied Licences in Copyright Law, 271–88. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858195.003.0013.
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This chapter deals with indexing. Indexing is typically engaged in by internet service providers of different kinds, such as search engines, content aggregators, and online content sharing platforms, including social media. Indexing is the background process that tries to achieve greater accessibility of the content on the internet. However, this process may engage the right of reproduction and the right of communication to the public, and therefore, must be considered separately. Based on the indexing capabilities and to facilitate deeper analysis, this chapter classifies the providers into search engines, content sharing platforms, news aggregators and other content aggregators. The chapter explains how courts have tried to deal with this issue and argues for a greater role of implied licences to address the issues of copyright infringement. While indexing of content that is placed on the internet by or with the copyright owner’s consent can benefit from consent-based implied licence, indexing of the content that is placed on the internet without the copyright owner’s consent may benefit from a policy-based implied licence, saving them from liability for indexing infringing content under certain circumstances.
Conference papers on the topic "Implied Licence"
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Lindskog, Staffan, and Rolf Sjo¨blom. "Division of Nuclear Liabilities Between Different License Holders and Owners." In ASME 2011 14th International Conference on Environmental Remediation and Radioactive Waste Management. ASMEDC, 2011. http://dx.doi.org/10.1115/icem2011-59214.
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Sweden was one of the first six countries to build and operate a nuclear power reactor. Thus, there exists a corresponding legacy in terms of liabilities for decommissioning and waste management of the historic facilities. Compliance with the Polluter Pays Principle (PPP) and its corollary on equity between generations implies that plans for decommissioning must be made and funds set aside for its execution. The need for precision in the cost estimates often governs the timing of the technical planning. Cost estimates are treacherous since cost raisers may be identified and evaluated only after considerable efforts have been made. Further complications and challenges arise as a result of changes that take place between construction and decommissioning of facilities in terms of the entities involved as owners, operators, license holders, Authorities and financiers. From this perspective, the present paper summarizes the general legislation as well as the legislation that applies particularly to nuclear activities. It also summarizes the relation between the nuclear decommissioning fund system and financial reporting. Three examples are provided that wholly or partially fall under the Studsvik act (that specifically covers old facilities): • The A˚gesta nuclear power plant. • The Ranstad uranium mining and beneficiation facility. • The Neutron Research Laboratory at Studsvik. The findings include the following: • It is important that the legislation be clear as to what is included and not. • The rationale for the legislation should also be clear and well communicated. • Old agreements can be significant for the assessment of liabilities, even in cases where a party may no longer exist. • Support for assessment of when activities are continuing or not (which may have a strong significance for the liability) can be found in court cases on chemically contaminated soil. • Analysis of facilities and the work carried out at different times can be very helpful in determining whether or not a facility is auxiliary. • In order to be essentially correct, annual reporting must be coherent with the declarations of the funding system and in compliance with the IAR/IFRS standards. • Keeping of searchable records is essential. • Research is essential, not only to provide bases for high quality decisions, but also to promote consensus based on agreement on factual circumstances.
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Medina, Hector E., and Brian Hinderliter. "Stress, Strain, and Energy at Fracture of Degraded Surfaces: Study of Replicates of Rough Surfaces." In 2013 21st International Conference on Nuclear Engineering. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/icone21-16907.
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Due to the aging of structures, the issues of plant life management and license extension are receiving increasing emphasis in many countries. Understanding failure of structures due to random roughness on surfaces at early stages of degradation is therefore crucial. It has been shown that even slightly sinusoidal roughness can increase stress concentration by a factor of 2 or 3, which can be critical for a brittle component due to the significant reduction of its load-carrying capacity, even with slight roughness. A more in-depth fracture analysis of surfaces possessing random roughness is needed in order to more profoundly understand, and hence develop models that will predict more accurately, failure of structural materials exposed to degrading, in-service conditions. Using a technique previously developed and successfully applied, replicates of random rough surfaces, imprinted with various levels of degradation, and at three distinct auto correlation lengths, were realized and mechanical testing was performed on them. The stress, strain and energy at fracture are reported. Finite element analysis was carried out to elucidate experimental results. Besides the expected reduction of energy at fracture with degradation, a relaxation region was observed where the energy slightly increases. This phenomenon implies that even after degradation has progressed there is a local maximum of energy at fracture due to the competing effect of tendons and growth of pits. The results find applications on the early stage of maintenance of surfaces of structures in service.
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Esch, Markus, Bernd Ju¨rgens, Antonio Hurtado, Dietrich Knoche, and Wolfgang Tietsch. "State of the Art of Helium Heat Exchanger Development for Future HTR-Projects." In Fourth International Topical Meeting on High Temperature Reactor Technology. ASMEDC, 2008. http://dx.doi.org/10.1115/htr2008-58146.
Full textAbstract:
In Germany two HTR nuclear power plants had been built and operated, the AVR-15 and the THTR-300. Also various projects for different purposes in a large power range had been developed. The AVR-15, an experimental reactor with a power output of 15 MWel was operated for more than 20 years with excellent results. The THTR-300 was designed as a prototype demonstration plant with 300 MWel and should be the technological basis for the entire future reactor line. The THTR-300 was prematurely shut down and decommissioned because of political reasons. But because of the accompanying comprehensive R&D program and the operation time of about 5 years, the technology was proved and essential operational results were gained. The AVR steam generator was installed above the reactor core. The six THTR heat exchangers were arranged circularly around the reactor core. Both heat exchanger systems have been operated successfully and furthermore acted as a residual heat removal system. The technology knowledge and experience gained on these existing HTR plants is still available at Westinghouse Electric Germany GmbH since Westinghouse is one of the legal successors of the former German HTR companies. As a follow-up project of THTR, the HTR-500 was developed and designed up to the manufacturing stage. For this plant additionally to the 8 steam generators, two residual heat removal heat exchangers were foreseen. These were to be installed in a ring around the reactor core. All these HTRs were designed for the generation of electricity using a steam cycle. Extensive research work has also been done for advanced applications of HTR technology e.g. using a direct cycle within the HHT project or generating process heat within the framework of the PNP project. Because of the critical attitude of the German government to the nuclear power in the past 20 years in Germany there was only a very limited interest in the further development of the HTR technology. As a consequence of the German decision, at the beginning of the 90s, to phase out nuclear power completely, research and funding of further development of HTR reactor design was also cut down. Today’s HTR reactor designs, such as the PBMR in South Africa, use a direct cycle with a gas turbine. This technology is also based on the THTR technology and PBMR is a licensed party. For the HTR-PM in China and the future oil sand projects powered by HTR’s in Canada and Siberia however the use of steam generators is required. Westinghouse and Dresden University cooperate in the field of steam generator technology for HTR reactors. The existing know-how for HTR is based on a huge pool of knowledge gained by the past German HTR projects mentioned above and consists especially of the design methodology, the mechanical layout and material issues for helium heated steam generators. The project team consists of experienced specialists who have worked on HTR projects in the past and of young graduate engineers. Main goal of the project is to analyze the existing know-how and to adjust it to the state of the art. As a first step, the existing design and its methodology is being analyzed and the different points of improvement are identified. The final step of the program is the description of a new methodology which fulfills the severe requirements of the customer and all of the actual licensing conditions. One of the reasons why this project has been launched is that the requirements of life expectancy for HTR components increase and the material limits will be reached, especially at high temperatures. This implies that the design of helix heat exchangers has to allow inservice inspections; this was not a requirement for the previous THTR design. Methodologies for in-service inspections already had been developed, but they are not sufficient for today’s tube lengths and have to be adapted. Another example, based on operating experience, is using reheaters to increase the efficiency is not recommended today. Using supercritical steam conditions to increase the efficiency should be investigated instead. In general, the economic benefit has to be balanced against the additional costs resulting from better material and more complex manufacturing.