Public Interest of Particular Importance Sample Clauses

Public Interest of Particular Importance. Another general limitation of the patent right, not to be confused with expropriation, is compulsory licensing in consideration of a public interest of particular importance.361 The preliminary work provides some guidance to the interpretation of this generally stipulated section of the law. The Patent Committee and the head of the Justice Department pointed out that it was grounds for compulsory licensing to be used with considerable caution. It can only be considered when it comes to basic functions of society. The examples given are national security, the people’s supply of medical products and provisions, the power supply, the system of communication and military preparedness362.363 Society also has an interest in sound competition in the market place. An abuse of a dominant position created by a patent right should in the first place be solved by competition law. Only if the measures of competition law are insufficient should 47 § patentlagen (1967:837) come into question.364 It is also stated with emphasis that the interest considered should be public in an objective sense. The conditions of the applicant are irrelevant and governmental enterprises do not occupy a place apart.365 The Patent Committee anticipated that the Court might find, all facts considered, that a deviation from the lost profit principle is motivated in 361 47 § patentlagen (1967:837). Compulsory acquisition is stipulated in 78 § patentlagen (1967:837), a paragraph not treated here.‌ 362 As for military inventions one has to consider Law (1971:1078) about defence inventions (Lag (1971:1078) om försvarsuppfinningar). If a military invention, originating in Sweden or elsewhere, is essential for Swedish military forces, the Swedish government can use it without consent or declare that the patent shall benefit the Swedish government regardless of whether the holder of the Swedish patent is Swedish or foreign (13 and 18 §§). The patentee may seek adequate remuneration for governmental use or take over at Stockholms District Court, StockholmsTingsrätt (4 §). 363 NU p. 301 and Prop 1966:40 p. 179. 364 NU pp. 301-302 and Prop 1966:40 p. 179. When reading the statements concerning the interaction between patent law and competition law, one should bear in mind that the competition law of the time (Lagen (1953:603) om motverkande i vissa fall av konkurrensbegränsning inom näringslivet) rested on slightly different principles than the present one (Konkurrenslagen (1993:20)).‌ 365 NU p. 301 an...
AutoNDA by SimpleDocs

Related to Public Interest of Particular Importance

  • Distribution of UDP and TCP queries DNS probes will send UDP or TCP “DNS test” approximating the distribution of these queries.

  • Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure All sectors : : - : Central : National Treatment Senior Management and Board of Directors : National Treatment and the Senior Management and Board of Directors obligations shall not apply to any measure relating to small and medium sized domestic market enterprise2. Foreign equity is restricted to a maximum of 40% for domestic market enterprises with paid-in equity capital of less than the equivalent of USD 200,000 Note: Members of the Board of Directors or governing body of corporation or associations shall be allowed in proportion to their allowable participation or share in the capital of such enterprises. : -1987 Constitution of the Republic of the Philippines. - Foreign Investments Act of 1991 (R.A. No. 7042, as amended by R.A. No. 8179). -Presidential and Administrative Issuances. ∞ 2 The concept of a small and medium sized domestic market enterprise is an enterprise with paid in equity capital of less than the equivalent of USD 200,000.00.

  • Termination for Non-Allocation of Funds 4.17.2 Renegotiate the Contract under the revised funding conditions; or

  • Emergency Action on Imports of Particular Products Where any product is being imported in such increased quantities and under such conditions as to cause, or threaten to cause:

  • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (a) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

  • Distribution of Agreement The Employer agrees to make available to each employee a copy of this Agreement and to provide a copy of the same Agreement to all new employees entering the employment of the Employer.

  • ORIENTATION AND INSERVICE 20.01 An orientation and inservice program will be provided to all employees; these programs shall be reviewed and discussed from time to time by members of the Union-Management Committee. The Committee will promote an environment that supports continuous learning, enhances opportunities for career development and will assist in the assessment, analysis, development and evaluation of the education programs at the facility.

  • How Are Distributions from a Xxxx XXX Taxed for Federal Income Tax Purposes Amounts distributed to you are generally excludable from your gross income if they (i) are paid after you attain age 59½, (ii) are made to your beneficiary after your death, (iii) are attributable to your becoming disabled, (iv) subject to various limits, the distribution is used to purchase a first home or, in limited cases, a second or subsequent home for you, your spouse, or you or your spouse’s grandchild or ancestor, or (v) are rolled over to another Xxxx XXX. Regardless of the foregoing, if you or your beneficiary receives a distribution within the five-taxable-year period starting with the beginning of the year to which your initial contribution to your Xxxx XXX applies, the earnings on your account are includable in taxable income. In addition, if you roll over (convert) funds to your Xxxx XXX from another individual retirement plan (such as a Traditional IRA or another Xxxx XXX into which amounts were rolled from a Traditional IRA), the portion of a distribution attributable to rolled-over amounts which exceeds the amounts taxed in connection with the conversion to a Xxxx XXX is includable in income (and subject to penalty tax) if it is distributed prior to the end of the five-tax-year period beginning with the start of the tax year during which the rollover occurred. An amount taxed in connection with a rollover is subject to a 10% penalty tax if it is distributed before the end of the five-tax-year period. As noted above, the five-year holding period requirement is measured from the beginning of the five-taxable-year period beginning with the first taxable year for which you (or your spouse) made a contribution to a Xxxx XXX on your behalf. Previously, the law required that a separate five-year holding period apply to regular Xxxx XXX contributions and to amounts contributed to a Xxxx XXX as a result of the rollover or conversion of a Traditional IRA. Even though the holding period requirement has been simplified, it may still be advisable to keep regular Xxxx XXX contributions and rollover/ conversion Xxxx XXX contributions in separate accounts. This is because amounts withdrawn from a rollover/conversion Xxxx XXX within five years of the rollover/conversion may be subject to a 10% penalty tax. As noted above, a distribution from a Xxxx XXX that complies with all of the distribution and holding period requirements is excludable from your gross income. If you receive a distribution from a Xxxx XXX that does not comply with these rules, the part of the distribution that constitutes a return of your contributions will not be included in your taxable income, and the portion that represents earnings will be includable in your income. For this purpose, certain ordering rules apply. Amounts distributed to you are treated as coming first from your non-deductible contributions. The next portion of a distribution is treated as coming from amounts which have been rolled over (converted) from any non-Xxxx IRAs in the order such amounts were rolled over. Any remaining amounts (including all earnings) are distributed last. Any portion of your distribution which does not meet the criteria for exclusion from gross income may also be subject to a 10% penalty tax. Note that to the extent a distribution would be taxable to you, neither you nor anyone else can qualify for capital gains treatment for amounts distributed from your account. Similarly, you are not entitled to the special five- or ten- year averaging rule for lump-sum distributions that may be available to persons receiving distributions from certain other types of retirement plans. Rather, the taxable portion of any distribution is taxed to you as ordinary income. Your Xxxx XXX is not subject to taxes on excess distributions or on excess amounts remaining in your account as of your date of death. You must indicate on your distribution request whether federal income taxes should be withheld on a distribution from a Xxxx XXX. If you do not make a withholding election, we will not withhold federal or state income tax. Note that, for federal tax purposes (for example, for purposes of applying the ordering rules described above), Xxxx IRAs are considered separately from Traditional IRAs.

  • Distribution of Material A Union-designated employee will have access once per month to their worksite for the purposes of distributing Union information to other bargaining unit employees provided:

  • Staffing Levels to deal with Potential Violence The Employer agrees that, where there is a risk of violence, an adequate level of trained employees should be present. The Employer recognizes that workloads can lead to fatigue and a diminished ability both to identify and to subsequently deal with potentially violent situations.

Time is Money Join Law Insider Premium to draft better contracts faster.