Detached House in San Sebastian / Brigati – Polak Arquitectos

first_img Argentina Photographs Projects Architects: Brigati – Polak Arquitectos Year Completion year of this architecture project ArchDaily Detached House in San Sebastian / Brigati – Polak Arquitectos Photographs: Ramiro Sosa Manufacturers Brands with products used in this architecture project ShareFacebookTwitterPinterestWhatsappMailOr Clipboard 2017 CopyHouses•Funes, Argentina Detached House in San Sebastian / Brigati – Polak ArquitectosSave this projectSaveDetached House in San Sebastian / Brigati – Polak Arquitectos Year: ShareFacebookTwitterPinterestWhatsappMailOr Clipboard “COPY” Houses Manufacturers: ACCESANIGA, IVANAR (DICO ACEROS S.R.L.), MAERS, MICELI MADERAS, Maderisa S.A.C.I.F.I.A., Rosario Designio, Ángel M. ÁlvarezLand Area:800 m2Built Area:280 m2City:FunesCountry:ArgentinaMore SpecsLess SpecsSave this picture!© Ramiro SosaRecommended ProductsDoorsECLISSESliding Pocket Door – ECLISSE LuceWindowsSolarluxSliding Window – CeroDoorsdormakabaEntrance Doors – Revolving Door 4000 SeriesDoorsSky-FrameInsulated Sliding Doors – Sky-Frame ArcText description provided by the architects. The idea was to generate a large shadow affecting the least amount of soil, as would a tree, spreading with lush foliage over its main stem.Save this picture!Floor PlansSave this picture!© Ramiro SosaIn order to achieve it, the loads rise, where with great robustness it spreads its branches to the north, east and west (but not to the south), thus tripling its surface in relation to the ground floor, and then transferring them in three supports, each one transferring on average one hundred and twenty tons to the ground.Save this picture!© Ramiro SosaThe White interior and ceiling come to cover the musculature that makes all this possible. Reinforced concrete is not a further decision to materialize, it is the seed of the project itself. Could not have been thought of in any other material.Save this picture!© Ramiro SosaThe other preponderant element is glass, blurring the limits, allowing the landscape to advance on the interior, almost prepotent. The program: A single-family detached house with two floors, with the social area on the ground floor and the rest area plus a playroom on the top floor.Save this picture!Model 4Save this picture!© Ramiro SosaProject gallerySee allShow less7 Shout-Outs to Architects in Rap LyricsArticlesBrutalism & Skateboarding: J. Byron-H’s Unique Furniture Inspired by An Odd PairingArchitecture News Share Save this picture!© Ramiro Sosa+ 33Curated by Danae Santibañez Share “COPY” CopyAbout this officeBrigati – Polak ArquitectosOfficeFollowProductsWoodSteelConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesFunesArgentinaPublished on July 23, 2018Cite: “Detached House in San Sebastian / Brigati – Polak Arquitectos” [Casa Exenta en San Sebastián / Brigati – Polak Arquitectos] 23 Jul 2018. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogPartitionsSkyfoldIntegrating Operable Walls in a SpaceGlass3MSun Control Window Film in MarkthalSinkshansgroheBasin FaucetsPaintSTAC BONDComposite Panel Finishes – MetallicsConcreteKrytonConcrete Hardening – Hard-CemSkylightsLAMILUXGlass Skylight FE PassivhausLightsLouis PoulsenOutdoor Lighting – Flindt GardenWindowsVEKAWindows – SOFTLINE 70 ADUrban ShadingPunto DesignPavilion – CUBEDoorsLinvisibileLinvisibile FILO 10 Hinged Door | AlbaWoodHESS TIMBERTimber – GLT BlockGreen FacadesSempergreenLiving Wall – SemperGreenwallMore products »Save世界上最受欢迎的建筑网站现已推出你的母语版本!想浏览ArchDaily中国吗?是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my streamlast_img read more

Ethanol Industry Responds to API’s State of Energy

first_img SHARE Ethanol Industry Responds to API’s State of Energy By Gary Truitt – Jan 7, 2016 Home Energy Ethanol Industry Responds to API’s State of Energy Previous articleChipotle Facing Criminal InvestigationNext articleBrazil Farmers Take Aim at U.S. Crop Insurance Program Gary Truitt TheAmerican Petroleum Institute’s (API) Jack Gerard delivered the 2016 State of American Energy Address. During the presentation he made remarks about the Renewable Fuel Standard(RFS), federal energy legislation that API has been a vocal opponent of since it’s inception in 2007. Citing impediment of environmental improvement and cost to consumer Gerard remarked, “For example, ignoring clear consumer preference and in spite of the current record levels of domestic crude oil production, EPA continues to push the Renewable Fuel Standard, a relic of our nation’s era of energy scarcity and uncertainty.A 2014 Congressional Budget Office study projected that the RFS could raise the cost of fuel prices because “Given the design of the RFS, the cost of encouraging additional sales of high-ethanol fuel falls on the producers and consumers of gasoline and diesel.”What’s more, there is very little consumer demand for high ethanol fuels….It is well past time that we end or significantly amend the RFS.”The ethanol industry responding to API’s continued attack on the RFS. Tom Buis, Growth Energyco-chair said, “API’s ‘State of American Energy’ speech, brought to you by Big Oil, is nothing new. While oil companies talk about the future of energy in this country, they seem fixated on a finite resource and fail to acknowledge that renewable fuels play a critical role in meeting the nation’s growing energy needs.“Year after year, API attempts to drive the narrative that the Renewable Fuel Standard (RFS) must be reformed or repealed. This argument is fundamentally flawed. The claims that renewable fuels will increase the cost of energy or that they are worse for the environment are simply ridiculous. Countless independent studies have shown that renewable fuels like ethanol help drive down the cost of fuel. Furthermore, when it comes environmental damage, no one has a worse record than oil companies. Their record of ecological disasters is extensive and deeply troubling.Between 2008 and 2014, more than 25,000 oil spills accounted for more than 217 million gallons of oil and petroleum based products being dis­charged into U.S. navigable waterways, territorial waters, tributar­ies, the contiguous zone, onto shoreline, or into other waters and land that threaten the environment. That’s an average of more than 30 million gallons spilled a year. In contrast, ethanol is biodegradable and no beaches have ever been closed due to an ethanol spill…API notes the importance of consumers in their speech, yet seems to believe the American consumer is best served by denying them a choice. Furthermore, they attempt to distort the truth saying there is no demand for renewable fuels. Yet major retail chains like Sheetz, Kum & Go, MAPCO and others are adopting higher blends and offering them to consumers and seeing tremendous success and growing demand.The bottom line is that API wants to kill any competition that may threaten their bottom line and record profits….The RFS is a win-win for America, as it is an essential part of a true ‘all of the above’ energy strategy needed to meet the growing energy demands of the 21st century.” (Click here for Buis’ complete remarks.)Renewable Fuels Association (RFA) President and CEO Bob Dinneen soundly rejected API’s claims. “I’m not sure what reality Jack is living in, but it is clear that he believes API’s actions and policies are making our nation more energy secure when nothing could be further from the truth. Perhaps he has convinced himself that fracking will provide the answer to all of our nation’s energy needs. What Jack conveniently failed to mention is that as oil prices have crashed, so has the rig count. The number of active U.S. oil rigs has plunged 67 percent from its peak in 2014. Last week’s rig count was actually the lowest since May 2010, according to the oil field services firm Baker Hughes. If Jack spent time living in the real world, instead of his revisionist reality, he would find himself whistling past the graveyards of shuttered wells that have been abandoned in the bust that inevitably follows a temporary boom of an oil well.Even though U.S. oil production has risen in recent years, U.S. refiners still import a substantial amount of crude oil. In 2015, U.S. refiners processed roughly 16 million barrels per day, while crude oil imports averaged about 7.3 million barrels per day. This means that roughly 45 percent of the oil processed by U.S refineries came from imports. And about one-third of our nation’s imports came from OPEC nations with Russia and Columbia also serving as major suppliers.The fact is our nation needs domestically-produced clean burning renewable fuels now more than ever. Ethanol plants strengthen communities, they do not abandon them. Ethanol jobs are as stable and renewable as the fuel itself. Jack needs to wrap his arms around the fact that the era of unconstrained energy consumption is the real relic, and no longer exists. Renewable energy resources like ethanol provide the only real hope of a more sustainable energy, environmental, and economic future.”Iowa Renewable Fuels Association Executive Director Monte Shaw responded, “Nothing new today from Big Oil. API continues to defend its special tax preferences while attacking the RFS. You can’t help but laugh when API wraps themselves in the banner of market competition while advocating just the opposite. They’ve done that for so long you get the feeling they actually have started to believe their own false rhetoric.Big Oil simply does not want consumers to have the choice of higher ethanol blends because oil can’t compete in a free market. Ethanol blends are cheaper, cleaner, and higher octane. Ask the pioneering retailers who give their customers a choice and the picture is clear – consumers prefer cheaper, cleaner E15 and E85.Despite API’s claims that its oil monopoly worldview is gaining political support, the facts on the ground are clear. First, the only vote in Congress to repeal the RFS failed by a 2 to 1 margin in the Senate Banking Committee. And here in Iowa, 12 out of the 14 candidates running for president have pledged to – at a minimum — support the Congressional RFS schedule through 2022 and to insist on a level playing field thereafter. Quite frankly, we are likely closer to the end of Big Oil’s Century of Subsidies than to API’s goal of repealing the RFS.” SHARE Facebook Twitter Facebook Twitterlast_img read more

New-look defense shuts down Southern

first_imgTCU rowing program strengthens after facing COVID-19 setbacks Ty Summers transitioned into his role as right defensive end Saturday against Southern. Photo by Cristian ArguetaSoto. Linkedin Another series win lands TCU Baseball in the top 5, earns Sikes conference award Robbie Vaglio Linkedin Previous articleThe Skiff: August 30, 2018Next articleVolleyball suffers first loss of season to Florida State Robbie Vaglio RELATED ARTICLESMORE FROM AUTHOR ReddIt printTy Summers transitioned into his role as right defensive end today. Photo by Cristian ArguetaSoto.Head coach Gary Patterson sent a youthful defensive unit onto the field for Saturday’s contest against Southern University.Defensive linemen L.J. Collier and Joseph Broadnax were held out of the season opener due to “disciplinary reasons,” according to Athletic Director Jeremiah Donati. Along with Ross Blacklock’s season-ending Achilles injury, Patterson said the team was without three of their starting four defensive linemen.Safety Niko Small said the team had no doubts despite going into the game without two major contributors on the defensive line and said it was “a better look at where we are and where we need to be.”The new-look defense proved to be up for the task. TCU limited the Jaguars to 185 yards of total offense, and 55 of those yards came from one play.The Horned Frogs were missing three starting defensive linemen Saturday against Southern. Photo by Cristian ArguetaSoto.“I think our defense played well,” linebacker Garrett Wallow said. “We’re a humble team, so I know we have a lot more improvement to do. I think we played very good as a whole unit.”Patterson’s defensive squad allowed an average of 3.2 yards per play and just nine total Jaguar first down. The Horned Frogs defense also forced nine punts to go along with three turnovers.Safeties Ridwan Issahaku and Innis Gaines each picked off Southern’s quarterback John Lampley and linebacker Ben Wilson recovered a fumble late in the game.Southern recorded their first and only score of the ballgame while trailing 31-0, tricking the defense with a play-action pass and catching Small off-guard.“We lost our focus,” Patterson said, “so I helped them regain their focus at halftime.”Small called it a “coverage bust.”“[Coach] expects perfection and we expect it as well,” Small said. “When it’s not perfect, he gets a little agitated and we get agitated, too, so we know we have to live up to that expectation.”Patterson played his first group for roughly half of the game, leaving the rest of the contest to give the second and third groups experience.Despite losing three key players, TCU’s defense limited Southern to only seven points. Photo by Cristian ArguetaSoto.“I think it was great for our guys to get their feet wet and understand the pace of the game,” Small said. “We have some players, they all came out here and did what they are supposed to do.”Defensive ends Brandon Bowen and Ochaun Mathis as well as linebacker Alec Dunham were three of those players with little experience who made an impact on Saturday’s game.Dunham recorded five total tackles, including one for loss. Mathis’ three total tackles were good for third-most on the team.“I was very proud of the young guys,” Small said. “They got in there, we were all a little excited, but they understood the pace of the game and did what they needed to do. They handled themselves well.”A short week stands between the Horned Frogs and SMU next Friday. Small said the rushed week will not affect the team’s preparation.“We have to rush things a little bit more with the short week,” Small said. “The game plan will still be the same for us either way though.”Kickoff in Dallas is scheduled for 7:00 p.m Friday. Robbie Vaglio Snow temporarily stepping down as honors dean Facebook Facebook What to watch during quarantine Twitter ReddIt TCU wants ex-professor’s discrimination suit dismissed Robbie Vaglio I am the executive editor of TCU 360 from Raleigh, North Carolina. If you walk by my desk in the newsroom you’ll immediately know I’m Post Malone’s biggest fan. I’m always looking for a good story to tell! If you have any story ideas, feel free to reach out! Go Panthers! + posts Robbie Vaglio Robbie Vaglio Twitter Two students joined harassment and discrimination lawsuit against TCU TCU baseball finds their biggest fan just by saying hellolast_img read more

Soccer suffers first loss of season

first_img Nick Stephens + posts Linkedin High school hoops: Paschal and FWCD fall, Arlington Heights wins road tilt Linkedin Nick Stephens Nick is a senior journalism student from Cleveland, Ohio. He covers the TCU soccer team for TCU 360. Nick is an honors student and is minoring in music. High school hoops: FWCD falls, Paschal and Arlington Heights win nail-biters High school hoops: Paschal and Arlington Heights win, struggles continue for Country Day Previous articleESPN’s ‘The Undefeated’ writer visits campus, talks media coverage on Nike, Kaepernick adNext articleHoroscope: September 17, 2018 Nick Stephens RELATED ARTICLESMORE FROM AUTHOR High school hoops: Arlington Heights and Country Day lose, Paschal survives ReddIt Tayla Christensen puts in a cross against Stephen F. Austin on August 24, 2018. Photo by Jack Wallace. Nick Stephens Nick Stephens Twitter Another series win lands TCU Baseball in the top 5, earns Sikes conference award Facebook TCU baseball finds their biggest fan just by saying hello Facebook Twitter ReddIt TCU rowing program strengthens after facing COVID-19 setbacks Nick Stephens printAfter a seven-game win streak to start the season, TCU soccer suffered its first loss of the season Thursday against No. 7 Santa Clara, 3–0.The Broncos proved too much for the Horned Frogs, breaking down a TCU defense that went 398 minutes without allowing a goal.TCU started the match strong, but Santa Clara recovered well and took the lead in the 24th minute with a goal from midfielder Skylar Smith.Tayla Christensen puts in a cross against Stephen F. Austin on Aug. 24, 2018. Photo by Jack Wallace.The Broncos doubled their lead in the 39th minute when forward Julie Doyle headed home a long cross. They added another goal in the 60th minute courtesy of midfielder Maddy Gonzalez.A bright spot for TCU was goalkeeper Emily Alvarado, who made a career-high seven saves and kept the Horned Frogs in the game in the first half.Next up for TCU is a home match against the Butler Bulldogs, No. 23 in the United Soccer Coaches Poll. Kickoff is set for Sunday at 1 p.m.last_img read more

Spain arrests 80 in 3 nights of riots over rapper’s jailing

first_img TAGS Twitter WhatsApp WhatsApp Facebook Pinterest Facebook Spain arrests 80 in 3 nights of riots over rapper’s jailing Pinterest Local NewsUS NewsWorld News By Digital AIM Web Support – February 18, 2021 Twitter Previous articleBedroom design trends: 3 tips to cozy up your spaceNext articleMarta scores as Brazil defeats Argentina 4-1 Digital AIM Web Supportlast_img read more

3 people arrested following high speed cross border chase

first_img LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton Police in Foyle have made three arrests after a vehicle made off from a routine checkpoint on Strand Road shortly after 11.30am yesterday, but details are only emerging now.A stinger device was used to try and stop the car at the Expressway however the driver continued to evade police, at times driving in a highly dangerous manner.At one stage the offending vehicle rammed a police car before crossing over the border into Donegal.The car returned to the city a short time later and was located by police in Leafair Park and three arrests made.Two men and a woman, all in their 20s, are continuing to help police with their enquiries. Pinterest Facebook Almost 10,000 appointments cancelled in Saolta Hospital Group this week Pinterest News Twitter 3 people arrested following high speed cross border chase By News Highland – June 20, 2013 Calls for maternity restrictions to be lifted at LUH WhatsAppcenter_img Google+ Twitter Guidelines for reopening of hospitality sector published RELATED ARTICLESMORE FROM AUTHOR Three factors driving Donegal housing market – Robinson Previous articleDecision not to sell off harvesting rights welcome – Senator HarteNext articleMcFadden ready for Down Challenge News Highland WhatsApp Google+ Facebook Business Matters Ep 45 – Boyd Robinson, Annette Houston & Michael Margeylast_img read more

West Donegal councillor pledges renewed campaign to replace Motorised Transport Grant

first_imgHomepage BannerNews Facebook RELATED ARTICLESMORE FROM AUTHOR Pinterest Google+ Google+ Twitter By News Highland – February 17, 2015 Man arrested in Derry on suspicion of drugs and criminal property offences released PSNI and Gardai urged to investigate Adams’ claims he sheltered on-the-run suspect in Donegal HSE warns of ‘widespread cancellations’ of appointments next week A Glenties area councillor has renewed his campaign to have the Motorised Transport Grant restored or replaced. Cllr John Shemais Ó Fearraigh says it’s two years since the grant, which was paid to people with disabilities in order to help them travel to work, was formally stopped by the HSE.He says MInister Kathleen Lynch promised at the time that the issue would be addressed, but that hasn’t happened, and now many people with disabilities in Donegal find it difficult to take employment because of the transport costsCllr O’Fearraigh says Deputy Pearse Doherty will be raising the issue in the Dáil this week, and the campaign will be stepped up…………Audio Player Up/Down Arrow keys to increase or decrease volume.center_img West Donegal councillor pledges renewed campaign to replace Motorised Transport Grant Twitter Facebook Dail to vote later on extending emergency Covid powers Dail hears questions over design, funding and operation of Mica redress scheme Previous articlePhilip Deignan in Arabia for Tour of OmanNext articleElding to make Derry bow tonight News Highland WhatsApp WhatsApp Pinterest Man arrested on suspicion of drugs and criminal property offences in Derrylast_img read more

Patents & Pandemics: Assessing The Compulsory Licensing Regime In India

first_imgColumnsPatents & Pandemics: Assessing The Compulsory Licensing Regime In India Dr. Victor Vaibhav Tandon And Dr. Akanksha Wadehra Tandon1 May 2020 9:35 PMShare This – xThe Covid-19 pandemic has, among other things, brought into focus the role of patent law in innovation and in ensuring affordable access to medicines and healthcare. The patent system has often been accused of, inter-alia, reducing access to affordable drugs, of giving monopolistic power of controlling prices to big pharma, and of incentivizing profiteering instead of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Covid-19 pandemic has, among other things, brought into focus the role of patent law in innovation and in ensuring affordable access to medicines and healthcare. The patent system has often been accused of, inter-alia, reducing access to affordable drugs, of giving monopolistic power of controlling prices to big pharma, and of incentivizing profiteering instead of real innovation. Pro-patent lobbyists, especially the pharmaceutical sector, have maintained that patents help them recover the huge costs of R&D and attract investments. Anti-patent lobbyists, on the other hand, point to the real and potential harm that is, and can be, caused to both affordable access and collaborative innovation by low-quality patents, especially in a TRIPS-plus world where lower thresholds of patentability and patent eligibility are being pushed as the new normal. Be that as it may, a time of crisis might, quite ironically, be a good time to look at some of the provisions in Indian patent law that can help check the abuse of the patent system and promote affordable access to healthcare. One of the several such mechanisms is the Indian compulsory licensing regime, particularly sections 84 and 92 thereof. It needs to be pointed out that compulsory licenses in India are technology neutral and are not specific to the pharmaceutical sector. However, thus far, all the three cases pertaining to compulsory licenses have involved pharmaceutical drugs. And only one of them has led to the successful grant of a compulsory license (See, the Sorafenib Tosylate dispute (Natco Pharma v. Bayer at That is just one grant in seventeen years since the time the new compulsory licensing regime was introduced in 2002. However, during a public health crisis, the questions of affordable access to adequate number of existing kits and medicines as well as continued access to potential medicines and vaccines are always going to be critical. Hence, it is expected, that, unless patentees considerably increase production and reduce their profit margins drastically, compulsory licensing provisions might just play a critical role in the months to come. COMPULSORY LICENSES: FROM PARIS TO TRIPS & INDIA Patent rights are not just for the benefit of the innovator. Patents also enable disclosure of innovations and are supposed to ensure socio-economic development of the granting country. However, being monopolistic rights, patents are equally susceptible to abuse by the patentee. Consequently, patent systems need to have in-built mechanisms to control potential abuses of patent rights. Compulsory licensing is one such mechanism. Internationally, this mechanism finds sanctity from the Paris Convention on Industrial Property as well as from Article 31 of WTO-TRIPS. The Indian compulsory licensing regime is heavily influenced by both these international IP instruments, thus making our law compliant with both. Interestingly, TRIPS does not ever use the phrase compulsory license but Article 31 titled “Other Use Without Authorization of the Right Holder” is considered as laying down the requirements for grant of such a license. COMPULSORY LICENSES: THE GROUNDS IN INDIA Under section 84 of the Indian Patents Act, any person interested can apply to the Controller of Patents for grant of a compulsory license. But this can be done only after the expiry of at least three years from the date of grant of the patent concerned. Section 2(1)(t) defines a “person interested” as including “a person engaged in, or in promoting, research in the same field as that to which the invention relates”. Such interested applicant must, in order to obtain such a license, establish any one or more of the following three grounds, Reasonable requirements of the public with respect to the patented invention are not satisfied, orThe patented invention is not available at a reasonably affordable price, orThe patented invention is not worked in the territory of India Reasonable Requirements: Section 84(7) of the Patents Act deals extensively with scenarios in which “reasonable requirements of the public” will be deemed as not satisfied. One such scenario is when the demand, for say a drug, far exceeds the supply. For assessing this parameter, the supply by patentee and its authorised licensees alone can be taken into account. It remains to be seen on the basis of facts and evidence, whether in case of a pandemic, any patentee together with its authorised licensees can actually meet the domestic demand for drugs, vaccines or diagnostic kits. Reasonably Affordable Price: Generally, patentees tend to keep the price of innovator drugs substantially high. However, considering that in case of a public health crisis, affordability is a major consideration, this can perhaps be a strong ground for any prospective applicant for compulsory license who is willing to offer the patented invention at a much cheaper price. Working of patent in India: It is arguable as to whether working of patent should mean that invention should be manufactured in India or whether imports alone can suffice for the purpose of working. Interestingly, a division bench of Delhi High Court, in Cipla v. Novartis (2017(70) PTC 80 [Del][DB]) has held that “a patent can be worked in India even through imports” provided they are of a sufficient quantity to meet the demands for the invention. However, it is questionable if mere importation should qualify as working. One of the expectations from a patent system is that grant of patents must generate employment and boost local manufacturing industry in the granting country. Viewed from this perspective, holding mere importation as sufficient for working seems to be erroneous. OTHER FACTORS FOR GRANT OF COMPULSORY LICENSE While dealing with an application for compulsory license, the Controller is expected to consider the following factors, as per section 84(6), Nature of the InventionTime elapsed since sealing/grant of patentMeasures taken by patentee/licensee(s) to make full use of the inventionAbility of the applicant to work the invention to full public advantageCapacity of applicant to undertake risk of capital and working the inventionPre-Application negotiations between applicant and patentee for a voluntary license on reasonable terms and conditions, with possibility of waiver of this requirement in certain conditions Also, Controller is not required to consider any factors subsequent to the making of application for compulsory license. It should be noted that a compulsory license needs to be granted on certain terms and conditions. Some of these are enumerated in section 90. Illustratively, any granted compulsory license is non-exclusive and non-assignable. In terms of time frame, the pre-application negotiations between patentee and applicant seem to be the most important. The applicant must make an offer for voluntary license and conduct bonafide negotiations with patentee for “a period not ordinarily exceeding” six months. If the negotiations don’t result in a license within six months, an application for compulsory license can be made. Of course, thereupon, the Controller has to hear the parties and decide whether the compulsory license should be granted or not. However, this requirement of negotiation can be waived in the following cases, National Emergency, orOther Circumstances of Extreme Urgency, orPublic Non-Commercial Use, or Establishment of a ground of anti-competitive practices adopted by the patentee Amongst these, the first two are of particular interest in a public health crisis. Can a health crisis or a pandemic qualify as a national emergency or a circumstance of Extreme Urgency? At least the Doha Declaration (Doha Ministerial Declaration on TRIPS and Public Health accessible at believes that it can. THE DOHA DECLARATION, PUBLIC HEALTH AND INFLUENCE ON INDIAN PATENT LAW The Declaration emphasises that “TRIPS Agreement does not and should not prevent Members from taking measures to protect public health” and consequently, TRIPS “can and should be implemented in a manner supportive of WTO Members’ right to protect public health and, in particular, to promote access to medicines to all”. Further, the declaration, which can be said to have attained the status of customary international law, states, in context of compulsory licenses, in its paragraph 5 that, “Each Member has the right to determine what constitutes a national emergency or other circumstances of extreme urgency, it being understood that public health crises, including those relating to HIV/AIDS, tuberculosis, malaria and other epidemics, can represent a national emergency or other circumstances of extreme urgency.” Therefore, in case of a public health crisis or a pandemic, it is quite possible to waive the negotiation requirement discussed above on ground of national emergency or extreme urgency. Further, the influence of Doha is clearly present in section 92 of Indian Patents Act. It allows the central government to simply issue a gazette notification declaring that “compulsory licenses should be granted” for any patented invention “at any time after the sealing” of patent “in circumstances of national emergency or in circumstances of extreme urgency or in case of public non-commercial use”. Interestingly, in these circumstances the otherwise mandatory waiting period of three years from the date of grant of patent is also waived off. Any interested person can simply apply for a compulsory license post the gazette notification and the Controller will have to grant the license. It also appears that none of the three grounds of section 84 discussed above need to be proven in order to obtain a compulsory license under section 92. The mere existence of a government notification is enough as a reason to grant the compulsory license. Also, to hasten the grant in case of “public health crisis”, the procedure of hearing both the patentee and the applicant under section 87 can be done away with by the Controller (see, section 92(3)). Therefore, in such exceptional circumstances, the patentee will have no say in the grant of a compulsory license and needs to be only informed of any such grant. THE WAY FORWARD It appears that in case of a pandemic like Covid-19, for existing patents, a compulsory license can be obtained under section 84. Alternatively, the government can issue a notification under section 92 facilitating the easy and early grant of compulsory licenses. It should be noted that compulsory licensing regime applies only to existing patents. For inventions (drugs or vaccines) for which patent might be applied for in the future or for which patent applications are pending, other strategies will have to be seen.Views Are Personal Only(Dr. Victor Vaibhav Tandon is an IP attorney and regularly advises clients on pharmaceutical patent matters , Dr. Akanksha Wadehra Tandon is an academician and a registered patent agent) Next Storylast_img read more

Custodial Death Of 16 Yr Old Boy: Bombay HC Grants Rs 5 Lakh Compensation To Victim’s Father

first_imgNews UpdatesCustodial Death Of 16 Yr Old Boy: Bombay HC Grants Rs 5 Lakh Compensation To Victim’s Father Sparsh Upadhyay14 Dec 2020 6:05 AMShare This – xThe Bombay High Court (Aurangabad bench) recently granted ex-gratia compensation of Rs 5 lakh to the father of a 16-year-old boy, who died in the custody of Shirdi police station in March, 2016. The Bench of Justice Tanaji V. Nalawade and Justice Shrikant D. Kulkarni concluded that it was a case of custodial death at the hands of police officials of Shirdi Police…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Bombay High Court (Aurangabad bench) recently granted ex-gratia compensation of Rs 5 lakh to the father of a 16-year-old boy, who died in the custody of Shirdi police station in March, 2016. The Bench of Justice Tanaji V. Nalawade and Justice Shrikant D. Kulkarni concluded that it was a case of custodial death at the hands of police officials of Shirdi Police Station. The case before the Court The petitioner (father of the deceased boy) sought ex gratia compensation to the tune of Rs.10 lakhs on account of custodial death of his son namely Kiran Rokade. Also, a direction was sought for the State to register F.I.R. against the concerned guilty police officials in respect of custodial death of Kiran and add offence under Section 302 of Indian Penal Code in F.I.R. as against them and further direct the Superintendent of Police, Ahmednagar to initiate departmental enquiry against the guilty police officials. According to the petitioner, in March 2016, about 11.00 a.m., the temple protection Police Officers caught his son Kiran on the suspicion of pick-pocketing and thereafter, the officials of the Shirdi Police Station assaulted him brutally and killed him. According to the petitioner, Kiran was only 15 years old and could not have been arrested and kept in the custody and the parents or relatives of Kiran were not informed in respect of his custody. It was alleged that there was no entry in the concerned register, no arrest panchnama was conducted, C.C.T.V. cameras were deliberately switched off and dead body was taken to the hospital and thereafter, the concerned Officer ran away. After long persuasion, Crime No. 235/2016 for the offences punishable under Sections 342 and 306 read with Sec.34 of the Indian Penal Code came to be registered on 12.12.2016 against the concerned police officials and the investigation was entrusted to Dy. Superintendent of Police, C.I.D. Nashik. It was informed to the Court that the charge-sheet has been filed against the above said Police Officers in respect of custodial death of son of the petitioner. Court’s order Having regard to the above factual scenario, the Court noted that it was crystal clear that Kiran Rokade died in police lock up and thus, the Court held that his death fell in the category of custodial death. The Court further said that it need not require going into arena whether the death of Kiran Rokade was homicidal or suicidal and who were responsible Police officials for such custodial death as the criminal law had been put in motion and charge-sheet had been filed. Noting that the guidelines laid down by the Apex Court in the case of D.K. Basu Vs. State of West Bengal and ors. was completely violated by the concerned Police Station Officer and the police officials sub-ordinate to him, the Court said, “No enquiry was conducted about the age of Kiran Rokade, whether he was juvenile and straightway put up him in the lock up which unfortunately resulted into his custodial death.” The Court further remarked, “The State is responsible for ex gratia compensation. It is a case of violation of Article 21 of the Constitution of India. The petitioner has lost his son Kiran at a very tender age, who could have helped him for long years to go.” Importantly, the Court said, “The custodial violence is always been a matter of great concern for all civilized societies. There must be great degree of sensibility amongst the police officials who are in authority with regard to the persons, who are arrested and kept in custody.” For the purpose of assessing ex gratia amount to be awarded to the petitioner on account of custodial death of his son, the Court relied on the Apex Court’s ruling in the case of Sarla Verma (Smt.) and ors., Vs. Delhi Transport Corporation and anr., (2009) SCC 121. The Court remarked that the multiplier applied therein with notional income per year needs to be considered as a guiding factor. Lastly, the Court said that the prayer for ex gratia compensation of Rs.5 lakhs needs to be granted to unfortunate father/petitioner. The Court directed the State to deposit, within 45 days, initially ex gratia compensation of Rs. Five lakhs in the Court. Case title – Ashok Kondaji Rokade v. the State of Maharashtra and others [Criminal Writ Petition No. 1548 OF 2016] Click Here To Download OrderRead OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Investigation finds potatoes being mislabelled in Donegal

first_img Previous articleHomeowners urged to protect properties against opportunist burglarsNext articleIrish Water to address ‘foul odour’ from Buncrana treatment plant News Highland Investigation finds potatoes being mislabelled in Donegal Facebook WhatsApp Facebook Pinterest Twitter AudioHomepage BannerNews Concern has been raised over the mislabelling of potatoes in the North West.Following an investigation by the Irish Farmers Journal, its been revealed that potatoes being sold under the ‘Queens’ brand in some outlets in Donegal were, following testing, revealed to be the accord variety which is more commonly grown in England.After a follow-up visit, it was discoverd that potatoes being sold elsewhere in the county as ‘Queens’ were also found to be of the accord variety while the labelling on the packaging was discovered to be in breach of regulations with vital information omitted.Stephen Robb is Tillage reporter with the Irish Farmers Journal:Audio Player Up/Down Arrow keys to increase or decrease volume. Google+ WhatsApp Google+center_img Pinterest Community Enhancement Programme open for applications Important message for people attending LUH’s INR clinic Loganair’s new Derry – Liverpool air service takes off from CODA News, Sport and Obituaries on Monday May 24th By News Highland – September 6, 2018 Twitter Arranmore progress and potential flagged as population grows RELATED ARTICLESMORE FROM AUTHOR Nine til Noon Show – Listen back to Monday’s Programme last_img read more