Results 211 to 220 of about 6,261 (265)

Reversal of the Burden of Proof in Fisheries Management

open access: closedScience, 1998
In his research commentary, Dayton argues that decisions in fisheries management should follow the model of the U.S. Nuclear Regulatory Commission or the Food and Drug Administration in which the commercial enterprise must prove that their activity or product does no harm before it can be approved.
Richard O. Smith
openalex   +2 more sources

Article 55 Reversal of burden of proof

open access: closed, 2018
Art 55 UPCA implements Art 34 TRIPs. The rule on the burden of proof contained in Art 54 UPCA would have the effect that the owner of a patent for a procedure (procedural patent) must assert and prove the use of the procedure carried out by the alleged infringer.
Stephan Dorn
openalex   +2 more sources

Unfair Commercial Practices, Digital Asymmetry and Reversal of Burden of Proof

open access: closed
Published online: 06 March 2024 The paper starts from the premise that digital vulnerability is universal, structural, and architectural. Digital vulnerability is to be translated into the legal concept of digital asymmetry, so as to avoid confusion with existing concepts of vulnerability, which build on individual deficiencies in capacity.
Hans‐W. Micklitz
openalex   +3 more sources

Reversal of burden of proof: a tough nut to crack

open access: closedJournal of Intellectual Property Law & Practice, 2010
A. Sadasivam
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Reversing the burden of proof before human rights bodies

The International Journal of Human Rights, 2021
This article considers the allocation of the burden of proof before international human rights bodies, with attention to six different judicial and quasi-judicial bodies – the European Court of Hum...
openaire   +1 more source

Whither the Proof? The Progressive Reversal of the Burden of Proof in Environmental Cases before International Courts and Tribunals

open access: closedJournal of International Dispute Settlement, 2017
Ginevra Le Moli   +2 more
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Can we reverse the burden of proof?

Toxicology Letters, 1997
Ideally, one might wish to reverse the burden of proof in the regulation of chemical substances, so that a substance is regarded as hazardous unless proven non-hazardous. Due to the structure of toxicological knowledge, a full reversal is not practicable. Nevertheless, important steps in the direction of a reversal are both possible and desirable.
openaire   +2 more sources

The Reversal of the Burden of Proof in National Tax Legislation and EU Law Compatibility (Abstract)

open access: closedRivista di diritto tributario internazionale = International Tax Law Review : 2, 2011, 2011
Fabrizio Amatucci
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2020/47 The Danish Supreme Court decides on reversed burden of proof (DK)

European Employment Law Cases, 2020
2020/47 The Danish Supreme Court decides on reversed burden of proof (DK) The Danish Supreme Court recently held that an employer had discharged the reversed burden of proof in a case concerning a physiotherapist who was dismissed shortly after her return from maternity leave.
openaire   +1 more source

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