The metaverse presents the fashion industry with unprecedented commercial possibilities, yet its transnational, decentralized, and jurisdictionally indeterminate architecture demands measured and deliberate engagement from brands, consumers, and regulators alike. This thesis contends that a sustainable and equitable trajectory is contingent upon the principled alignment of intellectual property protections, regulatory frameworks, and consumer rights. Existing intellectual property doctrine proves structurally inadequate to govern digital goods, non-fungible tokens, and virtual assets within an environment defined by interoperability failures, traceability deficits, pseudonymous transactional infrastructure, and the foundational decentralization of blockchain-based platforms. The governance imperative extends well beyond the protection of incumbent commercial interests. Coherent metaversal intellectual property frameworks carry profound social, cultural, and institutional significance – safeguarding cultural communities from digital appropriation, redressing the informational asymmetries embedded in smart contract transactions, and cultivating the conditions under which independent digital creativity can flourish without systematic disadvantage. This thesis maintains that effective governance cannot merely analogize from conventional intellectual property frameworks to virtual environments, nor can it simply transpose the enforcement paradigms developed for the early internet onto a space that is architecturally, commercially, and experientially distinct. It must instead navigate the compounding doctrinal challenges of omniterritoriality, platform interoperability, pseudonymous traceability, and structural decentralization. The progressive blurring of physical and virtual extended realities will require genuine global multilateral partnership, coordinated intergovernmental engagement, and a willingness to treat the governance architecture of the metaverse as a problem of institutional design rather than doctrinal extrapolation. Most critically, the framework must be prospective rather than reactive, internationally coordinated rather than territorially fragmented, and constitutively embedded with values of equity, access, and transparency as foundational commitments from which the architecture of metaverse IP governance is built – and against which its legitimacy will ultimately be measured.
The commercialisation of digital content has prospered in the past few years, with the concept of non-fungible tokens (NFTs) coming up and capturing the attention of everyone. However, the interplay between physical and digital goods introduces complexities and challenges in determining the scope of trademark protection. The emergence of the concept of the virtual environment, or ‘metaverse’, which is thought to be a medium for trademark infringement, further complicates this situation. Against this background, this article concentrates on whether the trademark framework applicable in the real world can be transposed to the NFTs and virtual goods in virtual spaces (VGIVS). <br><br>The thesis analyses this issue by first discussing the establishment of NFT-related trademark rights, i.e., the registration and use of trademarks. The article identifies the risk of an unduly broad monopoly and suggests issuing further guidelines to fill the gap. It also points out the current ambiguity and best practice on the demonstration of trademark use. <br><br>It also focuses on trademark infringement in virtual environments. Through the analysis of the landmark case of Hermès Int’l v Rothschild (the MetaBirkins case), this thesis captures the hybrid nature of VGIVS, which can usually be both expressive and commercial. The expressiveness in the VGIVS is protectable and the Rogers test can be applied to different types of VGIVS. To better reflect the characteristics of the virtual space and VGIVS, it proposes a refined ‘reasonable expressiveness’ threshold test specifically in the context of virtual environments, considering the content of use, the context of use and the type of product to determine if a work in the virtual environment is protectable under the Rogers test. Additionally, it clarifies the Jack Daniel’s impact on the free creation in the virtual space and reconsiders the likelihood of confusion in light of virtual spaces.
Carmen María Fernández García, Mercedes Inda, María Paulina Viñuela Hernández
Abstract This chapter uses a three-stage process of documentary analysis to illustrate how teaching effectiveness is assessed and studied in Spain. We begin by presenting the Spanish legal context, giving a historical overview of the most important education legislation. This is important, as there have been several reforms over recent years, and because of the decentralized model in Spain, which means that competencies and responsibilities are split between the Ministry of Education, Culture, and Sport and the regional administrations in the autonomous communities. The second part focuses on educational innovations and effective teaching behaviors resulting from policy changes and the traditional and dominant paradigms in the Spanish educational landscape. We use the six teaching effectiveness domains from the ICALT project as a reference: safe learning climate, efficient classroom management, clarity of instruction, activating teaching, teaching-learning strategies, and differentiation. The third part describes empirical research undertaken in three autonomous communities in Spain to assess teaching quality. We look at organizational, human, and curricular factors which can help in interpreting teaching standards and their impact on student engagement. Finally, the conclusions from the research are considered and discussed in terms of potential policy recommendations and practical decisions at both regional and national levels about teachers’ initial training, continued training, and professional development.
Multiculturalism as the coexistence in the same society of persons from different cultures poses a challenge to our contemporary societies. The role of education is basic to face the opportunities and potential problems of multiculturalism. In Spain educational system is decentralized, therefore, the different autonomous regions can establish laws related to education within their territories. The model of multicultural education in Castilla La Mancha is directly related to social cohesion and has a commitment to inclusive education. This implies the transformation of teaching practices, as well as changes in the schools' culture and organization. Intercultural education pursues equity, intercultural competence, social transformation and the fight against discrimination. An inclusive school is characterized by a high commitment of teachers and a positive attitude towards heterogeneous groups, because they are the reflection of our society. This will result into an effort to offer human, material or technical, support in the ordinary classroom. / Keywords: multiculturalism, social change, education, educational inclusion
This article proposes an evolutionary study of a basic institution in regional educational administration within the boundary of the Autonomous Region of Andalusia, The Education Council, within the first stage of its coming into operation. It started with a set up which was typical of the beginning of decentralization derived from the autonomous State and it was characterized by the scarcity of attributions, by how provisional it was and by the effort to endow the Andalusian government with certain importance, until the end of a period that was marked by a reform of the Spanish educational system (LOGSE), with evident administrative and organizational consequences in all the autonomous regions. During the period studied (1982-1990) the Council is ruled by a model of functional “departmenting”, where activities are grouped according to the fundamental duties to be carried out in order to achieve the proposed objectives.
Los estudios comparativos han sido el objetivo de los gobiernos y de\nlas organizaciones multilaterales, adquiriendo cada vez más relieve en el\nactual proceso de globalización. En la evaluación de las políticas, especialmente\nlas educativas, la comparación se utiliza para delimitar los parámetros\nde calidad y los modelos de eficiencia. Este artículo tiene como objetivo\npresentar un estudio de las políticas en materia de formación y\ndesarrollo profesional para profesores de enseñanza secundaria de España\ny Brasil, con las categorías de análisis de la descentralización, la financiación, la evaluación y \ncambios del perfil del profesor, bajo la influencia\nde los procesos de globalización y reforma del Estado en la educación,\ncon el fin de identificar las tendencias en curso.
In this paper we describe and evaluate recent changes in the Spanish public programs that foster training among the Spanish active population. The analysis updates and complements the Martínez-Lucio and Stuart study of 2003 in this journal because it covers certain aspects related to training not considered there, especially those relating to public policy. Our analysis may also be useful for other countries that have similar characteristics to those of the Spanish training system, such as a high degree of administrative decentralization, a tripartite organization (involving public authorities and social agents) as well as a supply-driven and demand-driven training differentiation. Spain is located in southwestern Europe. Its mainland is bordered to the north by France and to the West by Portugal. In 2008 the population of Spain reached 46.2 million people. With the exception of Madrid, the capital area, the most populated areas lie around the coast. Life expectancy is 82.2 years for women and 77.8 years for men. The basic political units in the territorial distribution are the municipalities (there are 8,112), provinces (50) and regions (17).1 The last named have some political responsibilities because Spain is quite similar to a Federal State. In 2008 Spain was the eighth largest economy in the world, according to nominal gross domestic product (GDP). This was 1,095 million euros. GDP per capita was 24,020 euros. In fact, Spanish GDP per capita was 5.5 per cent above the average of the 27 states of the European Union (EU). The percentage of employed people by productive sector is as follows: agriculture (4 per cent), construction (12.1 per cent), industry (15.8 per cent) and services (68.1 per cent). The 2008 annual average rate of change in the Consumer Price Index was 1.4 per cent (being 1.6 per cent in the Euro area), but it has reached negative figures in 2009, as in most Western economies. Thus, Spain presents good figures in life expectancy, GDP and inflation. Its main economic problems are unemployment and current external deficit. Related to the former, in the second quarter of 2009, the active population was 23 million and the employed 18.9. Therefore, there were 4.1 million unemployed workers. The rate of unemployment was 17.9 per cent, more than double the EU average unemployment rate (8.3 per cent). Although Spain managed to reduce its unemployment level from 24 per cent in 1994 to 8 per cent in 2007, the rate of unemployment has increased sharply in the present economic crisis. With regard to the current external deficit, the accumulated deficit in 2008 increased to 104,664 million euros (9.6 per cent of GDP, one of the highest in the world in relative terms). The Spanish educational system has the following levels: pre-primary, primary, secondary education, which includes lower secondary (named Educación Secundaria Obligatoria) and upper-secondary education, either academic (bachillerato) or vocational [ciclos formativos de grado medio (CFGM)], and higher education [professional, named ciclos formativos de grado superior (CFGS) and university]. Compulsory education comprises primary and lower secondary (from 6 to 16 years old). Pre-primary education is organized in two cycles of 3 years each for children aged 0–6 years old. Primary education includes six academic courses (for students between the ages of 6 and 12). Lower secondary education has four courses, and it is expected that at the end, 16-year-old students finish compulsory education. However, in Spain, around 30 per cent of students fail to satisfactorily complete their compulsory education. Pupils who succeed in compulsory education may follow the academic track (bachillerato) for 2 years or vocational education (CFGM). To enter CFGS pupils must have satisfactorily finished bachillerato; however, there are specific exams to enter both vocational levels for those without the required academic degrees. Because of the implementation of the European higher education area, nowadays university studies (named grado) have a duration of four courses (with some exceptions) and substitute previous licenciatura (5 years) and diplomatura (3 years). Students have to pass a national exam to enter university, although for some groups there are also other ways to get in, such as for those over 25 or those who graduated from CFGS. Finally, university graduate students may attend masters and doctorate courses. In 2008 there were 7.2 million pupils in non-university studies, 36.4 per cent of whom were in private centers (around 80 per cent in private, publicly funded or ‘concerted’ schools). Thus, Spain is one of the countries with the highest percentage of students in private centers, especially because of the ‘concerted’ schools (Escardíbul & Villarroya, 2009). Moreover, there were 1.4 million university students (10 per cent in private institutions). In 2006, public expenditure on education amounted to 4.3 per cent of GDP (the EU average was 5.1 per cent). Training programs, together with vocational education, have constituted a unified system of vocational education and training since the 1990 Educational Act. The training system is made up of a scheme for training for the unemployed (traditionally called occupational training) and training for employed individuals (continuous training). The two types of training were originally independent, but they were merged in 2007 through the Royal Decree 395/2007. The merged system is governed by the Ministry of Labor and Immigration (MLI), which establishes a common legal framework for the whole country and has management responsibilities. Since the 1990s, however, regional governments known as Autonomous Communities (ACs) have also taken on some responsibilities for training. In addition, social agents also take part, especially in continuous training. The completion of vocational education leads to vocational degrees (títulos profesionales), whereas finishing occupational and continuous training may lead to professional certificates (certificados de profesionalidad). Both are linked through the National Catalog of Professional Qualifications (Catálogo Nacional de Cualificaciones Profesionales), which today contains 390 qualifications. Training for the unemployed comprises a general Plan for Training and Professional Insertion (Plan Nacional de Formación e Inserción Professional or ‘FIP’ Plan), established in 1993, as well as working/training programs (focused on services of social interest) such as school workshops (Escuelas Taller) and trades centers (Casas de Oficios) for younger unemployed individuals and employment workshops (Talleres de Empleo) for those over 25. Working/training programs last from 6 months to 2 years. Training programs for the employed started to be implemented in 1993, when the Foundation for Continuous Training (Fundación para la Formación Continua, FORCEM) was created as a result of the First National Agreement on Continuous Training. The foundation, although publicly funded by the MLI [and the European Social Fund (ESF)], had bipartite management bodies. On the one hand, there were the two main employers' organizations and, on the other, the main national trade unions. Training was regulated through two National Agreements on Continuous Training (covering the periods 1993–1996 and 1997–2000) reached by these social agents. The third agreement covered the 2001–2004 period and was administered by the Tripartite Foundation for In Service Training (Fundación Tripartita para la Formación en el Empleo), which was run by the social agents indicated above and the MLI through the National Employment Institute [Instituto Nacional de Empleo (INEM)], after some irregularities involving public funds had been uncovered. With the third agreement, a distinction was introduced between supply- and demand-driven training plans. The former has been aimed at the personal and professional development of workers (and it is mainly organized through sector and inter-sector plans, managed by social agents), whereas the latter has sought to address firms' needs (companies ask for subsidies for training and employees may demand training leave). The Royal Decree 1046/2003 altered the third agreement by introducing major changes to the system, such as changes to the demand-driven training system and to the role of ACs in supply-driven training. With respect to the first change, the Royal Decree enabled companies to secure training resources with much less bureaucracy because it eliminated the need to present projects annually to the Tripartite Foundation and allowed companies to finance their training by reducing the amount they pay to the Social Security Treasury if resources were devoted to the training of their employees. The calculation of the training ‘credit’ or ‘bonus’ for each company is based on the application of a percentage (set by the National Budget Act) of the amount paid by the company through the previous year's compulsory training levy. Companies with at least 10 employees also have to invest in training with their own funds (see details in next section). Firms have to keep the employees' legal representative (if one exists) informed about training matters, otherwise they lose their bonus, and there is a procedure in case of dispute where social agents are involved. With respect to the second change, AC governments with labor competences (16 out of 17) were allowed to supply and manage national centrally collected public resources (and their own) for supply-driven training activities within their regional boundaries. However, INEM still manage training activities developed in more than one AC. Finally, the fourth agreement (2006–2010) set out several aims that were developed in Royal Decree 395/2007, such as merging training for the employed and the unemployed and fostering professional certification (see next section). The funding structure for training is supported by the Public Treasury's collection of a training levy paid by employers and workers. The levy is 0.7 per cent of gross salary. Companies pay 0.6 per cent, whereas 0.1 per cent is covered by employees. Since 1997 the training levy is equally distributed between training for the unemployed and for the employed (0.35 per cent to each system). Resources are managed by the National Employment Institute (INEM) and those AC governments that assume this responsibility. They are mainly distributed to regions according to the number of unemployed. During the 2000–2003 period, the ‘FIP’ Plan accounted for around 700 million euros (around one third came from the ESF), whereas resources for the working/training programs were almost 480 million (30 per cent from the ESF). For continuous training, Tripartite Foundation's financial resources are provided annually by INEM. For the 1995–2005 period, the training levy accounted for approximately 75 per cent, whereas it was 81 per cent in 2006 (the rest was provided by the ESF). AC governments also spend their own funds. Funds to regions are allocated mainly on the basis of the average number of workers excluding public sector employees (who have their own training plans). The number of participants across all kinds of occupational training is shown in Table 1. More than 80 per cent of learners take part in training related to the FIP Plan. In addition, 15–20 per cent of all unemployed workers (based on the Active Population Survey) have received training since the beginning of this century. The small increase observed in the 2003–2006 period is due to the declining size of the unemployed population. Table 2 shows information related to continuous training since 2004, when the ‘credit’ system began. However, it has to be emphasized that since 1993 the number of employees trained and total funds for training have greatly increased, the first sixfold (it started with 0.3 million trainees), although the figure has been quite stable since the late 1990s, and the second figure 14-fold (in 1993, only 56 million euros were devoted to training). The overall percentage of women trained has reached 42 per cent (it was 30 per cent in 1993). There are more trainees in demand-driven activities than in supply-driven activities. However, the credit system administers less than 30 per cent of the total resources. With respect to demand-driven activities, the bonus used has increased sharply, though, as a percentage of available bonus it is below 60 per cent. In addition, the overall bonus percentage of training costs (including the wages of employees who train during working hours) is almost 60 per cent. Demand-driven training activities that are not in the workplace account for less than 30 per cent of the total, although this figure has increased each year. With respect to supply-driven activities, most trainees participate in sector plans. Regarding the distribution of funds between levels of administration, the contribution of the national authorities has decreased sharply (from 75.1 per cent in 2004 to 49.5 per cent in 2006) in favour of the ACs. Looking at the type of plan involved, roughly 85 per cent of total funds are devoted to sector plans. As previously indicated, the Royal Decree 395/2007 merged continuous and occupational training. It states that training may be provided as follows. Public administrations with responsibility for training may provide training through their own centers or through agreements with public organizations or companies certified to train. A public administration's centers include National Centers of Excellence (Centros de Referencia Nacional), Integrated Centers (Centros Integrados), and other centers for vocational education (schools) and training (INEM's National Centers for Occupational Training, which may be transferred to ACs). Integrated Centers were regulated in 2005 (Royal Decree 155/2005) and, among other tasks, they are to provide all vocational education and and training in that they are to by Labor and Educational centers may be or from the of Integrated Centers has been quite and between ACs. The National Centers of Excellence were regulated in 2008 (Royal Decree They are to be centers for all Spain in a specific of vocational education and training. Thus, they have to the needs of the productive and training to these needs as well as to provide training to all agents in the training system in centers also have to be by and Labor of are to be created from INEM although it is not that they be to out the in the present centers for vocational education that have been by the public provide training professional In addition, other private centers provide training not related to professional certificates if they are in established by labor trade and other organizations from training provide training through their own centers or through other Companies that train their own employees or the unemployed with a to provide training in their own or through Training is for both the employed and the with to groups considered to have in in Royal Decree 395/2007 four types of training Although these all to 2007, the main between the Decree and previous was the of its It covered all training demand-driven activities, supply-driven activities, training involving a of training and and activities. In addition, the of of professional competences through is considered as a of the Although professional certificates were regulated in 2008 only the recent of has established the by which professional certificates or of a vocational degree be by those with competences through working or education. As in previous funds for training from the training levy paid by companies and the and other resources provided to INEM from the national The governments also funds. Funds by the MLI are in the of the National Employment Nacional de Empleo), which includes one representative from each number from the and from the main employers' organizations and trade The of each social the as the levels of in to the tripartite The the Tripartite Foundation and ACs manage the resources allocated to training, as in the previous Finally, is on the of training National and regional labor authorities may evaluate the training system at levels by participants on the training received and by the training centers, and the of training centers may be in the Moreover, centers have to per cent of the they to the of the training As shown in Table recent changes in the bonus system are related to the amount of credit available for training, the percentage of private funding required and the amount of per Thus, the credit available has increased for all is not required to companies with less than 10 employees 2007 it only to companies with up to and the of training per and of training has With regard to training by companies may finance the gross costs of participants through the bonus They have amount of per cent of annual Training is up to per academic or it must be on the and the not Since 2007 supply-driven training activities are aimed at the personal and of both workers and the unemployed of company They are by the labor at national with the and of the Tripartite Moreover, from ACs and social agents are considered through their in the of the National Employment Social agents also participate in the that are created through between employers' organizations and trade among other activities, the main and overall of sector training activities. In 2007, to 56 sector plans, 42 of which came out of ACs may have their own training plans, national training activities are set out as The employed must at least 60 per cent of overall may be sector or and public administrations the of each in each The Tripartite Foundation is mainly in of the and of the implementation of the training Thus, the the for subsidies and or of INEM the a plan is it is developed through agreements between INEM and the the main national employers' trade organizations in the social economy and as well as organizations created by and employers' through in sector plans. The to activities developed at regional level with regional In that organizations may be representative at national or regional training activities must run between six and in The unemployed must at least 60 per cent of overall include training for the of professional certificates in the National Catalog of Professional allowed to funds for this of training include employers' trade training centers and public In 2007, per cent of all participants were trained in centers by labor administrations or per cent by employers' trade and organizations related to the social per cent by and per cent by centers for training. these companies and employers' the unemployed to get professional as well as to at least 60 per cent of all Companies in the first may up to six euros per and training and participants may for and Firms in the second financial subsidies for which are to be This is for those with in the labor or in professional as well as training activities for those in those in the (with labor and (in their country of who This of training is provided by administrations and other public authorities as well as The first two kinds of are through public subsidies through a procedure from The rest are through There are two types of activities that training and within for training and the working/training programs indicated in the previous In for training, which have been in since the to training be less than per cent of total working and must be the education and working be in or must be between 16 and years (the is not and the is between 6 months and 2 years. a based on the agreement, but it must not be less than the to their to Firms the of education through the credit system, but in that case financial resources are linked to the employment of the Social Security Treasury and not from the training levy. activities mainly and aimed at training and information about the training system as well as to individuals to secure training, of and The recent changes provide a by training for the employed and the unemployed one This the of training activities in the structure of the Spanish vocational education and training. It is also that the credit system in activities has been because it the of training for However, the level of used bonus in respect to total bonus available per cent) that more is from public to foster The role of the Tripartite Foundation in small companies be to include on management (Escardíbul The role of social agents in training is through their in set up in the framework of the This is in with the of trade to the role of labor in areas such as training because much of their has been external to the workplace & In addition, are to keep the employees' legal representative informed about training matters, and there is a procedure in case of dispute where they take Resources to training activities, which has a role than a specific role in among employees. However, groups of people have to be such as and and there also needs to be a on the especially in the current of economic with unemployment rate of per cent in The over training centers and the of training This is much because the high of private centers has educational supply in courses and the of students more to enter the labor as because training that the to the labor for the of public funding However, other have to be to the training The of professional competences is to be a of the Professional be established in a that trainees and the unemployed not only information and from training social but also have a who professional that to training and their professional life & that it is of be developed to a of because at present it covers only Moreover, it be the to foster training for those less The role of ACs is not are their activities as regional authorities in There are between regional and national authorities that are taken to the for The role of social agents through be the the role of because these are to firms' training is linked for or the of employees to train Training have to the of training that training and for training). have some of to Thus, some between (and their and vocational education (and their is 2009). In addition, training not only but also are known as such as the to in a and all of which are required by Public funding of training centers on the by As in and be considered as a system, which increase in be among Although all recent have increased the number and of training as well as funds devoted to training, we that and the to training for employees (in per for Moreover, public training the to areas where private centers are not established More is to out these be Nacional de Tripartita para la Formación en el Empleo de Educación de e and Nacional de Empleo (INEM) de de la and de de de de Nacional de and
This article assesses the policy strategy for local management of schools in Victoria, Australia within the high involvement framework for creating high performance organizations. The high involvement framework as adapted to education hypothesizes that a decentralized strategy for improving educational performance requires decentralizing four key resources: power over the budget and personnel functions; information about revenues, expenditures, costs and best practices; knowledge and skills including both technical and business knowledge; and rewards including compensation and other incentives. The framework also includes an instructional guidance framework of curriculum standards and student assessment to those standards, and facilitative principal leadership. Based on two years of data collection at both the state and school levels, focusing on governance, management, finance, and curriculum and instruction, the study found that Victoria's Schools of the Future ranked high on all six variables, and that the decentralization process was working smoothly and major changes were being made in curriculum and instruction when school sites also ranked high on the six variables
Switzerland is a federal state with a surface area of 4I,288 km2 and a population of about 6.4 million (I976) of which about I million are foreigners; it consists of 26 cantons and half-cantons with different cultures, languages and religious persuasions. As in many other branches of public life, education in Switzerland is decentralized. Besides, most of the cantons share their charges with the communes. So, although each canton and its communes is autonomous as far as education is concerned, be it compulsory attendance at school, which is generally from 8 to 9 years, or secondary or university education, the Confederation essentially looks after the tasks that cannot be satisfactorily undertaken by the local or regional authorities. It particularly plays a compensating role when the financial charges and the possibilities of education are not equally divided among all the cantons. This is the reason why it is turning its attention in particular to vocational training: professional apprenticeships and technical schools. In this way, vocational training forms a homogeneous part of our educational system. In connection with this the Confederation is able partly to protect the interests of those cantons with no university. It also regulates medical studies; furthermore, this competency has led to a harmonization of 'maturity examinations' (secondary school leaving examinations) in the whole country. Primary school education is compulsory and free of charge in state schools. Each canton has its own laws and regulations. This diversity in school systems is a hindrance to the migration of families. For this reason there have been attempts made to harmonise the system; in French Switzerland a common programme for the six French-speaking cantons for the first four years of primary school has been established. Thanks to the agreement on school co-ordination, made by the cantonal Directors of education, the age of entrance to primary school (6 years) and the duration of compulsory attendance at school (g years) will soon be uniform in Switzerland. The communes play an important part in this sector of education. They intervene in particular through the local school committees. Primary schools are financed by the communes and the cantons. Private schools also