Understanding and Application of “Registration of a Trademark Acquired by Any Other Unfair Means” as mentioned in Article 41,paragraph one of the Trademark Law Comments on the case of dispute over No.1127045 Trademark “Haupt”

It is one of the tough issues that have long been puz- zling in the administrative enforcement of the trademark right establishment and related judicial examination whether or not the\"registration of a trademark acquired by any other unfair means\"as mentioned in Article 41,paragraph one of     

Compelled Choice Made in Dilemma:Comments on the Issue of Application of Law in the First Case of“Bolar Exception”in China

Ⅰ.Introduction On 20 December 2006,the Beijing No.2 Intermediate People's Court(the Court for short)rendered its first-instance judgement on the Japanese Sankyo Co.,Ltd.)(Sankyo for short) v.the Beijing Wansheng Drug Co.,Ltd.(Wansheng for short),a case of infringement of the patent for the pharma- ceutical"Olmesartan medoxomil",establishing that Wan-     

Determination of Trademark Similarity:Comments on the Administrative Lawsuit Involving the Trademark of“BEYOND PETRONEUM”

The case in brief The plaintiff the BP Co.,Ltd.(the BP for short)filed with the Trademark Office two applications for registration of the trademarks"BEYOND PETRONEUM"and"超越石油"(the trademarks in suit)(the Chinese characters"超越"are equiv- alent to the English word"BEYOND"and the Chinese char- acters"石油"are equivalent to the English word"PETRONEUM")in goods of class 4 of the International Clas- sification:industrial oil and wax(raw material).The Trade- mark Office held that the two trademarks were similar to trademark No.1720395"超越矿业and device"(meaning"beyond mining industry")(reference trademark 1)regis- tered in the goods of wax used on conveying belt and trade- mark No.956456"超越and the device"(reference trade- mark 2)registered in goods of industrial grease and oil,and refused said applications.The trademarks in suit and refer- ence trademarks are shown as follows:     

The Role of Social Culture in Internet Adoption in Greece: Unpacking “I Don't Want to Use the Internet” and Frequency of Use

This article examines the role of social culture in Internet adoption in Greece. It employs Hofstede's five-dimensional framework of national culture and analyzes the European Social Survey 2008 data. It finds that social culture in general and particularly people's past or future orientation in life, and to a lesser extent their degree of openness to difference and novelty in life, are significant drivers of Internet adoption in Greece. It argues that the persistently low level of Internet adoption in Greece can be explained by pointing to a traditional, uncertainty-avoidant, and novelty-resistant culture that discourages technological development and innovation. It concludes that to explain that the statement “I don't want to use the Internet” and frequency of use and other such behavioral patterns, one should look beyond demographics, practical, and real-life factors and examine broader and socioculturally embedded drivers of Internet adoption.     

“Go Away”: Participant Objections to Being Studied and the Ethics of Chatroom Research

In this article we present an empirical study aimed at better understanding the potential for harm when conducting research in chatrooms. For this study, we entered IRC chatrooms on the ICQ network and posted one of three messages to tell participants that we were recording them: a recording message, an opt-in message, or an opt-out message. In the fourth condition, we entered the chatroom but did not post a message. We recorded and analyzed how subjects responded to being studied. Results of a regression analysis indicate significantly more hostility in the three conditions where we said something than in the control condition. We were kicked out of 63.3% of the chatrooms we entered in the three message conditions compared with 29% of the chatrooms in the control condition. There were no significant differences between any of these three conditions. Notably, when given a chance to opt in, only 4 of 766 potential subjects chose to do so. Results also indicate significant effects for both size and the number of moderators. For every 13 additional people in a chatroom, the likelihood getting kicked out was cut in half. While legal and ethical concerns are distinct, we conclude by arguing that studying chatrooms constitutes human subjects research under U.S. law, but that a waiver of consent is appropriate in most cases as obtaining consent is impracticable.     

Application of “stability index” to assess the stability of multi-machine systems

A new stability index is presented in this paper which may easily be calculated using the information obtained from the load flow study and the fault location and time. No information from previous transient stability studies of the system is required.The conventional methods of studying transient stability require long computing time whereas the use of stability index is a very fast method of assessing the system's stability. Application of the index provides a very quick insight into the behaviour of the generator under a three-phase fault and identifies the critical situations.Results of the calculation of this index for a sample power system are included and within a reasonable accuracy agree with the results of a full transient stability analysis.     

Establishment Exceeding Empowerment:Doubts about the Court''''s Establishment of“SUANSUANRU”as Well-known Trademark

"SUANSUANRU",which first appeared in the market- place as the name of a dairy product,was used by many en- terprises for a period of time.From 2000,several enterprises tried to register"SUANSUANRU"or words containing"SUANSUANRU"as a trademark,and their applications were all rejected by the Trademark Office for lack of distinc- tive character.Late 2006,in the Inner Mongolia Mengniu Dairy Industry Group v.Henan Snow-white Princess Dairy Industry Corporation,a case of trademark dispute,the Inner Mongolia Higher People's Court made the final ruling,having established"SUANSUANRU"sign as a well-known mark and finally decided on the ownership of the right in"SUAN- SUANRU".This ruling is presumed to have marked"the be- ginning of the judicial establishment of unregistered well- known mark in China".Therefore,a business sign for which protection for the exclusive right to use a registered mark should not be obtained has acquired the more favorable protection as a well-known mark.     

On Amendment of PCT International Application in the National Phase

Under the Patent Cooperation Treaty (PCT) and its Regulations, a PCT international application will, from the date of filing to the date of patent grant, go through quite a long process of the international phase and national phase. In the international phase, an applicant may amend his/its application according to Articles 19 and 34 of the PCT. Besides, under Article 28 or 41 of the PCT and Rules 51 and 109 of the Implementing Regulations of the Patent Law, an appli-     

The politics of research and innovation: Understanding instrument choices in complex governance environments – the case of France and Italy

What governments desire to achieve, and how they want to accomplish their goals, represent the core of any policy design process. However, it is still unclear how partisan politics, in its combined effect with path-dependency forces, influence policy makers’ choices over alternative instrument mixes. Through a comparative analysis of Research and Innovation (R&I) instrument choices in countries characterized by different paradigmatic models of policy (Italy and France), the paper investigates how the politics of different cabinets influence the formulation of national R&I strategies and the extent to which these decisions are constrained by the legacy of previous choices. By capitalizing on a new proposed treatment of policy instruments, the paper contributes to the definition of the types of tools found in policy mixes, investigating how national R&I instrument mix variations develop. The results of the analysis indicate how the selection of R&I policy instruments does not closely follow traditional left versus right-wing political cleavages, and their evolution is generally influenced by a combination of different context-dependent dynamics. However, when partisan acceptance of consolidated R&I instrument mixes across cabinets is present, this triggers a consolidating effect on path-dependency forces.     

Public Understanding of and Attitudes towards Science ＆ Technology in China

China Association for Science and Technology (CAST) began the research and survey of the Chinese Public Understanding of Science and Technology at the beginning of the 1990s with the help of Prof. Jon D. Miller, then Director of US National Public Opinion Research Center and Longitudinal Stud- ies of the Youth at the Illinois University. By introduc- ing the conventional approach of indicators and a ques- tionnaire designed for the measurement of science lit- eracy popularly used in…     

Understanding copyright in support of scholarship: Some possible challenges to scholars and academic librarians in the digital environment?

This paper examines the rationale for copyright and how the copyright exemption of the law promotes scholarship. It examines the possible challenges that may be faced by scholars and academic librarians in implementing the copyright fair dealing exemption in the digital environment following that digital information is protected by copyright law and licensing agreements. The paper attempts to propose possible measures that could be implemented for copyright exceptions to better function and promote scholarship in the digital environment.     

Review Article��Dielectrophoresis: Status of the theory, technology, and applications

A review is presented of the present status of the theory, the developed technology and the current applications of dielectrophoresis (DEP). Over the past 10 years around 2000 publications have addressed these three aspects, and current trends suggest that the theory and technology have matured sufficiently for most effort to now be directed towards applying DEP to unmet needs in such areas as biosensors, cell therapeutics, drug discovery, medical diagnostics, microfluidics, nanoassembly, and particle filtration. The dipole approximation to describe the DEP force acting on a particle subjected to a nonuniform electric field has evolved to include multipole contributions, the perturbing effects arising from interactions with other cells and boundary surfaces, and the influence of electrical double-layer polarizations that must be considered for nanoparticles. Theoretical modelling of the electric field gradients generated by different electrode designs has also reached an advanced state. Advances in the technology include the development of sophisticated electrode designs, along with the introduction of new materials (e.g., silicone polymers, dry film resist) and methods for fabricating the electrodes and microfluidics of DEP devices (photo and electron beam lithography, laser ablation, thin film techniques, CMOS technology). Around three-quarters of the 300 or so scientific publications now being published each year on DEP are directed towards practical applications, and this is matched with an increasing number of patent applications. A summary of the US patents granted since January 2005 is given, along with an outline of the small number of perceived industrial applications (e.g., mineral separation, micropolishing, manipulation and dispensing of fluid droplets, manipulation and assembly of micro components). The technology has also advanced sufficiently for DEP to be used as a tool to manipulate nanoparticles (e.g., carbon nanotubes, nano wires, gold and metal oxide nanoparticles) for the fabrication of devices and sensors. Most efforts are now being directed towards biomedical applications, such as the spatial manipulation and selective separation∕enrichment of target cells or bacteria, high-throughput molecular screening, biosensors, immunoassays, and the artificial engineering of three-dimensional cell constructs. DEP is able to manipulate and sort cells without the need for biochemical labels or other bioengineered tags, and without contact to any surfaces. This opens up potentially important applications of DEP as a tool to address an unmet need in stem cell research and therapy.     

Recommended for “frequent perusal” and “improving the science of medicine”: Benjamin Rush’s American editions and the circulation of medical knowledge in the early Republic

Between 1809 and 1813 leading American physician Benjamin Rush (1745–1813) devoted a significant portion of his time to the production of “American Editions” of four British and colonial medical texts by Thomas Sydenham (1624–1689), Sir John Pringle (1707–1782), William Hillary (1697–1763), and George Cleghorn (1716–1789). This occurred during a period where Rush might have written a textbook detailing his preferred medical system for students outright. Instead, he opted for a different form of knowledge production and proliferation that focused on creating fictive conversations and encouraging critical reading rather than rote memorization. He dedicated these heavily annotated documents to the medical students of the United States of America and set them up as a pedagogical tool. Analysis of these texts helps uncover the reading practices of Rush and the manner in which he expected Americans to mediate their usage of foreign texts and theories after the American Revolution.     

Legal Reflection on Case of Conflict Between Geographic Indication Right and Trademark Right in "JINHUA HAM"

This is the first case accepted by the Shanghai court involving legal conflict between a geographic indication, geographic indication right and trademark right. This article presents an in-depth exploration of several legal issues, such as the concept of geographic indication, relations between geographic indication right and trademark infringement and conflict resolution principles.     

Understanding envy and users’ responses to envy in the context of social networking sites: A literature review

Envy is an ancient theme of interest and various academic disciplines researched the topic in the last decades. With the advance of technologies and the popularity of social networking sites (SNSs), there is a need to comprehend what is new and unique about envy in the SNS environment. To contribute to an improved understanding of this phenomenon, we investigate academic research on envy in the context of SNSs. Particularly, in this work, we review and clarify the concept of envy in the SNS context and how users respond to envy they experienced in an SNS environment. This allows us to (1) better comprehend the conceptualization and theorization of envy in the SNS context, and to (2) identify particularities of users’ responses to envy. Based on our analysis, we observe that there exists a need to contextualize definition, operationalization and theorization further. Responses to SNS-induced envy mirror findings from the offline context with purchase intentions as an interesting and relevant behavioral response for the SNS context, since most revenues are generated by advertisement on these sites. We provide directions for future investigations on the phenomenon of SNS-induced envy.