WT0条约群与国际条约文献的检索利用

国际条约是WTO多边贸易规则研究和实践的重要国际法资料。文章详细介绍了重要的条约文献汇编体系,提供了获取条约全文资料的检索途径和方法。     

The changing world of international protection of intellectual property

Economic and ideological motives underpin differing positions on the protection of intellectual property, with the strongest divisions running between developed and less developed countries. Protection for intellectual property rests on international treaties and agreements, regional arrangements, bilateral agreements, and unilateral actions. In recent years, nations that have been notorioushavens for piracy have sought to bring their laws and enforcement more into line with international standards.     

建立我国图书馆法律体系的思考

我国图书馆法治建设的目标不是仅仅制定图书馆法,而是建立适合我国图书馆事业发展的法律体系。我国图书馆法律体系是一个以宪法为核心,以国家基本法律为指导,以图书馆专门法为基础,以图书馆相关法为关键,以相关国际条约、协定等为图书馆法的国际法基础,以图书馆行业自律规范为补充的相互联系、相互作用的有机统一整体。图书馆法律体系建设也离不开法学理论的支持与指导。     

National Security Directive declassification

The secret character of National Security Directives (NSDs) impairs Congress's ability to pursue its constitutionally mandated policy making and oversight roles when the president employs these directives to unilaterally make national security policy. In addition, their typically classified status presents numerous problems for scholars who can monitor the president's unilateral actions when he employs executive orders, proclamations, or executive agreements, but cannot do so in the case of policy created by security classified NSDs. Many of these directives remain classified for significant periods, as the results presented in this article will show. Furthermore, classification and declassification policy is unilaterally set by the president and, therefore, may be arbitrarily altered to lengthen the time it takes for NSDs to become available for congressional and public scrutiny. The article concludes that a statutory basis could provide more government openness and enhance Congress's ability to provide effective oversight of national security policy made through NSDs.     

The absent American Indian treaties: A guide to treaties never referenced at the federal court level

The treaties signed by the US and the various Indian nations continue to be powerful litigation tools, as demonstrated in the 1999 Supreme Court case Minnesota v. Mille Lacs Band of Chippewa Indians (526 U.S. 172). Over the years, many cases have been heard but it is noteworthy that of the over 370 Indian treaties enumerated by the Department of State, more than 80 have never been cited in the opinion of any trial at the federal court level. This note identifies these absent American Indian treaties.     

Adjusting American Indian treaties: A guide to supplemental article and supplementary treaty citations from opinions of the federal, state, and territorial court systems

Supplemental articles and supplementary treaties were used as tools to modify American Indian treaties. In general, supplemental articles were adjustments to the parameters of a treaty, frequently made as quickly as the same – or the next – day of negotiations, whereas the task of a supplementary treaty was to affect the conditions created in a previous treaty(s).As the law of the land, these materials have been referenced in the opinions of the federal, state, and territorial court systems. This article identifies those 80 documents – a combination of 39 initial treaties and their 41 supplements – cited in the opinions of 101 cases between 1831 and 2000 that bind together these instruments, their modifications, and their application within these various venues.     

License agreements in lieu of copyright: Are we signing away our rights?

For libraries, the shift from ownership of printed works to access of electronic works has required the negotiation and processing of license agreements. Many rights and restrictions covered in license agreements are in direct conflict with traditional library processes and procedures. These agreements are contracts, based on contract law, and as such often supersede standard library policy based on copyright law. A comparison of rights guaranteed by the copyright law and rights assigned by a selected set of license agreements identifies certain areas of user rights that must be identified and protected.     

Consortial and Reciprocal Agreements in Academic Libraries

Abstract

This article presents the results of a survey of consortial and reciprocal agreements among academic interlibrary loan departments. An electronic survey was created using SurveyMonkey software. The survey consisted of 18 questions (Appendix A). The questions covered the types of consortial agreements by geographic area, what types of items are loaned, the number of reciprocal agreements, fees for non-member libraries and resource sharing agreements that use integrated library systems. The purpose of the survey was to gather information on the various types of consortial agreements in use today in interlibrary loan departments.     

Strategies for Transformational Publish and Read Agreements in North America

Publish and Read agreements between publishers and consortia are leading the way to an open access publishing future. Although these types of agreements are just beginning to be made in North America, it is expected that many universities and consortia will move in this direction in the next few years. Some characteristics of these types of agreements are included along with some of the policies, structural issues and data needs to be successful. The open access publishing program of Cambridge University Press highlights the goal of one press to change their publishing to an open access future.     

American Indian treaties and the lower federal courts: A guide to treaty citations from opinions of the lower United States federal court system

In a previous study, it was found that 209 of 375 recognized American Indian treaties have been cited in opinions of the United States Supreme Court (Bernholz, 2004). This guide now identifies – through 246 citations from 142 cases between the years 1863 and 2005 – 85 treaties found only in opinions of the lower Federal Court system. In addition, this investigation uncovered another treaty referenced by the Supreme Court. The remaining 80 instruments have not appeared in opinions of the federal courts (4, 5 and 7).     

高校学位论文版权许可协议的反思与重构

学位论文版权许可协议是解决学位论文版权侵权纠纷的重要依据。通过调查可知,目前我国高校学位论文版权许可协议中的版权归属存在争议,缴送规则不清晰,许可内容不明确,转授权过于简化,重要条款缺失。为此,我国应借鉴国外相关成功经验,确定版权归属,细化缴送规则,明确许可内容,完善版权机制,补充重要条款,在我国现有法律框架内制定合法、合理的学位论文版权许可协议。     

国家级开放获取协议的兴起及其对全球学术生态的影响分析

[目的/意义] 随着开放获取运动的持续推进，欧洲部分国家相继开启了国家级开放获取协议制定战略研究。通过研究不同国家开放获取协议内容与特点，以及对全球学术生态的影响，提出我国应对国家级开放获取协议兴起的对策。[方法/过程] 以德国、挪威、法国等国的国家级开放获取协议内容为分析重点，着重介绍分析上述三国国家级开放获取协议的内容、发起背景、愿景目标与主要工作机制；介绍芬兰、瑞典、荷兰、瑞士等国的国家级开放获取进程。基于上述分析，归纳国家级开放获取协议的主要特点以及对全球学术生态的影响。[结果/结论] 无论我国是否采取国家级开放获取协议模式，都应及早建立相关研究并采取应对措施：一是尽快启动我国国家级开放获取协议战略研判工作；二是培育具有全球竞争力的期刊出版商；三是加大对高价值学术期刊的扶持力度；四是积极牵头并组建东亚三国开放获取协议项目组；五是加大对图书馆等文献服务机构的支持力度。     

Data integrity boards: Institutional innovation and congressional oversight

This article is a preliminary analysis of the first few years of the Computer Matching and Privacy Protection Act of 1988 (CMPPA). The act requires Federal agencies to establish Data Integrity Boards (DIBs) with responsibility to approve written agreements for computer matches in which their agencies are involved. Information for this analysis was collected from the annual reports on computer matching submitted by agencies to the Office of Management and Budget (OMB) for 1990 and 1991 and from 108 matching agreements. The secretaries of several DIBs were also interviewed. The effectiveness of DIBs and matching agreements are analyzed using McCubbins and Schwartz's distinction between “police-patrol” and “fire- alarm” oversight. The article concludes that more active and direct oversight, which would occur through an independent data protection or privacy board, is necessary.     

Breaking It Down: A Brief Exploration of Institutional Repository Submission Agreements

Institutional repositories typically have a submission agreement that is meant to protect the institution hosting the repository and inform submitters of their rights and responsibilities. This article examines how various libraries have created submission agreements, enquires as to issues surrounding them, and identifies commonalities and unique statements. The authors deployed a survey to institutional repository administrators listed in OpenDOAR in the United States. Approximately 7% of the 304 potential institutional repository managers responded. Library administrators, institutional repositories managers/architects, and legal counsel were the most likely to have input into the creation of the submission agreement; scholarly communications librarians were involved only 20% of the time. Although submission agreements averaged 282 words arranged in 9 sentences, their reading complexity requires a university degree. Commonalities include characterizing the agreement as a non-exclusive license, indicating the submitter's responsibility for obtaining permissions for any content that they did not produce, and confirming the right of the submitter to enter into the agreement. Submission agreements are generally complex and do not accommodate the common practice of mediated submission. Sharing submission agreements publicly may lead to simplified and standardized language and reduce barriers to submitters.     

Third party digitisation at State Records New South Wales: a positive approach in a time of change

The need for all archives to move from the paper based to the digital world is very apparent. However, governments and funding entities are unwilling to invest in the back capture of archival materials. State Records NSW overcame this impasse by entering into commercial agreements with 3rd party providers of genealogical data. This article outlines some of the reasons for entering into such agreements and the positive outcomes for State Records NSW and users of digital archival material.     

An Examination of the Consequences of Electronic Innovations

ARL libraries were surveyed to determine what impact telefacsimile service has had on interlibrary loan (ILL) departments. Also studied was what policies concerning telefacsimile have been added to network and reciprocal agreements, and how much libraries are charging for telefacsimile service. Findings show that the advent of telefacsimile has significantly increased the workload in ILL. To offset this, many libraries are charging a fee.for telefacsimile service, even when photocopy is provided free of charge as in network and reciprocal agreements. Recommendations are included for libraries in the process of formulating policies, procedures and fees for telefacsimile service.     

科技期刊责任编辑应慎重对待通读编辑的修改和疑问

结合编校工作实践,对责任编辑在处理通读编辑的修改、疑问时应秉持的态度和注意的问题进行了讨论.认为:责任编辑在处理通读编辑修改的文稿时,要认真严谨,仔细甄别,尊重而不盲从;在处理通读编辑的疑问时,不可草率,应“勤”字当头,认真核查补缺.     

试论创先争优与党员干部执行力的一致性

创先争优与党员干部执行力是在比较优势和成长优势中发展出来的。创先争优与党员干部执行力的一致性,要求创先争优具有先进性,执行力也具有先进性。先进性的创先争优与先进性的执行力,是创先争优与党员干部执行力一致性的本质要求。     

我做责任编辑的体验及呼吁

从责任编辑的职责出发,介绍了自己做责任编辑的实践和获得的体验,并针对大部分责任编辑工作量过大、任务过重的现实,发出必须给责任编辑减负的呼吁。     

国内科技期刊版权协议现状分析及对策建议

版权协议是当前科技期刊运营与管理的研究热点之一。为此,通过网络调查法和文献研究,结合我国《著作权法》新修订部分和《民法典》中合同篇部分梳理我国国内版权协议现状,分析当前版权协议在版权主体、转让权利、转让价金、违约责任等方面存在的问题,从法律意识、科研伦理、体制机制、技术发展、市场利用5个方面分析其问题出现的内在原因,并从法、德、技、联、用5个方面提出版权协议改进的对策与建议,力争为国内科技期刊版权协议的改进起到一定的推动作用。