2001年知识产权法学研究的回顾与展望

一、瞻前与顾后:关于2001年 黄仁宇在<万历十五年>一书中开篇即称:"公元1587年,在中国为明万历十五年,……在历史上,万历十五年实为平平淡淡的一年."其后却成一鸿论,即黄氏所谓之"大"历史观.四百余年后的公元2001年,却似乎于中国不是平平淡淡的一年:成功申办2008年奥运会、加入世界贸易组织(WTO)、与美英等国共同参加人类基因组测序工作、Internet使得中国与世界同此凉热…….经济、技术、文化等各个方面的一体化发展已将几乎所有的国家和地区都卷入了这一世界潮流,中国亦莫能例外.由此也给法律带来了相应的新问题,其中尤于知识产权法律为甚.问题是,我们能不能用"大"历史观来看待今天的变化呢?     

Forensic science and the law

Forensic Science today makes an important contribution to the operation of the Criminal Justice System providing evidence which could help decide the guilt of a suspect. Forensic Science is able to do so because it has developed to operate within the reality determined by the Criminal Justice System. Changes that are occurring today seem to upset the relationship between Forensic Sciences and the Criminal Justice System by the creation of communication problems. Examples of these problems exist in the changes occurring in the concept of death made necessary by organ transplants. These changes have shifted the focus from the quantity of life to the quality of life and make it impossible for the Forensic Scientist to answer honestly the questions that might be put him. The need for reforms in the law in view of social changes has been recognized and in many countries attempts at such changes are afoot. With these changes a new reality is being defined. Forensic Science, being a discipline that comes first in contact with a multitude of emergent problems, has a part to play in the definition of this reality.     

Technology,property, and law

Between 1975 and 1986 forty-eight states passed laws specifically criminalizing unauthorized access to computer-based information. Thirty of these states passed their computer crime laws between 1982 and 1985. This flurry of legislative activity occurred in a climate of concern for the need to stem what was characterized as a wave of computer crime. The data presented here, however, indicate that these laws did not result in any corresponding wave of prosecutions of computer criminals. This suggests that social forces other than an instrumental need for a mechanism to prosecute computer criminals played a role in the passage of computer crime laws. Specifically, we argue that the passage of computer crime laws resulted from the need to incorporate a new form of value within the establish framework of property rights, and a desire to preserve established relationships between power and knowledge that were threatened by the emergence of computer technology. We conclude by suggesting that the study of law-making is enhanced by examining the structural bases for the motives of legislators and advocates of legal change, in addition to the motives themselves.     

Using feminist judgments in the property law classroom

This article describes how the Feminist Judgments book will be used as a resource for a new, compulsory LLB property law module. The module (which was still in the planning stages at the point of writing) takes the development of co-ownership law as its subject matter. Students will be guided to read cases that reveal both the evolution of different legal solutions to co-ownership disputes and the gendered situations of the parties concerned, and will be assessed in part by writing a judgment of their own. The feminist judgments will provide students with models of feminist analysis and judgment-writing. The aim is to bring feminist scholarship into the core curriculum and to learn useful critical, research and writing skills.     

法医学混合斑研究进展

混合斑是性侵案件中常见生物检材,对其分析结果的解释是法医学检验中的难点之一。混合斑的种类较多,多个个体或多种体液、分泌液形成混合斑的提取、分离方法比较复杂。目前,法医学用于对混合斑量化评估主要应用杂合型均衡比和混合比例两个参数,而其分析受多种因素的影响。分析常用的遗传标记包括:常染色体和Y染色体STR,SNP,mt DNA,INDEls等。统计分析方法主要有似然率法(LR)以及随机男子不能被排除率法(RMNE)。混合斑分析软件的出现,有助于对检验结果的分析和判断。本文对相关文献进行综述,意在为混合斑的研究和鉴定提供参考和借鉴。     

法学教育、司法考试与法律职业新论

实行统一的国家司法考试,是我国司法体制改革的一项创新举措,作为一项新的资格考试制度,既有利于提高法律职业的专业化水平,增强了取得法律职业从业资格的严肃性,也极大地推动了法学教育的改革,直接影响着大学法学教育和法律人才的培养。正确处理法学教育与司法考试、法律职业的关系,真正实现这三者之间的良性互动,这是我们法学教育界亟待解决的迫切问题。     

论私有财产权的法律保护

随着我国非公有制经济的发展,私有财产权的法律保护显得尤为重要,然而,目前我国对私有财产权的法律保护还不充分,制约了我国经济体制改革和市场经济体制建设的发展。因此,必须采取各种方式和途径加快我国私有财产保护的法律制度建设,保证个体工商户和私营企业主的财产安全,发挥其社会主义现代化建设的积极性。     

Intellectual property law and practice in the blockchain realm

Blockchain technology is claimed to be and perceived as one of the revolutionary technologies that will have an enormous impact on our lives in the forthcoming years and decades. The legal questions surrounding blockchain appear to be among the most controversial issues surrounding this novel technology, which create uncertainties as to the scope and speed of its eventual adoption. Is it legal to use blockchain technology? Does or should any governmental authority or court take a record stored in blockchain into consideration in their decisions? Is blockchain reliable? Can the technology be used for the protection and enforcement of legal and property rights?The technological advancements offered by blockchain promise wide ranges of use in a variety of sectors and legal areas, including intellectual property (IP) law. This paper will focus primarily on the possible opportunities that blockchain may offer with respect to the future of IP law and discuss its potential impact on the registration, management and enforcement of intellectual property rights. We will proceed to offer blockchain-based solutions to foster the operation of IP offices, reinforce customs procedures in detecting counterfeit products, and enhance the efficiency of IP rights management by the right holders. The paper concludes by providing some suggestions to pave the way for the advancement of blockchain technology and to increase the number of people that this technology reaches, as well as its successful integration into the various services and registration/transaction channels that we use today.     

Proof of cancer causation and expert evidence: bringing science to the law and the law to science

This article discusses the medico-scientific and the legal views of cancer causation and how these two approaches impact on expert evidence. Cancer cause lends itself well to an exploration of the critical issues which surround its proof and the role of expert evidence in this proof. The article does not seek to identify or to resolve all the controversies or inconsistencies in the area. Rather, it sets up a basic framework for the general presentation and testing of expert medico-scientific evidence in litigation related to cancer causation. Specifically, it seeks to identify the technical questions of law and medical science regarding which medico-scientific disciplines can be relevant to proving cancer causation, and who the relevant expert witnesses to achieve this task would be. Emerging areas of cancer causation are then examined in light of this framework.     

Statute review Lagos state property protection law 2016

The paper reviewed provisions of the Lagos State Property Protection Law in the light of existing criminal legislation with a view to, or otherwise, justifies its enactment within the corpus of administration of criminal justice system; interrogates the efficiency and efficacy of the law against the knowledge of criminal jurisprudence.The paper found that apart from the establishment of a task force unit, the stiff penal provisions, the infusion of restitution remedy and conferment of jurisdiction on Special Offences Court; the provisions of the law are well couched and covered under the existing Criminal law of Lagos State.