Delicate balance or creative conflict?

In this issue Andrés Guadamuz explains the recent troubledhistory of the attempts that have been made to ensure the harmoniousoperation of Europe's software patent laws, and of the sad fateof those attempts. There is something paradoxical about thefact that the attempts at reform were scotched by two opposingcamps consisting of those who stood to gain most from thosereforms: on the one side those who want strong software patentsand on the other those who want no patents at all. At     

Demonstrating 'use' of an earlier registered mark in CTM opposition proceedings

An earlier registered trade mark may serve to oppose a laterapplication to register a Community trade mark, notwithstandingthat the earlier mark is not used in the form in which it isregistered, so long as the actual use had not destroyed thedistinctive character of the earlier mark.     

Perception of and Satisfaction with Relationship Power,Sex, and Attachment Styles: A Couples Level Analysis

Eighty heterosexual dating couples provided information about their gender, individual histories of abuse in their current relationship, attachment styles, perception of and satisfaction with relationship power. Partner report of physical abuse was the dependent variable. APIM actor results suggest that an individual's gender interacts with perceived level of relationship power and satisfaction with relationship power for physical abuse. Both dimensions of attachment interacted with perceived relationship power for physical abuse. Partner effects were also found. One's partner's sex interacted with perceived power and satisfaction with relationship power. Finally, the partner's avoidant attachment interacted with satisfaction with relationship power. These findings generally replicate and extend the work of H. M. Ronfeldt, R. Kimerling, and I. Arias (1998, J. Marriage Fam. 60: 70–78) by showing how attachment styles, perception of relationship power, and satisfaction with relationship power are related in predicting aggression against a romantic partner.     

Summary judgment in intellectual property litigation--the three of Harts

Legal context. The popular image of litigation is one of anoften long and expensive full trial. However, better case managementmeans that courts in the United Kingdom increasingly deal withdisputes at an early stage, by striking out claims that haveno genuine chance of success and by giving summary judgmentagainst defendants whose defences have no hope of succeeding.These procedures, detailed under the Civil Procedure Rules,are frequently invoked in intellectual property disputes. Unlikefull trials, which are normally heard before a specialist intellectualproperty judge, applications for summary judgment and strikingout are frequently heard by judges in the Chancery Divisionwho may have little experience of the area. Key points. This article considers the advantages and disadvantagesof deploying non-specialist judges, reviewing in particularthree decisions of a non-specialist judge, Mr Justice Hart.It suggests that a specialist judge might have reached a differentconclusion in at least one of these decisions. It also questionsthe policy issue of refusing to strike out a claim that, onthe law as it currently stands, has no chance of success wherethe intention is that the claimant be given the opportunityto invite the trial court to evolve a change in the law throughprecedental development. Practical significance. At a time when there is a strong demandfor the administration of justice to be both effective and swift,the twin facility of entering summary judgment and strikingout is likely to remain attractive and popular with intellectualproperty litigants. However, it is a facility that should notbe abused. The employment of non-specialist judges for the purposeof determining whether that facility should be utilised mayproduce results that, if justifiable, may run counter to theintuition of those who specialise in the field. Accordingly,judicial practice in this regard should be carefully monitoredand reviewed if predictability and consistency of decision-makingis to prevail.     

Treating offenders with mental illness: a research synthesis

The purpose of this research synthesis was to examine treatment effects across studies of the service providers to offenders with mental illness. Meta-analytic techniques were applied to 26 empirical studies obtained from a review of 12,154 research documents. Outcomes of interest in this review included measures of both psychiatric and criminal functioning. Although meta-analytic results are based on a small sample of available studies, results suggest interventions with offenders with mental illness effectively reduced symptoms of distress, improving offender's ability to cope with their problems, and resulted in improved behavioral markers including institutional adjustment and behavioral functioning. Furthermore, interventions specifically designed to meet the psychiatric and criminal justice needs of offenders with mental illness have shown to produce significant reductions in psychiatric and criminal recidivism. Finally, this review highlighted admission policies and treatment strategies (e.g., use of homework), which produced the most positive benefits. Results of this research synthesis are directly relevant for service providers in both criminal justice and mental health systems (e.g., psychiatric hospitals) as well as community settings by informing treatment strategies for the first time, which are based on empirical evidence. In addition, the implications of these results to policy makers tasked with the responsibility of designating services for this special needs population are highlighted.     

Acting small in a large state's world: Russia and the Baltic states

The interest in small states ebbs and flows as important international affairs include small states. Russia's actions and policies vis-à-vis Ukraine, and the resultant intensified apprehension among Russia's smaller neighbours, aim the proverbial microscope at the size and power discrepancies between states. Russia, by most metrics, is a large state and the Baltic states, by those same metrics, are small states. Small-state scholars expect large and small states to act differently. However, the case of Russia and the Baltic states indicates that large and small states do not, in fact, act all that different. This being the case, this article calls into question many of the assumptions made by small-state scholars about the difference between large- and small-state action and argues for changes within small-state studies as a subdiscipline of the larger international relations discipline.     

Implementing Intelligence-Led Policing: An Application of Loose-Coupling Theory

Purpose

This research is intended to inform a knowledge gap in the literature and present the first national findings related to intelligence-led policing adoption among state and local agencies. Specific practices are identified to inform scholars and practitioners regarding intelligence-led policing behaviors.

Methods

Original survey research from a federally-funded project is gleaned to explore intelligence-led policing adoption through a loose-coupling theoretical perspective. Negative binomial and logistic regression models are employed to identify predictive relationships.

Results

Agencies nationwide appear to be closely following the National Criminal Intelligence Sharing Plan recommendations to enhance information sharing. Consistent with the Department of Homeland Security’s Target Capabilities List is also observed. Agency size appears to have a significant effect on key organizational information sharing behaviors. The findings are tempered due to limitations in the research design.

Conclusions

Local agencies appear to be tightly-coupled with the recommendations put forth in the National Criminal Intelligence Sharing Plan in their efforts to adopt intelligence-led policing. Agency size appears to enhance adoption across most dependent metrics. This research progresses the limited evidence base and progress regarding this emerging policing philosophy.