商业名称权与商标权冲突及解决机制浅论

本文从商业名称权和商标权的基本概念、性质入手 ,试图从前人就商标权与商业名称权冲突的解决方法中找出一些问题 ,提出自己的看法 ,并就解决两者之间的冲突提出几个基本方法、原则 :调整商业名称权的法律地位、保护在先权原则、禁止欺骗或误导、公平竞争原则及区别保护原则     

《民法典》人格标识“许可使用”的规范解释——以第993条适用范围为重点

《民法典》第993条未区分“商业目的”与“非商业目的”，因此不存在人格标识“二元制”保护模式的基础。该“许可”创设之权利并非“商品化权”，而是用益性债权。使用权人基于债之关系对人格标识具有“支配力”，并形成观念占有外形而受侵权法保护。第993条的主体，应扩张至“具有名称的团体”；“姓名、名称、肖像”应排除教名、重复姓名、与曾用名称重复但现已登记的名称及法人形象；“等”人格标识包括以音色为主要保护对象的“声音”和“个人信息”；第993条适用范围应进行限缩解释，以弥合“自己的”限制条件与社会现实之裂痕。我国语境下的“商品化权”，本质系《民法典》第993条、《著作权法》第24条及《商标法》第43条不同“许可”类型所创设的“权利束”，并受到《反不正当竞争法》第6条的兜底保护。     

Characteristic Features of Hanging: A Study in Rural District of Central India

The ligature mark is the most relevant feature of hanging. This study was undertaken with a view to determine the characteristic features of hanging and its association with ligature material or mode of suspension. Of a total medicolegal deaths reported at an Apex Medical Centre, hanging was noted in 4.1% cases, all suicidal with mortality rate of 1.5 per 100,000 population per year. The hanging was complete in 67.7% with nylon rope as the commonest type of ligature material used for ligation. The hanging mark was usually single, situated above thyroid cartilage, incomplete, prominent, and directed toward nape of neck. The mark of dribbling of saliva was seen in 11.8% cases. Facial congestion, petechial hemorrhage, and cyanosis were significantly seen in partial hanging. Though occasionally reported, the argent line was noted in 78.7% hanging deaths with neck muscle hemorrhage in 23.6% cases. Fracture of neck structure was predominant in complete hanging.     

Interpreting the Effects of Burning on Pre-incineration Saw Marks in Bone

This study examined the effects of fire on the features associated with saw marks in bone. Both class and individual characteristics were examined using stereomicroscopy and scanning electron microscopy (SEM). Twenty-four semifleshed Sus scrofa L. tibiae were sawed into three sections with the middle section having deep and shallow false starts. Twelve saw blades of varying age and type were each used to cut two tibiae. In each case, the first tibia was burned in an outdoor open fire to the point of partial calcination. The second tibia, our control, was macerated using a heated enzyme solution. Controls and burned specimens were examined for the following characteristics: breakaway spur, tooth hop, false start, exit chipping, tooth imprint, breakaway notch, pull out striae, kerf flare, and blade drift. In general, there was parity in the observed characteristics in the burned samples using the SEM and the stereomicroscope. SEM observation, however, provided enhanced images, with the addition of observing individual tooth imprints, previously not visible. Therefore, this study recommends using an SEM for the examination of saw cuts in burnt bone.     

Microscopic Saw Mark Analysis: An Empirical Approach

Microscopic saw mark analysis is a well published and generally accepted qualitative analytical method. However, little research has focused on identifying and mitigating potential sources of error associated with the method. The presented study proposes the use of classification trees and random forest classifiers as an optimal, statistically sound approach to mitigate the potential for error of variability and outcome error in microscopic saw mark analysis. The statistical model was applied to 58 experimental saw marks created with four types of saws. The saw marks were made in fresh human femurs obtained through anatomical gift and were analyzed using a Keyence digital microscope. The statistical approach weighed the variables based on discriminatory value and produced decision trees with an associated outcome error rate of 8.62–17.82%.     

Bolt Cutter Blade's Imprint in Toolmarks Examination

Bolt cutters are known as cutting tools which are used for cutting hard objects and materials, such as padlocks and bars. Bolt cutter blades leave their imprint on the cut objects. When receiving a cut object from a crime scene, forensic toolmarks examiners can determine whether the suspected cutting tool was used in a specific crime or not based on class characteristic marks and individual marks that the bolt cutter blades leave on the cut object. The paper presents preliminary results of a study on ten bolt cutters and suggests a quick preliminary examination—the comparison between the blade thickness and the width of the imprint left by the tool on the cut object. Based on the comparison result, if there is not a match, the examiner can eliminate the feasibility of the use of the suspected cutting tool in a specific crime. This examination simplifies and accelerates the comparison procedure.     

Accuracy of 3D Scanners in Tooth Mark Analysis

The objective of this study was to compare the accuracy of contact and laser 3D scanners in tooth mark analysis. Ten dental casts were scanned with both 3D scanners. Seven linear measurements were made from the 3D images of dental casts and biting edges generated with DentalPrint© software (University of Granada, Granada, Spain). The uncertainty value for contact 3D scanning was 0.833 for the upper dental cast and 0.660 mm for the lower cast; similar uncertainty values were found for 3D-laser scanning. Slightly higher uncertainty values were obtained for the 3D biting edges generated. The uncertainty values for single measurements ranged from 0.1 to 0.3 mm with the exception of the intercanine distance, in which higher values were obtained. Knowledge of the error rate in the 3D scanning of dental casts and biting edges is especially relevant to be applied in practical forensic cases.     

光滑平面上汗液指印的拍摄

犯罪嫌疑人遗留在各种光滑平面上的新鲜或陈旧性汗液指印,由于潜在指印与背景之间的反射亮度差很小,加之背景颜色的干扰,一般光照条件下拍摄相当困难。运用定向反射照相法,能加强纹线与背景的亮度差异,消除背景颜色的干扰,取得较好的拍摄效果。     

咬痕个体识别的比对方法

目的 建立一个牙模数据库,为通过牙齿、咬痕进行个人识别的研究及其在法医实践中的应用提供一种新方法。方法 经过对400例牙模进行分析、计算,将牙齿的形状、排列转换成数字型(X,Y)坐标,通过计算出每颗牙关键点与坐标原点的相对位置,在DOS系统下运用Borland C++5.0语言编写程序,快速地计算出牙齿和牙弓的特征。结果 能对牙模进行自动识别,达到排除与认定。其比对精度长度为1.3mm,角度3°;可取的最少牙点位数目为12～14较为合理,大致需要5～7个完整的牙痕。结论 该方法是研究咬痕与牙模比对的基础。     

试论域名与商标冲突问题及解决

域名与商标冲突是互联网发展的产物 ,其实质是新兴的网络经济与传统知识产权经济的矛盾冲突。域名与商标冲突系知识产权纠纷 ,它既是当今知识产权界的热点 ,又是难点。本文就域名与商标冲突的表现形式、冲突的原因及冲突的协调等问题做了较为全面的论述。