Bubbles! The indispensability of the Comparative Advertising Directive to trade mark law

The use by H3G of bubbles in a television advertisement comparingmobile telephone prices complied with the Comparative AdvertisingDirective and thus did not infringe O2's trade mark registrationsfor bubbles. Supplementary data in the form of a clip of theadvertisement discussed in this article is available at www.jiplp.oxfordjournals.org.     

Savings at the Periphery of Markets: Evidence from Forager-Farmers in the Bolivian Amazon

Abstract

We used survey and ethnographic data to study savings in a highly autarkic society of native Amazonians in Bolivia (Tsimane’). We equated savings with the amount of maize and rice in storage, area planted with plantains and manioc, and number of edible domesticated animals owned by a household or an adult. We found no large inter-annual change in savings possibly due to low income, impulsivity and a bundle of institutions and norms, such as borrowing, theft and reciprocity norms. The bundle attenuates the need for household formal savings at the periphery of markets.     

New Developments in Deliberative Democracy

This paper inspects recent theoretical work in deliberative democracy. It identifies three distinct ways in which such theories attempt to justify their claims for an increase in deliberation. Each has its strengths; each has its implications for practice. If the new deliberative theories are to move beyond a critique of liberal democracy in order to articulate a legitimate and practical politics, the respective gains of these three types must be brought together.     

Population genetics of nine short tandem repeat loci: allele frequency distribution in a Brazilian population sample

Gene and genotype frequencies in relation to the D3S1358, vWA, FGA, TH01, TPOX, CSF1PO, D5S818, D13S317, and D7S820 loci were determined in a sample of 290 unrelated individuals (204 Caucasians and 86 mulattoes) living in the city of S?o Paulo, Brazil. The sex test Amelogenin was also performed in all subjects from our sample, revealing the expected sex in all instances. Allele frequency data obtained from the analysis of these samples were in the usual range of other population groups with similar racial background. In the sample of Caucasian individuals, panmictic proportions were ruled out in relation to TPOX and CSF1PO loci, but only in the latter was the overall frequency of heterozygotes significantly less than expected. In the sample of mulattoes, Hardy-Weinberg proportions were rejected in relation to FGA and CSF1PO loci, but in no instance were the overall numbers of heterozygotes different from the corresponding expected ones under panmixia. Taking into account all this and also the number of tests performed, the degree of genetic heterogeneity of Brazilian populations, and the critical level reached by the significant results (1% < alpha<5%), the departures from panmixia here observed can be considered to be negligible in altering significantly biologic relationship odds calculated under the assumption of random matings.     

DNA typing: an accessory evidence in doping control

A clear positive case for anabolic steroids doping was confounded by alleged urine tampering during doping control procedures. Review of the chain of custody showed no flaws, but nevertheless the athlete was adamant that the urine sample should be analyzed for DNA in order to support her contention that she was not the donor of the sample. The results obtained showed that the urine sample that scored positive for steroids contained nuclear DNA that could not be matched to the DNA obtained from the athlete's blood. On the other hand, the same urine sample contained mitochondrial DNA whose nucleotide sequences spanning the hyper variable regions HV1 and HV2 proved to be identical to those determined in mitochondrial DNA amplified from the athlete's blood. The occurrence of an extraneous genotype is compatible with exogenous nuclear DNA admixture to the athlete's urine. Alternatively, taking in consideration the mitochondrial DNA, we could not exclude that a sibling or a maternal relative of the athlete could have acted as a donor of the urine utilized for doping control and DNA analysis. Both situations point to possible tampering of the urine by the athlete. Adjudication at CAS maintained previous national and international federation decision that there was no proof of a chain of custody flaw to justify the athlete's allegation of urine substitution after collection.     

Is consent required to use registered trade marks on model replica cars?

A car manufacturer that is a proprietor of a trade mark registeredfor toys cannot prohibit use by a third party of its trade markon model replica cars unless such use affects the functionsof the trade mark or takes unfair advantage of, or is detrimentalto, the distinctive character or repute of the mark.     

The German community in 19<Superscript>th</Superscript> century Hong Kong

This article examines the development of the German community in Hong Kong between the 1840s and the outbreak of the First World War. It pays particular attention to the question of how the Germans, as a minority group in the crown colony, attempted to strike a good balance between integration and segregation, cultural assimilation and dissimilation, national identity and marginalization. Through investigating their social life, missionary activities and economic activities in Hong Kong, it shows that they, on the one hand, cooperated closely with the British who were in charge of key political and economic affairs, and on the other hand worked with the local Chinese on different social stratums. Although the unification of Germany in 1870 strengthened the sense of nationhood among German people in Hong Kong, they strove to strengthen the German cultural and economic network that already existed in and around the colony, without sacrificing their business and social interests which were interwoven with those of the British and the local Chinese. It is this strategy that enabled them to survive in Hong Kong until 1914.     

关于土地归属的初步讨论——以大陆法系传统、罗马法和俄罗斯法为视角

在以罗马法为基础的大陆法系传统中,关于土地归属的法律规定对俄罗斯法产生了一定的影响。分析在罗马法以及中世纪法中土地归属法律规定的复杂性,并且就资产阶级法典化过程中,通过个人所有权和他物权体系的构建,对土地归属问题复杂性的简化需要加以说明。此外,大陆法系传统概念在苏联时期俄罗斯法中所遭受的阻力,而所有权结构在俄罗斯联邦新民法典和土地法典中的扩张也值得重视。     

Deciding on the Electoral System: Chile's Adoption of Proportional Representation in 1925

In 1925 a new electoral system was introduced in Chile. This reform changed the electoral formula from a cumulative voting system to a proportional one (d'Hondt) and established new rules about district magnitude and form of voting. It has been argued that this reform was motivated by the emergence of new parties or the expansion of the electorate. This article offers an alternative explanation: in the case of Chile, the main reason for the electoral reform was the parties' need to solve problems of strategic coordination stemming from the characteristics of the Chilean cumulative voting system. In this context, the Chilean case shows that there are many routes to proportionality.