3D打印冲击下专利间接侵权制度研究

近20多年来,3D打印技术的迅猛发展及其打印成本的不断下降,使其渐渐开始融入到人们的日常生活之中。在网络时代背景下,3D数据文件作为侵权客体的关键部件,能够通过网络共享迅速地传播,将给现有的专利侵权制度带来一场变革。3D打印模式下专利侵权呈现出版权化趋势,使现有专利侵权制度中共同侵权的实用性严重萎缩,而借鉴帮助侵权、代位侵权也并非长远之计。所以,面对专利侵权新模式,归根结底还是专利间接侵权制度的构建问题。与此同时,借鉴美国《数字千年版权法》也是应对冲击的策略之一。     

Effectiveness of comparison overlays generated with DentalPrint software in bite mark analysis

Validation studies of the new DentalPrint software were carried out with experimental bite marks in pigskin. The bite marks were digitally photographed according to the ABFO guidelines for evidence collection. Dental casts used in the experiment were scanned in 3D and 2D, and comparison overlays were generated using DentalPrint and Adobe Photoshop software, respectively. Digitized photographs of the experimental bite marks and the biting edges obtained in the overlays were compared by two different examiners to analyze the impact of training and experience with the two methods. Receiver operating characteristic (ROC) analysis, sensitivity, specificity, and 95% confidence intervals for each cutoff point were calculated. The expert examiner using DentalPrint obtained the best results, with an area under the ROC curve of 0.76 (SE=0.057; CI at 95%=0.652-0.876). Fairly high specificity values were found for DentalPrint, and the best results were obtained for the cutoff value that discriminated between the examiner's response "biter" and the rest of the possible (specificity 97.9%, CI at 95%=93.2%-99.6%). Therefore, the results presented here indicate that DentalPrint is a useful, accurate tool for forensic purposes, although further research on the comparison process is needed to enhance the validity of bite mark analysis.     

Comparing the performance of IBIS and BulletTRAX-3D technology using bullets fired through 10 consecutively rifled barrels

This study evaluates the abilities of the Integrated Ballistics Identification System (IBIS) and BulletTRAX-3D electronic imaging systems to identify bullets fired by the same weapon in a large database of images. Ten consecutively rifled handgun barrels were test fired to obtain reference sample and known match sample pairs for upload onto both bullet acquisition systems. Both copper-jacketed and lead bullets were uploaded, to account for variations in the manner in which markings are reproduced on the different metal compositions. Ranked correlation lists were examined and evaluated. For copper-jacketed bullet correlations, both IBIS and BulletTRAX-3D identified all reference samples to their known matches within the top 10 positions. For lead bullets, BulletTRAX-3D identified all reference samples to their known match in the top 10 positions while IBIS identified only 30%. For inter composition comparisons, BulletTRAX-3D was more successful than IBIS, identifying 100% of reference samples to their known match in the top 20 for copper-jacketed to lead comparisons and 90% for lead to copper-jacketed comparisons. These results suggest that BulletTRAX-3D is more effective than IBIS in the analysis of a wider range of bullet types and it was also found to produce images of superior quality.     

中医医疗技术损害侵权鉴定中的证据审查分析简

近些年,随着全民养生保健意识的逐步提高,选择中医治疗的患者越来越多,接踵而来的是因中医医疗技术损害引起纠纷的案件数量的攀升。但目前国内外大多数都是按照西医治疗的标准进行鉴定,一直未形成具有针对性、系统性、统一性的中医医疗纠纷鉴定的标准与原则。本文中,作者旨在结合《侵权责任法》中医疗技术损害责任的相关规定,阐述中医辨证论治的特点,审查分析中医医疗技术纠纷鉴定中的相关证据。     

新型微流体液相色谱(micro-LC)串联四极杆质谱检测头发中5种苯二氮卓类药物

目的建立了新型微流体液相色谱(micro-LC)串联四级杆质谱检测头发中5种苯二氮卓类药物(三唑仑,α-羟基咪达唑仑,咪达唑仑,α-羟基阿普唑仑,普拉西泮)。方法采用液-液萃取法(LLE)提取毛发样品,微流体液相色谱串联四级杆质谱检测。结果在回归系数大于0.99的情况下,目标分析物的良好线性。精密度和萃取效率分别在2.7%~17.1%和66.5%~120.5%之间。每个分析物的检出限和定量限分别为0.001~0.08 pg·mg^-1和0.0125~0.25pg·mg^-1。结论本方法与传统的液相色谱串联质谱法(LC/MS-MS)相比灵敏度出高2-10倍。本研究展示了新型微流体分离系统串联质谱方法的实用性,并为法医毒理学领域关于头发样本中痕量药物检测提供了一种新的检测手段。     

Privacy by design and anonymisation techniques in action: Case study of Match technology

Privacy by Design is now enjoying widespread acceptance. The EU has recently expressly included it as one of the key principles in the revised data protection legal framework. But how does Privacy by design and data anonymisation work in practise? In this article the authors address this question from a practical point of view by analysing a case study on EU Financial Intelligence Units (“FIUs”) using the Ma³tch technology as additional feature to the existing exchange of information via FIU.NET decentralised computer network. They present, analyse, and evaluate Ma³tch technology from the perspective of personal data protection. The authors conclude that Ma³tch technology can be seen as a valuable example of Privacy by Design. It achieves data anonymisation and enhances data minimisation and data security, which are the fundamental elements of Privacy by Design. Therefore, it may not only improve the exchange of information among FIUs and allow for the data processing to be in line with applicable data protection requirements, but it may also substantially contribute to the protection of privacy of related data subjects. At the same time, the case study clearly shows that Privacy by Design needs to be supported and complemented by appropriate organisational and technical procedures to assure that the technology solutions devised to protect privacy would in fact do so.     

Time-dependent immunohistochemical detection of proinflammatory cytokines (IL-1β, IL-6, TNF-α) in human skin wounds

The proinflammatory cytokines interleukin-1beta (IL-1β), interleukin-6 (IL-6) and tumour necrosis factor-alpha (TNF-α) hold important functions in the early and late courses of inflammation, trauma and wound healing. In the present study, human skin wounds due to sharp force (n=105) were collected during surgery and autopsy. The wound age mainly varied from several minutes to 5 h, some specimens aged up to 6 weeks. Control specimens from uninjured skin were available in each case. After preparation of cryostat sections, immunohistochemistry was performed according to the APAAP technique, using monoclonal and polyclonal antibodies. The results were evaluated semiquantitatively. All markers were weakly expressed in normal human skin constitutively. However, the staining pattern changed significantly in vital wounds concerning epidermal layers, subepidermal cells, vessels and sweat glands. IL-1β and IL-6 showed enhanced expression after 15 and 20 min at the earliest (increase of epidermal reactivity). After 30–60 and 60–90 min, respectively, marked expression was observed with these markers. Similar alterations were detectable with TNF-α after 15 and 60–90 min. The reactivity of all three markers persisted over several hours, then decreased to basal levels again and sometimes reappeared after days and in granulation tissue. Leukocytes reacting with IL-1β and IL-6 appeared after approximately 2 h. Conclusion: proinflammatory cytokines can serve as a useful tool for the estimation of vitality and wound age, in particular in the early post-traumatic interval prior to leukocyte reaction. Autolysis did not play a role in the samples investigated (postmortem interval up to 8 days). Problems could sometimes rise from constitutive expression. Therefore, it is recommended to examine control samples from the same individual and to compare the reactivity with wound specimens.     

人外周血FoxO3a mRNA表达随龄变化规律的初步研究

目的评估人外周血中FoxO3a mRNA表达的随龄变化规律,为法医学个体年龄推断寻找新的分子指标。方法采集80个健康无关个体血样,按年龄分为8组:≤9岁、10～19岁、20～29岁、30～39岁、40～49岁、50～59岁、60～69岁、≥70岁组,每组10人。提取总RNA后,用实时定量RT-PCR技术检测FoxO3a mRNA的表达水平。结果人外周血FoxO3a mRNA表达随年龄的增长而逐渐增加,具有良好的相关性(r=0.841,P0.01),以年龄分组为自变量,FoxO3a mRNA表达水平为因变量,可得拟合曲线Y=0.001e0.418x。结论人外周血中FoxO3a mRNA表达具有较强的年龄特征,有望成为年龄推断的有用指标之一。     

Immunohistochemical staining as a potential method for the identification of vaginal epithelial cells in forensic casework

There is currently no accurate method to identify vaginal epithelial cells uniquely. This study aimed to use a cell extraction procedure compatible with routine forensic sampling methods, and to investigate the expression of cytokeratin (CK), estrogen receptor-alpha (ERalpha), and phosphodiesterase 5 (PDE5) in order to distinguish between skin, buccal, vaginal, and external penile epithelial cells. Seminal fluid samples were also examined. Epithelial cell samples were fixed in formalin, embedded in agarose, and processed using histological methods. Antigen-antibody reactions were detected using the DAKO Envision+ detection system. CK was present in all cells from all five sources confirming the origin of cells as epithelial. Both ERalpha and PDE5 positively labeled vaginal, buccal, and skin epithelial cells. Although an antigen unique to vaginal epithelial cells was not identified, we have described a cell extraction procedure for use in the immunohistochemical detection of a wide range of antigens, an approach compatible with forensic diagnostics.     

Application of 3D documentation and geometric reconstruction methods in traffic accident analysis: with high resolution surface scanning, radiological MSCT/MRI scanning and real data based animation

The examination of traffic accidents is daily routine in forensic medicine. An important question in the analysis of the victims of traffic accidents, for example in collisions between motor vehicles and pedestrians or cyclists, is the situation of the impact. Apart from forensic medical examinations (external examination and autopsy), three-dimensional technologies and methods are gaining importance in forensic investigations. Besides the post-mortem multi-slice computed tomography (MSCT) and magnetic resonance imaging (MRI) for the documentation and analysis of internal findings, highly precise 3D surface scanning is employed for the documentation of the external body findings and of injury-inflicting instruments. The correlation of injuries of the body to the injury-inflicting object and the accident mechanism are of great importance. The applied methods include documentation of the external and internal body and the involved vehicles and inflicting tools as well as the analysis of the acquired data. The body surface and the accident vehicles with their damages were digitized by 3D surface scanning. For the internal findings of the body, post-mortem MSCT and MRI were used. The analysis included the processing of the obtained data to 3D models, determination of the driving direction of the vehicle, correlation of injuries to the vehicle damages, geometric determination of the impact situation and evaluation of further findings of the accident. In the following article, the benefits of the 3D documentation and computer-assisted, drawn-to-scale 3D comparisons of the relevant injuries with the damages to the vehicle in the analysis of the course of accidents, especially with regard to the impact situation, are shown on two examined cases.     

The relationship between bedding and face-down death in infancy: mathematical analysis of a respiratory simulation system using an infant mannequin to assess gas diffusibility in bedding

Rebreathing is a model for the relationship between a prone sleeping position and sudden infant death syndrome. This study used a mechanical simulation model to establish the relationship between types of bedding and rebreathing potential for an infant placed prone (face down) at different postnatal ages. The infant mannequin was connected to a respirator set to deliver physiologically appropriate combinations of tidal volume (V(T)) and respiratory rates (RR) across a range of postnatal ages (0-18 months). Before measurements were made, CO(2) flow was regulated to 5+/-0.1% of end-tidal PCO(2) (EtCO(2)). After the model was placed in a prone position, any increase in the fractional concentration of inspired CO(2) (FiCO(2)) was measured. FiCO(2) increased immediately and rapidly, and reached a maximum value within a few minutes. The maximum FiCO(2) ranged from under 2% to over 10%, depending on the bedding. FiCO(2) was also affected by V(T) and RR. This model is not applicable to actual infants because of the large tissue stores of CO(2) in infants; however, it is useful for evaluation of gas diffusibility of bedding and will simplify the investigation of sleeping environments when a baby is found dead with its face covered by soft bedding. In general, the higher the FiCO(2), the greater the rebreathing potential. Theoretically, considering the paucity of body stores of O(2), changes in FiO(2) would be affected not by changes in FiCO(2), but by CO(2) production and gas movement around the infant's face. The rapid decrease of FiO(2) is approximated at the inverse of the FiCO(2) timecourse, suggesting the significance of not only CO(2) accumulation but also O(2) deprivation in the potential space around the baby's face.     

Comparative analysis of 1-phenyl-2-propanone (P2P), an amphetamine-type stimulant precursor, using stable isotope ratio mass spectrometry: Presented in part as a poster at the 2nd meeting of the Joint European Stable Isotope User Meeting (JESIUM), Giens, France, September 2008

The isotope ratios of amphetamine type stimulants (ATS) depend as well on the precursor as the synthetic pathway. For clandestine production of amphetamine and methamphetamine, 1-phenyl-2-propanone (P2P, benzylmethylketone) is a commonly used precursor.Our aim was to determine the variation of the isotope ratios within precursor samples of one manufacturer and to compare seized samples of unknown sources to these values. δ¹³C_V-PDB, δ²H_V-SMOW and δ¹⁸O_V-SMOW isotope ratios were determined using elemental analysis (EA) and gas chromatography (GC) coupled to an isotope ratio mass spectrometer (IRMS). The comparison of all seized samples to the data of the samples of one manufacturer revealed considerable differences. The results show that IRMS provides a high potential in differentiating between precursors from different manufacturers for the clandestine production of ATS and identifying corresponding sources.