Inspiration is not infringement

Features in a coin-operated arcade game ‘Pocket Money’inspired similar features in subsequent coin-operated games‘Jackpot Pool’ and ‘Trick Shot’, butdid not amount to copyright infringement as they did not forma substantial part of the original game.     

When functionality is not fatal

The Court of Appeal has confirmed that, under both UK and EuropeanCommunity law, functional designs can be protected by unregistereddesign right provided that there exist other means of achievingthe same purpose.     

Sex offender treatment is not punishment

Abstract

The treatment of sexual offenders can be fraught with ethical dilemmas. Practitioners must balance the therapeutic needs of sex offender clients alongside the risks they might pose to others. These ethical challenges include balancing community safety with the rights of the offender, the privileged therapeutic relationship and the potential for coerced treatment. In this paper, we respond to Glaser's argument that treatment is punishment and that sex offender treatment providers breach ethical codes by violating confidentiality, engaging in coercion, and ultimately causing harm to clients. We first consider whether sex offender treatment is indeed punishment. We argue that it is not, and that mandated treatment can and should be conducted in a fashion consistent with professional codes of ethics familiar to mental health providers. We then discuss the human rights model, which we agree is an essential lens through which to view the psychological treatment of sexual offenders. We attempt, as have other scholars, to illustrate the ways in which human rights principles intersect with traditional mental health codes of ethics particularly in the case of sex offender treatment. We conclude that sex offender treatment can be conducted ethically, that treatment differs from punishment in clear and distinct ways, and that ethical treatment conforms to a human rights perspective.     

Comparative advertising is not trade mark infringement

The Court of Appeal has indicated that the use of a competitor'sregistered trade mark for comparative advertising is not trademark infringement.     

Case commentary: anonymisation is not exoneration

This case commentary analyses a ruling that any use of information given in confidence for unconsented purposes is a breach of confidence capable of supporting a legal action (even if the information has previously been anonymised and aggregated). The ruling is being appealed. It is argued that, while it is reasonable to delineate a narrower duty of confidentiality (not to disclose personal information, against breach of which anonymisation protects), this must be within a broad duty of confidence (not to use private information, which using anonymous information can still breach). Thus, the ruling is fundamentally correct in holding that anonymisation does not permit information obtained in confidence to be used for unconsented purposes. This, however, implies that information obtained for a patient's treatment may not be used lawfully for medical research or NHS management purposes without consent, even if it is anonymised. Such a consequence is unacceptable as a matter of public policy. However, it is equally unacceptable to seek an exemption through the idea that patients give "implied consent" for medical research and NHS management purposes. It is also unacceptable to maintain that the public interest in medical research (regardless of its aims) justifies unconsented use of information obtained in confidence, even if the information is anonymised. The way in which Section 33 of the Data Protection Act 1998 creates an exemption to its Second Data Protection Principle provides a ready-made model for a public interest based exemption for medical research and statistical NHS purposes.     

Fatal unintentional intoxications with tramadol during 1995-2005

Tramadol is an extensively used centrally acting analgesic and is considered a safe drug devoid of many serious adverse effects of traditional opioids. However, recently, toxicity and an abuse potential of tramadol have been reported. This study examined fatal unintentional tramadol intoxications among Swedish forensic autopsy cases between 1995 and 2005. All fatal intoxications were selected, in which toxic concentrations of tramadol (>1 microg/g femoral blood) had been detected, and where the forensic pathologist considered the intoxication unintentional and the fatal outcome at least partly explained by tramadol. Toxicology analyses, police reports, autopsy protocols and medical records were scrutinized. A total of 17 cases (eleven men and six women) of fatal unintentional tramadol intoxications were identified. For these cases the median age was 44 years (range 18-78 years) and the median tramadol concentration was 2.0 microg/g (range 1.1-12.0 microg/g). Other pharmaceutical substances, illicit drugs or ethanol were detected in addition to tramadol in all of these cases. In fact, intoxication with multiple drugs was considered the cause of death in 10 (59%) cases. However, in seven cases tramadol was the only substance present in toxic concentrations. A history of substance abuse was identified in 14 (82%) subjects and a present tramadol abuse in 8 (47%). These results suggest that fatal intoxications with tramadol may occur unintentionally and that subjects with a history of substance abuse may be at certain risk. Precaution is therefore warranted when prescribing tramadol in such patients.     

Confidence inflation in eyewitnesses: Seeing is not believing

Purpose. Confidence inflation in eyewitnesses obscures a useful cue to identification accuracy and affects evaluations of eyewitnesses (e.g., Bradfield & McQuiston, 2004; Jones, Williams, & Brewer, 2008). We examine whether sensitivity to confidence inflation evidence is enhanced by seeing a videotape of the identification procedure. Methods. Participants (N= 131) watched a videotaped trial in which the witness's original confidence statement was presented as part of a previously recorded videotaped identification procedure or read by the witness at trial. In addition, the witness's identification confidence was either consistently high or low at the time of the identification and high at the trial (i.e., it was inflated). Results. Significant interactions demonstrated that confidence inflation evidence factored into judgments of the eyewitness and defendant guilt more strongly in the videotape condition compared with the read condition. Conclusions. The present results support recommendations to collect immediate confidence reports and videotape identification procedures. Using videotape evidence may help innocent defendants convince jurors that the eyewitness's identification is not accurate.     

军事法院不适合审理民事案件

军事法院开展民事案件审理工作,与新形势下的军事变革和军队编制调整相矛盾,势必会产生一系列的问题。因此,民事案件并不适合由军事法院审理。