滥用专利权的内涵及其制止措施

通过论述在我国建立制止滥用专利权体系的必要性,围绕滥用专利权行为的内涵以及制止滥用专利权行为的措施这两个核心问题,介绍了《巴黎公约》和《TRIPS协定》的有关规定以及美国制止滥用专利权行为的实际做法,在此基础上分析我国反垄断法和专利法有关规定的含义.     

Drug and violence prevention: Rediscovering the critical rational dimension of evaluation research

Following criticism of government-funded drug prevention activities of the early 1990s, a spate of best practice or science-based lists of alcohol, drug and violence prevention programs have been produced by federal agencies in recent years. The writings of Donald T. Campbell on validity have had a profound influence on the development of the methodological quality scales that have been utilized in the review processes used to generate these lists. Implicit in this approach to the identification of science-based prevention programs is the idea that science is equivalent to research methodology and study design. Following Karl Popper and Campbell, I contend that, while certain designs are clearly better than others in dealing with threats to internal validity and allow for better generalization of results beyond the study population, utilization of these designs in and of itself is not sufficient to designate an evaluation study as scientific. Nor can the accumulation of data from such studies be used to proclaim an entire area of research a science, as has occurred with the field of so-called prevention science. Rather, the fundamental criterion by which to judge the scientific status of a theory is falsifiability. If the field of drug and violence prevention is truly a science, then it should be subjecting its predictions about the effects of intervention programs to genuinely critical tests and not attempting to verify these hypotheses. It is argued that it has failed to do this, and two specific examples of prevention programs that appear on a number of science-based lists of prevention programs are discussed.     

船舶优先权一年时效与行使关系的探讨

船舶优先权1年的有效期在界定上和程序上存在着矛盾。该期间既不同于民法中的时效,也不同于除斥期间。其关键是扣船行为完成的时间是否必须在1年时间之内,还是请求人只要在1年期间内诉求法院便可保住船舶优先权,而具体的执行可留待将来扣住当事船舶以实现船舶优先权。从时效的概念和除斥期间的效能来分析,船舶优先权的保护应以1年内在海事法院立案为限,而不应以1年内必须扣留当事船舶为限。     

Prevention science,drug abuse prevention,and Life Skills Training: Comments on the state of the science

There has been tremendous growth in the field of prevention science over the past two decades. The defining features of contemporary prevention science are high quality empirical research using rigorous and well-established scientific methods, careful hyphothesis testing, and the systematic accumulation of knowledge. One area where substantial progress has been made is in our understanding of the etiology and prevention of tobacoo, alcohol, and illicit drug abuse. In this paper, we review the growth in prevention as a scientific enterprise, discuss advances in drug abuse prevention research, and review the effectiveness of one approach to the problem of adolescent drug abuse, the Life Skills Traning (LST) program, and the methodological strengths of the LST evaluation research. In addition, we provide a response to criticism regarding two types of data analysis in evaluation research, and show that these analyses can help address a number of important research questions with implications for theory and practice. First, the analysis of high fidelity subsamples can address research questions about the importance of program implementation fidelity; and second, composite measures of concurrent tobacco, alcohol, and marijuana use (i.e., polydrug use) are useful in testing research questions about program effects on more serious levels of drug involvement. With an increasing number of ramdomized controlled trials underway, the field of prevention science is contributing to a new generation of evidence-based approaches and policies that, if widely utilized, offer the potential of reducing the mortality and morbidity associated with a number of major health and social problems.     

去除时效制度的反道德性——时效制度存在理由论

"权利消减"的时效构成背离了人类的一般道德情操和自然正义观念,而"公益"、"社会秩序"、"信赖保护"、"社会效率"、"不保护权利上的休眠者"等都不能使该构成正当化。将时效定性为"权利推定"的制度,克服真正权利人或已免责义务人的举证困难,将从根本上去除时效制度的反道德性,使其成为"人类权利的保护神"。     

Effects on academia-industry collaboration of extending university property rights

Several recent studies show European university scientists contributing far more frequently to company-owned patented inventions than they do to patents owned by universities or by the academic scientists themselves. Recognising the significance of this channel for direct commercialisation of European academic research makes it important to understand its response to current Bayh-Dole inspired reforms of university patenting rights. This paper studies the contribution from university scientists to inventions patented by dedicated biotech firms (DBFs) specialised in drug discovery in Denmark and Sweden, which in this respect share a number of structural and historic characteristics. It examines effects of the Danish Law on University Patenting (LUP) effective January 2000, which transferred to the employer university rights to patents on inventions made by Danish university scientists alone or as participants in collaborative research with industry. Sweden so far has left property rights with academic scientists, as they also were in Denmark prior to the reform. Consequently, comparison of Danish and Swedish research collaboration before and after LUP offers a quasi-controlled experiment, bringing out effects on joint research of university IPR reform. In original data on all 3,640 inventor contributions behind the 1,087 patents filed by Danish and Swedish DBFs 1990–2004, Difference-in-Difference regressions uncover notable LUP-induced effects in the form of significant reductions in contributions from Danish domestic academic inventors, combined with a simultaneous substitutive increase of non-Danish academic inventors. A moderate increase in academic inventions channelled into university owned-patents does appear after LUP. But the larger part of the inventive potential of academia, previously mobilised into company-owned patents, seems to have been rendered inactive as a result of the reform. As a likely explanation of these effects the paper suggests that exploratory research, the typical target of joint university-DBF projects in drug discovery, fits poorly into LUP’s requirement for ex ante allocation of IPR. The Pre-LUP convention of IPR allocated to the industrial partner in return for research funding and publication rights to the academic partner may have offered more effective contracting for this type of research. There are indications that LUP, outside the exploratory agenda of drug discovery, offers a more productive framework for inventions requiring less complicated and uncertain post-discovery R&D.

Loperamide as a Potential Drug of Abuse and Misuse: Fatal Overdoses at the Medical University of South Carolina

Loperamide is an over‐the‐counter, μ‐opioid receptor agonist commonly used as an antidiarrheal agent. Loperamide was thought to have minimal abuse potential due to its low bioavailability and limited central nervous system activity; however, there have been increasing reports of loperamide misuse in supratherapeutic doses to achieve euphoria and/or avoid opioid withdrawal. A literature review suggests a rise in loperamide abuse was inevitable, with substantial increases in reported cases over the last decade. Five fatal cases of toxic medication use where loperamide was listed as a primary or contributory cause of death were identified at the Medical University of South Carolina. The characteristic autopsy demographics and findings are described, and the mechanisms of abuse and toxicity of loperamide are reviewed. Loperamide overdoses are a growing concern from both a forensic and clinical standpoint, and the frequency of reported cases will likely increase as awareness grows within the medical and toxicological communities.     

检察机关预防医疗系统职务犯罪问题研究

随着社会经济的发展和进步,医疗系统在社会生活中的地位和作用日益重要。然而该系统的职务犯罪也愈演愈烈,严重侵害了患者的切身利益,恶化了医患关系,扰乱了正常的医疗管理秩序。本文拟讨论医疗系统职务犯罪的多发易发环节,从博弈论、分权制约理论、犯罪亚文化的角度探寻医疗系统职务犯罪的成因,并从严惩处、强监督、正文化三个方面揭示检察机关预防职务犯罪的对策。     

欺诈骗取医保基金风险防范的国际比较

采取文献分析法梳理国内外欺诈骗取医保基金风险防范的发展及现况,总结和比较打击欺诈骗保对策,以期为我国提供有价值的参考和建议.欺诈骗保行为的表现形式及成因多样,我国可借鉴国际经验,首要是完善相关法律并成立专门机构,利用大数据技术等手段,加强对医疗服务提供方和需求方的监管.     

Situational factors in female-perpetrated child sexual abuse in organisations: implications for prevention

ABSTRACT

Despite increasing interest in child sexual abuse occurring in organisations, the perpetration of such abuse by females is largely ignored. This study examined situational factors in 136 cases of sexual abuse perpetrated by women working with children in the UK, Canada and the USA between 2000 and 2016. Qualitative and quantitative content analysis of court reports, professional regulator decisions, media reports and an online sentencing database was used, findings indicating that situational and contextual factors are highly relevant in perpetration. Much abuse occurs away from the organisational environment, particularly in perpetrators’ homes and cars, and in virtual environments. However, it also occurs within organisations, generally in unsupervised areas, outside of operating hours and often during mentoring/tutoring or extra-curricular activities. Organisational and local culture can be a facilitator in this abuse and allow it to continue even when concerns are raised. Practical prevention measures are suggested to assist in reducing future abuse.     

Latinos in the war on drugs: The role of offender citizenship status and family ties on downward departures

The present study analyzes Latino drug offenders sentenced in U.S. federal courts from 2006–2014 in order to assess whether any family ties effects were contingent on offenders’ citizenship status. The findings indicate that citizenship status conditions the influence of family ties on the decision to grant downward departures, but not the decision on the magnitude of the discount granted. The findings indicate the importance of conducting intra-ethnic examinations of sentencing outcomes for Latinos rather than assuming parity in treatment and solely comparing them to other groups.     

Doing prevention science: A response to Dennis M. Gorman and a brief history of the quasi-experimental study nested within the Seattle Social Development Project

The history of the quasi-experimental intervention test nested within the Seattle Social Development Project (SSDP) is described in the context of the history of delinquency and drug abuse prevention studies before and after 1980. Efforts to identify and assess threats to internal validity associated with the study design are discussed. The pattern of observed results associated with the intervention test is reviewed, and our efforts to advance both prevention theory and preventive interventions in light of these findings are described.     

Bayesian adaptive approach to estimating sample sizes for seizures of illicit drugs

A considerable amount of discussion can be found in the forensics literature about the issue of using statistical sampling to obtain for chemical analyses an appropriate subset of units from a police seizure suspected to contain illicit material. Use of the Bayesian paradigm has been suggested as the most suitable statistical approach to solving the question of how large a sample needs to be to ensure legally and practically acceptable purposes. Here, we introduce a hypergeometric sampling model combined with a specific prior distribution for the homogeneity of the seizure, where a parameter for the analyst's expectation of homogeneity (α) is included. Our results show how an adaptive approach to sampling can minimize the practical efforts needed in the laboratory analyses, as the model allows the scientist to decide sequentially how to proceed, while maintaining a sufficiently high confidence in the conclusions.     

新疆毒品犯罪现状及其防治对策探讨

目前,毒品犯罪在全世界范围内猖獗,已成为人类共同的敌人。在我国,境外毒品多头入境,走私、贩卖、运输、制造毒品的犯罪活动愈演愈烈,毒品犯罪案件持续增长,毒品犯罪群体和贩销网络形成,吸毒问题日趋严重。由于受国际毒潮的侵袭、渗透和国内毒情的辐射、互动以及社会、经济、地理、人文环境等因素的作用,新疆地区的毒品犯罪活动也迅速蔓延、愈益严重,已成为我国毒品犯罪的重灾区之一。为了严厉打击新疆地区的毒品犯罪,有效遏制毒品的蔓延,必须运用多元化的手段来进行全面、持久的综合治理。     

School-Based Prevention of Problem Behaviors: A Meta-Analysis

This study examines the features of effective school-based prevention of crime, substance use, dropout/nonattendance, and other conduct problems. It summarizes, using meta-analytic techniques, results from 165 studies of school-based prevention activities that ranged from individual counseling or behavior modification programs through efforts to change the way schools are managed. The results highlight several inadequacies in the existing research for guiding policy and practice, the most notable of which is that many popular school-based prevention approaches have not been well studied to date. The study shows, however, that school-based prevention practices appear to be effective in reducing alcohol and drug use, dropout and nonattendance, and other conduct problems. The size of the average effect for each of the four outcomes was small and there was considerable heterogeneity across studies in the magnitude of effects, even within program type after adjusting for measured method and population differences. Non-cognitive-behavioral counseling, social work, and other therapeutic interventions show consistently negative effects, whereas self-control or social competency promotion instruction that makes use of cognitive-behavioral and behavioral instructional methods show consistently positive effects. Also effective are noninstructional cognitive-behavioral and behavioral methods programs. Environmentally focused interventions appear to be particularly effective for reducing delinquency and drug use.     

日本防灾教育的成功经验与启示

本文主要从日本防灾教育的主要方法和措施等方面介绍日本防灾教育的成功经验以及对我国防灾教育的启示。