From france to new france: Quebec family names,past and present

The history of family names is directly linked to the history of populations. In the French-Canadian case, this history has two main features: a small number of founding members of a population, and a rapid increase due to a high reproduction rate, without any significant new influx of immigrants. Other factors intervened in the success of certain names: differential reproduction rates between regions, how early the name was established; and the use of surnames, which in some cases replaced the original name. With respect to names, France and New France were very different. Research in France on the names of a sample of pioneers going to the New World shows little expansion of several names, particularly in the immigrants' region of origin.     

Flemish immigration in wallonia and in france:

Flemish emigration during the nineteenth and twentieth centuries is too complex to be dealt with definitively in a single article. Our main objective is to provide an overview of the migration towards France and Wallonia by looking at its chronology, and the spatial distribution of emigrants and their descendants. In this effort, patronym distribution is very helpful. As markers of migratory movements, patronyms from a collection of nominative lists give us a handle on migration flows as no other evidence can. Comparing France and Wallonia, the two destination areas, it is possible to see similarities between types of migrants: workers in heavy industry, workers in the agricultural sector, and workers engaged in domestic services. In addition, three phases may be identified in the arrival of a Flemish population in France and Wallonia: an emigration phase, an integration phase, and a redistribution phase. The last phase is also part of the urbanization process and is linked with upward social mobility.     

WHY DID YOU CHANGE YOUR NAME? Name Changing Patterns and the Life Course in Early Modern Japan

Many legal documents of the early modern period of Japan's history contain references to common people changing their personal legal names. This article is a first report of an effort to discover why men changed their names and the social structures behind this behavior. The study uses the population registries of Nishijo village in Central Japan to trace the name changes of men in the village, and the life courses of men who changed their names and of those who did not. It analyzes the relation of name changers to life events, to their family members, and to family structure. Name changing was strongly related to succession to the headship and inheritance in the stem family. In some families, specific names were inherited together with the headship. However, name changing seems to have been more commonly used to mark heirs and eldest sons who did not inherit and thus reveals the maneuvering within families to ensure the capable lineal continuity of the family. Name changing patterns may be an important tool for understanding the development of the stem family.     

Flemish immigration in wallonia and in france:: Patronyms as Data

Flemish emigration during the nineteenth and twentieth centuries is too complex to be dealt with definitively in a single article. Our main objective is to provide an overview of the migration towards France and Wallonia by looking at its chronology, and the spatial distribution of emigrants and their descendants. In this effort, patronym distribution is very helpful. As markers of migratory movements, patronyms from a collection of nominative lists give us a handle on migration flows as no other evidence can. Comparing France and Wallonia, the two destination areas, it is possible to see similarities between types of migrants: workers in heavy industry, workers in the agricultural sector, and workers engaged in domestic services. In addition, three phases may be identified in the arrival of a Flemish population in France and Wallonia: an emigration phase, an integration phase, and a redistribution phase. The last phase is also part of the urbanization process and is linked with upward social mobility.     

Medico-legal secrecy in New Zealand

In the absence of the right to sue for medical negligence, the New Zealand Health and Disability Commissioner (HDC) and the Health Practitioners Disciplinary Tribunal (HPDT) have become the centrepieces of New Zealand's medico-legal system. This article examines the claim that for both bodies secrecy, by name suppression, is the default position and that the private interests of doctors are elevated above the legitimate public interest in the performance of medical professionals. In particular, it examines HDC's blanket policy of suppressing the names of complainants, practitioners, hospitals, District Health Boards and geographical locations, and HPDT's stated but wavering commitment to openness. The authors conclude that both bodies may have failed, albeit in different ways, to recognise the legitimate and significant public interest in the names of those few practitioners found in breach of professional standards.     

公众人物姓名商标注册的法律规制——以公众人物姓名与注册商标权利冲突为视角

姓名具有识别功能,亦可被作为商标使用。公众人物基于自己的努力使得自己的姓名在社会公众中具有一定的吸引力,并使得自己的姓名蕴含了一定的商业价值。基于此,常有第三人欲借用公众人物对社会大众吸引力变为对商品的消费,而未经公众人物许可将其姓名注册为商标。对此情况,我国商标法以较隐蔽的方式进行限制,但法律规定的不明晰使得公众人物姓名被抢注为商标的情况仍不时发生,并直接导致公众人物姓名权与姓名商标权之间的冲突。为此,法律在商标注册时应进行规制,从知名度的认定、争议商标与公众人物姓名相同的认定以及争议商标使用的事实状态等三个方面进行考量,防止不当注册的情况产生。     

A Case Study of Semiotic Distinctiveness in Brand Names

Brand names constitute a form of value for commercial products, because they suppose a savings of search costs for the consumer. The law, as a consequence, has the obligation to protect brand names. But the number of attractive brand names is not infinite and sometimes companies seek brand names which are reminiscent of others. In this article a conflict between two companies for the distinctiveness of two brand names is addressed: one Spanish company used the English common noun doughnut for a product similar to the American pastry, while the other company had already registered donut as a brand name, in addition to its variants. This second company sued the first on the grounds that the names were not distinctive. Here we offer the arguments presented to the judge in defense of the distinctiveness of doughnut and the judgment.     

Is a domain name property?

Legal context. Domain names have become increasingly valuableassets, in some respects more valuable than trade marks. A domainname may identify not only the source of the goods, services,business or information, but also the virtual location of thesource, much as an address or telephone number does. However,there is still a significant unresolved issue as to whethera domain name is a form of intangible property or merely a contractualright. Resolution of this issue is important for commercialtransactions affecting domain names and for legal proceedingsand remedies relating to them. Key points. Domain names have been analogized by courts to addresses,patents, trade marks, and even by one writer to cattle. However,in this author's view, the best way to characterize the legalstatus of a domain name is by analogy to a telephone number.Although United States appellate authority suggests that a domainname is a form of intangible intellectual property, it is submittedthat the better, but not judicially clear or consistent, viewis that a domain name is not property. This position reflectsthe practice in Canada where, in registering a .ca domain name,the registrant agrees, as a contractual condition of registration,that it acquires no property right in the domain name. Practical significance. The authorities in this area are stillnot clear. Until this issue is resolved, whether globally oron a country-by-country basis, the prevailing uncertainty willinhibit commercial transactions involving domains, such as theirtransfer and their value for the purposes of securitisation.     

《民法典》背景下跨国姓名权法律选择的完善

自然人姓名问题涉及不同的法律领域。2020年我国《民法典》第四编第三章为自然人姓名问题提供了最新的实体法保护规则。早在11年前,我国《涉外民事关系法律适用法》(以下简称《法律适用法》)就已对自然人姓名问题作出了规定。在国际私法中,个人姓名面临的基本问题是法院地国应适用何种连结点以确定涉外个人姓名的准据法。我国《法律适用法》第15条和第46条分别对涉外姓名确定和变更问题、涉外姓名侵权问题规定了法律选择规则,同时第5条对涉外姓名法律选择设立了不得违反我国公共秩序的最低界限。然而,我国对姓名国际私法规则采取“归并”的立法模式,没有对跨国姓名权法律选择和其他涉外人格权法律选择进行区别处理,未回应我国《民法典》姓名权在人格权领域的特殊性,而且忽略了《民法典》第1056条婚后夫妻姓名的平等价值和第1112条允许灵活选择被收养儿童姓名的立法意旨。虽然我国《法律适用法》姓名国际私法规则与《民法典》姓名实体法规则存在明显的差异,但二者互为补充。我国《法律适用法》有必要随着《民法典》的实施而对涉外姓名国际私法规则予以相应的变革。     

The New Hong Kong Domain Name Dispute Resolution Policy: A Comparative Analysis

On 24 April, 2001, Hong Kong adopted a new Domain Name Dispute Resolution Policy. This represents the efforts of Hong Kong to strengthen management of its domain name disputes, particularly for 'cybersquatting' cases. This article first analyses the salient features of the Policy, including grounds for complaints, rights of complainants, confusingly similar domain names, use of domain names, evidence of registration and use in bad faith, and legitimate interests of domain name owners. The article evaluates the merits of the Policy, including its flexibility, low cost and time-saving efficiency. It also evaluates its demerits, including its restrictive scope, bias toward trademark owners, inadequate coverage for 'reverse domain name hijacking', limited range of remedies, and possibilities for further court proceedings. The article then concludes that the Policy is laudable as it demonstrates the determination and intention of Hong Kong to observe the international standards and practice in its information technology laws.     

“署名”三辨——兼评“安顺地戏案”等近期案例

作品上的自然人的姓名或组织的名称并非都是《著作权法》意义上的"署名"。"署名"必须针对特定作品表明作者的身份,因此有别于剧种名称,如"安顺地戏"等。根据英美法系国家版权法和《世界版权公约》的规定,"■"标记之后所接的姓名或名称表示的是版权归属,并非表明作者身份的"署名"。而且在版权归属于一个组织的情况下,该组织不可能对作品享有"署名权"。""标记之后所接的姓名或名称表示的则是商标注册人。即使图形商标构成作品,由于存在许可使用的情形,该姓名或名称也并非"署名"。只有作者才享有在作品上"署名"的权利,因此在作品上冒他人之名并非侵犯他人"署名权"的行为。     

The forensic taxonomic debate on Cannabis: semantic hokum.

It has been asserted that there are legal species of marihuana plants, and this contention has generated frequent court challenges of criminal prosecutions involving marihuana. Invariably the claim is made that the name C. sativa used in legislation is insufficiently comprehensive to proscribe all forms of marihuana. The maneuver being used, alarmingly, is potentially applicable to innumerable other materials, but its success is based on a failure to appreciate the subjective nature of taxonomy and the little-known but critical ambiguities which are inherent in scientific names. The complex principles and operational conventions of biological nomenclature are presented in elementary fashion. Despite important technical constraints on the use of scientific names, some facts are clear: these names are used subjectively, they may be highly ambiguous, the consensus on use of these names is liable to change with time and, most important, quite permissibly they may have substantially different meanings to different users. The claim that there are legal species of Cannabis merely amounts to a semantic ploy in which certain of the variants of Cannabis that have customarily been understood to be denoted by the species name C. sativa, and which are clearly understood to be proscribed, are simply arbitrarily redefined as different species. This ploy has proven unsuccessful in all cases where scientific evidence was adequately presented by the state and in all important court cases where the issue was critically examined.     

New judicial interpretation of PRC Anti-Unfair Competition Law issued

The Supreme People's Court of China has announced the firstjudicial interpretation of the PRC Anti-Unfair Competition Law(‘the Law’), to clarify the ambiguities in the applicationof the Law. Issues covered include passing off by the use oftrade names, packaging or trade dress of well-known products,or the use of the business name or personal name of anotherenterprise or individual, false or exaggerated advertising,and unauthorized use of trade secrets.     

Naming practices and the importance of kinship networks in early nineteenth-century iceland

The article argues that parents in early nineteenth-century Iceland felt inclined to strengthen kinship ties by naming children for their grandparents. This was particularly the case with oldest children in the family. Moreover, naming traditions indicate that parents tried to preserve the patrilineage by naming their first-born sons for grandparents on the father's side. Parents felt much freer in the choice of names for their youngest children, often giving them rather unusual names. It was also rather common to name youngest daughters after their mothers. These practices conformed to the naming patterns in societies with patronymic naming systems: by naming children for grandparents or great-grandparents, parents are able to keep particular forenames within the family and thus preserve an important link to the past.     

Of public interest: How courts handle rape victims' privacy suits

In spite of a string of unfavorable court decisions, rape victims continue to bring privacy suits against news organizations that identify the victims. Based on case history, journalists have little to fear from such privacy suits because appellate courts usually find victims' names add credibility to stories and, therefore, are of public interest. Most judges seem to believe that they cannot logically rule a basic fact, such as a name, to be private in one set of circumstances and not in others. A ruling in rape victims' favor may create a slippery slope that erodes the press' First Amendment freedoms. However, the courts' limited opinions provide victims with the possibility that in some circumstance a court may rule against the press on this issue. From a journalist's perspective, a broader ruling is needed to discourage rape victims from bringing suits that, while destined to be unsuccessful, are nonetheless costly to defend.     

中国现代人权观念的起源

纵观中国现代思潮脉络,我们从中发现了一种在中国传统思想中的一个未知概念,它深受近代西方思想启示,于19世纪末20世纪初由当时的开明有识人士创立,这便是“人权”。康有为最先发现了“人”以及它的“客观自然存在性”和“个体存在性”,他向往一个“新世界”,在那里“人”可以自由享受各种权利和无穷的乐趣。随后的严复和谭嗣同各自以其自己的方式阐明了“人”的自由和平等思想;梁启超将前面所有的思想相结合,给这种具有“主体性”和“公民性”特征的人定义为“新民”。     

Regulatory Disclosure of Offending Companies in the Dutch Financial Market: Consumer Protection or Enforcement Publicity?

Regulatory disclosure of names of offending companies is increasingly popular as an alternative to traditional command and control regulation. The goals and intended effects of disclosure are not always clear, however. Do regulators wish to increase their transparency, or do they intend to name and shame? This article aims to contribute to a better understanding of the underlying working mechanism of regulatory disclosure of offenders' names through a case study of the Dutch Authority for Financial Markets' disclosure policy. It distinguishes two types of disclosure strategies: consumer oriented and firm oriented. The case study shows that although informing consumers was the primary purpose of disclosure as intended by the Dutch legislature, the purpose in practice has shifted to informing companies about the regulators' enforcement policy. The nature of the disclosed information makes it unlikely that disclosure adequately prevents financial risk taking by consumers. Instead of empowering consumers, disclosure has been incorporated in a traditional deterrence logic, turning out not to be an example of new governance but instead a modern version of command and control enforcement publicity.     

Internet domain name disputes: From the Singapore perspective

This paper looks at the business significance of Internet domain names and the approach taken towards the resolution of domain name disputes in Singapore.     

Internet domain names and the interaction with intellectual property

This is the fourth in a series of articles looking at the interaction between Internet domain names and intellectual property. It outlines the ICANN dispute resolution procedure for gTLDs whereby objectionable domain names can be transferred away from their registrants or cancelled. It also compares this to legal proceedings in the UK Courts and outlines a referral to the European Court of Justice on issues relating to a trade mark registration as the basis or legitimate interest for a .eu domain name registration.     

强化我国商号知识产权保护的法律思考

目前,我国还没有建立起专门的商号法律保护制度。在现行商标法、反不正当竞争法等现有法律体系的框架下切实保护商号,不仅要正确认识商号知识产权的性质和保护现状,更重要还是要进一步完善我国商号的知识产权法律保护体系。