商业秘密保护理论的价值审视

自从对商业秘密进行法律保护以来,商业秘密保护理论历经合同法理论、侵权法理论、反不正当竞争法理论和财产权理论的发展日趋成熟.财产权理论成为商业秘密保护的主导理论,并得到有关国际公约的回应.因此,全面把握商业秘密的财产性质和商业秘密权的知识产权性质正是为商业秘密提供完备法律保护的理论基石所在.     

Confessing Secrets: Secret Communication and the Origins of Modern Science

During the Renaissance there was an explosion of interest in secret communication when political intrigue and war intersected with new scientific developments. This article shows how leaders of the Scientific Revolution who espoused openness in science, reconciled that ethos with the need for secrecy in affairs of state.     

Special Tasks and Sacred Secrets on Soviet Atomic Espionage

This paper explores a largely ignored explanation to what was perceived as very extensive submarine intrusions in Swedish territorial waters during the 1980s. It is argued that the incident in 1981 when a Soviet Whiskey-class submarine ran aground close to a Swedish naval base damaged Soviet political ambitions in Europe. Although the Soviet Union could not credibly explain the incident, its significance could be diminished through a psychological operation. Several unsuccessful submarine hunts during the following years caused the public to doubt Swedish claims of repeated Soviet intrusions. The issue eventually developed an air of ridicule that undermined the political significance of the original event. Although available data are not sufficient to fully test this scenario, it is highly consistent with the course of events and deserves further attention.     

Cutting Edge Thinking

The Credit Crunch ushered in an era of austerity with massive cuts and job losses. It highlighted the gulf between the world of real people and the abstraction of high finance. Put simply, to prevent the melt‐down of the global economy, the needs, hopes and ambitions of millions are being sacrificed. Who controls and issues money is key. To be viable any system must be big enough for people to have faith it won't fail, and it has to be administered soundly. Local government is accountable to its electorate and, as such, should put their welfare first. It is essentially an administrative machine and certainly isn't going to go away. A truly local economy could emerge with authorities initially paying part of their staff's wages in local currency and accepting it in payment of rates. At a stroke, job cuts could be reversed and people's skills and experience valued again.     

惩罚性赔偿在美国商业秘密保护中的运用

在美国商业秘密保护中,惩罚性赔偿是补偿性赔偿的补充,具有准刑事的特征.经过司法实践的充分演进,美国商业秘密侵权诉讼中确立了惩罚性赔偿的适用条件与标准,尽管各州之间在这些适用条件与标准上存在差异,但大体上相似.惩罚性赔偿在商业秘密诉讼中的作用不可替代,我国相关立法中应积极移植,因为与其他知识产权相比,商业秘密具有独特的法律特征.惩罚性赔偿不仅有利于公平的竞争环境,而且还可以使权利人得到有效的赔偿,同时也弥补了其他法律救济的不足.     

我国商业秘密法律保护存在的问题及对策

本文根据中国现有立法程序相对滞后、商业秘密法律保护法规分散、经济实力相对国际社会落后的国情,提出了几项对商业秘密进行法律保护的新建议,以期进一步引发完善我国商业秘密法律保护的思考.     

On the Edge of Solidarity: The Burqa and Public Life

Dislike among European publics for the Islamic full veil and the desire to ban it are often ascribed to nativist "Islamophobia." This article questions that assumption. It argues that, in political terms, the wearing of the burqa and niqab is inconsistent with Western norms of equality, the backbone of the citizenship ideal; and that, in social terms, the full veil erects a partition to interpersonal understanding and reciprocity. While the constitutional duty to protect religious freedom is a good argument in favor of tolerating the full veil, the practice of wearing it is at the edge of solidarity and injurious to the democratic public sphere.     

The Responsible Administrator Has The Ethics Edge

Books reviewed:
Terry L. Cooper, The Responsible Administrator: An Approach to Ethics for the Administrative Role
Evan M. Berman, Jonathan P. West, Stephen J. Bonczek, eds., The Ethics Edge     

The Liberal Democrats and the Coalition: Driven to the Edge of Europe

When the Liberal Democrats joined the Coalition government in May 2010, there was an expectation that they would have a restraining effect on the Conservatives, particularly in the area of European politics. But after almost five years as the junior party in the Coalition, the Liberal Democrats struggle to demonstrate their influence over the government's approach to Europe. Not only did they let the Conservatives lead the Coalition's European agenda, but they will be forever associated with the government that brought the UK closer to the exit door of the European Union. The article argues that this outcome is the result of a series of avoidable if surprising mistakes, such as the choice of ministerial portfolios and the party's attitude to the Coalition's monitoring mechanisms, as well as some unavoidable mistakes that could have not been foreseen when the Coalition was formed.