论合同订立中的格式之战

在现代市场经济条件下,格式文本在合同订立过程中发挥着前所未有的作用,商人们往往无视双方格式文本内容的差异,照常进行交易,从而引发“格式之战”。为平息“格式之战”,各国基本上都经历了“镜像规则”──“最后一论规则”──“第一枪规则”──“相互击倒”的道路。我国《合同法》没有对“格式之战”问题作出规定,因而应在充分考虑合同法效益、正义的价值目标和现代合同法特征的基础上积极地进行完善。     

公共事业登记管理面临的问题及对策分析

公共事业登记管理是公共事业管理的一个重要组成部分,随着国家一系列法规条例的出台,公共事业登记管理逐渐走上规范化的轨道。在取得成效的同时,公共事业登记管理也面临着许多问题,在一定程度上阻碍了公共事业的发展。因此,对公共事业登记管理的问题及其原因进行深入分析,以此提出相应的完善对策将有着十分重要的意义。     

The battle for generic pharmaceuticals: India survives the Novartis challenge

This article examines the decision of the High Court of Judicatureat Madras in the action brought by Novartis against the IndianGovernment challenging the constitutionality of Section 3(d)the Indian Patents Act 1970.     

Family and tax registers in the Aegean Islands during the Ottoman period

This article examines types of tax registers that provide a picture of families in the Aegean Islands during the Ottoman occupation. Numerical data from the islands of Andros, Myconos, Syros, Serifos, and Patmos are emphasized. Accounts by travelers and Roman Catholic priests and other documentation of that time are also examined. The article attempts to verify the reliability of data from the registers regarding family size, number of households, the possibility of household sharing by more than one family, and number of household heads. Records of personal taxes (ispence, or poll tax) indicate that the families on the islands during the 17th and 18th centuries had only a few members. Exact data cannot be derived because the communities attempted to redistribute taxes according to their own needs rather than following official Ottoman orders. Similar indirect information is derived from another kind of register that recorded the transfer of taxpayers' properties. The number of houses for some islands seems to have steadily increased although the number of family shares did not. This phenomenon may be linked to the status of ownership of immovable property, the horizontal property that was applied, and the nonexistence of cohabitation of extended families. Another issue concerns the number of widows in the tax registers. This large number does not correspond to the family status of these women but rather to tax practices exercised by the communities and participation of these women in the economic and social life of the islands.     

The legal and technological battle in the music industry: Information-push versus information-pull technologies

Peer-to-peer (P2P) technologies are often seen as a threat by copyright owners because they encourage piracy by making digital copies easier to obtain. In response, major record companies have come up with new devices designed to protect original material, and lobbied to reinforce legal protection. We view traditional distribution as an information-push technology in which the firm pays to provide information to consumers and P2P as an information-pull technology where consumers spend resources to acquire information on products they have a potential interest in by searching, downloading and testing digital copies of original products before they make their purchase decision. We determine copyright owners’ protection strategies according to the level of legal protection, and we study their effects on profits and consumers’ surplus with the two different information transmission technologies.     

The history of family and community life through the study of civil registers: Paros in the 20th century

A plenitude of information can be shed on family history and community life by studying civil registers. The case study here is the island of Paros in the period 1894–1997. This period of one century saw the transformation of the insular rural society to one dominated by the third-sector economy and the passage from illiteracy to total literacy. These structural socio-economic changes influenced the timing at which people were procreating, marrying and even dying. The labour-intensive hard work in the fields, as well as religious regulations, had shaped a highly seasonal pattern in conceptions and consequently in births, which was in action well into the first half of the twentieth century, but is attenuating as we approach the present day. Marriage remains a seasonal phenomenon in the examined population (although not to the extent it used to be) because the canon rules of the Orthodox Church are still determining the timing of weddings. Mortality was highly seasonal for infants and children up to the 1940s, revealing that certain diseases (mainly diarrhoea and contagious diseases) were striking at certain periods of the year, while adult mortality presents a different seasonal pattern. Causes of death, which are available from civil registers, were used to explain the seasonal variations of deaths. Civil registers are also used to study the famine which struck the island (along with the rest of Greece) in 1941–42 as a direct effect of the Second World War.     

Liberal battle zones and the study of law and the media

One approach to the study of law and the media is to assume that autonomy of law and legal decisions from media influence is desirable. Reviewing the other articles in this special issue, this Afterword examines the strengths and weaknesses of this approach. Its strength is in the battle zones for liberal values; it contributes to fights against bias and prejudice. Its weakness stems from subjectivity's contributions to justice; it does not explore the necessity and desirability of a legal system embedded in culture. The Afterword suggests areas for research on the interdependencies between law and culture that can complement the research reported in this special issue.     

The battle for patent rights in plant biotechnology: evidence from opposition fillings

This paper describes and analyzes the occurrence and extent of oppositions initiated against plant biotechnology patents granted by the European Patent Office (EPO). The opposition mechanism is a legal procedure that allows any third party to challenge the validity of patents awarded by the EPO. Results indicate that the opposition rate is far greater in plant biotechnology than in other emerging industries. Consistent with theoretical predictions, the empirical findings suggest that opposed patents are disproportionately those that score high on features that proxy for their “value” or “quality”. In contrast to previous findings, however, the results show that large-volume applicants are more likely to be opposed. Because the boundaries of plant biotech patents are ill-defined, large patent portfolios do not promote cooperative behavior such as licensing or settlements. The analysis rejects the hypothesis that awardees are subject to “nuisance” or “frivolous” oppositions. Instead, the opposition procedure serves as an error correction mechanism.     

The battle over global drug markets: enforcement of pharmaceutical patents in the United States, Europe and Japan

Legal context: Pharmaceutical patent litigation is on the rise. The focal pointof this increasingly contentious area of litigation is the surgein pharmaceutical patent challenges mounted by generic drugmanufacturers. Pharmaceutical companies need to identify viableenforcement strategies that can survive these challenges andeffectively manage the life cycle of their pharmaceutical productsaround the world. Key points: The degree to which pharmaceutical companies can capitalizeupon the value of their second generation patents to extendthe protection given to existing drug products depends in parton the patent landscape, country by country, and also on theregulatory landscape for generic drug products and their entryinto the marketplace.This paper will examine the patent laws,drug approval regulations, and court decisions on the validityand enforceability of later stage or second generation patentsdirected to combination compounds, selection inventions, andnew indications, in three major jurisdictions: The United States,Europe/UK, and Japan. Practical significance: Successful pharmaceutical companies can maintain a competitiveadvantage in the global pharmaceutical industry by evaluatingand strengthening the way existing drug products are protectedand, in many cases, changing the nature of protection underthe patent laws by improving upon the pharmaceutical productitself.