中医药面临的知识产权问题

中医药是中国具有优势地位的传统知识，是中国重要的文化、卫生、科技和经济资源，但随着社会经济和法律制度的发展，中医药面临着财产属性、智力成果的法律确认和被不当占有和不当利用等知识产权方面的问题，封中医药知识产权特性的深刻认识和专门制度的建立还有待在法理研究上的突破。     

全球化时代的知识产权犯罪及其防治

当今世界许多国家都在采取不断修订国内知识产权法和制定合适的知识产权保护政策等手段,以适应国际经济发展以及国际竞争的需要。本文分析了我国知识产权犯罪的现状和特点,并从知识产权自身的特点、我国的知识产权制度、经济、文化和法制等方面对我国的知识产权犯罪原因进行剖析,在此基础上提出我国知识产权犯罪的防治措施。     

电子商务中知识产权纠纷的可仲裁性

现代社会中电子商务活动日渐普遍,电子商务中知识产权的纠纷也逐渐增多。具体到知识产权纷争的解决途径,除司法审判和行政查处外,仲裁将成为解决知识产权纠纷的第三条有效途径。电子商务知识产权纠纷的可仲裁性,不但有程序法和实体法的依据,也有现实社会发展的紧迫需要。电子商务中涉及私权处分的知识产权纠纷,通过传统的书面仲裁协议或者在网络上明示并经交易对方认可的仲裁条款,都将赋予仲裁机关管辖权,使得该知识产权纠纷具有可仲裁性。在新的历史条件下,仲裁机构应当与时俱进地加以改革。     

What the Dickens: Post-mortem privacy and intergenerational trust

The paper argues that protecting post-mortem privacy is not solely beneficial for the deceased and their relatives but enables intergenerational data-sharing. However, legal approaches alone are unlikely to generate the trust required and need to be supplemented with tools that assist data subjects in controlling what data they risk sharing more efficiently and, which they prefer to delete. Using the example of Dickens' “Bonfire of letters” as an example, we argue that the main challenge for law and digital technology is the cumulative risk of data breadcrumbs, which are likely to be individually harmless. Based on research within the EPSRC project “Cumulative Revelations of Personal Data”, we discuss how our findings indicate possible avenues to assist in more efficient intergenerational data sharing.     

Blurring the dimensions of privacy? Law enforcement and trusted traveler programs

Risk has become a ubiquitous tool for security governance. This paper analyzes the ongoing shift in airport/aviation security from rule-based to risk-based screening. Seeking to explore the effects of data based passenger risk assessment on privacy through the collection and processing of personal data, it is argued that risk is likely to enroll passengers into a partly voluntary, partly enforced membership in trusted traveler schemes in order to enhance the database, thus enabling a more precise assessment of risk levels. In a disciplinary spatial setting, the once distinct privacy dimensions of citizen-state and consumer-market become increasingly blurred, as law enforcement authorities seek to exploit data that was originally obtained for commercial purposes to improve risk calculations.     

Legal origin and intellectual property rights: an empirical study in the prerecorded music sector

This article aims at identifying differences in copyright protection in prerecorded music markets, and more specifically the impact of the legal system on the demand for original music CDs. To this end, we use a panel of 28 OECD countries in the period 1999–2005. After testing alternative specifications, our results show that differences in legal origin lead to differences in intellectual property rights enforcement. Our results also consistent with previous studies that find that common law countries have more secure property rights.

Prescribing privacy: the uncertain role of the physician in the protection of patient privacy

Because medical records are now more comprehensive than ever before, they increasingly are being demanded for uses both inside and outside of the medical profession. Mr. Gellman contends that existing ethical and legal guidance is inadequate to aid physicians in dealing with the confidentiality issues raised when patient information is requested or demanded from them, and supports this contention by examining the dilemmas faced by physicians presented with such requests or demands. He concludes that ethical and judicial guidance will continue to be inadequate, and that the only practical way to develop suitable guidance is through legislation.     

Disentangling privacy from property: toward a deeper understanding of genetic privacy

With the mapping of the human genome, genetic privacy has become a concern to many. People care about genetic privacy because genes play an important role in shaping us--our genetic information is about us, and it is deeply connected to our sense of ourselves. In addition, unwanted disclosure of our genetic information, like a great deal of other personal information, makes us vulnerable to unwanted exposure, stigmatization, and discrimination. One recent approach to protecting genetic privacy is to create property rights in genetic information. This Article argues against that approach. Privacy and property are fundamentally different concepts. At heart, the term "property" connotes control within the marketplace and over something that is disaggregated or alienable from the self. "Privacy," in contrast, connotes control over access to the self as well as things close to, intimately connected to, and about the self. Given these different meanings, a regime of property rights in genetic information would impoverish our understanding of that information, ourselves, and the relationships we hope will be built around and through its disclosure. This Article explores our interests in genetic information in order to deepen our understanding of the ongoing discourse about the distinction between property and privacy. It develops a conception of genetic privacy with a strong relational component. We ordinarily share genetic information in the context of relationships in which disclosure is important to the relationship--family, intimate, doctor-patient, researcher-participant, employer-employee, and insurer-insured relationships. Such disclosure makes us vulnerable to and dependent on the person to whom we disclose it. As a result, trust is essential to the integrity of these relationships and our sharing of genetic information. Genetic privacy can protect our vulnerability in these relationships and enhance the trust we hope to have in them. Property, in contrast, by connoting commodification, disaggregation, and arms-length dealings, can negatively affect the self and harm these relationships. This Article concludes that a deeper understanding of genetic privacy calls for remedies for privacy violations that address dignitary harm and breach of trust, as opposed to market harms, as the property model suggests.     

知识产权的客体和知识产权的内部统一性

知识产权的内部统一性的核心是如何概括知识产权的客体，既有理论均不能概括出知识产权客体的本质。由于知识产权几种主要权利类型的客体之间的重大差异，实际上无法抽象出知识产权权利客体之“一般”，但却可以从中抽象出客体之“一般特征”。知识产权客体的一般特征是：具有可共享性，因而必须借助法律才可能私权化。这一特征是知识产权内部统一性的根据，也决定了知识产权法体系化的可行模式。     

Federal laboratories: Economic development and intellectual property constraints

The United States is increasingly looking at ways to link public-sector investments in science and technology with national economic-development goals. The federal laboratories are a reflection of this trend and much has been done to make them a more attractive source for innovative ideas in the private sector. One significant change that has resulted in making the laboratories more interactive with US industry has been the easing of government patent policy for both government-and contractor-operated national laboratories. However, there still are intellectual-property constraints, especially in the areas of technical data and software, that need immediate attention if the full intent of technology-transfer legislation is to be met. Previously he was a science policy analyst in the US General Accounting Office's Resource, Community and Economic Development Division.     

Implementing Community obligations in the realms of intellectual property

Legal context. The various Acts of Parliament governing UK intellectualproperty law have been significantly amended to give effectto Community law. This article discusses the powers used bythe Secretary of State to implement Community obligations andthe Court of Appeal's recent clarification of the scope of thosepowers. Key points. This article describes the concerns expressed bysome commentators on the scope of the powers under the EuropeanCommunities Act 1972 and the key cases on that scope, includingOakley v Animal. The article uses the implementation of performers'moral rights as an example of where going beyond strict Communityobligations is necessary. Practical significance. The article will be useful to anyoneconsidering the validity of the changes made to domestic law,including amendments to primary legislation, to implement Directivesor other Community obligations.     

知识产权制度在国家创新体系中的地位与作用

建设国家创新体系是推动科技创新、促进科技与经济紧密结合、实现我国现代化目标的必然选择,这一点已为全国上下所共识。而深入研究和进一步认识国家创新体系的内涵及其基本框架,知识产权制度在其中的地位和作用,对于我们搞好知识产权工作定位,发挥其在国家创新体系中的应有作用具有重要意义。     

Trade mark protection: the art of styling intellectual property rights

This new commentary on the Austrian trade mark legislation,edited by Professor Guido Kucsko, is remarkable in many respects.First, it is a great achievement to gather together a team ofno less than 40 authors across all aspects of intellectual propertypractice and during a one year ‘tour de force’ puttogether an homogeneous work