知识产权权利冲突及其解决原则

知识产权权利冲突是指同一知识产权客体在某种条件下同时归属于多个主体,它具有多种表现形式,并各有其特定的产生原因.解决这一问题需要依照保护在先权利原则、维护公平竞争原则、权利平衡原则等进行.     

商标权与商号权的权利冲突及解决途径

作为商业识别标记，商标与商号不仅用以区别商事主体和商品来源，而且还承载商事主体享有的商业信誉、商品的质量承诺。商标与商号本身具有的宣传和促销功能在激烈的市场竞争中所发挥的效用更是不可低估。随着市场经济发展和竞争加剧，企业为了争夺市场、扩大影响导致了商标权与商号权的权利冲突不断发生且有加剧之势。因此，如何完善商标、商号立法及相互间的协调，寻求商标权与商号权权利冲突……     

论商标权与其他商业标识权利冲突解决原则

民事权利中的有形财产权体现在具体物上 ,这种权利在形态、特征上都是可见的 ,有形物财产权的排他性决定同一财产之上不能附着多个财产权 ,除非法律有明确的规定或合同有特别约定。而无形是知识产权区别于一般财产权 ,尤其不同于有形财产权的主要特征 ,知识产权的无形 ,使得人们对它的占有不是一种实在而具体的占有 ,而是表现为认知和感受 ,知识产权可以同时被多个主体占有、使用和收益。因此 ,法律能从不同侧面、不同视角、不同切入点对同一客体规定出不同的权利。这样 ,对同一客体的不同形式的知识产权容易出现保护上的交叉、重叠甚至冲突…     

No room at the inn: a snapshot of an American emergency room

The emergency rooms of American hospitals have frequently become the principal suppliers of nonurgent primary care to the under- and uninsured. Canvassing published reports and using original data obtained from a representative urban hospital, Erik Olson examines the demographics of the American emergency room and analyzes its finances. The costs of providing primary care are shifted, to the extent possible, to those who can pay. The result is escalating health care costs and a deterioration of quality of care due to overcrowding, leading some hospitals to close their emergency rooms and others to turn away ambulances or "dump" patients who still require critical care. Mr. Olson explains that state antidumping laws and the federal COBRA statute have been ineffective at stemming these practices in the face of severe economic pressure to continue them. Pointing out that emergency rooms are an excessively expensive method of treating uninsured nonemergency patients, he proposes a system of primary care clinics created through a public/private partnership between municipalities and existing private health care providers. The partnership is designed to maintain a high standard of care at the clinics. As an incentive to stimulate the appearance of such clinics, a tax would be imposed on private health care providers; the tax on a given provider would be reduced to the extent that provider subsidizes a local primary care clinic that offers universal coverage, regardless of insurance status. Because the existence of such clinics would reduce inefficient use of hospital emergency rooms, in the long run hospitals should find it less expensive to finance local primary care clinics than to continue to sustain unreimbursed expenses due to improper use of their emergency departments.     

隐私权:刑事程序基本权

隐私权是宪法权利,亦是刑事程序基本权.隐私权作为刑事程序调整的重要范围,保护着个人对刑法执行至关重要的有罪或者无罪信息的私有,以及对不让政府插手的个人信息的享有.加强刑事领域的隐私权保护,意味着要在政府的规范需要和个人隐私权益上达成大量开放式的司法平衡,对政府操纵背景条件的能力进行有限限制.漠视隐私权的刑事程序比我们想象的更具有事实性的恶果,其对事实结果的影响可能导致一些不良趋势.为此,应关注作为宪法权利的隐私权在刑事诉讼中的属性、价值及作用,加大对我国刑事程序中隐私权的保护.     

United Nations peace process as a peacemaking and human rights exercise. Lessons from conflict resolution in Sierra Leone

The United Nations peace process in Sierra Leone is one of the most successful initiatives in conflict resolution in the history of the UN. The peace building process has led to sustainable peace in a country located in a highly conflict ridden region in the world. This paper analyzes the peacemaking process to understand the process and its underlying unique features. Placing the events in the context of peacemaking criminology and human rights, it is argued that the UN peacemaking greatly reflects the values advocated by peacemaking criminology, while the goals of the process reflect universal human rights, recognized and promoted by the United Nations Declaration of Human Rights (UDHR).     

Charter rights & health care funding: a typology of Canadian health rights litigation

Canadian health consumers have increasingly relied on the Charter of Rights and Freedoms to demand certain therapies and reasonably timely access to care. Organizing these cases into a 5-part typology, we examine how a rights-based discourse affects allocation of health care resources. First, successful Charter challenges can, in theory, lead to courts granting and enforcing positive rights to therapies or to timely care. Second, courts may grant a right to certain health services; however, subsequently government fails to deliver on this right. Third, successful litigation may create negative rights, i.e. rights to access care or private health insurance without government interference. Fourth, consumers can fail in their legal pursuit of a right but galvanize public support in the process, ultimately effecting the desired policy changes. Lastly, a failed lawsuit can stifle an entire advocacy campaign for the sought-after therapies. The typology illustrates the need to examine both legal and policy outcomes of health right litigation. This broader analysis reveals that the pursuit of health rights seems to have caused largely a regressive rather than progressive impact on Canadian Medicare.     

Mental disabilities under the ADA: a management rights approach

While numerous sources have focused on employee rights and employer obligations under the Americans with Disabilities Act, this article will emphasize employer rights with respect to mental disabilities under the ADA. Specifically, it addresses the ADA's definition of "mental disability," the right of employers to screen job applicants in spite of the ADA, the conditions under which an employer may require an employee to undergo a "fitness for duty" examination, and the limits of the duty to "reasonably accommodate" an employee with a mental disability.     

Managing professionals: the quiet conflict

The dichotomy between managers and professionals is usually seen as a matter of incompatible values and false perceptions. Consultant Lebell supports this basic viewpoint, but enriches it through theoretical discussion, practical recommendations and some revealing interviews with both parties to the conflict.