Qualification for design right: 'springing interests'

Legal context. An unregistered design can qualify for protectionunder the Copyright, Designs and Patents Act 1988 in a numberof ways. However, as the European Community expands the qualificationprovisions in the Act come into conflict with Community lawand the European Convention of Human Rights. This article setsout those issues and seeks a solution to them. Key points. This article begins by examining how a design qualifiesfor protection, by reason of the designer, the commissioneror the employer; or alternatively by reason of the person whofirst markets it. It then looks at the impact of new membersjoining the European Community and how this might create springinginterests in design right. It then tries to reconcile the rightin the EC Treaty not to be discriminated against on the groundsof nationality with the right to quiet enjoyment of propertyunder the ECHR. Practical significance. This article considers the ownershipof design right and springing interests. It will therefore beof interest to anyone who owns a design right by reason of thedesign being first marketed in the United Kingdom.     

APEC labour markets: Structural change and the Asian financial crisis

This study examines the impacts of longer-term structural changes on the labour markets of Asia Pacific Economic Cooperation (APEC) member economies, as well as the short-run labour market consequences of the Asian financial crisis. All APEC economies have experienced significant structural change in the process of development. A major factor in this structural change has been increased trade intensity (increase in exports and imports as a share of GDP) that has occurred over the last 20 years. Because these structural changes have been extensively induced by trade liberalisation, this study provides insights into the likely consequences of the implementation of APEC's agenda on trade and investment liberalisation and facilitation. The impact of structural change is examined using a range of data, such as disaggregated changes in output and employment by industry and occupation over the period 1980 to 1997, and data on changes in trade intensity for each of the APEC nations. Other data, such as changes in rates of urbanization, are also used to indicate the other important concomitant effects of economic transformation. For several Asian economies, the linear path of growth and structural change was severely disrupted by the Asian financial crisis. This article examines the impact of this crisis on Asian labour markets, in general, and those most affected by the crisis, in particular. In many countries within the region, a failure of education and training systems to respond to often rapid shifts in the skill composition of labour demand is leading to industry and occupation specific labour shortages. International labour migration within the APEC region is viewed as a product of these structural changes and a mechanism that assists in filling gaps in the labour markets of the region's economies.     

Brokers and Key Players in the Internationalization of the FARC

The Fuerzas Armadas Revolucionarias de Colombia (Revolutionary Armed Forces of Colombia—FARC) was originally founded to protect Colombian peasants from harsh landowner policies in exchange for food and supplies. Over time, it has evolved into an internationally connected, narco-trafficking organization that displays little concern for the peasants it once vowed to protect. In recent years, Colombian authorities have become more adept at countering the FARC, forcing it to operate increasingly outside of Colombia. The FARC's transformation from a local insurgency into an internationally connected one is the focus of this article. Using social network analysis it identifies key leaders who are tied to this transformation and discusses implications concerning the FARC's future.     

Child-to-Parent Violence in Adolescents: The Perspectives of the Parents,Children, and Professionals in a Sample of Spanish Focus Group Participants

This study explored the characteristics of child-to-parent violence (CPV) in Spain based on the narrations of adolescents who perpetrate this kind of violence, their parents, and the professionals who work in this area. A qualitative design was used. Focus groups were asked about the risk factors associated with CPV, such as exposure to family violence, discipline, and psychological characteristics of the adolescents. Interviews were videotaped, transcribed, and reviewed independently by each investigator to identify and group distinct comments into categories with specific themes. Results suggest that CPV is mainly linked to exposure to marital conflict and family violence, permissive discipline, emotional disengagement in the father-child relationship, and symptoms of emotional stress and substance consumption in the children. Lastly, acts of CPV seem to be an attempt by the children to gain power in the context of family relations in which the parents display their incapacity to establish control. As several family and personal characteristics appear to be involved in CPV, it is recommended that family and individual approaches be considered for treatment.     

Combating Asymmetric Threats: The Interplay of Offense and Defense

The overarching objective of this analysis is to examine the ways and means by which the United States could take the asymmetric battle-space and win against the ever-changing array of threats posed by nation-states and non-state actors. Today's security challenges are predominantly hybrids: offense and defense; symmetric and asymmetric; synchronous and asynchronous; regular and irregular; geographically-focused and globally-ubiquitous. This reality requires multi-dimensional thinking, nuanced approaches, and nimble, decisive execution guided by a new strategic paradigm. Fighting on the enemy's terms, scoring short-term wins at unjustifiably high costs in lives, treasure and lost opportunities is simply unacceptable.     

Evaluating the potential of Protestant Christianity to stimulate democracy and good governance in sub-Saharan Africa through the valuing of the individual

ABSTRACT

The global distribution of Christians is expected to change by 2050, with the largest proportion of Christians – more than a billion – residing in sub-Saharan Africa. Historical and empirical studies have argued for a positive relationship between the proportion of Christians – Protestants in particular – and the development of liberal democracy. A key explanation for this positive influence is cultural, namely the valuing of the individual. Could the growth in Christianity have the potential to influence democratic development and good governance in the sub-Saharan region? To test our hypotheses – (1) sub-Saharan states with proportionally larger Protestant populations are more likely to have higher levels of democracy and good governance, and (2) sub-Saharan states with growing Protestant populations are more likely to have increasing levels of democracy and good governance – we employ a longitudinal and cross-sectional study (a panel of data) using data from the World Christian Database, Polity IV and the International Country Risk Guide. Our data show that the population share of Protestants is positively related with both levels of and growth in democracy and good governance. With the spread of Protestantism we could expect the future improvement of democracy and governance in the region.