Licences in OHIM practice

Legal context: Despite the commercial importance of licences, the Regulation40/94 contains relatively few provisions on licences. As faras these refer to licences granted to CTMs or their recordalat OHIM, they are beyond the scope of the article, which dealswith the case law emanating from OHIM in inter partes proceedings,where licences have played a role. Key points: This article considers the legal requirements licensees mustmeet when filing opposition and cancellation proceedings beforeOHIM. It reviews when use under licence is regarded as genuineuse, or valid for the purpose of establishing acquired distinctivenessor reputation. It also deals with OHIM decisions regarding licenseesfiling the licensors' trade marks in their own names. Practical significance: With respect to the standing of licensees as opponents or applicantsfor invalidity, this article explains the procedural requirements,mentioning also points to be considered when drafting trademark licences. The article also explains to what extent a licenceneed be proven where the opponent or cancellation applicanthas not used the earlier mark himself but wishes to rely onuse made by someone else. On the issue of a licensee filingthe licensed mark in his own name, the article gives an introductionto the criteria applied by OHIM and deals with his fiduciaryposition, resulting in a greater likelihood of his having actedin bad faith.     

The History of Genres: Reaching for Reality in Law and Literature

Genres are historical formations; their ability to generate knowledge depends on their interrelationships within a culture. Since law, too, can be viewed as a genre, studies of specific historical relationalities between law and other genres are necessary for law's own history and theory. This essay discusses differentiations between Victorian law and literature, starting out from the recent publication of Ayelet Ben‐Yishai's Common Precedents: The Presentness of the Past in Victorian Law and Fiction (2013), which reveals some of that history. I examine two points: differentiations in legal and literary approaches to probabilistic knowledge, and differentiations in the author functions in law and literature. These differentiations bear multiple implications. I discuss implications for evidence‐law debates about probabilistic evidence, for contract‐law debates about the centrality of autonomy and self‐authorship, and for understandings of legal reasoning itself—the elusive notion of “thinking like a lawyer.”     

The “care package,” prison domestic violence programs and recidivism: a quasi-experimental study

Objectives

Although there are many evaluations of domestic violence rehabilitation programs, it is still unclear “what works” in this field, especially when it comes to programs within prison walls. Today, most studies indicate that domestic violence programs based on cognitive behavioral treatment, or psycho-educational models show small positive results. Yet, there is still insufficient empirical literature providing adequate evidence for the impact of integrative treatment, where different methods and approaches toward domestic violence prisoners are employed within the same rehabilitation-program framework while incarcerated. Our study examined the effects of an integrative domestic violence program with a therapeutic “package” implemented in Israel with the goal of reducing recidivism rates among prisoners in general, and especially with regard to violent offenses.

Methods

Using propensity score matching methods, we compared treated offenders to a matched sample drawn from all convicted prisoners who were released from prison between 2004 and 2012.

Results

The findings indicate that the percentages of reincarceration and rearrests of inmates, who participated in integrative domestic violence program, were significantly lower during a period of up to 4 years after release.

Conclusions

Our conclusion is that the integrative effect of different treatments along with a supportive prison climate increased the success of inmates who participated in the domestic violence program.