Mortgage fraud and organized crime in Canada: strategic intelligence brief

Natasha Tusikov, Acting Manager, National Research and Methodology Development Unit, Criminal Intelligence Service Canada - Central Bureau, Intelligence Analysis and Knowledge Development Branch, November 2007     

On the Legitimate Objectives of Criminalisation

We discuss and respond to the contributions of Tatjana Hörnle, John Kleinig, and John Stanton-Ife, and clarify some aspects of the arguments made in Crimes, Harms, and Wrongs.     

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.     

Representative Government and Network Governance – In Need of 'Co-governance': Lessons from Local Decision Making on Public Schools in Denmark

The article argues for the importance of reconciling the institutions of representative government and network governance by means of a combined structure of 'co-governance', and the need for elected politicians in a role as co-governing guardians of democracy in network governance. Based on an examination of two different cases of interactive governance within the field of school reform at the local level in Denmark, some lessons are drawn as to an appropriate new role for elected politicians in a structure of co-governance.     

Back‐pedalling in Iraq: lessons unlearned

This article analyses which of the major lessons learned from previous experiences in nation building have been applied or ignored in Iraq. It focuses on the first six months of the post‐combat period, a time frame generally recognised as being critical for laying the foundations for a stable and democratic future. A review of previous cases points to six lessons that, in fact, have been unlearned, and only two that have been realised in this initial phase in Iraq.     

Loan only credit default swaps the story so far

The first 150 words of the full text of this article appear below. Key points

• The market for Loan Only Credit Default Swaps (LCDS)is expected to develop rapidly, but the market documentationfor this product is proving to be a difficult issue as a resultof differing views by users of the product and divergent approachesbetween the US and European markets.
• The International Swapsand Derivatives Association, Inc. (ISDA) has, on 4 May 2007,released a long-awaited revised draft of the European LCDS.The finalization of this draft is not far off, but certain importantissues are yet to be finalized.
• Rather than speculate on theoutcome of such discussions, this article looks at the developmentof the European LCDS market, the motivation and needs of itsparticipants and takes stock of the European documentation beforeit underwent the recent almost year-long consultation process.It therefore compares the European LCDS of May 2006 againstthe US LCDS of June 2006 (ignoring . . . [Full Text of this Article]