Dilution in the United States and European Union (and beyond) Part II: testing for blurring

Legal context. Dilution by blurring has often been accused ofbeing a vague concept which is difficult to understand and whichhas no sensible limits. Mindful of the need for certainty inthis area, the US Senate and House of Representatives have passedthe Trademark Dilution Revision Act 2006. This Bill (which isdiscussed more generally in Part I) includes a definition ofblurring and a six-point test for blurring. Meanwhile, the EuropeanUnion has been steadily building up jurisprudence in this area. Key points. This part of the article focuses on dilution byblurring, considering how blurring is defined, how it is testedfor and whether US and EU blurring protection is in compliancewith the jurisdictions’ international obligations in thisarea (discussed in Part I). In particular, it considers thenew definition of, and test for, blurring under the US TrademarkDilution Revision Act 2006, and compares the position underthat Bill to the situation in the EU. Practical significance. Assuming that it enters into law, theRevision Act 2006 has serious implications for the proprietorsof famous marks doing business in the US. This article willinform the owners of such marks what protection they will benefitfrom and how this will differ from the protection they willget in the EU.     

Democratic Legitimacy and the 2000 Election

Law and Philosophy -     

From Zero-sum Game to Positive-sum Game: why Beijing tolerates Pacific Island states' recognition of Taipei

The Pacific Islands region might be regarded as one of the most remote and politically least significant areas in the geopolitical and economic considerations of world giants. However, as the regional order of the Asia–Pacific changes rapidly, China has shown more eagerness to engage the island states. Interestingly, Beijing's former arch-rival Taipei still maintains, arguably, considerable influence over the region. This raises a question that is thought-provoking: why is this status quo tolerated by Beijing? Drawing on empirical sources in relation to communication between Beijing, Taipei and these island states, by focusing on how Beijing handles the South Pacific region in general and the six non-recognizing states in particular, this article attempts to tackle the question by distinguishing the difference in Beijing's mentality today from that of 30 or 40 years ago. It argues that the zero-sum mentality of fighting against Taipei in the region has now been replaced by a positive-sum assumption to engage Taipei, as well as the pan-Chinese community in the world, via the PIS, regardless of whether they establish formal ties with Beijing or not.     

Parliamentary Voting Procedures in Comparison

Increasingly, scholars of legislative politics propose comparative analyses of parliamentary voting behaviour across different countries and parliaments. Yet parliamentary voting procedures differ dramatically across parliamentary chambers and ignoring these differences may, in the extreme, lead to meaningless comparisons. This paper presents a first glimpse at a comprehensive data collection effort covering more than 250 parliamentary chambers in 176 countries. Focusing on European legislatures it assesses what explains the differences in the rules among chambers. It is found that incentives linked to MPs’ visibility contribute to explain the transparency of the adopted voting procedures.     

Women's agency in Australia's first fertility transition: a debate revisited

The place of women's agency in the fertility transition of the late nineteenth/early twentieth century is a contested one. Some argue that the transition was achieved mainly through male methods of contraception. Others, including many arguing from an Australian perspective, contend that women's agency in fertility decline was significant. In this article, the authors revisit the issue of women's agency in Australia. Drawing on a range of archival sources and scholarship, they seek to demonstrate that women in Australia in the last quarter of the nineteenth century had access to contraception, albeit limited, and, where that failed, to abortion. The authors argue that the changing political and educational climate, which saw women gaining the vote in 1894 in South Australia and admission to secondary and higher education and paid work, provided the setting for women's changing status. Their increasing agency – an agency many women worked to secure – encouraged women to challenge many traditional practices.     

Till Immigration do us Part? Public Opinion and the Dilemma between Immigration Control and Bilateral Agreements

As a result of the initiative against mass immigration (MEI) Switzerland faces a dilemma between control of immigration and the continuation of bilateral agreements. This contribution raises two questions: First, have Swiss citizens' perceptions regarding the incompatibility between immigration control and bilateral agreements evolved since the vote on the MEI in February 2014? Second, what would Swiss citizens decide if they had to choose between the implementation of the MEI and the continuation of the bilateral strategy? We ground our analysis on data from the VOX surveys regarding the MEI and the more recent vote of November 2014 (Ecopop initiative). While Swiss voters still seem to be uncertain about the issue of compatibility, they nevertheless show support for the continuation of the bilateral agreements. Our analyses highlight the importance of age, trust in government and left‐right orientation for individual opinions towards the bilateral way.     

Productive power in the Papua New Guinea church partnership programme

This article analyses the strategy of partnership governing the Papua New Guinea Church Partnership Program (CPP). Using a governmentality lens that sees power as having a productive aspect, it focuses on how the technologies of financial management and planning, monitoring, and evaluation (PME) are taken up by the churches. Fieldwork research reveals how, in conforming to the discipline of these technologies to fulfil the partnership requirements, skilful and pragmatic individuals utilise the same technologies to empower their churches to enact their theology on development. For partnerships to work, the space must be created for such productive power to flourish.     

Patriotic Liberalism

Law and Philosophy -