Community trade mark case law round-up 2006

Legal Context: This article looks at the important decisions of 2006 on theCommunity Trade Mark made by the Court of First Instance, theEuropean Court of Justice and the OHIM. These cases concernthe application of Council Regulation 40/94 on the CommunityTrade Mark, and also preliminary rulings from the European Courtof Justice on the interpretation of Council Directive 89/104(the Trade Mark Directive). Key Points: The volume of case law relating to Community trade marks, notto mention the variety of official languages in which the lawis interpreted, makes it almost impossible for even the conscientiouspractitioner to keep abreast with developments as they occur. This article provides an overview of the shifts in Communitytrade mark practice, in terms of not only the relatively accessiblesubstantive law but also the far more diffuse areas of procedurallaw and Office practice. In seeking to review and explain these shifts, the authors haveadopted a view of the case law that is functional rather thanphilosophical. In doing so, they lay bare the manner in whichthe institutions that administer and adjudicate Community trademark issues interrelate to one another. Practical Significance: Practitioners can quickly find the important decisions from2006 relating to particular articles of the Council Regulation40/94 on the Community Trade Mark. This article provides an overview of the most significant trademark cases decided in 2006 by the European Courts of Justiceand the OHIM Boards of Appeal. The article enables practitionersto access rapidly the key decisions of 2006. The cases discussed concern the application of Council Regulation40/94 on the Community trade mark (‘CTMR’), CommissionRegulation 2868/95 implementing the CTMR (‘CTMIR’),and Council Directive 89/104 (the ‘Trade Mark Directive’).     

The Efficiency of Input Use During the Early Transition in Hungary

This paper uses Hungarian firm level panel data for the agricultural and light manufacturing sectors during the early years of the transition to investigate differences and changes in the efficiency of input use. Programming techniques measure scale and technical efficiency. The simple radial measure, as well as two other measures that account for programming slacks, are used. The results show little wastage of materials and labour, but inefficient use of energy and capital, which suggests that the development of input markets was uneven. The price liberalisation of 1989 widened efficiency differences, especially in agriculture, but this sector recovered quickest, actually using capital more efficiently by 1991. However, energy efficiency levels were low in the period of soft budget constraints and fell still further after the reforms, suggesting that a free market for energy was not established, particularly in agriculture.     

The Responsiveness of Direct and Indirect Elections

Previous research argues the Seventeenth Amendment made Senate elections more responsive. To make this claim, existing work compares the vote‐seat relationships of direct and indirect elections before and after the Seventeenth Amendment. I argue this approach is problematic because it does not account for regional variation and compares elections from different time periods using presidential instead of Senate vote. I overcome these problems by simulating indirect elections using state legislatures’ partisan compositions to evaluate the responsiveness of direct and indirect elections after the Seventeenth Amendment. With this counterfactual approach, my findings suggest direct elections are not necessary for electoral responsiveness.     

The survival of oral streptococci on human skin and its implication in bite-mark investigation

Ten-microlitre aliquots of whole saliva applied to human skin were sampled for periods up to 6.25 h. The rate of loss of recoverable bacteria was 45–50% per hour. After 6.25 h, viable oral streptococci could be recovered. The implications for using a “fingerprint” typing method for these bacteria with regard to the identification of bite-marks are discussed.