Analysis on the impact of the “Dilution Theory” on ruling of trademark cases

Chinese trademark law has established the cross-category protection system of well-known trademarks based on the confusion theory. The system, however, has many problems in practice and does not fulfill completely the needs for protecting well-known trademarks. Consequently, when hearing trademark cases, some judges have abandoned the confusion theory instead of using the dilution theory in judging well-known trademarks. Through analysis on 100 judgments concerning well-known trademark cases, it can be seen that the influence of the dilution theory on the ruling of trademark cases is increasing. Certain conditions should first be satisfied when introducing the dilution theory to rule trademark cases: Firstly, the contents of the dilution theory shall be grasped as correctly as possible to avoid plausible understanding; secondly, the application of the dilution theory shall adopt the existing institutional criteria as much as possible by full use of the leeway of interpretation provided by the existing system.     

The emergence of regional economies in China and its implications,with special reference to Hong Kong and Guangdong

  China's continental physical expanse has been a dominant, shaping influence of its political, social and economic development throughout its modern history. Thanks to its relative ethnic homogeneity, as well as the absence of political reform, it has – unlike the former Soviet Union – preserved its unity as a state. Nevertheless, regionalism remains a powerful counterpoint to centralisation in China. In particular, under the impact of post-1978 economic reforms, differentials and tensions between provinces and regions have emerged as a potent force, threatening the authority and power of Beijing. This article begins by seeking to explore some of the regional forms in which economic change has manifested itself during the last two decades. It highlights the unique problems faced by an economy that is still in transition in a country as large as China. Brief consideration is also given to the wider regional context in which China is sometimes placed as the central player – namely, that of `Greater China'. At the heart of the article is a case study that examines the evolution of a particular kind of regionalism, captured in the economic integration – even symbiosis - between Hong Kong and Guangdong. The question is addressed whether the form of regionalism contained within the forging of an ever-closer economic relationship between these two areas of South China can be a model for the integration of other regions both within and across China's national boundaries. Hong Kong's transformation from a tiny, dependent, colonial enclave into one of the most successful economies in the world is one of the most remarkable stories of post-World War II economic history. During the 1960s and 1970s, Hong Kong's growth record was unmatched anywhere else in the world. But by the beginning of the 1980s, high land rents and spiralling wages started to erode the international competitiveness that had been the basis of Hong Kong's previous economic success. By a happy coincidence, however, the emergence of such pressures coincided with the opening of China to the outside world. China's `open door' policy thereby made available to Hong Kong entrepreneurs a huge, hitherto untapped reservoir of cheap labour and gave them access to inexpensive factory sites just across the border in Guangdong. It was a lifeline to which they responded eagerly and, through the relocation of their factories, provided the means whereby Hong Kong manufacturers discovered a new lease of life. The benefits associated with this process accrued not only to Hong Kong through the regeneration of its manufacturing industry. Rather, it was a two-way process that also facilitated economic growth, structural transformation and improvements in living standards in Guangdong (above all, in the Pearl River Delta). In short, the process became the basis of deepening integration between the economies of the two regions. Indeed, it was the key element in the emergence of a new regional economic grouping, known as `Greater China' – an informal triangular partnership between Hong Kong, Taiwan and two southern Chinese provinces (Guangdong and Fujian). The emergence of `Greater China' can be regarded as a particular manifestation of the coastal bias that has so strongly characterised China's economic trajectory under reform. To this day, the triangular economic nexus between Hong Kong, Taiwan and South China remains an important dimension of China's external economic relations, even if developments in other coastal provinces have caused it to weaken. To what extent recent and future developments have challenged and will continue to challenge the regionalism inherent in the original notion of Greater China is something that deserves close attention. Not least, the strategic initiative of opening up China's western regions poses interesting and important questions that touch on future developments of `trans-nationalism' and `trans-regionalism' affecting China.     

The intergenerational transmission of aggression across three generations

This study examined the intergenerational transmission of aggression across three generations in 181 community families. Regression analyses were conducted to assess the extent to which child abuse and marital abuse in the family-of-origin (G1) are predictive of child abuse potential and marital aggression in the second generation (G2), abuse in the family-of-origin is predictive of aggression in the third generation (G3), and child abuse potential and marital aggression in the second generation are predictive of aggression in the third generation. For males, exposure to aggression was predictive of aggressive behavior across all three generations. For females, the only significant prediction was from marital aggression in G1 to husband-to-wife marital aggression in G2. This study points to the importance of examining the transmission of both child abuse and marital aggression in order to assess their relative importance. It is also recommended that the transmission of aggression be assessed separately for males and females, as the data point to the family system as a factor related to aggression in males, yet do not provide the same explanation for females.