法释〔2009〕3号评析

最高人民法院为规范驰名商标保护而制定的相关司法解释（法释[2009]3号）未能对《商标法》第十三条作出正确解释。其主要问题在于,对“容易导致混淆”和“误导公众”做不同的解读,擅自引入淡化理论却又把“混淆”和“淡化”混为一谈,对商标淡化的构成条件缺乏明确认识。在《商标法》未修改前,最高人民法院应加强对商标淡化理论的深入研究,以待条件成熟时提出修改建议,而不是擅自将“减弱驰名商标的显著性”作为认定侵权的标准之一。     

重新审视暴力手段的基本特征

揭示明确暴力手段的内涵,应当注意把握其基本特征。暴力手段的主观特征包括故意性、目的性两个方面,客观特征包括作为性、强制性、对象性三个方面。     

Evaluation of Skin Surface as an Alternative Source of Reference DNA Samples: A Pilot Study

An acceptable area for collecting DNA reference sample is a part of the forensic DNA analysis development. The aim of this study was to evaluate skin surface cells (SSC) as an alternate source of reference DNA sample. From each volunteer (n = 10), six samples from skin surface areas (forearm and fingertips) and two traditional samples (blood and buccal cells) were collected. Genomic DNA was extracted and quantified then genotyped using standard techniques. The highest DNA concentration of SSC samples was collected using the tape/forearm method of collection (2.1 ng/μL). Cotton swabs moistened with ethanol yielded higher quantities of DNA than swabs moistened with salicylic acid, and it gave the highest percentage of full STR profiles (97%). This study supports the use of SSC as a noninvasive sampling technique and as a extremely useful source of DNA reference samples among certain cultures where the use of buccal swabs can be considered socially unacceptable.     

Discrimination of Geographical Origin of Asian Garlic Using Isotopic and Chemical Datasets under Stepwise Principal Component Analysis

Isotopic compositions of δ²H, δ¹⁸O, δ¹³C, and δ¹⁵N and concentrations of 22 trace elements from garlic samples were analyzed and processed with stepwise principal component analysis (PCA) to discriminate garlic's country of origin among Asian regions including South Korea, Vietnam, Taiwan, and China. Results indicate that there is no single trace‐element concentration or isotopic composition that can accomplish the study's purpose and the stepwise PCA approach proposed does allow for discrimination between countries on a regional basis. Sequentially, Step‐1 PCA distinguishes garlic's country of origin among Taiwanese, South Korean, and Vietnamese samples; Step‐2 PCA discriminates Chinese garlic from South Korean garlic; and Step‐3 and Step‐4 PCA, Chinese garlic from Vietnamese garlic. In model tests, countries of origin of all audit samples were correctly discriminated by stepwise PCA. Consequently, this study demonstrates that stepwise PCA as applied is a simple and effective approach to discriminating country of origin among Asian garlics.     

SHAIKH HASINA'S VISIT TO INDIA AND THE FUTURE OF INDO-BANGLADESH RELATIONS

Shaikh Hasina's crushing victory in the December 2008 Bangladesh elections opened a new chapter in her country's relations with Delhi. India had long wanted improvements in cooperation against terrorism and better access to the states of North East India, Bangladesh needed better cooperation over water resources and the trade imbalance. Shaikh Hasina's swift action against insurgent groups trying to operate against India from Bangladesh territory laid the foundations for her very successful visit to India in early 2010 which in turn set the framework for a better future relationship. But in the light of the hostility of many in Bangladesh to improved relations with India, the author examines the options for Indian policy makers. He concludes that the emphasis should be on achieving progress in areas outside security, where progress would be irreversible, while recognising that a real transformation of the relationship would be possible if Shaikh Hasina was able to win the next elections and secure a further term in office.     

Constructing the Nation’s Enemy: Hindutva,popular culture and the Muslim ‘other’ in Bollywood cinema

This paper aims to investigate how in contemporary India the process of ‘othering’ of the Muslim minority has been the product of politically motivated and manipulated majoritarian cultural assertiveness, reflected in the Hindu right’s clamour to underline the significance of drawing the geographic and cultural boundaries of what its ideologues call the Hindu nation. Situating cinema as a crucial distribution source of popular culture, the paper contends that Bollywood cinema has exhibited an overt bias towards producing films that capitulate to this radical nationalist discourse professed by the Hindutva ideologues. Making a discourse analysis of selected films produced by Bollywood since the 1990s, the premise of this contention is interrogated by examining how Hindi cinema’s portrayal of the image of Muslims has been carried out in a pejorative manner which stems from the strong grounding of its stories in a Hindu majoritarian setting. The paper concludes by arguing that, with such a penchant, Bollywood cinema has actively engaged in the politics of nationalism engendered by the right-wing neo-fundamentalist Hindutva movement.     

Forms of technological modernization and human resources management in privatized argentine companies

After the period of hyperinflation (1989, 1990) the Argentine economy stabilized and most of public companies were privatized. The return on investments was concentrated on promoting the technological change which adopts two basic forms: systemic modernization and revamping of existing teams.

The first variant -ilustrated by the national telephone network- makes obsolete the knowledge accumulated during the period when the company was public. To confront the structural deficiency of knowledge and experience which result, the private operators invest massively in transfering educational technologies and in the development of costly and sofisticated internal systems of training, while they negotiate numerous and various agreements of cooperation with educational system institutions, public as well as private.

In the second variant - illustrated by a steel and metallurgic company - the preexisting knowledge continues being necessary even though it may need a vis-a-vis updating facing the new demands which are stated referring to the productivity, quality, effectiveness and productive efficiency in markets which are open to competition.

Taking into account the significant achievements which are being obtained by this second alternative of modernization - most of the privatized companies fall into this pattern- the article invites to a reopening of the old debate on technological blending.     

徇私动机不是渎职犯罪的构成要件

徇私是否应当作为相应渎职犯罪的构成要件问题,一直以来为刑法学界所争论不休。但是,犯罪动机不能作为构成要件的理论通说是合理的,立法之中虽然对渎职犯罪规定了徇私的内容,但并不能改变徇私不能影响定罪的事实,从这一点出发,徇私仍然不能成为渎职犯罪的构成要件之一。     

Radio days: Media-politics in Indonesia

In the recent excitement about the democratizing potential of the 'new' electronic media, theorists have largely ignored the role of the oldest of the electronic 'mass' media, that is, radio. This paper suggests several parallels between the oldest and the newest electronic media in the transmission of anti-authoritarian politics in Indonesia. While the Internet aided sections of the civil society in subverting the state's control over public discourse, in the post-authoritarian politics, radio may remain by far the more significant technology of democratization. Radio's importance is only in part explained by the economic limits on the distribution of the Internet in Indonesia. We need to look at the particular tessellation of culture, politics and technology in Indonesia to understand the role of radio in the articulation of local politics, in a democratization process whose success depends on the politics of ethno-cultural decentralization and devolution of power from urban elites.     

China's reform,internal trade and marketing

Abstract

This article analyses Macau's casinos as an example for accumulation by dispossession, in which they serve to transfer wealth from Mainland China to Macau and the casinos' foreign investors. They also represent a model for economic development and this model has migrated to Singapore, where it also operates as a form of accumulation by dispossession. By requiring citizens to pay an entrance fee, Singapore's casinos explicitly appropriate other people's money. The efficacy for the use of casinos as economic development is interrogated here because Macau's casino experience has emerged as a model for economic development in Asia beyond simply Singapore.