从eBay案看美国专利保护趋势——兼论我国专利“停止侵权”责任方式

2006年,5月15日,美国联邦最高法院(以下简称“美国最高法院”)9名大法官全体无异议地做出终审判决,废弃了美国联邦巡回上诉法院(Court of Appeals for the Federal Circuit,以下简称CAFC)就MercExchange诉eBay专利侵权案的二审判决,将该案发回重审。此前,美国弗吉尼亚东区联邦地方法院(US District Court for the Eastern District of Virginia,以下简称“地方法院”)拒绝就eBay专利侵权发布永久性禁令(Permanent Injunction),而CAFC推翻了地方法院的这一决定。     

一株猪源1型呼肠孤病毒的分离及鉴定

为了研究猪呼肠孤病毒的分子生物学特性,通过在细胞培养液中添加胰酶的方法,从仔猪腹泻粪样中分离、纯化并鉴定了1株能在Vero细胞上稳定产生细胞病变,以细胞颗粒增多、肿胀、漂落等细胞病变为主要特征的猪源1型呼肠孤病毒SHR-A株。根据呼肠孤病毒的理化特性,对病毒进行初步纯化,然后进行电镜观察、核酸提取、RNA电泳、RT-PCR、各病毒基因扩增和克隆测序等常规病毒学鉴定。SHR-A株S1基因的同源性分析和核苷酸系统发育进化树分析表明,该病毒与哺乳动物呼肠孤病毒血清1型的同源性较高,而与血清2型和3型的同源性较低,因此初步判断该SHR-A株为血清1型,为国内首次报道从猪体内分离到血清1型的呼肠孤病毒。进一步分析发现,SHR-A的S1基因全长为1 465bp,其3′-UTR为3型,其余部分则为1型,说明其S1基因是1型和3型的嵌合体,此结果表明,哺乳动物呼肠孤病毒作为RNA病毒,基因重组可能是其除基因突变和基因重排以外的第3种病毒变异进化的重要方式。     

Juvenile and Adult Offenders Arrested for Sexual Homicide: An Analysis of Victim–Offender Relationship and Weapon Used by Race*

Abstract: Limited information is available on racial offending patterns of sexual homicide offenders (SHOs). This study used a 30‐year U.S. Supplementary Homicide Reports sample of SHOs arrested in single‐victim situations (N = 3745). The analysis strength was used to determine whether the findings yielded meaningful patterns for offender profiling. Several important findings emerged for the juvenile offenders. Juvenile White SHOs were likely to target victims with whom they shared a mutual relationship. In contrast, Black juveniles were equally likely to murder strangers and those with whom they had prior and familial relationships. Notably, no juvenile Black SHOs were arrested for murdering intimate partners. Juvenile White SHOs were twice as likely to use edged weapons as their Black counterparts. Black juveniles, conversely, were more likely than White juveniles to use personal weapons. Beyond these findings, known victim–offender relationships and weapon used may not have significant utility for investigators in identifying the SHO race, even after controlling for offender age. Limitations and future directions are discussed.     

Interviewing to Elicit Cues to Deception: Improving Strategic Use of Evidence with General-To-Specific Framing of Evidence

Previous research has demonstrated that the strategic use of evidence (SUE) approach of interviewing criminal suspects is effective at eliciting cues to deception. This study aims at expanding on the SUE approach by testing the technique of general-to-specific evidence framing. We conducted an experiment using a mock terrorism paradigm. Guilty participants took part in a simulated act of terrorism, while innocent participants performed a similar act involving no transgression. All participants (N?=?102) were then interviewed using one of four evidence disclosure styles (early disclosure, late disclosure, 2-step disclosure, or 4-step disclosure). We expected that disclosing evidence to the suspect gradually, with increasing specificity, would induce guilty suspects to alter their statements to a greater extent than innocent suspects. General-to-specific evidence framing effectively discriminated between guilty and innocent suspects, but results only partially supported the hypotheses.     

Agency problem and bureaucratic governance in the people's republic of china

This article argues that the Chinese idea of agency problem is misconstrued. The analysis provides an alternative approach to empirically reassess the nature of the problems, along the principal-agent models. The article demonstrates the relevance of using law to make the case for the profitability of examining the issues of bureaucratic governance from principal-agent perspectives. The analysis concludes by arguing that bureaucratic governance in China cannot be achieved by intensifying hierarchical domination. The concern about agents’ moral quality cannot sufficiently induce responsible bureaucratic behaviour. The key to reinventing the bureaucratic state in China lies mainly on the recognition of the agents’ need for protecting their own interests. Seen in this fashion, macro-level alternative methods of accountability should be introduced to reflect the interests of both principal and agents.     

Designing China's civil service system: general principles and realities

In examining how Chinese policy makers and law drafters defined problems and formulated solutions, this article seeks to address two questions. First, the authors consider the extent to which China's civil service system has embraced principles and features of Western civil service systems. Second, the authors illustrate the political nature of the attempt to establish a civil service system, which severely limits a rational policy design in China. As a result of the political regression since June 1989, the present civil service system has experienced little change.     

China's impact on forests in Southeast Asia

Many developed countries have gained control of their forest-exploiting industries through advanced regulatory regimes. But stricter regulation usually displaces forest exploitation into developing countries with weaker regulatory regimes. The most important current example is the shift of forest exploitation for the Chinese market from China into Southeast Asia following the logging ban in China in 1998. In this article we describe and document the impact in Southeast Asia: rapidly increasing, unsustainable, and often illegal production and export for the Chinese market. We also note the growth in exports of furniture and plywood from China to the EU, UK, and elsewhere using imported and often illegally harvested timber from Southeast Asia. It is argued that it will be very difficult to interrupt the continuing deforestation in Southeast Asia because: (i) the profits from exporting forest products from Southeast Asia to the China market and the profits for Chinese firms which use these forest products to produce plywood and furniture for export to developed countries are substantial; and (ii) there is a lack of political will at all levels to interrupt these chains of trade and flows of profit.     

Pyrrhic Victory in the “Tournament of Shadows”: Central Asia's Quest for Water Security (1991–2009)

Abstract

Central Asia's Soviet past continues to haunt the five successor sovereign states with water, a contentious issue. Although fundamental to survival and livelihood, regional cooperation over the precious resource remains a patchwork of short-term stop-loss agreements at best and an exercise in “frameworks without content” at worst. This article seeks to explain why this is so, based on a theoretical position derived from hydro-political discourse. The eclectic explanations include the hydro-hegemonic void created by the removal of Soviet authoritarianism; the securitization of the hydro-political complex in Central Asia; unilateral and bilateral substitutes for multilateral water resource cooperation; and the ineffectiveness of international law – all of which contribute to the impasse over water cooperation.     

The Memory of Violence: trauma in the writings of Alexander Kanengoni and Yvonne Vera and the idea of unreconciled citizenship in Zimbabwe

Seasonal Dimensions to Rural Poverty. Edited by Robert Chambers, Richard Longhurst and Arnold Pacey, London: Frances Pinter. 1981. 259pp. £15.50.

International Trade 1980–81. GATT, Geneva: GATT. 1981. 199pp. Swiss Francs.30.

Global Strategy for Growth: a report on North‐South issues. Lord McFadzean of Kelvinside, Chairman of the Study Group London: Trade Policy Research Centre. 1981.100pp. £2.00.

Part‐Time Farming in Cyprus: a pilot study. Richard Pearce, Reading, England: Department of Agriculture Economics and Management, University of Reading. 1981. 93pp. £2.00.

Bank for International Settlements. Fifty‐first Annual Report, April 1980 ‐ March 1981. Bank for International Settlements Basle, Switzerland: B.I.S. 1981.168pp. np.

Divide and Rule: South Africa's Bantustans. Barbara Rogers, London: International Defence and Aid Fund. 1980. 136pp.£2.00pb. (revised and enlarged 2nd edition).

Adrian Guelke

Cultural Atlas of Africa. Edited by Jocelyn Murray, Oxford: Phaidon. 1981.240pp. £17.95.

Cattle, Economics and Development. Raymond Crotty Slough, England: Commonwealth Agricultural Bureau. 1980. 253pp. np.

World Bank Annual Report. World Bank, Washington, D.C.: World Bank. 1981.210pp. np.

Farm Power in Bangladesh. Vol. 1 G J Gill, Reading, England: Department of Agricultural Economics and Management, University of Reading. 1981. 248pp. £2.00.     

Target Hardening and Terrorist Signaling: The Case of Aviation Security

In this article, we examine the relationship between hardening a target and the value that a terrorist group derives from attacking it. We use a simple expected value framework to compare how the expected value of attacking a hardened target varies between a violence-based approach, where terrorists are presumed to be maximizing the physical damage done to the target, and a signaling-based approach, where terrorists are presumed to be maximizing the symbolic value of their attack. We argue that, if it is proper to understand terrorist attacks as costly signals of terrorist strength or determination, hardening a target actually increases the expected value of attacking a target (relative to its value before hardening), even if the attack fails. We go on to examine the evolution of aviation security, and trace how al-Qaeda's views of airplanes and airports as targets have changed since 9/11. As aviation targets were hardened with increasingly onerous security measures, al-Qaeda began to see even attacks that did not result in detonation as successes, in large part because of what they signaled about al-Qaeda's abilities, and the ability of al-Qaeda to impose costs on the U.S. and other countries even in the absence of explosions.