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221.
Legal context. Cybersquatting emerged as a major problem fortrade mark owners in the latter part of the 1990s. Litigationhas proved a heavy and expensive method of resolving disputes.Over the past decade, various alternative dispute resolutionpolicies have been introduced, most notably the UDRP and mostrecently the .eu ADR Procedure. Key points. The article tracks the development of dispute resolutionand associated sunrise policies from the UDRP, via the NOMINETDRS Policy to the new .eu ADR Procedure. The UDRP was designedto assist nobody but trade mark owners. The NOMINET DRS Policyis wider and covers other rights owners without being specificas to the nature of the relevant rights. The .eu ADR Procedureon the other hand expressly extends to a wide variety of rightsranging from trade mark rights to rights in respect of familynames and condemns speculative as well as abusive registrations.The article draws attention to some of the shortcomings of the.eu ADR Procedure and laments the fact that the European Commission,which is responsible for the introduction of the .eu domain,did not consult more widely with a view to arriving at a sensibleworkable result. The author predicts a shambles both in relationto the .eu sunrise policy and the ADR procedure. Practical significance. The UDRP, the NOMINET DRS, and the .euADR Procedure all contain very similarly worded provisions,which help to conceal the significant differences between them.Practitioners formulating and/or responding to complaints underthese policies and procedures need to be aware of the differences. 相似文献
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In this paper, we argue that evolutionary behavioural science can be fruitfully applied to the explanation of criminal behaviour and subsequent interventions with offenders based on this understanding. First, we provide a brief overview of evolutionary theory and the three main approaches applied to the social and behavioural sciences, human behavioural ecology, evolutionary psychology, and gene‐culture co‐evolution theory. Second, we examine two examples of crimes that have been approached from an evolutionary standpoint, psychopathy, and rape. Third, we discuss four implications of adopting an evolutionary behavioural perspective for therapeutic and prevention work with offenders. 相似文献
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Schrag B Pitteloud S Horisberger B Fracasso T Mangin P 《Forensic science international》2012,219(1-3):e10-e12
Testimonies disclosed that a 44-year-old pedestrian was struck head-on by a truck while she was roaming on the motorway; at the time of collision, the truck was travelling at a speed of about 90 km/h. In the second phase of the collision, the pedestrian was projected about 100 m before her body was run over by the truck and then by a car. The autopsy revealed extensive mutilations, making it impossible to verify the testimonies of witnesses to the collision as regards the pedestrian's position at the moment of the first impact. However, the reports produced by the technical expert and the forensic pathologist were able to confirm the testimonies, based on an impact zone on the front panel of the cab of the truck, where part of the pedestrian's face was reproduced like a "modern holy shroud". 相似文献
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Plastic cable ties can be utilised in a range of serious criminal activities and a comparison of cable ties, or fragments, may form part of the physical evidence presented to a Court of law. This research assessed the potential value of evidence based on the analysis of plastic cable ties. Twenty packets of black coloured plastic cable ties (nominally 200 mm × 4.8 mm) were purchased in pack sizes ranging from 25 to 100 individual cable ties (Brisbane, Australia, March 2015). Representative samples from each packet were visually examined, compared and tested to determine their physical dimensions, chemical compositions and stable isotopic compositions (δ2H, δ13C and δ15N).All of the individual cable ties from a given packet were found to be indistinguishable with respect to appearance, physical, chemical and isotopic measurements (within-batch variability). Individual cable ties were also found to be isotopically homogeneous with respect to hydrogen, carbon and nitrogen. All of the cable ties analysed were found to have very similar chemical compositions and to be manufactured predominantly from nylon 6,6. The elemental compositions of composite samples, prepared from each packet, were found to be highly variable and, as such, were of very limited value.Cable ties from ten of the twenty packets were uniquely characterised by physical appearance (between-batch variability). Physical measurements such as the width, thickness and tooth-count of the grip section did not provide additional discrimination. Cable ties from nineteen of the twenty packets were uniquely characterised by isotopic composition, based on δ2H and δ15N measurements. Samples from two packets of Crescent brand cable ties were found to be indistinguishable with respect to all of the tests applied in this study. These two packets were inadvertently purchased from the same retailer and had the same barcode and batch number. It was considered a reasonable assumption that these two packets originated from the same manufacturing batch.The authors reason that a likelihood ratio (that might be presented to a Court of law) can be derived from this type of discrete data based on a calculation of the possible combinations of distinguishable objects (unordered sampling with replacement) in a convenience sample collected from the background population. In this example, a database of 19 distinguishable objects can yield a likelihood ratio as high as 210, with a verbal equivalent of “moderately strong support” for a proposition that two cable ties have the same isotopic composition because they originate from the same batch rather than by random chance. 相似文献