美国专利蟑螂的新近立法评析及其启示

专利蟑螂已经成为美国专利制度中一个十分严峻的问题,美国政府不断出台专利法修订草案和政策,意图遏制专利蟑螂,并取得了不错的成效。然而,从近期美国参众两院提交的诸项法案来看,尽管存在分歧,但其整体立场已经发生明显转变,倾向于优待专利蟑螂。由此,以设立双方复审程序、提高禁令颁发标准以及限制司法管辖为代表的诸多重要专利司法改革成果,都将可能遭到弱化。结合美国的经验教训,我国应当尽早认识专利蟑螂并着手应对,从考察开放许可专利实施情况、增加"权利人商业模式"作为判赔考量因素、细化司法管辖规则、完善专利无效制度以及构建全面打击专利假冒行为制度等多个维度,预防和遏制专利蟑螂。     

A Simple Method of VNTR D1S80 Locus Allelic Ladder Construction for Capillary Electrophoresis‐based Genotyping

VNTR D1S80 locus genotyping has been largely replaced in forensics by STR. As the statute of limitations on murder cases was abolished in the Republic of Korea in July 2015, the demand for re‐analysis of DNA from unresolved murder cases has increased. The National Forensic Service includes several recorded D1S80 genotypes as crucial clues. Here, we re‐established the D1S80 analysis system using capillary electrophoresis and confirmed the reproducibility of the system by comparison with the genotypes of eight DNA samples that had been analyzed using PAGE in 2006. In addition, we created an allelic ladder via new methodology using flanking region sequences. A single DNA sample (K562) and seven primers were used for the new ladder, which contains 12 alleles. Although artificial owing to the use of the flanking region rather than repeat unit reduction, the method is rapid and simple, and could be applicable in any laboratory.     

美国的新重商主义贸易政策与中美贸易摩擦发展趋势分析

新重商主义是重商主义贸易思想基于不同的利益与价值诉求在新时期的一种新形式的选择。在美国新重商主义贸易政策的影响下,频发的中美贸易摩擦有向长期化、高端化发展的态势。美国的新重商主义贸易政策主要体现在两方面:从鼓励出口的政策看,推动美元贬值提升制造业出口竞争力,并以绿色技术、设备、新能源为突破口,形成新的出口增长点与出口导向型战略;从限制进口的政策看,"两反两保"等贸易救济措施、"炭关税"等绿色贸易壁垒频出。     

现代化背景下黔西北苗族民俗体育研究

苗族是我国古老的少数民族之一,它在漫长的不断迁徙历史发展中创造了自己独具特色的民族传统体育。黔西北(贵州省毕节地区)是我国苗族主要聚集地之一,民俗体育类型多样,形式丰富。但在现代化背景下也面临着历史传承的紧迫问题。     

Personal identification by the comparison of facial profiles: testing the reliability of a high-resolution 3D-2D comparison model

Identification from video surveillance systems is frequently requested in forensic practice. The "3D-2D" comparison has proven to be reliable in assessing identification but still requires standardization; this study concerns the validation of the 3D-2D profile comparison. The 3D models of the faces of five individuals were compared with photographs from the same subjects as well as from another 45 individuals. The difference in area and distance between maxima (glabella, tip of nose, fore point of upper and lower lips, pogonion) and minima points (selion, subnasale, stomion, suprapogonion) were measured. The highest difference in area between the 3D model and the 2D image was between 43 and 133 mm(2) in the five matches, always greater than 157 mm(2) in mismatches; the mean distance between the points was greater than 1.96 mm in mismatches, <1.9 mm in five matches (p < 0.05). These results indicate that this difference in areas may point toward a manner of distinguishing "correct" from "incorrect" matches.     

AGCU Mini系统在法医学中的应用

目的考察及评价AGCU Mini系统在法医学实践中的应用价值。方法应用AGCU Mini系统检测12 775份陈旧血样,进行梯度DNA模板浓度分析,并与IdentifilerTM试剂盒检测结果进行比对,评价体系的检测成功率及方法的灵敏度。针对AGCU Mini系统中D19S253基因座,对699份浙江汉族无关个体进行多态性调查。结果 12 775份陈旧血样采用AGCU Mini试剂盒检测,12 885份(96.1%)分型成功,检测灵敏度为40pg(10μL体系),方法成功率及灵敏度均高于IdentifilerTM试剂盒。D19S253基因座共检出9个等位基因,频率范围为0.005 7～0.316 2,杂合度为0.814 0,多态性信息含量为0.772 9。结论 AGCU Mini系统可用于法医微量物证的STR分析,与相关试剂盒联合使用价值更高。     

美国应急志愿者管理制度及其经验借鉴

为了提高应急志愿者的组织化与专业化程度,美国建立了完善的应急志愿服务体系,实施了严格的应急志愿者认可与保护制度,并对无组织归属的志愿者进行了有效的管理。借鉴美国的经验并结合中国实际,文章提出了完善我国应急志愿者管理制度的建议。     

Effectiveness of comparison overlays generated with DentalPrint software in bite mark analysis

Validation studies of the new DentalPrint software were carried out with experimental bite marks in pigskin. The bite marks were digitally photographed according to the ABFO guidelines for evidence collection. Dental casts used in the experiment were scanned in 3D and 2D, and comparison overlays were generated using DentalPrint and Adobe Photoshop software, respectively. Digitized photographs of the experimental bite marks and the biting edges obtained in the overlays were compared by two different examiners to analyze the impact of training and experience with the two methods. Receiver operating characteristic (ROC) analysis, sensitivity, specificity, and 95% confidence intervals for each cutoff point were calculated. The expert examiner using DentalPrint obtained the best results, with an area under the ROC curve of 0.76 (SE=0.057; CI at 95%=0.652-0.876). Fairly high specificity values were found for DentalPrint, and the best results were obtained for the cutoff value that discriminated between the examiner's response "biter" and the rest of the possible (specificity 97.9%, CI at 95%=93.2%-99.6%). Therefore, the results presented here indicate that DentalPrint is a useful, accurate tool for forensic purposes, although further research on the comparison process is needed to enhance the validity of bite mark analysis.     

Bioinformatics and human identification in mass fatality incidents: the world trade center disaster

Victim identification initiatives undertaken in the wake of Mass Fatality Incidents (MFIs) where high-body fragmentation has been sustained are often dependent on DNA typing technologies to complete their mandate. The success of these endeavors is linked to the choice of DNA typing methods and the bioinformatic tools required to make the necessary associations. Several bioinformatic tools were developed to assist with the identification of the victims of the World Trade Center attacks, one of the most complex incidents to date. This report describes one of these tools, the Mass Disaster Kinship Analysis Program (MDKAP), a pair-wise comparison software designed to handle large numbers of complete or partial Short Tandem Repeats (STR) genotypes, and infer identity of, or biological relationships between tested samples. The software performs all functions required to take full advantage of the information content of processed genotypic data sets from large-scale MFIs, including the collapse of victims data sets, remains re-association, virtual genotype generation through gap-filling, parentage trio searching, and a consistency check of reported/inferred biological relationships within families. Although very few WTC victims were genetically related, the software can detect parentage trios from within a victim's genotype data set through a nontriangulated approach that screens all possible parentage trios. All software-inferred relationships from WTC data were confirmed by independent statistical analysis. With a 13 STR loci complement, a fortuitous parentage trio (FPT) involving nonrelated individuals was detected. Additional STR loci would be required to reduce the risk of an FPT going undetected in large-scale MFIs involving related individuals among the victims. Kinship analysis has proven successful in this incident but its continued success in larger scale MFIs is contingent on the use of a sufficient number of STR loci to reduce the risk of undetected FPTs, the use of mtDNA and Y-STRs to confirm parentage and of bioinformatics that can support large-scale comparative genotyping schemes capable of detecting parentage trios from within a group of related victims.     

Tax incentives for innovation: time to restructure the R&;E tax credit

The R&E tax credit has never been effective and subsequent attempts to restructure it have not addressed the major deficiencies. Moreover, in the 25 years since the R&E tax credit was enacted, a steadily increasing number of countries have implemented or expanded competing tax incentives, which in many cases are better structured and larger in size. As a result, the relative impact of the US credit is now negative in terms of incentives to conduct R&D within the domestic economy. The inadequacy of the credit stems largely from its small size and its incremental format. The impact of an R&D tax incentive is affected by its scope of coverage, the ability of industry to take advantage of it over the entire R&D cycle, the magnitude of the incentive relative to other nations’ tax policies, and its ease of implementation. In the end, a tax incentive must sufficiently lower the user’s cost of R&D to overcome barriers to allocation of private-sector resources commensurate with the potential rates of return on such investments. As a policy instrument, a tax incentive for R&D should be most effective if its form is a flat rate applied to all R&D.