反专利权滥用法律规制研究

专利权人或独占实施的被许可人不正当行使其权利、不实施其专利、利用其优越地位不正当地限制交易、或采取不公正的交易方法造成他人利益或公共利益受到损害的,构成专利权滥用。我国法律、法规没有对专利权滥用行为进行界定,强制性法律规范不健全,缺乏具有操作性的救济措施,对其规制的措施尚不够有力。同时执行机构多元化,执法程序不够完善,导致执法不统一。在专利权滥用法律规制模式上,我国宜采用二元制的规制模式。     

Children and young people accused of child sexual abuse: A study within a community

This paper reports on a study of 227 children and young people, all living in a West Midlands city in the UK, who between November 1993 and December 1999 were accused of having sexually abused a child. The study had two main objectives: first to examine the alleged behaviours, family backgrounds and personal characteristics of the young people; and second to discover what factors, if any, may be associated with recidivism later in adulthood. It is still too early to draw firm conclusions regarding recidivism, because half of the sample has not yet reached adulthood. However, preliminary findings contradict the notion that many young people who display sexually abusive behaviour will grow into adult sex offenders.     

云南省青少年新型合成毒品滥用问题研究——以云南省大理白族自治州古城娱乐场所个案为例

文章以云南省大理市古城地区娱乐场所一青少年沾染毒品,最终成为新型合成毒品滥用者为个案,分析研究当下云南省青少年新型合成毒品滥用问题。     

价格歧视行为的反垄断法分析

支配企业从事价格歧视如果产生了排斥竞争的效果,可能会构成反垄断法上所禁止的滥用行为。在进行反垄断审查时,首先须依据价格歧视的构成要件对行为进行定性,然后须进行复杂的经济分析来对该行为的竞争损害与其可能产生的效率进行权衡,从而判明是否应予禁止,并在这一原则指导下,针对各种具体歧视方式形成更具操作性的判断标准。这些研究是有效实施我国《反垄断法》第17条（6）所必需的理论基础。     

Software interoperability, intellectual property and competition law — Compulsory licenses for abuse of market dominance

Innovation is a shared purpose of both intellectual property (IP) and competition law. However, sometimes competition law conflicts with the interests of IP holders. This paper searches for an adequate criterion of practical concordance, which consists of evaluating, in the concrete situation, which of those regulations best performs the purpose of promoting innovation. It is considered that requirements of competition law shape IP regulations, but the internal limits of protection therein identified are not enough to safeguard concerns of competition law. In particular, European courts held that, in exceptional circumstances, IP holders with market dominant position can be compelled to grant licenses of IP protected goods, such as copyrighted information and software. Such lifting of the IP exclusion power finds its rationale in preserving competition and promoting innovation, which is particularly sensitive within the dynamic software market.     

The mental health needs of incarcerated youth in British Columbia, Canada

The purpose of the study was to identify the current prevalence of mental disorders and mental health needs among incarcerated male and female youths in Canada, and to present these data in the context of rates found in other jurisdictions. One hundred forty male and 65 female incarcerated young offenders in British Columbia were screened with the Massachusetts Youth Screening Instrument Version 2 (MAYSI-2); provisional psychiatric diagnoses were assessed with the Diagnostic Interview Schedule for Children Version IV (DISC-IV); abuse history and aggressive symptoms of Conduct Disorder (CD) were coded from file information. Nearly all youths (91.9% of males and 100% of females) met the criteria for at least one mental disorder. Substance abuse and dependence disorders were highly prevalent (85.5% of males and 100% of females). Aggressive forms of CD were common (72.9% of males and 84.3% of females), as were exposure to physical abuse (60.8% of males and 54.3% of females) and sexual abuse (21.2% of males and 42.4% of females). Female youths had significantly higher odds of presenting with: (1) substance abuse/dependence disorders; (2) current suicide ideation; (3) sexual abuse; (4) PTSD; (5) symptoms of depression and anxiety; (6) Oppositional Defiant Disorder; and (7) multiple mental disorder diagnoses. Male youths had significantly higher odds of presenting with aggressive symptoms of CD. Overall, rates of mental disorder among this sample of serious and violent young offenders were higher than rates previously reported for incarcerated youths — both in Canada and in other jurisdictions.     

Challenging Institutional Denial: Psychological Discourse,Therapeutic Culture and Public Inquiries

ABSTRACT

The damaging effects of abuse in childhood were repeatedly emphasised in public hearings and in media coverage of the Royal Commission into Institutional Responses to Child Sexual Abuse. Testimony from earlier Australian inquiries, which documented widespread experiences of child maltreatment, particularly in institutions, also underscored the ongoing and often intergenerational impact of abuse. Taking institutional child abuse inquiries as a case study, this article examines how psychological and therapeutic concepts have been mobilised politically. It argues that therapeutically oriented and psychologically informed cultural narratives of childhood trauma and its ongoing effects have provided a framework for making sense of long-term experiences of adversity and suffering and have enriched attention to “the question of justice” for survivors of historical institutional child abuse.     

Secondary Traumatic Stress in the Courtroom: Suggestions for Preventing Vicarious Trauma Resulting from Child Sexual Abuse Imagery

The internet and social media have added to an increase in sexual imagery. As a result, law enforcement, judicial officers and court ordered counselors will be exposed to an increase of images. While not every individual will experience post‐traumatic stress symptoms, it is anticipated there is risk for impact. The impact of viewing images can include an increase in vicarious trauma symptoms, burnout, and a possible decrease in impartiality. This paper offers suggestions for self‐care in the services of preventing collateral damage.     

正当程序:滥用程序权的判断标准

在缺乏有关程序的法律依据时,行政机关对程序拥有裁量权。行政机关对程序的裁量违反正当程序原则的,构成滥用职权。正当程序原则的合法地位源自《行政诉讼法》所规定的行政行为不得滥用职权。法院审查行政行为是否存在滥用职权的判断标准之一,是正当程序原则。上述规则的确立,经历了学说借鉴、政策回应、司法实践和法律确认的发展过程。     

Keeping the Family Together: Why New York Must Amend Evidence Rules to Protect a Parent's Right to be a Parent

In New York, hearsay statements made by children may be admissible in a child protective proceeding. Under Article 10 of the Family Court Act, an out‐of‐court statement only requires corroboration to support the statement's reliability. The Family Court has the choice to determine what evidence will be sufficient for corroboration. In comparison to other statutes from different states, New York's statute is very broad. This Note proposes amending the current evidence statute under Article 10 of the Family Court Act to strengthen the standard for admitting hearsay statements in child protective proceedings.