Pammer and Hotel Alpenhof - ECJ decision creates further uncertainty about when e-businesses “direct activities” to a consumer’s state under the Brussels I Regulation

The European Court of Justice’s recent judgement in the joined cases C-585/08 and C-144/09 will have substantial long-term implications for European e-businesses and e-consumers trading across borders.The key question considered was whether the fact that a website can be consulted on the Internet in the Member State of the consumer’s domicile is sufficient to justify a finding that commercial or professional activities are being directed to that Member State within the meaning of Article 15(1)(c) of the Brussels I Regulation.     

Mismatched multiplex PCR amplification and subsequent RFLP analysis to simultaneously identify polymorphisms of erythrocytic ESD, GLO1, and GPT genes

ESD (esterase D), GLO1 (glyoxalase I), and GPT (glutamate pyruvate transaminase) are human erythrocytic isoenzymes and have previously been applied in forensic medicine caseworks. The molecular bases of the polymorphic gene expression products have been demonstrated to be because of SNPs in respective coding regions. However, it has not been revealed whether the SNPs conferring the polymorphisms to the aforementioned erythrocytic isoenzymes could be simultaneously detected by using a simple PCR method. In this study, we used mismatched primers to simultaneously amplify three common isoenzyme loci so that all amplified products contained the same Hph I cleavage sites. The products were then digested with Hph I and electrophoretically separated and stained so that alleles were identified. The accumulated values for the probability of discrimination power and excluding the probability of paternity to the aforementioned systems attained 90.41% and 41.72%, respectively, in the Chinese Han population. This assay could be extremely valuable for future forensic medicine practices.     

Developmental validation of the AmpFℓSTR® Identifiler® Plus PCR Amplification Kit: an established multiplex assay with improved performance

Abstract: Analysis of length polymorphism at short tandem repeat (STR) loci utilizing multiplex polymerase chain reaction (PCR) remains the primary method for genotyping forensic samples. The AmpF?STR^® Identifiler^® Plus PCR Amplification Kit is an improved version of the AmpF?STR^® Identifiler^® PCR Amplification Kit and amplifies the core CODIS loci: D3S1358, D5S818, D7S820, D8S1179, D13S317, D16S539, D18S51, D21S11, CSF1PO, FGA, TH01, TPOX, and vWA. Additional loci amplified in the multiplex reaction are the sex‐determinant, amelogenin, and two internationally accepted loci, D2S1338 and D19S433. While the primer sequences and dye configurations were unchanged, the AmpF?STR^® Identifiler^® Plus PCR Amplification Kit features an enhanced buffer formulation and an optimized PCR cycling protocol that increases sensitivity, provides better tolerance to PCR inhibitors, and improves performance on mixture samples. The AmpF?STR^® Identifiler^® Plus PCR Amplification Kit has been validated according to the FBI/National Standards and Scientific Working Group on DNA Analysis Methods (SWGDAM) guidelines. The validation results support the use of the AmpF?STR^® Identifiler^® Plus PCR Amplification Kit for human identity and parentage testing.     

UK government's Open Standards Consultation – A step in the wrong direction?

This paper comments on UK government's Open Standards Consultation which opened on 7 February 2012. It questions the UK government's mandating of open standards defined as standards which include patents licensed on a royalty free basis. The paper suggests that instead of promoting a level playing field, the government's policy will actually restrict competition and hinder interoperability. This policy is contrary to EU policy in a number of different fields which have all accepted, despite significant in-depth debate on this issue, that the best way to ensure the most effective competition, innovation and interoperability is to allow both royalty free patents and royalty bearing patents to compete provided the latter are licensed on FRAND terms. Lastly the paper suggests that the public procurement rules are not the place to apply industrial policy, instead a full market analysis should be conducted involving other government departments such as BIS and the IPO.     

从宁波工艺品公司案看我国法院对涉外仲裁协议的监督

国家法院对仲裁协议实施监督的核心问题,就是仲裁协议的效力和仲裁庭管辖权的认定：在仲裁程序开始之前,法院就应当根据另一方当事人的请求,令当事人将协议项下的事项提交仲裁解决,除非法院认定仲裁协议无效、失效,或者不能履行;在仲裁程序开始之后,法院仍然有权根据一方当事人的请求对仲裁协议有效性和仲裁庭的管辖权问题进行审理,法院的此项权力来源于法院地国的国内法;在仲裁程序结束之后,当事人还可以裁决所依据的仲裁协议无效为由,申请法院撤销此根据无效仲裁协议作出的裁决,或者拒绝承认与执行此裁决。但如果当事人在仲裁程序中放弃了对仲裁协议有效性或者仲裁庭的管辖权提出异议的权利,则当事人在裁决作出就不能再以仲裁协议无效或者仲裁庭对仲裁协议项下的争议没有管辖权为由,请求法院撤销或者拒绝执行此仲裁裁决。     

Y-chromosome and autosomal STR diversity in four proximate settlements in Central Anatolia

Due to the longstanding human presence in the region and the influence of social traditions, the genetic make-up of populations currently inhabiting Turkey (Anatolia) is quite complex. To characterize the patterns of genetic diversity in rural Central Anatolian villages, we analyzed samples collected at four local settlements for variation at 17 Y-chromosome STR and 15 autosomal STR loci. The resulting data reveal considerable diversity within these settlements, as well as some structure in the paternal genetic variation, with a limited number of haplotypes being shared between the communities. These findings have important implications for forensic studies of Turkish populations.     

Validation of Half‐Reaction Amplification Using Promega PowerPlex® 16*

Abstract: DNA amplification is a fundamental yet costly process used in DNA analysis. This study evaluated half‐reaction amplification (12.5, 12, and 13 uL) using the Promega Powerplex^® 16 Kit with the hope of reducing sample analysis costs by half. A sensitivity study was completed, along with the testing of various blood stain samples including those with low (<0.40 ng) and high DNA concentrations (>3.0 ng), peak height imbalances, and allelic drop‐out. Also, 467 samples submitted to the MUFSC laboratory for testing were analyzed. Results indicate that half‐reaction amplification produced higher quality profiles than full‐reactions. Average peak heights increased by 85%, peak height imbalances improved, and drop‐out was eliminated in 75.8% of samples. Only eight of 467 case samples required re‐amplification, a success rate of 94% was observed, and the repeat rate decreased significantly. Finally, a DNA input of 0.25–1.0 ng is ideal for half‐reaction amplification.     

扩张中的犯罪预备及参与形式——围绕第18届国际刑法学大会第一专题的展开

新的社会、经济形势下,恐怖主义及其他严重有组织犯罪在世界范围内日益蔓延,作为针对此类犯罪现象的积极调整,各国刑事立法与司法同步呈现出扩张的趋势。着眼刑事实体法层面,不难发现不同形式的预备行为及参与行为之犯罪化处遇同样有着相当的膨胀,此处结合第18届国际刑法学大会第一专题之讨论试图对该命题作进一步的展开。     

Simultaneous Identification of Four “Legal High” Plant Species in a Multiplex PCR High‐Resolution Melt Assay,

The international prevalence of “legal high” drugs necessitates the development of a method for their detection and identification. Herein, we describe the development and validation of a tetraplex multiplex real‐time polymerase chain reaction (PCR) assay used to simultaneously identify morning glory, jimson weed, Hawaiian woodrose, and marijuana detected by high‐resolution melt using LCGreen Plus^®. The PCR assay was evaluated based on the following: (i) specificity and selectivity—primers were tested on DNA extracted from 30 species and simulated forensic samples, (ii) sensitivity—serial dilutions of the target DNA were prepared, and (iii) reproducibility and reliability—sample replicates were tested and remelted on different days. The assay is ideal for cases in which inexpensive assays are needed to quickly detect and identify trace biological material present on drug paraphernalia that is too compromised for botanical microscopic identification and for which analysts are unfamiliar with the morphology of the emerging “legal high” species.     

18世纪末至20世纪初吧城华人社会房屋租赁问题研究——以《公案簿》第1-14辑资料为中心

18世纪末到20世纪初,不断到吧城的华人新客给当地房屋租赁市场带来潜在商机,一些具有投资意识的商人、宗族负责人和少数土著等群体开始涉足房屋租赁行业,出租房屋赚取租金。吧城华人大多限于资金而选择租房自住或做商铺,租房程序较为简单,大致包括租赁双方协商议定房租、签订合约,有时也会由中间商居间沟通达成租房协议。为了保证租房收益,房屋所有者会采取交纳押金、约定租期和交租方式、指定收租代理人以及申请吧国公堂调解等方式来控制经营风险。