对新技术时代的知识产权行政管理机构的探讨

20世纪90年代以来的技术革新给知识产权行政管理机构带来了深刻的影响。知识产权行政管理机构的性质从法人机构逐渐转变为执行或特殊机构;从较多关注于知识产权登记、审核的机构向承担更多的政治、经济发展职责的机构转变。技术进步也带来了知识产权行政管理机构传播以及保护作用的巨大变化。我国的知识产权行政管理机构必须认识到技术进步带给知识产权行政管理的挑战并作出相应的变革。     

Telephone Number Allocation: A Property Rights Approach

This paper analyzes the coordination, competition and resource allocation problems associated with telephone numbers, and it examines the advantages and disadvantages of various allocation mechanisms from a property rights perspective. We suggest to move away from current administrative number allocation procedures to a market-based auction mechanism, at least for the most valuable numbers. It is also argued that number portability is essential not only for reducing consumer switching costs, but also for efficient investment into a number's value, as only number portability enables telephone users to obtain unfettered property rights in their telephone numbers.     

基于TAPI的分布式交通信息呼叫中心的研究

本文介绍了一种交通信息的发布方式，构建分布式交通信息呼叫中心的方案。方案参照和使用了目前计算机网络和电话网络的标准接口协议TAPI，提出了基于TAP13．X建立交通信息呼叫中心的可行方案及其系统架构。     

论我国知识产权法院的规划设计

知识产权审判面临事实查明难度大,民事、刑事和行政审判领域之间缺乏沟通,确权纠纷解决程序设计不合理等现实问题。世界范围的知识产权审判体制改革业已形成较为一致的趋势和做法,我国知识产权法院的规划设计应当合理借鉴比较法经验,秉持战略思维、国情思维、改革思维和治理思维,按照四级两审、交错并行的纵向架构,均衡分布、两区分离的横向布局,在案件管辖上实行民事、刑事和行政纠纷的三审合一与技术类纠纷的集中管辖,通过准确的程序定位与有效的程序衔接提高确权争议解决的效率,以多元设计的程序规则和增设序列的队伍配备保障知识产权法院的有效运行。     

“Sorry,wrong number”: Why media polls on gun control are often unreliable

Abstract

How scientific are the polls reported in the media on the gun‐control issue? Without arguing for or against gun controls, this article examines the interviewing and sampling methods used by media polls and finds that some polls claiming impressive majorities in favor of severe gun controls may not be accurate.     

The beginning of university entrepreneurship in Japan: TLOs and bioventures lead the way

Following reforms between 1998 and 2004, Japan’s technology transfer system closely resembles the U.S. Bayh-Dole system. Numbers of TLO patents and licenses and numbers of startups are respectable compared to U.S. numbers shortly after enactment of Bayh-Dole. However, capabilities of TLOs vary, average royalties are low, and business prospects for most startups seem limited. In contrast, joint research with companies is increasing rapidly. Most joint research inventions are jointly owned giving the companies an automatic de facto, non-transferable, royalty-free and license. Data from one university show a large proportion of engineering and materials/chemistry inventions are attributed to joint research with large companies, thus limiting opportunities for startup formation and licensing to other small companies. (In biomedicine, pre-emption of discoveries by joint research is less.) Pre-emption of university discoveries (often publicly funded) under joint research agreements recreates the pre-reform system, where corporate donations also enabled pre-emption of discoveries. Like the old system, the new system is advantageous to established companies. Strengthening the formal system (including programs to assist startups) may redress this balance and give Japan the benefits of both types of technology transfer systems.

知识产权权利客体析疑

知识产权法律制度既保护智力成果、也保护非智力成果,既保护创造性的智力成果、也保护非创造性的智力成果,既保护劳动、也保护投资,而许多创造性的智力成果并未纳入知识产权法的保护范围。今天“知识产权法”已经名不副实,它保护的对象并不是“知识”,而知识产权的权利客体也不完全是“智力成果”。     

Justice in Moscow?

The article explores Russians’ satisfaction with their experiences in court and with the legal system more generally. The analysis draws on a nationally representative survey of Russians, fielded by the Levada Center in 2010. The results show that most court veterans believe that the decision in their case was just, and that the judge treated them well. But these positive feelings do not extend beyond their case. Russians who have no court experience tend to have more favorable views about the legal system than do court veterans. These findings serve to remind us of the difficulty of building confidence in the legal system in post-Soviet Russia.     

基于信息家电的可重构协议栈的设计与实现

针对信息家电上网的协议栈移植、地址资源有限等问题,设计并实现了一种可重构的嵌入式TCP/IP协议栈。该协议栈可以根据用户需求重构为IPv4.IPv6等多种协议栈,可以为家电上网以及其他嵌入式应用系统的远程网络控制提供一种良好的解决方案。     

Intellectual property (IP) protection versus IP abuses: The recent development of Chinese IP abuse rules and recommendations for foreign technology-driven companies

This paper will focus on the recent development of the Chinese IP abuse legislation and its potential impact on IP protection and the operation of technology-driven foreign enterprises in China. Firstly, it will provide a brief overview of the TRIPS's requirements on IPR abuse and technology transfer, and the recent development of IP abuse laws at the domestic level, particularly in the US and the EC. Secondly, by drawing a comparison with similar laws in the US and the EC, this paper will critically examine the recent development of the Chinese laws regarding technology transfer and IP abuse prevention, including both the recently enacted Anti-Monopoly Law 2008 (AML) and other prior-AML regulations. Thirdly, the paper will examine both opportunities and potential risks these laws may bring to foreign IP holders/technology-driven companies when operating in China, particularly focusing on the impact of the IP-related provision in the AML. Recent development in antitrust litigation in which Microsoft is a party, including the recent anti-monopoly investigation against Microsoft in China, will also be examined. Lastly, it will provide some practical suggestions for foreign IP holders and technology-driven companies to operate in China, such as useful defences against potential IP abuse claims, and other strategies for flexibly applying the IP abuse rules and better participating in future IP abuse legislative process in China.