商标恶意抢注法律规制路径探究

商标恶意抢注有违诚实信用原则,应予规制。适用我国现行《商标法》规制恶意抢注在注册确权、侵权救济和法律责任承担方面存在局限性;基于《侵权责任法》保护民事权益的范围所限,商标恶意抢注并非均为民事侵权行为,适用《侵权责任法》难以对恶意抢注实施全面规制;以《反不正当竞争法》规制恶意抢注,可对其启用行政调查措施,并通过法律责任承担规定使得恶意抢注人为此承担民事责任和行政责任,但须以竞争关系的存在和构成不正当竞争行为为适用要件,因此存在边界限制。为有效规制恶意抢注,应当结合前述立法的功能定位选择多元化法律规制路径,并从明确恶意抢注商标不予注册、规定未经实际使用的注册商标不得转让、限制恶意抢注商标的请求权方面对我国商标立法以制度完善。     

Do parties perceive their voter potentials correctly? Reconsidering the spatial logic of electoral competition

Political parties strive for maximizing their vote shares. One way to achieve this goal is to attract voters from competitors. A precondition for strategies aiming at attracting these voters is that parties perceive their voter potentials among their rivals' electorates correctly. Yet, hardly anything is known about such perceptions. To fill this gap, we develop analogue measures of a party's perceived and its actual voter potential for each competitor in a party system. Combining elite and mass surveys conducted in Germany, we show that perceived and actual voter potentials depend on spatial considerations but also that not all parties are able to correctly evaluate their potentials. These deviations can be traced back to differences in the perceived placement of political actors between elites and citizens. This supports the spatial logic of party competition but it also points to potential pitfalls for strategic behavior of political parties.     

Quality challenger emergence under the top-two primary: Comparing one-party and two-party general election contests

Prior research finds that the emergence of a quality challenger is one of the most important factors predicting whether incumbents will be vulnerable. Reformers in California and Washington envisioned that the top-two primary reform would increase electoral competition by allowing for general election contests that feature two same-party candidates in safe districts. In this research note, I investigate the degree to which these expectations have been fulfilled by looking at the prevalence of quality challengers in U.S. House contests. I compare one-party and two-party general election contests, finding that incumbents are significantly more likely to face a quality challenger from the same party than from the opposite party, all else equal. In contrast, when both states used traditional primaries prior to reform, incumbents were no more likely to face a quality challenger in the primary election than in the general election. Findings reveal a key way in which the top-two primary may fulfill reformers’ expectations and complement our understanding of how electoral institutions condition challenger entry decisions.     

Small winners and big losers: strategic party behaviour in the 2017 Dutch general election

Abstract

This article analyses party strategies during the campaign for the Dutch general election of March 2017, making use of issue-yield theory. It investigates whether parties strategically emphasise high-yield issues, by juxtaposing the issue opportunities provided by voters with parties’ issue emphasis during the campaign. More specifically, it asks whether parties strategically emphasised issues that were expected to reward them electorally. Analysing voter preferences and party campaign data, it is found that parties and most of their constituencies show high ideological consistency, that parties emphasise mostly positional issues and thus choose a conflict-mobilising strategy, and that most parties emphasise high-yield issues rather than following the general political agenda. Four small parties that won significantly behaved strategically while the social democrats – who severely lost – hardly did. The findings imply that the issue-yield framework can help to explain the election result in the fragmented Dutch multi-party context.     

Gendering the ‘responsible risk taker’: citizenship relationships with gender-neutral social assistance policy

This paper explores the gendered relationships among reforms to social assistance policy, concurrent transformations in citizenship rights to benefits, and low-income parents' experiences of these changes in the Canadian provinces of British Columbia, Alberta, and Saskatchewan. Policy discourse in all three provinces increasingly constructs mothers and fathers as ‘responsible risk takers’ who are entitled to income support conditional on their employability efforts (for example, attendance in welfare-to-work programmes) or market citizenship. Qualitative interviews with 41 mothers and five fathers illustrate how this ‘gender-neutral worker-citizen’ model can be gendered in application and is contradicted by parents' gendered identities and everyday realities when living on social assistance. Using the theoretical perspective of gender as a social structure, the paper draws upon these findings to provide empirical support for a dominant theoretical argument in feminist scholarship – that gender-neutral policy is gendered and has deeply gendered consequences.     

南京某集贸市场淡水鱼感染嗜水气单胞菌的鉴定及毒力因子检测

从南京市某集贸市场所售6种淡水鱼体内分离细菌,根据细菌染色、培养特性及16 S rRNA基因扩增等特点进行嗜水气单胞菌的鉴定,对鉴定阳性的菌株测定其溶血、溶蛋白特性,采用PCR技术调查毒力因子的基因分布情况,以斑马鱼作为实验动物研究了不同毒力基因型代表菌株的致病性.试验共分离得到39株嗜水气单胞菌,检出率为65.0%(...     

垄断法下的相关数据市场研究

数据是互联网平台经济的利润中心与关键驱动力.在对平台经济的反垄断审查中,相关机构很少将数据要素纳入审查分析范围.平台经济的反垄断审查分析中需重新审视数据要素的价值.互联网平台是在线经济结构的最有影响力的参与者.与传统的管道业务模型不同,平台市场是多方且相互依存的市场.追求规模化意味着平台须尽一切努力获取数据资源.数据不...     

Racialisation of Immigrants at Work: Labour Mobility and Segmentation of Peruvian Migrants in Chile

This article explores the emergent racialisation of Peruvian migrants as one element conditioning the labour segregation that characterises Peruvian insertion in Chile. We understand racialisation as a process of construction of categories in which both individual and collective actors participate, and whose expression is demonstrated by the differentiation and inequality that affects the racialised group. We tackle the articulation of racial differences among individual actors, both Chilean employers and Peruvian migrant workers, to suggest that the attribution of naturalised characteristics to migrants is related to segregation, mobility, and specific trajectories in the labour market.     

西部大开发进程中新生代农民工的法治保障

当前,新生代农民工成为农民工群体的主体,在社会经济发展和城市建设中扮演着重要角色。随着西部大开发进程的推进,这一群体有向西部地区回流聚集的趋势,并因此产生了新的特点和需求。在此背景下,基本民生权利保障不足、刑事犯罪率控制不严、市场经济服务不够,成为困扰这一群体的主要问题。因此,有必要针对新生代农民工的特点,构建健全合理的法治保障体系,以保障他们的合法权益,维护社会稳定,促进科学发展。     

市场经济条件下公民社会监督行政权力的新思考

从公民社会角度出发，审视现阶段行政监督的现状，还存在着监督主体转型缓慢、被监督者制约发展、监督参与渠道尚不完善等障碍性的因素。因此，应以公民社会建设为突破口，从公民、政府和渠道三个角度系统地思考新的建设道路，以完善行政监督模式架构。