Legal context: This article reviews the recent CFI and ECJ case law on proofof use and continuity of functions in the context of oppositionproceedings as well as the strict approach to three-dimensionalmarks. Key points: Unlike the situation in many common law jurisdictions, the Communitytrade mark regime is not a use-based system. Nevertheless, oncea mark has been registered for more than five years, the rightsthat it seeks to protect may only be enforceable to the extentthat the sign has been used for the goods and services it covers.In the context of opposition proceedings, applicants may callfor evidence that the opponent has actually used the mark onwhich the opposition is based. The concept of genuineuse - which must be demonstrated in order to show thata mark has actually been used - has come before the Court ofJustice for further clarification. Where proof of use is adducedfor the first time before the Board of Appeal, the Court ofFirst Instance believes that, because of the principle of thecontinuity of functions, it is not out of time. That analysishas not been supported by the recent opinion of Advocate GeneralSharpston in the Arcol case and there is now considerable uncertaintypending a final pronouncement on the issue by the Court of Justice.In the meantime, the case law from Luxembourg continues to insiston three dimensional marks being like any other type of mark,whilst taking a very strict approach to the registrability ofsuch signs. Practical significance: The evidence of use to be adduced need not be quantatively significantand the hurdle to be jumped is somewhat lowerthan was previously the case. Whether negligent representativesmay continue to use the continuity of functions principle tojustify recouping missed deadlines on appeal (particularly,when presenting proof of use), remains to be seen. However,what is certain is that three-dimensional marks will continueto be difficult to register. 相似文献
Economics Research Centre, School of Economic and Social Studies, University of East Anglia, Norwich NR4 7TJ, U.K. The paper investigates the claim of Gylfason and Lindbeck (Public Choice, 1994) that a stagflationary bias arises from the interaction between monetary policymaking and wagesetting if, among other things, the government and unions share a concern for inflation. It uses a game theoretic model of this interaction, in which the government plays an economy-wide union. Though simple, this nests several other models as special cases. In that corresponding to Gylfason and Lindbeck's model, the factors which they identify are shown to be sufficient for stagflationary bias, in a specified sense. However, for the union to care about inflation is not a necessary condition. The main result of the paper concerns the more general model. It establishes a set of necessary and sufficient conditions for stagflationary bias, as previously defined. These conditions do not include a shared concern for inflation. The paper comments briefly on the significance of this result for stagflation and economic modelling. 相似文献
INTRODUCTORY GUIDE TO MIDDLE EASTERN AND ISLAMIC BIBLIOGRAPHY. (Middle East Libraries Committee Research Guides, 5.) Edited by PAUL AUCHTERLONIE. Oxford, Middle East Libraries Committee, 1990. v, 84pp. £9.50.
SUFI WOMEN. By JAVAD NURBAKHSH. Translated by L. Lewisohn. Rev. ed., London & New York, Khaniqahi‐Nimatullahi Publications, 1990. 263pp. 8 illustrations. £7.95.
WHO'S WHO IN THE ARAB WORLD 1990–1991. Tenth edition, thoroughly revised and completed. München, New York, London, Paris, K.G. Saur, for Publitec Publications, 1990. 927 pp. £180.00
INVENTARIO DE FOLLETOS: SECCIÓN DE ÁFRICA Y MUNDO ÁRABE DE LA BIBLIOTECA NACIONAL, I (CAJAS 7000 A 7021). By JAVIER GÓMEZ LÓPEZ & others. Madrid, Biblioteca Nacional, 1989. 124pp.
BIBLIOGRAFIA DE LA LITERATURA HISPANO‐ARABE. Compiled by MARIA JESUS RUBIERA MATA. Alicante, Universidad de Alicante, 1988. 75pp. Ptas. 566.‐
ESTUDIOS ONOMÁSTICO‐BIOGRÁFICOS DE AL‐ANDALUS, I. Edited by MANUELA MARlN. Madrid, CSIC, Instituto de Filología, Departamento de Estudio Árabes, 1988. 610,[2]pp.
ESTUDIOS ONOMÁSTICO‐BIOGRÁFICOS DE AL‐ANDALUS, II. Edited by MARlA LUISA ÁVILA. Granada, CSIC, Escuela de Estudios Árabes, 1989. 342,[2]pp.
AL‐ADAB AL‐TÜNISI AL‐MU'ASIR. By JEAN FONTAINE. Tunis, al‐Dar al‐Tūnisiyya li‐1‐Nashr, 1989. 191pp. TD3.200.
ENGLISH‐PERSIAN DICTIONARY OF LEGAL AND COMMERCIAL TERMS. Compiled By K.FAHIM, J. HABIBION and F. VITTOR. Leiden, Brill, 1989. 81pp. Hfl 150.
FLORA OF EASTERN SAUDI ARABIA. By JAMES P. MANDAVILLE. London, Kegan Paul International, in association with the National Commission for Wild Life Conservation and Development, Riyadh, 1990. x, 482pp. 200 colour ills. £95.00. 相似文献
Germany has witnessed a veritable television boom over the last ten years. However, the plethora of new private channels masks an underlying duopoly, a concentration of media power that has not been prevented by an elaborate system of regulation. This article maps these developments, particularly the Lander competition for investment, the structural power of the media industry, and the emergence of a media policy ‘Grand Coalition’ between SPD North Rhine‐Westphalia and CSU Bavaria. It assesses the Federal Constitutional Court's role and highlights the public broadcasters’ crucial function to act as a pluralistic counterbalance in the dual public/private broadcasting system. 相似文献
Parenting Coordination is a “hybrid legal‐mental health role that combines assessment, education, case management, conflict management, dispute resolution and, often times, decision‐making functions (AFCC, 2019, https://www.afccnet.org/Portals/0/PublicDocuments/Guidelines%20for%20PC%20with%20Appendex.pdf?ver=2020-01-30-190220-990 ). This article addresses issues that arise when the case has allegations or findings of intimate partner violence (IPV). Considerations of the type of IPV, the severity, timing, perpetrator and effects on coparenting are discussed in the context of the parenting coordinator's role. Through screening and assessment, we differentiate the kinds of cases with the presence of IPV where a PC may be effective as opposed to other IPV cases that may not predict success for retaining a PC. 相似文献
X-ray photoelectron spectroscopy (XPS) is a widely used technique to characterize the surface chemistry of materials. It plays a crucial role in accessing qualitative and quantitative information and in detecting the presence of chemical functional groups on the surface of any material. The forensic methods available to detect and identify elements and organic/inorganic compounds are often destructive, so evidence cannot be re-analyzed. However, XPS allows rapid analysis of samples without damaging them. Recently, an increasing number of forensic researchers have begun to study certain chemical information on fingermarks. In this study, the authors aimed to present the applicability and power of XPS imaging in fingermark analysis which can also provide specific information about the fingermark chemical composition. Herein, monochromated X-ray (Al Kα) spot size was fixed at 50 μm. XPS mapping resulted in the acquisition of spectra at each pixel, in an array of 41 × 30 pixels with a step size of 50 μm. Then, a simple discussion has been made about how the scanned surface spectrum and basic snapshot spectra are used to identify different components at a fingertip of a scanned surface area (~3 mm2). Hence, a fingermark pattern contaminated with caffeine, TiO2, and Pb/PbO deposited on the silicon wafer can be chemically mapped and visualized by XPS using principal component analysis (PCA). Thus, the present study showed the possible applicability of XPS for the identification of illicit drugs of abuse, gunshot residue, and skin care products on latent fingermark by mimicking a crime scene evidence. 相似文献