外观设计的法律保护

在知识产权的保护对象中 ,外观设计较为特殊。作为一种发明 ,它可以受到专利法的保护 ;作为某种美学思想的表述 ,它可以受到版权法的保护 ;当它在市场上获得显著性或第二含义后 ,又可以作为商标得到商标法的保护 ,或作为商品外观得到反不正当竞争法的保护。外观设计问题涉及专利权、版权法、商标法和反不正当竞争法。外观设计与商品包装外观设计可获得专利法的保护 ,但商品包装只能获得反不正当竞争法的保护 ,不能将二者混为一谈     

A Comparative Study of Segregation Patterns in Belgium,Denmark, the Netherlands and Sweden: Neighbourhood Concentration and Representation of Non-European Migrants

In this paper, we use geo-coded, individual-level register data on four European countries to compute comparative measures of segregation that are independent of existing geographical sub-divisions. The focus is on non-European migrants, for whom aggregates of egocentric neighbourhoods (with different population counts) are used to assess small-scale, medium-scale, and large-scale segregation patterns. At the smallest scale level, corresponding to neighbourhoods with 200 persons, patterns of over- and under-representation are strikingly similar. At larger-scale levels, Belgium stands out as having relatively strong over- and under-representation. More than 55% of the Belgian population lives in large-scale neighbourhoods with moderate under- or over-representation of non-European migrants. In the other countries, the corresponding figures are between 30 and 40%. Possible explanations for the variation across countries are differences in housing policies and refugee placement policies. Sweden has the largest and Denmark the smallest non-European migrant population, in relative terms. Thus, in both migrant-dense and native-born-dense areas, Swedish neighbourhoods have a higher concentration and Denmark a lower concentration of non-European migrants than the other countries. For large-scale, migrant-dense neighbourhoods, however, levels of concentration are similar in Belgium, the Netherlands, and Sweden. Thus, to the extent that such concentrations contribute to spatial inequalities, these countries are facing similar policy challenges.     

Improving Flood Risk Communication by Focusing on Prevention‐Focused Motivation

This article proposes an approach to flood risk communication that gives particular emphasis to the distinction between prevention and promotion motivation. According to E. Tory Higgins, the promotion system and the prevention system are assumed to coexist in every person, but one or the other may be temporarily or chronically more accessible. These insights have far‐reaching implications for our understanding of people's reasoning about risks. Flood risk communication framed in terms of prevention involves the notions of chance and harm, woven into a story about particular events that necessitate decisions to be more careful about safety issues and protect one's family and oneself from danger. The article describes how the insights worked out in practice, using a flood risk communication experiment among a sample from the general population in a highly populated river delta of the Netherlands. It had a posttest‐only control group design (n = 2,302). The results showed that risk communication had a large effect on the participants’ responses and that this effect was higher among chronic prevention‐focused people than among others. Any information that increased the fit between a prevention‐framed message and a person's chronic prevention motivation produced stronger situationally induced, prevention‐focused responses. This may significantly improve communication about risks. In contrast, the notion of water city projects, featuring waterside living, had more appeal to promotion‐focused people.     

The multicriteria selection of products in technological diversification strategies: an application to the Spanish automotive industry based on AHP

The economic recession, the dynamism and complexity of the markets and the generalised globalisation of the world economy have forced many companies to rethink and reorganise their industrial strategies. Through identifying and taking advantage of the key technologies of a company, this work presents a new and original methodology for dealing with a general technological diversification process. The methodology, which includes an innovative cognitive perspective and its corresponding decisional tool (decision support system) has been used to select the best product in a process of technological diversification that, along with the key technologies, identifies the sub-levels consonant to the sub-technologies and applications to sectors and products. The multicriteria selection tool employed in the proposed methodology, based on the analytic hierarchy process, allows the integration of multiple scenarios, actors and criteria, both tangible and intangible. The methodology has been applied to a case study in the Spanish automotive auxiliary sector.     

Income inequality and participation: A comparison of 24 European countries

Previous research suggests that when there is a high level of inequality, there is a low rate of participation. Two arguments are generally offered: First, inequality depresses participation because people from different status groups have fewer opportunities to share common goals. Second, people may participate more in civic and social life when they have more resources. However, until now, these explanations have not been separated empirically. Using EU-SILC data for 24 European countries, we analyze how income inequality is related to civic and social participation. Our results indicate that the main effects of inequality manifest via resources at the individual and societal level. However, independent of these resources, higher inequality is associated with lower civic participation. Furthermore, inequality magnifies the relationship between income and participation. This finding is in line with the view that inter-individual processes explain why inequality diminishes participation.     

Valuation of road safety effects in cost–benefit analysis

Cost–benefit analysis is a common method for evaluating the social economic impact of transport projects, and in many of these projects the saving of human lives is an issue. This implies, within the framework of cost–benefit analysis, that a monetary value should be attached to saving human lives. This paper discusses the ‘Value of a Statistical Life’ (VoSL), a concept that is often used for monetising safety effects, in the context of road safety. Firstly, the concept of ‘willingness to pay’ for road safety and its relation to the VoSL are explained. The VoSL approach will be compared to other approaches to monetise safety effects, in particular the human capital approach and ‘quality adjusted life years’. Secondly, methods to estimate the VoSL and their applicability to road safety will be discussed. Thirdly, the paper reviews the VoSL estimates that have been found in scientific research and compares them with the values that are used in policy evaluations. Finally, a VoSL study in the Netherlands will be presented as a case study, and its applicability in policy evaluation will be illustrated.     

Revisiting the model of creative destruction: St. Jacobs,Ontario, a decade later

Ten years ago, the model of creative destruction was developed to predict the fate of communities that base their development on the commodification of rural heritage (Mitchell, C.J.A., 1998. Entrepreneurialism, commodification and creative destruction: a model of post-modern community development. Journal of Rural Studies 14, 273–286). Its application to the village of St. Jacobs, Canada, demonstrated that entrepreneurial investment had fostered the creation of a setting for aestheticized consumption. In this paper we demonstrate that creative destruction has continued to unfold in the village over the course of the past decade. The evolutionary path taken is assessed in light of current literature on rural space. It is concluded that to fully understand the transformative process, one must integrate the demands of myriad sub-cultures, whose social relations, ideologies and actions will contribute to the development of a contested landscape of consumption. This finding necessitates that modifications be made to the model and its various stages. The most significant is recognition that the “heritage-scape” is an interim state of landscape change; one that displaces the productivist landscape of the industrial period, and precedes the creation of the “neo-productivist” leisure-scape of post-industrialism. Whether or not such a “final” state is achieved is dictated by the power struggle that inevitably arises amongst sub-cultures engaged in the transformation of rural space.     

Skill and education effects on earnings in 18 Countries: The role of national educational institutions

This study investigates whether the mechanisms why education is rewarded vary across countries. Do educational institutions affect the likelihood that support for a particular mechanism is found? Combining IALS survey data and OECD statistics on educational institutions, it was shown that the effect of measured skill on earnings - controlled for educational attainment - is lower in countries where educational institutions produce skills relevant for work through the vocational system. This indicates that the human capital perspective on education works particularly well in vocationally oriented educational systems, as the skills generated in education are strongly overlapping with the skills that are rewarded. An alternative mechanism sees education as a means for social closure through credentialization. Under the credentialization model, education is not primarily rewarded for the productivity-enhancing skills it entails, but rather for reasons unrelated to productivity. Following this theory education is used for selection into the organization, after which directly observable skills are determining wages. Assuming that a strongly differentiated educational system creates boundaries between social groups, it is hypothesized that strongly differentiated systems lead to stronger measured skill effects. We do not find support for this hypothesis.