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     

The deprivation experienced by disabled asylum seekers in the United Kingdom: symptoms,causes, and possible solutions

Disabled asylum seekers have been found to often experience extreme deprivation. Possible causes and solutions are explored, drawing on the experiences of disabled asylum seekers themselves as well as on a series of interviews with people working in the asylum and immigration sector. It is suggested that action is required to reduce immediate suffering, but that systemic change is needed to address the causes of this deprivation.     

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.     

Eliciting Subjective Survival Curves: Lessons from Partial Identification

When analyzing data on subjective expectations of continuous outcomes, researchers have access to a limited number of reported probabilities for each respondent from which to construct complete distribution functions. Moreover, reported probabilities may be rounded and thus not equal to true beliefs. Using survival expectations elicited from a representative sample from the Netherlands, we investigate what can be learned if we take these two sources of missing information into account and expectations are therefore only partially identified. We find novel evidence for rounding by checking whether reported expectations are consistent with a hazard of death that increases weakly with age. Only 39% of reported beliefs are consistent with this under the assumption that all probabilities are reported precisely, while 92% are if we allow for rounding. Using the available information to construct bounds on subjective life expectancy, we show that the data alone are not sufficiently informative to allow for useful inference in partially identified linear models, even in the absence of rounding. We propose to improve precision by interpolation between rounded probabilities. Interpolation in combination with a limited amount of rounding does yield informative intervals.     

How do International Volunteering Characteristics Influence Outcomes? Perspectives from Partner Organizations

This study examines how different types of international volunteering influence common program outcomes such as building organizational capacity, developing international relationships, and performing manual labor. Survey responses were collected from 288 development-oriented volunteer partner organizations operating in 68 countries. Data on the duration of volunteer service, the volunteers’ skill levels, and other variables were used to develop a rough typology of international volunteering. Binary logistic regression models then assessed differences in outcomes across five volunteering types. Findings suggest that future research needs to be more precise about how the nuances and complexity of diverse forms of international volunteering influence outcomes.     

“Know What to Do If You Encounter a Flash Flood”: Mental Models Analysis for Improving Flash Flood Risk Communication and Public Decision Making

Understanding how people view flash flood risks can help improve risk communication, ultimately improving outcomes. This article analyzes data from 26 mental models interviews about flash floods with members of the public in Boulder, Colorado, to understand their perspectives on flash flood risks and mitigation. The analysis includes a comparison between public and professional perspectives by referencing a companion mental models study of Boulder‐area professionals. A mental models approach can help to diagnose what people already know about flash flood risks and responses, as well as any critical gaps in their knowledge that might be addressed through improved risk communication. A few public interviewees mentioned most of the key concepts discussed by professionals as important for flash flood warning decision making. However, most interviewees exhibited some incomplete understandings and misconceptions about aspects of flash flood development and exposure, effects, or mitigation that may lead to ineffective warning decisions when a flash flood threatens. These include important misunderstandings about the rapid evolution of flash floods, the speed of water in flash floods, the locations and times that pose the greatest flash flood risk in Boulder, the value of situational awareness and environmental cues, and the most appropriate responses when a flash flood threatens. The findings point to recommendations for ways to improve risk communication, over the long term and when an event threatens, to help people quickly recognize and understand threats, obtain needed information, and make informed decisions in complex, rapidly evolving extreme weather events such as flash floods.     

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.