“联系说”视角下商标俗称抢注案的法律思考

商标权的客体为相关公众所认知的商标与商标所标识的商品或服务之间的联系,以此为基础可以认定商标俗称的抢注构成对商标权的侵犯,同时,商标俗称可以被认定为近似商标的一种形式,从而适用《商标法》第52条的规定。此外,在商标俗称的问题上,不能适用法律对驰名商标的特殊保护。     

Path(ological) Dependency? Core Competencies from an Organizational Perspective

The development of the 'resource-based theory of the firm' has helped to reorient the field of strategic management towards a focus on the organizational processes and structures which produce 'core competencies'. By challenging previous assumptions of market determinism this approach seems to open up the prospect of a greater dialogue with the theories and concerns of organization studies. This paper aims to determine the scope of such a dialogue by developing an appreciation and critique of the core competencies framework from an organizational perspective. In this context, the key feature of resource-based theories is seen to be their focus on organizational knowledge rather than decision-making processes as the engine of competitive performance. This focus has a powerful resonance with studies of knowledge in organizations, particularly those forms of knowledge which are linked to product and process design.
However, despite the important shift towards a knowledge-based view of competition, the core competencies approach fails to follow the logic of its own argument as far as the organizational appropriation of knowledge is concerned. In their pursuit of an ontological model of competitive performance –defining the essential causes of firm competitiveness – resource-based approaches neglect the socially embedded qualities of organizational knowledge. As a result, the social construction of knowledge, encompassing the dilemmas posed by the employment relationship and the pitfalls of institutionalization, is neglected. Instead, a smoothly linear model is developed linking skills, competence and competitiveness. This mechanistic view is further reinforced by reliance on a command and control model of the management process. Organizational knowledge is not a biddable resource at the disposal of top management.     

深圳十年规划建设理论与实践初探

本文根据深圳十年规划与建设经验,对市场经济条件下的城市规划理论、乡镇城市化、开放型城市的交通与电讯网络、城市生态环境的保护、投资软硬环境的建设,以及如何提高城市规划的科学水平等问题作了探讨。     

静电电子回旋脉塞的单粒子理论

本文用单粒子理论研究了静电电子回旋脉塞。通过对静电电子回旋脉塞中的电子运动的分析,导出了电子与波互作用的非线性摆方程。文中用二阶扰动方法求解非线性摆方程,得到了TE_(mn)和TM_(mn)两种工作模式的静电电子回旋脉塞不稳定性线性增益公式,进一步证实了静电电子回旋脉塞不稳定性是存在的。     

Decomposing the predictive performance of the moving average trading rule of technical analysis: the contribution of linear and non-linear dependencies in stock returns

The main purpose of this work is to decompose the predictive performance of the moving average (MA) trading rule and find out the portion that could be attributed to the possible exploitation of linear and non-linear dependencies in stock returns. Data from the General Index of the Athens Stock Exchange, from the Standard and Poor-500 Index of the New York Stock Exchange and from the Austrian Traded Index of the Vienna Stock Exchange are filtered by linear filters so as the resulting simulated ‘returns’ exhibit no serial correlation. Applying MA trading rules to both the original and the simulated indices and using a new statistical testing procedure that takes into account the sensitivity of the performance of the trading rule as a function of the length of the MA it is found that the predictive performance of the trading rule is clearly weakened when applied to the simulated indices indicating that a substantial part of the rule's predictive performance is due to the exploitation of linear dependencies in stock returns. This weakening is uneven; in general the shorter the MA length the more pronounced the attenuation.     

Consistency of maximum likelihood estimators in a large class of deconvolution models

We consider the maximum likelihood estimator $\hat{F}_n$ of a distribution function in a class of deconvolution models where the known density of the noise variable is of bounded variation. This class of noise densities contains in particular bounded, decreasing densities. The estimator $\hat{F}_n$ is defined, characterized in terms of Fenchel optimality conditions and computed. Under appropriate conditions, various consistency results for $\hat{F}_n$ are derived, including uniform strong consistency. The Canadian Journal of Statistics 41: 98–110; 2013 © 2012 Statistical Society of Canada     

基于核和灰度的双重异构数据序列预测建模方法研究

通过建立灰色异构数据"核"序列的DGM(1,1)模型,实现双重异构数据"核"的预测;以"核"为基础、以双重异构数据序列中较大的区间灰数信息域作为预测结果的信息域,构建基于区间灰数与实数的双重异构数据序列灰色预测模型,有效地将灰色预测模型建模对象从"同质数据"拓展至"双重异构数据"。研究成果对丰富灰色预测模型理论体系具有积极意义。     

Extended generalised Pareto models for tail estimation

The most popular approach in extreme value statistics is the modelling of threshold exceedances using the asymptotically motivated generalised Pareto distribution. This approach involves the selection of a high threshold above which the model fits the data well. Sometimes, few observations of a measurement process might be recorded in applications and so selecting a high quantile of the sample as the threshold leads to almost no exceedances. In this paper we propose extensions of the generalised Pareto distribution that incorporate an additional shape parameter while keeping the tail behaviour unaffected. The inclusion of this parameter offers additional structure for the main body of the distribution, improves the stability of the modified scale, tail index and return level estimates to threshold choice and allows a lower threshold to be selected. We illustrate the benefits of the proposed models with a simulation study and two case studies.     

An efficient sequential design of clinical trials

We propose an efficient group sequential monitoring rule for clinical trials. At each interim analysis both efficacy and futility are evaluated through a specified loss structure together with the predicted power. The proposed design is robust to a wide range of priors, and achieves the specified power with a saving of sample size compared to existing adaptive designs. A method is also proposed to obtain a reduced-bias estimator of treatment difference for the proposed design. The new approaches hold great potential for efficiently selecting a more effective treatment in comparative trials. Operating characteristics are evaluated and compared with other group sequential designs in empirical studies. An example is provided to illustrate the application of the method.