中国驰名商标上的生物多样性保护问题探讨

Should extant or expired copyright or patent designs (such as those featuring Mickey Mouse, Wonder Woman, and the Coca-Cola bottle) be eligible for trademark or trade dress protection? Or, should they enter the public domain upon expiration of the copyright or patent without regard for their source-indicating capacity? The law is in conflict on this question. Early Supreme Court precedent imposed a per se bar precluding trademark or trade dress protection for designs of extant or expired copyrights or patents. Yet, later Supreme Court and regional appellate court cases deviated from that precedent, creating conflicting jurisprudence and promoting marketplace conditions that undermine trademark law’s purpose and policy ofmaintaining a fair and ordered marketplace.
 Disallowing trademark protection for nonfunctional source-indicating designs because of their current or past copyright or patent status sets up the possibility for consumer confusion, deception, and fraud in the marketplace. This is precisely the type of marketplace disorder that trademark law is designed to prevent. This Article offers normative justifications for the eligibility of copyright or patent protected designs to receive overlapping and sequential trademark protection, as well as a path for resolving the conflicting jurisprudence.
 This Article addresses the conflict in overlapping intellectual property protections at the patent/trademark interface and the copyright/trademark interface. At the patent/trademark interface, the per se bar is unnecessary because trademark law’s functionality doctrine properly resolves the concerns with overlapping IP rights, asfunctional designs are categorically ineligible for trademark protection. Unfortunately, the Supreme Court and regional appellate courts use different tests for assessing functionality, yielding inconsistent and conflicting results that are impractical in the new economy. This Article proposes a single functionality test that is more comprehensive than the plethora of existing and conflicting tests currently in use. The proposed test assesses a design’s use in relation to the product and the design’s function in a manner that is less conceptual and more specific to a particular application of the design. At the copyright/trademark interface, the per se bar is also unnecessary for two reasons. First, trademark law’s functionality doctrine resolves the conflict for useful articles. A modified version of the functionality test applied to useful articles precludes trademark-ineligible designs from protection. Second, for character designs and music, it is their specific use that would determine their eligibility for trademark protection. Therefore, the proposed use test would examine that specific use to determine whether the design is being used as a source indicator or as an unlawful attempt to extend copyright protection. The proposedtests at the patent/trademark and the copyright/trademark interfaces provide processes for identifying both functional designs and uses of character designs and music that would be ineligible for trademark protection, further demonstrating that a per se bar is unnecessary.
 Courts have attempted to ground their reasoning for the per se bar in the copyright and patent law policy that grants the public a right to exploit the subject matter of expired copyrights and patents. This Article posits that trademark law’s public policy for maintaining a fair and ordered marketplace preempts the per se bar’s public policy of a right to copy, rendering the bar inapplicable in the trademark context. There is a presumption running through current jurisprudence that trademark rights must yield to the public’s right to copy, but copyright and patent law are already deemed acceptable incursions on that right. The rules of statutory interpretation, as well as the natural law origin of the right to copy, debunk the presumption that trademark protection must be denied purely because of copyright or patent status. Since there is simply no basis in law or policy for a per se bar of trademark protection, the time has come for Congress or the Court to end the per se bar and resolve the conflict in jurisprudence.

PDF HTML阅读 XML下载 导出引用 引用提醒 旅游发展对城市生态文明建设的影响及空间溢出效应——基于我国284个地级及以上城市的实证研究 DOI: 10.5846/stxb202203280756 作者: 作者单位: 作者简介: 通讯作者: 中图分类号: 基金项目: 国家社会科学基金（21BGL149）；湖南省国内一流培育学科建设项目（5010002） Impact of tourism development on the construction of urban ecological civilization and its spatial spillover effect: An empirical study on 284 prefecture level and above cities in China Author: Affiliation: Fund Project: The National Social Science Fund of China；Domestic first-class cultivation discipline construction project in Hunan Province 摘要 | 图/表 | 访问统计 | 参考文献 | 相似文献 | 引证文献 | 资源附件 | 文章评论 摘要:生态文明建设是实现"美丽中国"的必由之路，旅游因其"绿色"属性与之联系十分密切，论证旅游发展能否促进生态文明建设并探究其空间溢出特征具有重要意义。在构建旅游发展对城市生态文明建设影响及空间溢出效应理论框架的基础上，通过熵权TOPSIS法对全国284个地级及以上城市2004-2019年生态文明建设水平（ECC）进行测度，使用空间杜宾模型揭示旅游发展对城市生态文明建设的影响及空间溢出效应。结果表明：①各城市ECC均取得不同程度提升，相对高值区集中于长江和黄河经济带下游沿线，低值区多分布在中西部地区；区域尺度下，各地区ECC长期呈"东-中-西"递减格局，内部发展差异性与其存在明显空间错位。②旅游发展能够显著促进"本地"和"邻地"城市生态文明建设，具体表现为"三轮驱动"下的水平提升，其对城市经济系统的驱动力显著大于生态和社会系统。③东、中、西部地区旅游发展对城市生态文明建设的影响和空间溢出效应均得到释放，空间异质性下二者作用强度与城市ECC基本"区域重叠"。④政策制定上，一方面在长期落实旅游业"生态优先"原则的基础上，加快旅游数字化建设和文旅融合步伐，充分释放其对生态文明建设的产业外部性；另一方面需加强旅游专项转移支付力度、构建东西部旅游开发对口帮扶机制，激发西部地区旅游内生动力。 Abstract:Construction of ecological civilization is one way to realize "beautiful China". Tourism is closely related to it because of its green attribute. It is of great significance to demonstrate whether tourism development can promote the construction of ecological civilization and explore its spatial spillover characteristics. This paper built a theoretical framework of the impact of tourism development on urban ecological civilization construction and spatial spillover effects. The ecological civilization construction level (ECC) of 284 prefecture level and above cities in China from 2004 to 2019 was measured by entropy weight TOPSIS method; The spatial Doberman model is used to reveal the impact of tourism development on the construction of urban ecological civilization and spatial spillover effect. The results show that:(1) the ECC of each city has improved to varying degrees, the relatively high value areas were concentrated along the lower reaches of the Yangtze River and the Yellow River economic belt, and the low value areas were mostly distributed in the central and western regions; On the regional scale, ECC in each region has been in a decreasing pattern of east-middle-west for a long time, and there is an obviously spatial dislocation between the internal differences of regional ECC and the development level of ECC among various regions. (2)Tourism development can significantly promote the construction of ecological civilization in local and adjacent cities, which is embodied in the improvement of the level under the "three wheel drive", and its driving force on the urban economic system is significantly greater than that of the ecological and social system. (3) The impact of tourism development on urban ecological civilization construction and spatial spillover effect in the east, middle and west regions have been released. Under the spatial heterogeneity, the intensity of the two effects basically overlaps with the urban ECC. (4) In terms of policy development, In order to bring into play the industrial externalities of tourism for the construction of ecological civilization, local governments should actively promote the digitalization of tourism and the integration of tourism and cultural industries, based on the principle of "ecological priority" in the long term; on the other hand, Chinese Government need to strengthen the transfer of special funds for tourism and establish a mechanism to support tourism between the eastern and western cities in order to achieve the development of tourism in the western region. 参考文献 相似文献 引证文献

加快推进水生态文明城市建设，是推动民生水利新发展的重要任务，是促进人水和谐、加快生态文明建设的重要实践，对促进社会发展具有重要推动作用。文章分析了南昌市开展水生态文明城市建设存在的问题，探讨了建设的迫切性和可行性，提出了水生态文明城市建设的具体方案，对推进南昌市水生态文明城市建设具有一定参考价值。 Accelerating the construction of water ecological civilization city is an important task to promote the new development of the livelihood water conservancy and an important practice to promote the human- water harmony and speed up the construction of ecological civilization. Besides it has an important role in promoting the social development. The study analyzes the problems on the construction of water eco-logical civilization in Nanchang, discusses the feasibility and urgency of the construction, and puts forward the concrete scheme on the construction of water ecological civilization. The study can provide some reference for the construction of water ecological civilization in Nanchang.

Calls have been made to introduce trade mark dilution into New Zealand 's trade mark legislation. Currently trade mark protection is limited to the same or similar goods or services to those over which the trade mark is registered, and within this class only certain uses of that trade mark are protected. The positive associations the selling power of famous trade marks is such that their use on dissimilar goods or services can make those goods or services more attractive to consumers. Trade mark dilution recognises that such unauthorised use will weaken the famous trade mark's selling power and proscribes such use. Trade mark dilution, however, goes further and removes the distinction currently made between different uses of a trade mark. Infringement occurs if unauthorised use of the trade mark damages the positive associations the trade mark invokes. Unless exceptions are made to the latter aspect of trade mark dilution, the impact of trade mark dilution upon free speech will be significant.

Realizing the construction of ecological civilization in island-type cities is of great significance for promoting the coordination and progress of marine ecological environment and social economy, ecological system and social development, and continuously prospering marine culture. Based on this, we will investigate and study the current situation of the construction of ecological civilization in an island-type in China, grasp the ecological characteristics of island-type cities, clarify the relevant problems faced by the construction of island-type urban ecological civilization, and on this basis, propose construction paths from three aspects, i.e., theory, planning, and practice, to contribute to the overall planning of sea and land resources, focus on innovation and improvement of comprehensive marine management, and accelerate the pace of ecological civilization construction of island-type cities.

Rural revitalization strategy is the basis of promoting the comprehensive construction of a well-off society. It aims to achieve the harmonious coexistence between man and nature and realize the green development of rural areas by creating a new ecological and livable rural development model. Implementing the rural revitalization strategy is an important deployment to promote the construction of socialist ecological civilization, and ecological revitalization is the key to implementing the rural revitalization strategy. To effectively integrate the construction of ecological civilization into all aspects and the whole process of economic construction, we need to deal with the cooperative governance relationship among government, market, social organizations and the public. At present, the requirements of rural ecological civilization construction in China are well known, but the forces that hinder and destroy the construction of rural ecological civilization still exist. Based on the perspective of multiple cooperative governance, this paper discusses the value status and path selection of rural ecological revitalization in the implementation of Rural Revitalization Strategy, so as to realize the win-win strategy of multiple subjects, and construct the multi subject collaborative governance to promote the construction of ecological civilization in China.

<em>Civil procedure of trademark enforcement runs in Pakistan under Trade Marks Ordinance 2001, Code of Civil Procedure 1908 and Specific Relief Act 1877. Trademark is one of the components of Intellectual Property Law, it is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctiveness and non-descriptive, it losses its distinctiveness when owner of registered trademark does not take prompt action against its infringement. The registered trademark owner may file civil suit against infringement of his registered trademark before the concerned District Court of Law for claiming damages and obtaining injunctions. The Trademark Registry works under Intellectual Property Organization of Pakistan (IPO-Pakistan) for registration and protection of trademarks in Pakistan. Similarly, Intellectual Property Corporation of Malaysia (MyIPO) is empowered agency of trademark registration and its protection in Malaysia. The United States Patent and Trademark Office (USPTO) is responsible for registration and protection of trademarks in United States of America (USA). Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) is the only International Treaty which contains exhaustive provisions on trademark enforcement includes civil procedure, administrative procedure, criminal procedure, provisional and border measures. Important civil procedure of trademark enforcement issues need to be clarified in trademark law of Pakistan includes trademark infringement, trademark dilution and rectification of trademark register. This article is comparative analysis of civil procedure of trademark enforcement in Pakistan, Malaysia and USA.</em>

Looking at the history of the development of human civilization, each time the progress and leap of civilization are based on the advancement of science and technology culture and the tremendous increase in productivity. As a civilization which is more advanced than industrial civilization, the construction and development of ecological civilization are based on the advancement of science and technology culture, and depends on the important functional support of science and technology culture. The article made an in-depth study of the important epistemological functions, methodological functions, and productivity functions that science and technology culture played in the construction of ecological civilization. It aims to solve the serious ecological crisis that China is now facing, to realize sustainable development and build a Beautiful New China.

It is crucial to clarify the relationship between ecological industry development and ecological civilization construction, as well as their driving forces, to promote high-quality local development. The ecological environment of the karst region is fragile, and it faces a contradiction between ecological preservation and economic advancement. Coordinating the relationship between economic development and ecological protection is crucial for achieving sustainable development in rural karst regions. This study identified karst characteristics in Guizhou province, China, by constructing an index system for ecological industry development and civilization construction. It employed the entropy weight method to calculate a comprehensive score and utilized a coupling coordination model to analyze interactions and symbiotic coordination. Finally, a linear regression analysis model was employed to analyze the impact of ecological industrial development on the construction of ecological civilization. The results indicate the following: (1) The ecological industry and ecological civilization construction levels exhibited a relatively stable growth trajectory across three research areas from 2011 to 2021, with the ecological civilization construction index outperforming the ecological industry development index. (2) The correlation analysis indicated a relationship between the two indices in the research areas, and the divergence trend among the three research areas rose in a uniform direction, indicating a strong positive correlation between the two indices. From the perspective of the coupling degree (C), the degree of coupling between ecological industry and ecological civilization construction in the three research areas exceeded 0.9, indicating a high level of coordination. This suggests that ecological civilization construction and ecological industry in these research areas are effectively coordinated and exist in a state of harmonious co-promotion. There were differences from the coupling coordination degree (D) perspective, but they increased in the three research areas. (3) The regression analysis results indicate that the per capita agricultural output value, per capita forestry output value, per capita forage industry output value, industrial solid waste utilization rate, energy consumption per unit of GDP, tourism income, rocky desertification level, and proportion of the labor force population with a high school education or higher significantly contribute to the development of ecological civilization. The per capita forestry output value greatly advances ecological civilization, significantly enhancing ecological culture and security. The coefficients are 0.0354 and 0.0393, respectively, indicating that a 1% rise in the per capita forestry output value results in increases of 0.0354% and 0.0393% in the ecological culture and security indices.

نظّم القانون العماني والتشريعات العربيّة العلامة التجارية تنظيماً مفصّلاً بهدف حمايتها لمالكها من جانب، وحماية المستهلك من جانب آخر. وفي سياق تنظيم العلامة التجارية تمّ تنظيم أحد أنواع هذه العلامة والتي تعرف باسم العلامة التجارية المشهورة. وحيث أنّ هذه العلامة تمتد إلى خارج الدولة الحاضنة التي احتضنتها والتي تمّ تسجيلها فيها إلى دول أخرى، فإنّ خروجها إلى تلك الدول يستدعي وضع قواعد لحمايتها طالما أنّها انشهرت بين عامّة الناس في تلك الدول. ومن هذه القواعد ما يفرض الحماية المدنية على هذه العلامة فتلزم كل شخص اعتدى عليها بتعويض مالكها عن الضرر الذي أصابه، ومنها أيضاً ما يمنع حدوث الاعتداء من البداية وهو ما يعرف بالحماية الوقائية للعلامة التجارية. تأتي هذه الدراسة لتكشف الستار عن مجموعة القواعد التي نظّمها المشرّع العماني بشكل خاص، وبعض التشريعات العربية بشكل عام، لمنع الاعتداء على العلامة التجارية المشهورة. وخلصت الدراسة إلى أنّ التشريع العماني نظّم عدداً من القواعد التي تمنع الاعتداء على هذه العلامة، منها ما يمنع تسجيل أي علامة تشبه العلامة المشهورة، ومنها ما يأتي على شكل تدابير حدودية، ومنها ما يأتي على شكل إجراءات تحفظية. إلّا أنّ المشرّع العماني، وعلى الرغم من أنّه كان سبّاقاً في وضع تنظيم يساير الاتفاقيات الدولية، وعلى الرغم من منعه تسجيل أي علامة تشبه التجارية المشهورة، لكنه لم يمنع استعمالها كما فعلت بعض التشريعات العربية، كما أنّه لم يضع تدابير حدودية للعلامة التجارية غير المسجلة.

In recent years, most countries have witnessed changes in their intellectual property rights challenges. Intellectual rights of both individuals and companies are now entitled to stringent laws that encompass civil and criminal protection of trademarks passing through the desert of people and groups in societies, trademarks that are to be safeguarded against creativity and ideas. This has reached the point where international agreements and treaties have been drawn between nations, compelling them to observe the rights of other nations in the sphere of trademarks of any type. This paper, titled: "Standards of trademarks (famous and ordinary) under IP agreements (TRIPS, WIPO) and related rights, " will help to illuminate the picture of intellectual property rights and the degree to which the latter enjoys protection, in provisions of related rights, including trademarks. In his research, the researcher discovered that respect for trademarks has been greatly attended to in the enactment of laws and regulations within countries as well as in the international treaties and agreements between countries, bearing in mind the fact that the protection of such rights is a component of the personality of the individual and entities. Some of these agreements include the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) and the Paris Convention on the Protection of Industrial Property (WIPO). The same has been given to ordinary and famous trademarks, which have been given the largest proportion of this legal protection as a distinction of one product over another. Their infringement, as well as imitations or utilization by others, is detrimental to the producer, consumer, and the state as a whole. This damages the maker of the products when people are no longer able to market their products and merchants in their trade. This also adversely affects consumers. Well-known trademarks are afforded through civil protection within a country. and criminal prosecution of someone who tries to use it in other ways. By the end of the research, the researchers came to a list of conclusions and recommendations.

"To promote the construction of ecological civilization" is a scientific judgment and significant decision made at the CPC’s Eighteenth National Congress. The construction of ecological civilization is facing a huge challenge. This paper, from the perspective of the relationship between consumption of automobile and the construction of ecological civilization, analyzed the negative effects of automobile consumption on the construction of ecological civilization, elaborated on the social root of non-ecological consumption of automobiles, and advocate the construction of ecological civilization needs the automobile consumption to be back in ecological rationality to provide some inspiration or ideas for Chinese ecological civilization construction.

The protection of trademarks, when it raises a conflict with the protection of geographical indications is one of the most contested issues on the international trade and intellectual property arena. In European Communities - Protection of Trademarks and Geographical Indications for Agricultural Products and Foodstuffs a WTO panel was faced with this issue. The panel report gives some insight into what international trademark law mandates as well as some pointers on how conflicts between different IP rights should be solved. This article attempts a deeper analysis of the coexistence of rights in the framework of the TRIPS Agreement that will inevitably grow in importance, when trade-related aspects start permeating all intellectual property issues in WTO fora. The article adopts a new approach to analyzing international trademark law. The Western concept of trademarks as property is contrasted to another concept of property that is derived from the use of property. While the property discussion in itself is not new to trademark law, nor is a discussion on the significance of trademark use in trademark law, here, the discussions are combined and refined in an attempt to provide an analytical framework for deciding international trademark cases. It is argued that the property right in a trademark should be assessed through how it is used, and any finding of infringement hinges upon whether the use of the trademark by its proprietor is unlawfully affected by a third party's use of an identical or similar sign. Informed by property theory and international law, the analytical framework is applied to the issues raised in the panel report. This leads to the conclusion that the panel report is flawed in certain respects.

This piece regards nontraditional trademarks like sound, color, scent or even the vertical opening motion of a Lamborghini car door. The protection of trademarks has, historically, walked a fine balance. Naturally, as a society, we want to protect trademarks so that transaction costs are lowered as purchasers make a quick and easy purchasing decision. You see Tide, you know Tide, you buy Tide. However, the protection of nontraditional trademarks upsets this fine balance. If we go too far in the protection we grant unwarranted monopolies to companies to stifle the precise competition the law was meant to encourage. Sometimes, we do not have to protect a trademark claimant to recognize the savings in search costs. In fact, nontraditional trademarks are ornamental, at best, and, at worst, a horrible distraction from the larger job of substantive harmonization so that the transactions costs might be lessened for all companies around the world. This article traces the origins of this protection and concludes that nothing in our history predicts or requires this protection. One Supreme Court decision in 1995 open the floodgates for trademark application activity, but litigation rates did not, correspondingly, increase. I relied on a study I did of all 2,762 reported trademarks decisions from the inception of the Lanham Act (the US trademark law) through 2007. I coded every case. The numbers are reported in this article. Trademark registration activity is still very small and litigation activity is near nonexistent. However, the United States requires potential trading partners to protect nontraditional trademarks or we will not enter into bi-lateral trade agreements. We have encouraged the World Intellectual Property Organization to conduct a massive study on the protection of nontraditional marks. Based on this flawed study, some countries are now contemplating amending their trademark laws to explicitly recognize nontraditional trademarks. This is a cause without an objective. People generally believe that America routinely protects nontraditional trademarks. My data indicates that this is not the case. Then, countries are attempting to harmonize to the standard of protecting nontraditional trademarks thinking that is required in the United States when it is not. In the end, this provides an amazing distraction to the greater goal of harmonizing trademark laws. Civil Law countries believe they are harmonizing to an international standard of trademark law when that standard is a fiction created by the United States (without malice). Instead of working on far more important goals that have remained elusive for 120 years and without concern to harmonizing the underlying theory of trademark protection, countries are focusing efforts on protecting the motion of a Lamborghini door. My argument is that this is unfortunate. We should understand the distinctions between the two systems and work to close that gap in a meaningful way. No matter how many countries protect the motion of a Lamborghini door opening, without harmonizing the underlying theory and without addressing real issues, real harmonization will remain elusive.

Trademark as an Intellectual property rights is a sign to distinguish between a product of goods or services in trade activity. In Explanation part of Article 21 paragraph (1) letter b Trademark Laws 2016, famous Trademark should be considered or can be characterized by: a. basic knowledge of the community towards the Trademark; b. Trademark reputation was earned through a vigorous campaign and spacious; c. trademark registration in several countries and the company's investments in other countries. Trademark Laws does not distinguish between the well-known trademark and famous Trademark. So that both well-known and famous trademark are still referred to as well-known trademark. Legal violations of trademark can be carried out by legal effortKeywords: well-known Trademark, famous Trademark, and Legal Efforts