Collection Of Evidence Research Articles

Trademark Right Protection in Electronic Commerce: Challenges and Countermeasures

As a vital element of core intellectual property for businesses, trademarks play a crucial role in upholding brand image, safeguarding consumer rights, and fostering fair market competition. This paper aims to delve into the challenges encountered in trademark rights protection within e-commerce based on relevant content from trademark law. It further proposes corresponding legal strategies to address these challenges with the goal of promoting sustained and healthy growth within the e-commerce industry. This study uncovers complexities and covert nature associated with trademark infringement activities in e-commerce, as well as widespread cross-border trade infringements and high costs related to evidence collection and rights protection. Corresponding measures to address these issues are then proposed. The research findings underscore the significance of refining laws and regulations, bolstering international cooperation and judicial assistance efforts, intensifying enforcement measures and penalties, as well as establishing robust mechanisms for protecting rights. This paper holds substantial importance in advancing a healthy environment for e-commerce industry development, maintaining equitable competitive market conditions, safeguarding legitimate rights of trademark holders and consumers, and propelling forward intellectual property protection system construction within the realm of e-commerce.

Innovative strategies and forward thinking on China’s digital maritime law enforcement

In the digital era, the limitations of traditional maritime law enforcement models have become apparent. China actively promotes digital maritime law enforcement and has conducted thorough exploration across policy, technology, and legal domains. The primary legal foundation is the Coast Guard Law, bolstered by policy initiatives like the “21st Century Maritime Silk Road”, the “Maritime Community with a Shared Future” strategy, and the “Technology Empowers the Marine” plan. By coupling law and technology, China’s digital maritime law enforcement has innovatively established a three-dimensional enforcement model of “online + offline” at sea. It utilizes artificial intelligence to assist in maritime law enforcement decision-making, employs big data sharing for collaborative maritime law enforcement, and advances maritime compliance enforcement by digital technology. Through case analysis and effectiveness assessment, China’s digital maritime law enforcement has yielded significant results. Nonetheless, it also encounters various challenges, including data privacy infringement, cybersecurity attacks, the legitimacy of digital evidence collection, and data sharing barriers. Therefore, at the institutional level, standardizing digital maritime law enforcement procedures and establishing both horizontal and vertical coordination mechanisms are imperative. At the technical level, introducing privacy protection technologies and increasing investment in network security technologies are necessary. At the conceptual level, China should adhere to data ethics principles and strengthen awareness of open data sharing. The future of the oceans is digital, and China should advance the modernization of national maritime governance through digital maritime law enforcement.

Comparable Real-World Patient-Reported Outcomes Data Across Health Conditions, Settings, and Countries: The PROMIS International Collaboration

The patient voice is critical to achieving value-based care, improving health outcomes, and advancing medical research. However, a key challenge is how to translate this “voice” into scientifically valid data that can inform evidence-based clinical decisions. One of the biggest barriers is the sheer variety of available patient-reported outcomes (PROs) and patient-reported outcome measures (PROMs) and the associated challenges of translation, validation, implementation, and interpretation, making it difficult to obtain valid and comparable health outcomes. The authors present a harmonized global approach to international standardization of PROs and PROMs. This approach has the potential to accelerate patient-centered care by facilitating the collection of accurate and comparable real-world evidence on health outcomes that matter most to patients. This proposed approach consists of two elements: a data collection process based on a common set of PROs and a state-of-the-art measurement approach based on item response theory. First, there is growing evidence that outcomes such as pain, fatigue, anxiety, depression, sleep disturbance, physical function, and the ability to participate in social roles and activities are relevant for most people, irrespective of their health condition. Measuring these outcomes routinely in all patients could increase outcome comparability and utility for a range of stakeholders. Second, a measurement strategy based on a state-of-the-art psychometric approach — using item response theory (IRT)-based item banks — offers short, flexible, sustainable, and universally applicable PROMs with robust measurement properties and a common measurement scale. The unique integration of these two elements offers the potential to collect comparable PROM data across patients and providers to support shared decision-making, which may lead to better outcomes. The Patient-Reported Outcomes Measurement Information System (PROMIS) is a globally used example of such an approach. The PROMIS Profile measures serve as a resource for measuring a harmonized core set of PROs across medical conditions, languages, and countries. To meet the United Nations Sustainable Development Goal of ensuring healthy lives and promoting well-being for all, at all ages, a collaborative effort is needed to achieve consensus on international standardization of PROs and PROMs to accelerate patient-centered care across health conditions, settings, and countries. The authors propose to routinely measure a core set of broadly relevant PROs in all patients, regardless of their health condition, with universally applicable IRT-based PROMs.

Failure analysis of 12Cr1MoVG outlet header for the reheater of the boiler under high temperature and high-pressure environment

ABSTRACT After operating for 11,640 h, a boiler failed due to multiple cracks generated in the inner wall of the outlet header for the reheater. A thorough analysis was conducted in this work, including evidence and specimen collection, chemical composition analysis, tensile and impact test analysis, metallographic analysis, energy dispersive spectroscopy (EDS) analysis, and electron backscattering diffraction (EBSD) characterisation, to reveal the causes of cracks in the outlet header of the reheater. The tensile strength-Rm and the average micro-Vickers hardness of the outlet header is 496 MPa and 168 HV, respectively. Besides, the microstructure was found to meet the requirements of the relevant standards. The grains near the crack exhibited different degrees of deformation, and the deformation degree increased with the decreasing distance from the crack. In addition, the grains with the Schmid factor value greater than 0.3 accounted for 99.8% near the crack, indicating that the grains surrounding the crack were predominantly soft orientation grains. Thus, many deformation bands mainly composed of low-angle boundaries were induced inside the grains near the crack. Eventually, it was concluded that alkali stress corrosion and thermal fatigue resulted in the failure of the outlet header.

Study on The Adoption of Historical Record and Chain of Custody By Brazilian Judicial Experts From the Collection to the Disposal of Evidence: A Survey Questionnaire

Objective: The aim of this study is to analyze the practices and protocols of the chain of custody adopted by forensic experts in Brazil, with the intent of evaluating the effectiveness and compliance of these procedures in the evidence production process. Theoretical Framework: This research is based on theories of forensic computing and the importance of evidence preservation. It highlights concepts of quality control and standardized practices in the chain of custody, providing a foundation for understanding best practices and relevant protocols. Method: The methodology employed involves administering a specific questionnaire to a group of forensic experts across Brazil. Data was collected to gather information on chain of custody procedures, including collection, acquisition, examination, analysis, transfer, and disposal of evidence. The study aims to measure the adoption and application of standardized practices by these professionals. Results and Discussion: Results revealed significant variations in the adoption of chain of custody practices among forensic experts. The discussion contextualizes these variations in relation to established theories and practices, identifying gaps and weaknesses in protocols and suggesting areas for improvement. Implications of the Research: The implications of this research include potential improvements in evidence preservation practices and the need for greater adherence to standardized protocols, impacting the reliability and credibility of evidence in judicial processes. Originality/Value: This study contributes to the literature by identifying deficiencies in current practices and suggesting directions for enhancement. The relevance is underscored by the need to improve evidence quality and ensure the integrity of judicial processes.

Pertanggungjawaban Pidana bagi Pelaku Pencemaran Lingkungan Perspektif Fikih Jinayah

This study aims to identify and analyze the strengths and weaknesses of the criminal liability system in environmental law and evaluate how Islamic jurisprudence can offer alternative or additional solutions to address environmental pollution problems. This study uses an empirical legal research method with qualitative procedures. The results of the study indicate that the act is considered to violate Islamic jurisprudence and environmental regulations in Indonesia, as shown in the findings. However, law enforcement still has obstacles related to evidence collection and time constraints that must be overcome in order to effectively pursue individuals or groups responsible for environmental damage. Therefore, to ensure environmental sustainability, it is important for the government to actively participate, for law enforcement to achieve effectiveness, and for business entities and the community to be aware of their obligations and be responsible for their behavior.

IoT Forensics: Current Perspectives and Future Directions.

The Internet of Things forensics is a specialised field within digital forensics that focuses on the identification of security incidents, as well as the collection and analysis of evidence with the aim of preventing future attacks on IoT networks. IoT forensics differs from other digital forensic fields due to the unique characteristics of IoT devices, such as limited processing power and connectivity. Although numerous studies are available on IoT forensics, the field is rapidly evolving, and comprehensive surveys are needed to keep up with new developments, emerging threats, and evolving best practices. In this respect, this paper aims to review the state of the art in IoT forensics and discuss the challenges in current investigation techniques. A qualitative analysis of related reviews in the field of IoT forensics has been conducted, identifying key issues and assessing primary obstacles. Despite the variety of topics and approaches, common issues emerge. The majority of these issues are related to the collection and pre-processing of evidence because of the counter-analysis techniques and challenges associated with gathering data from devices and the cloud. Our analysis extends beyond technological problems; it further identifies the procedural problems with preparedness, reporting, and presentation as well as ethical issues. In particular, it provides insights into emerging threats and challenges in IoT forensics, increases awareness and understanding of the importance of IoT forensics in preventing cybercrimes, and ensures the security and privacy of IoT devices and networks. Our findings make a substantial contribution to the field of IoT forensics, as they not only involve a critical analysis of the challenges presented in existing works but also identify numerous problems. These insights will greatly assist researchers in identifying appropriate directions for their future research.

British defense policy against ISIL in Iraq and Syria under David Cameron 2014-2016

The purposes of this research to investigate how the UK's decision to engage militarily against ISIL, under Operation Shader, aligns with the principles of neoclassical realism. This research employs a qualitative methodology. The qualitative descriptive approach employed is one of data analysis. This approach is not limited to the presentation of numerical or statistical data. Instead, it focuses on the interpretation and description of the phenomenon under investigation, employing a narrative format. This approach prioritizes the collection of empirical evidence derived from observational studies, interviews, and the analysis of various documents. The results are how UK and US continues to defend itself against ISIL's presence and movements and seeks new strategies to drive them out of the international system.

How to Investigate a Crime Scene: The Citizens' Guide to Evidence Collection

How to Investigate a Crime Scene: The Citizens' Guide to Evidence Collection

Prioritization of Vaccines for Introduction in the National Immunization Program in the Republic of Korea.

This study presents a framework for determining the prioritization of vaccine introduction in the National Immunization Program (NIP) of the Republic of Korea, with a focus on case examples assessed in 2021 and 2023. We describe the predefined criteria for evaluating the prioritization of vaccines in the NIP and the established process in the Republic of Korea. These criteria included disease characteristics, vaccine characteristics, rationality and efficiency of resource allocation, and the acceptance of immunization. The process of prioritizing NIP introduction involved several sequential steps: a demand survey, evidence collection, preliminary evaluation, priority evaluation, and decision making. In 2021 and 2023, 14 and 25 committee members participated in evaluating the prioritization of vaccines in the NIP, respectively. Overall, 13 and 19 NIP vaccine candidates were included in the 2021 and 2023 evaluations, respectively. Through the Delphi survey and consensus processes, the priority order was determined: vaccination against Rotavirus infection was the top priority in 2021, while Influenza 4v (for chronic disease patients) took precedence in 2023. This study demonstrates an evidence-based decision-making process within the healthcare field. The outlined approach may provide valuable guidance for policymakers in other countries seeking to prioritize the inclusion of new vaccines in their NIP.

Elements of evidence in civil jurisdiction and notary proceedings

This article covers research in the comparative aspect of the process of procuring evidence in civil proceedings and notarial proceedings, specific features of the elements of evidence in the notarial process, the peculiarities of the rules for determining the factual material to be established when a specific notarial act is performed, and the submission of evidence to support them. The essence of the proceduralists’ scientific discussion regarding the definition of the concept of evidence, its elements and subjects, as well as the obligations of evidence are covered. On the basis of the analysis of the positions of the authors expressed in the science of civil procedural law, which substantiate the opposite approaches to the mentioned issues, it is determined that the basis of this scientific discussion is the disagreement of views on the court as a subject of evidence. It is recognized that filling the terms “evidence” and “proving” with different meanings is not convincing, is not based on current procedural legislation and does not meet the interests of law enforcement practice. The article proves that the exclusion of the court from the subjects of evidence (even in relation to such an element as the collection of said evidence) contradicts the rules of evidence provision established in the current civil procedural legislation. It is concluded that such elements of evidence as indication of facts, determination of evidence, collection of evidence, research of evidence, evaluation of evidence are characteristic of civil proceedings. At the same time, it is advisable to determine the composition of subjects not for the entire procuring evidence process as a whole, but separately for each of the specified elements. For example, the court is not the subject of presenting evidence, but is the subject of research and evaluation of evidence. Evidence in a notarial process is considered as a procedural activity of notarial bodies and interested subjects of notarial proceedings, aimed at establishing legal facts necessary for the issuance of a legal and substantiated notarial act. The article substantiates that the establishment of the presence or absence of certain legal facts, with which the possibility of applying the relevant norm is connected, is carried out only within the scope of the procuring evidence process, according to special rules that provide for the rights and obligations of the subjects of notarial proceedings regarding submission, research and evaluation evidence, and have significant differences from similar rules in civil proceedings due to the undisputed nature of notarial activity.

USING FORENSIC SCIENCE IN THE ANALYSIS OF HOMICIDAL CRIMES

Forensic science plays a crucial role in the examination of crime scenes and the collection of evidence, including items such as garments, cigarette remnants, and biological samples, to scientifically establish a suspect’s culpability. DNA testing in cases of assault and homicide is instrumental in verifying the identity of the victim. This evidence significantly aids in expediting both the investigative process and judicial proceedings. However, forensic science is not without its limitations and inherent constraints. Therefore, initial investigators, including the Crime Laboratory Ultimate Evidence System team and forensic specialists, must be aware of these limitations when collecting and analyzing samples to avoid inaccurate findings. Erroneous outcomes can result from inadequate sample sizes, improper collection techniques, or delayed analyses. The enforcement of standardized procedural protocols is essential; without them, the legal admissibility of forensic evidence to conclusively establish guilt is compromised. Consequently, the judiciary may acquit the defendant, extending the benefit of the doubt. This article examines the role and limitations of forensic science within the Indian Criminal Justice System and emphasizes the necessity of adhering to established procedures to obtain reliable results.

Prescribing Appropriate Medicines to Older Adults: A Finnish Experience with the Web-Based Meds75+ Database.

The Finnish web-based Meds75+ database supports rational, safe and appropriate prescribing to older adults in primary care. This article describes the content and updating process of Meds75+ and demonstrates its applicability in everyday clinical practice. Meds75+ contains a classification (A-D) and recommendation texts for 450-500 drug substances when used in the treatment of older adults aged 75 years or older. The content of Meds75+ is continually updated. Each assessment of a drug substance begins with a structured collection of available information and research evidence. After that, an interdisciplinary expert panel discusses the classification and recommendation using a consensus method. A rolling 3-year updating cycle guarantees that all drug substances are reviewed regularly. Most drug substances are classified as class A (41%) (suitable, e.g. bisoprolol) or as class C (37%) (suitable with specific precautions, e.g. ibuprofen). One-fifth (20%) of the substances are in class D (avoid use, e.g. diazepam). Most commonly, older adults have purchased substances affecting the alimentary tract and metabolism (17%), the nervous system (16%) and the cardiovascular system (15%). In Finland, the proportion of older adults using class D substances (37%) has not changed between the years 2019 and 2022. Meds75+ has potential to support safer and more effective use of medications for older adults, since it offers up-to-date information on drug substances for healthcare professionals.

The Role of Genetics, Neurobiology, and Psychosocial Factors in the Development and Treatment of Eating Disorders: A Systematic Review

Eating disorders are severe complications affecting peoples’ eating patterns, with erratic practices like purging behaviors, binge eating, and avoidance of food. These disorders result from different causes, including neurotransmitter imbalance, psychological factors like body-shaming, and genetic inheritance. The present review focuses on genetic, neurobiology and psychological factors to provide an understanding of the development of eating disorders and subsequent treatment. The present review was performed according to the Preferred Reporting Items for Systematic Reviews and Meta-Analysis (PRISMA) checklist that guided the evidence collection in the review to ascertain high quality. The Participant, Interventions, Comparison, Outcomes, and Studies (PICOS) protocol guided the establishment of potential studies' inclusion criteria. The Grading of Recommendations, Assessments, Development, and Evaluation (GRADE) approach was used to assess the certainty of evidence from the individual studies. Two independent reviewers were tasked with study selection, data collection, and study risk of bias assessed. The reviewers used the Cochrane risk of bias tool to assess the risk of bias in the included studies. Fifteen studies met the eligibility tests and were included in the review. A review of the evidence obtained from the included studies revealed that neurobiology, genetics and psychological factors influence the development of eating disorders like binge eating disorders, anorexia nervosa, and bulimia nervosa. In genetics, familial integration and heredity revealed the passing of the genes responsible for the development of anorexia nervosa in subsequent generations. Psychological factors and neurobiology affect self-esteem or body shaming and affect the balance of neurotransmitters in the brain, respectively. The treatment interventions aim to restore neurotransmitter levels and confidence after losing confidence and self-body hate due to bad shape. Genetics, neurobiological factors and psychological status are responsible for the development of eating disorders. Bulimia nervosa, binge eating disorder and purging behaviors result from unregulated 5-HT depletion, can be inherited or can result from body shaming. The evidence shows that eating disorders can be treated based on the aetiologies and pathophysiology. Keywords: Eating disorders, treatment, neurobiological factors, genetics, binge eating disorder, bulimia nervosa.

Problematic Issues of Using Electronic Evidence in Criminal Proceedings (SDG's)

Objective: The object of this scientific publication is the use of electronic evidence in criminal proceedings, focusing on the main problematic issues, legislative gaps, and the need for improvements in law enforcement practices. Method: The method of study involves a detailed analysis of the current criminal procedure legislation, identification of the general and special features of electronic evidence, and examination of practical issues related to the collection, assessment, and admissibility of electronic evidence in criminal proceedings. The authors use legal analysis and case studies to propose amendments to the legislation and suggest practical improvements. Results: In this scientific publication, the authors highlight the main problematic issues of using electronic evidence in criminal proceedings, propose amendments to the current criminal procedure legislation, and also make proposals for improving law enforcement practice. It is argued that electronic evidence is an independent procedural source of evidence which has both general and special features and nowadays plays an important role in establishing the truth in criminal proceedings. It is concluded that the use of electronic evidence in criminal proceedings currently has no regulatory basis, which causes numerous difficulties and gaps which, among other things, lead to abuse of procedural powers. Contribution: It is established that in the process of collecting electronic evidence, there are many abuses of procedural powers, which are expressed in the excessive seizure of their carriers, as well as unlawful interference with privacy. The article also reveals the difficulties in assessing electronic evidence as relevant, admissible and reliable evidence. In particular, the use of different copies of electronic documents, compliance by judges with the principle of direct examination of evidence, and the admissibility of electronic evidence obtained from open sources are controversial. Based on the results of the study, the authors propose to amend the Code of Criminal Procedure of Ukraine by supplementing Chapter 4 ‘Evidence and Proof’ with paragraph 5 ‘Electronic Evidence’, which should define their concept, procedural procedure for their seizure, storage, return, and peculiarities of evaluation. The authors also emphasises the expediency of upgrading the qualifications of authorised persons by conducting thematic training on the proper use of electronic evidence and preventing abuse of procedural powers in this process.

Audit of Genito-Anal Injuries in male and female sexual abuse cases - A retrospective study.

Background: Sexual assault is a global issue wherein timely examination of sexual assault victims by medico-legal officers and an understanding of the characteristics and factors influencing their injuries have a crucial impact on medico-legal evidence collection and its use in the court. Genital injury findings improve the level of justice for victims, but the lack of injury does not negate the possibility of sexual violence incurred on the victim. The following study describes in great detail the different factors associated with injury characteristics and the medico-legal importance of all these factors. Methodology: It was a retrospective descriptive study conducted at the Forensic Medicine Department of King Edward Medical University, Lahore, Pakistan. All the cases included that fulfill the predefined inclusion criteria were included. A record chart was designed, and six years’ data was recorded in it from the medical records of the medico-legal clinic. It was entered and edited manually. Methods used to prevent data entry errors included double entry and validation following data entry Difference of proportions between variables, where appropriate, has been calculated by Pearson Chi-Square test and Fischer Exact test at 95% confidence interval. Data were analyzed using SPSS v23. All procedures performed in this study involving human participants were following the ethical standards of the institutional and/or national research committee and the Helsinki declaration. Results: Genito anal injury was present in 28.2% cases and was absent in 71.8% cases. Most of the victims were aged 11 to 15 years. The most common injury in the victims was a tear. In females, the most common injury site was the vagina, while the perianal area was the most injured site in males. There was a significant relation (p<0.05) between type and site of injury, gender, site of injury, and prior sexual intercourse experience and prevalence rate of injury. Conclusion: This study concludes that the presence of injuries in the Genito anal area is suggestive of sexual assault and provides useful court evidence.

Task reliability index for operator performance and failure probability assessment in control room simulators

Main control room simulators are an important information source for improving the empirical basis of human reliability analysis (HRA). Both quantitative and qualitative observations provide valuable insight on the operators’ ability to successfully perform their tasks. However, relevant portions of this evidence are not used in typical approaches for estimation of human error probabilities (HEP), which are based on failure counts. With small sample sizes and the operator performance levels representative for nuclear power plants, very little information enters the probability estimates. This paper presents a novel approach to formalize the collection and use of reliability-relevant evidence from simulators. The methodology treats task reliability with the plant-centred orientation characteristic of the systems or Probabilistic Safety Assessment (PSA) perspective as well as a human-centred view of task performance based in human factors engineering. These are combined to form a Task reliability index (TRI) able to distinguish finer performance variations and consider indications of potential failures. Bayesian updating of HEP distributions is suggested by translating the TRI data into pseudo-failures and trials, preserving the convenient coupling of Beta-Binomial distributions in the Bayesian analysis. The approach is demonstrated using data from the International HRA Empirical Study and is shown to produce results that are comparable to those obtained in the empirical study, which were based on comprehensive expert analyses.

Validation of a forensic evidence collection and preservation protocol in emergency settings: Delphi technique

Validation of a forensic evidence collection and preservation protocol in emergency settings: Delphi technique

AYURVEDIC MANAGEMENT OF NON-SPECIFIC MESENTERIC LYMPHADENITIS – CASE STUDY

Mesenteric lymphadenitis is one of the common causes of abdominal pain in children. Features of mesenteric lymphadenitis include abdominal pain, often centred on the lower right side and fever with mesenteric lymph node enlargement. It arises due to several factors responsible for inflammatory response within mesenteric lymph nodes, including viral or bacterial infections, inflammatory bowel disease, lymphoma, etc.; sometimes the cause is unidentified. The features of Mesenteric lymphadenitis in Ayurveda may be correlated with Granthi (~Cyst), Gulma (~lump), Grahani (~disorder of lower G.I.T), Tuni (~ bladder pain radiating to anus and pe-nis) and Anaha (~tympanites) but resemble more with Vatika and Paittika Gulma (lump due to Vata and Pitta). A known case of non-specific mesenteric lymphadenitis, age 14 years male child, weighing 39.0 kg, presented with pain abdomen with feverish body, few scent-metric sized lymph nodes in right iliac fosse, few peri-portal and peri-pancreatic lymph nodes measuring 17/9 mm and 20/8 mm on HRSG, Interventions given were Chaushathpraharipippali, Ras sindur, Panchammrita Parpati, Sutshekhar ras, Ashwagandha Ghanvati, Jeerkadyarista, and Patoladikasaya showed curative effect due to their Vata-Pitta Pacifying, Vatanulomak, Shrotoshodhaka, Balya and Brimhana effect. No adverse effect was seen. Further studies may be taken up for diseases involving mesenteric lymphadenopathy for the collection of evidence.

The devil is in the detail: an evaluation of domestic violence evidence-in-chief in policing practice

ABSTRACT Domestic and family violence (DFV) is a major contributor to the daily core work of law enforcement officers, and recent decades have not only seen enormous changes in the way they respond to DFV but increasing public and government scrutiny of that response. One contemporary policing practice, aimed at improving evidence collection and complainants’ experience of the criminal justice system is the use of DFV complainants’ video-recorded statements with police as evidence-in-chief. Labelled Domestic Violence Evidence-in-Chief (DVEC) in Australia, or Victim Video Statement (VVS) in New Zealand, this form of evidence collection has been shown to have a positive effect on findings of guilt, however, there is limited research into its utility in policing practice generally. Using data from 25 interviews with DFV complainants, 46 interviews with law enforcement and close analysis of 28 DVEC, this study critically reflects on the potential benefits and pitfalls of DVEC and identifies future directions of this technology.