Well-known Marks Research Articles

Allele-specific non-CG DNA methylation marks domains of active chromatin in female mouse brain

DNA methylation at gene promoters in a CG context is associated with transcriptional repression, including at genes silenced on the inactive X chromosome in females. Non-CG methylation (mCH) is a distinct feature of the neuronal epigenome that is differentially distributed between males and females on the X chromosome. However, little is known about differences in mCH on the active (Xa) and inactive (Xi) X chromosomes because stochastic X-chromosome inactivation (XCI) confounds allele-specific epigenomic profiling. We used whole-genome bisulfite sequencing in a mouse model with nonrandom XCI to examine allele-specific DNA methylation in frontal cortex. Xi was largely devoid of mCH, whereas Xa contained abundant mCH similar to the male X chromosome and the autosomes. In contrast to the repressive association of DNA methylation at CG dinucleotides (mCG), mCH accumulates on Xi in domains with transcriptional activity, including the bodies of most genes that escape XCI and at the X-inactivation center, validating this epigenetic mark as a signature of transcriptional activity. Escape genes showing CH hypermethylation were the only genes with CG-hypomethylated promoters on Xi, a well-known mark of active transcription. Finally, we found extensive allele-specific mCH and mCG at autosomal imprinted regions, some with a negative correlation between methylation in the two contexts, further supporting their distinct functions. Our findings show that neuronal mCH functions independently of mCG and is a highly dynamic epigenomic correlate of allele-specific gene regulation.

The theological significance of the Isaiah citation in Mark 4:12

The well-known passage Mark 4:1–34 is no stranger to New Testament scientific scrutiny, not to even mention the hotly debated phrases in Mark 4:10–12. To avoid repetition, the aim with this article is to determine the extent of the impact the Isaiah 6:9–10 citation in Mark 4:12 might have had on the interpretation and understanding of Mark 4:1–34 and the Gospel as a whole. The theory is that the citation in Mark 4:12, especially within Mark 4:1–34, is foundational for understanding the Markan gospel as a ‘parable’. Moreover, the redactional inclusion of the concept of ‘the Twelve’ will prove to be a vital contribution in understanding the Markan gospel as a ‘parable’. Arguing this theory will include evaluating the parable theory in Mark 4:10–12, followed by determining the interpretative effect the explicit citation in Mark 4:12 had on Mark 4:10–12 and its larger literary context (Mk. 4:1–34). This will be followed by concluding remarks and suggestions.Keywords: Parable theory; Mark 4:12; Isaiah 6:9-10; The Twelve; Mark 4:1-34;

Legal Implication of the Effect of the TRIPS Agreement on the Trade Marks Law in Nigeria

The implication and the effects of the TRIPS Agreement in developing nations are constantly unfolding. Modern businesses use trade marks as an important public relations tool for marketing purposes. Considering the importance of the TRIPS Agreement in the trade mark regime, assessing the legal effect that the Agreement has on the law in Nigeria helps in determining the compliance of the Trade Mark Law to a large extent. The aim of this article is to identify the areas of compliance and to discuss the diversity and effectiveness of the TRIPS agreement. The article sheds light on the level of compliance of the Trade Marks Law and the expected impact. This could help in identifying the level of fulfilment of Nigeria’s international trade obligation. The study contributes to knowledge by providing insights in determining the extent to which the Trade Mark Law still need reformation. The areas covered by this article are limited to service marks, well-known marks, the requirement for use, and parallel importation.

A Case Study of Well-Known Trademarks in the Gulf Cooperation Council States: Challenges for Foreign Mark Holders

The article examines the gaps that exist in the Gulf Cooperation Council states' harmonisation of their Intellectual Property (IP) laws with those of the greater international community. It provides an analytical insight into the issues pertaining to the protection of well-known trademarks in the GCC countries from the prospective of general legislative frameworks, involving not only existing case laws, but also from a perspective of policy. Indeed, it is most interesting that whilst the GCC has taken steps to legislate for the protection of well-known marks, enforcement of such legislations remains problematic. The legislative frameworks, which this article focuses on, are the result of well-known trademark infringements brought to the courts of the GCC Member States. Although the focus will be on the Gulf States, European Union laws relating to well-known trademarks, in particular the harmonisation of these laws with those of TRIPS, will be discussed in order to provide a comprehensive model that may serve the Gulf Cooperation Council States in reaching harmonisation of their trademark laws.

Overdispersion in the Estimation of Salmon Escapements by Mark–Recapture Surveys and Its Related Factors

AbstractThe Petersen method, a well-known mark–recapture method, is frequently used in the estimation of escapement of Pacific salmon Oncorhynchus spp. Robust estimates and associated variances can be obtained when the underlying assumptions of this method are met. However, in field surveys, it is often difficult to meet these assumptions because wild animals are often not randomly distributed. When the sampling variance of the estimator exceeds its binomial variance (resulting in overdispersion), the Petersen model underestimates variance. We assessed the occurrence of overdispersion in the mark–recapture data collected to estimate the escapements of Masu Salmon Oncorhynchus masou in a river in northern Japan in 1998 and 1999. The dispersion parameters estimated from 2-year data were 2.89 and 2.51 for males and 1.45 and 1.52 for females, indicating that overdispersion occurred in all cases. The magnitude of overdispersion for males exceeded that for females, probably related to differences in the postspa...

Protection of Well-Known Trademarks in Malaysia: Compliant with Paris Convention, TRIPS and TPP?

The Trans-Pacific Partnership Agreement (“TPP”) was concluded in New Zealand on February 3, 2016 by twelve countries, namely, Australia, Brunei, Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States of America and Vietnam. The TPP chapter on intellectual property, among other things, required the parties to provide protection for well-known trademarks. In wake of this there's a need to examine if the current protection for well-known trademarks in Malaysia is consistent with that mandated by TPP. Part II of this paper discusses the rationale behind providing special protection to trademarks that are well-known. Part III sets forth the standard of protection mandated by Paris Convention for the Protection of Industrial Property (“Paris Convention”) and the Agreement on Trade Related Aspects of Intellectual Property Rights (“TRIPS”) and then examine if Malaysia’s law on well-known marks in Malaysia fully complies with this standard and suggest amendments required if any. Part IV describes the level of protection required by TPP, examines if the current protection that Malaysia provides is consistent with these requirements and suggests changes in the law to resolve inconsistencies if any. In the process of assessing Malaysia’s compliance with these international conventions with respect to the protection of well-known marks, the law of other countries like Singapore and U.K. have been looked into. Also, the recommendations have been made keeping in mind the consideration that other traders in Malaysia are not unduly disadvantaged.

Well-Known Trade Marks, Foreign Investment And Local Industry: A Comparison Of China And Indonesia

Strengthened protection for well-known trade marks in accordance with the TRIPS Agreement is an important issue for developing countries, which has led to trade pressures from industrialised nations in the past. ‘Trade mark squatting’, referring to the registration in bad faith of foreign well-known marks in order to sell them back to their original owners, is a much discussed phenomenon in this context. This article outlines the history and development of well-known trade marks and the applicable law in China and Indonesia. It looks not just at foreign and international brands subjected to ‘trade mark squatting’, but also at how local enterprises are using the system. Rather remarkably in view of the countries’ turbulent histories, local well-known marks have a long history and are well respected for their range of products. They are not normally affected by the ‘trade mark squatting’ phenomenon and are rarely the subject of disputes. Enhanced protection under the TRIPS Agreement is especially relevant for international brands and the article shows the approaches in the two countries. In China, government incentives assist the proliferation of nationally well-known and locally ‘famous’ marks. In Indonesia, lack of implementing legislation has left the matter of recognition to the discretion of the courts.

RNF20-SNF2H Pathway of Chromatin Relaxation in DNA Double-Strand Break Repair.

Rapid progress in the study on the association of histone modifications with chromatin remodeling factors has broadened our understanding of chromatin dynamics in DNA transactions. In DNA double-strand break (DSB) repair, the well-known mark of histones is the phosphorylation of the H2A variant, H2AX, which has been used as a surrogate marker of DSBs. The ubiquitylation of histone H2B by RNF20 E3 ligase was recently found to be a DNA damage-induced histone modification. This modification is required for DSB repair and regulated by a distinctive pathway from that of histone H2AX phosphorylation. Moreover, the connection between H2B ubiquitylation and the chromatin remodeling activity of SNF2H has been elucidated. In this review, we summarize the current knowledge of RNF20-mediated processes and the molecular link to H2AX-mediated processes during DSB repair.

Effective Dose of Radon 222 Bottled Water in Different Age Groups Humans: Bandar Abbas City, Iran.

Radon 222 is a natural radioactive element with a half-life of 3.8 days. It is odorless and colorless as well as water-soluble. Consuming waters which contain high concentration of 222Rn would increase the effective dose received by different age groups. It would also be followed by an increased prevalence of cancer. In this research, 72 samples of the most commonly used bottled water in Bandar Abbas were collected in 3 consecutive months, May, June and July of 2013. Concentration 222Rn of was measured by radon-meter model RTM166-2. The effective dose received by the 4 age groups, male and female adults as well as children and infants was estimated using the equation proposed by UNSCEAR. The results revealed that the mean and range concentration of 222Rn in bottled waters were 641±9 Bq/m3 and 0-901 Bq/m3, respectively. The mean concentration of 222Rn in the well-known Marks followed this Zam Zam>Bishe>Koohrng>Dassani>Christal>Polour>Damavand>Sivan. Infants were observed to receive a higher effective dose than children. The highest and lowest effective dose received was found to belong to male adults and children, respectively.

¿Puede una marca notoriamente conocida o famosa existente en un país extranjero tener validez en Estados Unidos?

Well-known trademarks are protected in almost all countries in the world, probably due to the existence of international treaties that have promoted their protection since the XIX Century. Actually article 6 bis of the Paris Convention requires members to offer certain protection to well-known marks. However, in the United States there seems to be divergence in the decisions of Circuits Courts that have answer this question, particularly, because is not clear whether Well-Known foreign trademarks is incorporated in the “Lanham Act”or not. This paper addresses the following question and in the process acknowledges the main legal doctrines of trademark law in the United States, concluding, that there is a conflict between international treaties, particularly with the enforcement of the article 6bis of the Paris Convention and the Lanham Act.

PELANGGARAN MEREK TERKENAL DAN PERLINDUNGAN HUKUM BAGI PEMEGANG HAK DALAM PERSPEKTIF PARIS CONVENTION, TRIPS AGREEMENT DAN UU MEREK INDONESIA

Legal protection for well-known mark owner is important to study because many well-known mark have been infringed domestically and internationaly causing damage to the well-known mark owner. This research discusses 2 (two) main issues namely the legal protection for well-known mark owner and legal action and sanctions imposed against to the infringer by the Paris Convention, TRIPs Agreement and Indonesia Trademark Law. This research applies normative research method. Meanwhile the approach method use statute approach method and comparative approach method which is compares The Paris Convention, TRIPs Agreement and Indonesia Trademark Law regarding the protection of well-known mark. Analysis technique use qualitative analysis. The study shows, from the perspective of the Paris Convention, TRIPs Agreement and Indonesia Trademark Law, well-known mark owner have legal protection in the form of exclusive rights through registration process to obtain legal certainty. When well-known mark infringement occured, the legal action can be done are litigation and non litigation process. The form of legal sanction are payment of compensation and criminal sanction, determined by each member state but still refer to the provisions of the Paris Convention and TRIPs Agreement. However, Indonesia set up more details about the sanctions that can be imposed for the infringemer in the form of penalties or criminal sanction ranging from 4 (four) to 5(five) years and a fine of Rp. 800.000.000 up to Rp. 1.000.000.000

Acquiescence as a Defence in Trademark Injunction Lawsuits

A person may lose his statutory right of injunction if there is inordinate delay or acquiescence in bringing an action of infringement. Acquiescence is sitting by, when another is invading the rights and spending money on it. It is a course of conduct inconsistent with the claim for exclusive rights in a trade mark, trade name etc. It implies positive acts; not merely silence or inaction such as is involved in laches. It has been held in many cases that where acquiescence is established or there is an inordinate delay in bringing an action for infringement of a trade-mark or passing off, the discretionary relief of injunction may be denied. However, there are instances where the Court has held that there may be an inordinate delay on the part of the plaintiff in bringing a suit for injunction, the application of the plaintiff for an interim injunction cannot be dismissed on the ground that the defendant has been using the mark for a number of years. This paper analyses the extent of defense available where the proprietor of the well-known mark has taken no action for a continuous period being aware about the infringement.

The Global Trade Mark

This Article offers a proposal for WTO countries to adopt global IP rights for a special class of trademarks: famous or well-known marks. Well-known marks are well-suited for greater departure from the territoriality principle, given the transnational protections for well-known marks that already exist under the Paris Convention and TRIPS Agreement. This Article proposes creating a Global Trademark (GTM) for well-known marks, to be governed by one, uniform international law. The GTM will span all countries in the WTO. The GTM is inspired, in part, by the Community Trade Mark (CTM) in the European Union, the first truly transnational IP form. While the CTM is regional in scope, the GTM will be international. This Article proceeds in five Parts. Part I discusses the theory behind the Global Trade Mark (GTM) and why it is worth adopting today. Part II discusses the outlines of the proposed Global Trade Mark Treaty, whose signal feature will be to establish a uniform body of international law to govern the GTM and an International Court of the GTM to resolve conflicts over its interpretation. Part III discusses the two Pathways by which a trademark can be registered as a GTM: (1) international registration of an existing famous mark that is famous in a certain threshold number of countries (here under a proposed Rule of 7 countries, the formula of which is discussed below), or (2) an “intent-to-develop” registration of a mark an owner intends to make famous under the Rule of 7 countries within a prescribed time of 10 years. Part IV discusses enforcement of GTMs in national courts and post-registration issues, including abandonment and genericide. Part V addresses objections.

The developing jurisprudence on the protection of well-known marks in Kenya: the Red Bull decision

The developing jurisprudence on the protection of well-known marks in Kenya: the Red Bull decision

Not Prior in Time, But Superior in Right – How Trademark Registrations Can be Affected by Third-Party Interests in a Sign

Trademark law relies on the principle of priority: The person first filing for registration (or, depending on the legal system, the person first using a sign) becomes the owner of the right within the territory where the filing (or use) took place. However, in certain exceptional cases priority is discarded vis-a-vis superior interests of third parties. International law explicitly recognizes two such constellations, namely protection of well-known marks (Article 6bis Paris Convention) and unauthorized registration by an agent or representative (6septies Paris Convention). Furthermore, it is widely acknowledged that the priority principle may not apply if a mark is filed in bad faith. The article presents all three constellations from an international and European legal background, including a discussion of the Commission proposals for reform of European trade mark law. It is argued that while the current law as well as the proposals go beyond what is necessary to comply with international obligations in regards of Article 6septies and application in bad faith, they do not live up to the required level when it comes to well-known marks. Nevertheless, in spite of certain deficiencies, it is also shown that European trademark law in its current state as well as in view of the envisaged reform proposals presents a fairly comprehensive panoply of options for protection of superior interests in a sign in spite of lacking registration.

The Forgotten Pan-American Trademark Convention of 1929: A Bold Vision of Extraterritorial Meets Current Realities

This paper argues that the 1929 General Inter-American Convention for Trade Mark and Commercial Protection ("Pan-American Convention") should be remembered, and will explain why it has instead been forgotten. This paper recounts the history of the Convention and shows how that history fits into the development of a practice in the U.S. of requiring implementing legislation in order for treaty provisions to become directly operative. I will rely on foreign caselaw to show how the Convention has not been forgotten in member states (Colombia, Cuba, Guatemala, Haiti, Honduras, Nicaragua, Panama, Paraguay and Peru) and therefore has played a very different role abroad. And finally, I will demonstrate how the Convention makes at least two important contributions to international trademark law. First, it provides a novel approach to the protection of well-known marks by limiting their availability in cases where the mark was known to have been previously used in the region. Second, the Convention goes well beyond the Paris to provide a detailed set of protections against unfair competition. Given these substantive provisions, the fact that the Convention is still in force in the U.S., and that is self-executing, it is a wonder that there are so few U.S. cases that invoke this Convention.

¿Cabe la cancelación de registro por falta de uso respecto de una marca notoria? MANICHO, una historia digna de ser contada.

El presente trabajo tiene como objetivo exponer y analizar uno de los casos más relevantes del Ecuador en el ámbito marcario, el cual surgió como consecuencia de los problemas de liquidez de la compañía La Universal S.A., y en el que la autoridad solventó un vacío existente, tanto a nivel comunitario como local, en la legislación sobre Propiedad Industrial respecto de la amplia protección jurídica que gozan las marcas notorias. Durante el trabajo se expone cómo la autoridad nacional competente en base a este caso, logró aclarar ciertas dudas que giraban en torno a la posibilidad de cancelar, por falta de uso, el registro de una marca notoria; y cómo la resolución del presente caso ayuda, de igual forma, a tener una mejor interpretación de las disposiciones contenidas en la legislación comunitaria respecto del tema.

Camera calibration: active versus passive targets

Traditionally, most camera calibrations rely on a planar target with well-known marks. However, the localization error of the marks in the image is a source of inaccuracy. We propose the use of high-resolution digital displays as active calibration targets to obtain more accurate calibration results for all types of cameras. The display shows a series of coded patterns to generate correspondences between world points and image points. This has several advantages. No special calibration hardware is necessary because suitable displays are practically ubiquitious. The method is fully automatic, and no identification of marks is necessary. For a coding scheme based on phase shifting, the localization accuracy is approximately independent of the camera's focus settings. Most importantly, higher accuracy can be achieved compared to passive targets, such as printed checkerboards. A rigorous evaluation is performed to substantiate this claim. Our active target method is compared to standard calibrations using a checkerboard target. We perform camera, calibrations with different combinations of displays, cameras, and lenses, as well as with simulated images and find markedly lower reprojection errors when using active targets. For example, in a stereo reconstruction task, the accuracy of a system calibrated with an active target is five times better.

Methods and Guidelines for the Determination of Well-known Mark Status in China

Methods and Guidelines for the Determination of Well-known Mark Status in China

Protection and Enforcement of Well-Known Mark Rights in China: History, Theory, and Future

This paper examines recent developments in the enforcement of trademark rights in Chinese courts with a focus on famous marks. The authors discuss recent case developments and analyze them in light of the goals of trademark law.