The abuse of intellectual property rights and regulations in China: a law and economic analysis

From the institutional point of view, the legal system of IPR (intellectual property right, hereafter, IPR) is one of incentive institutions of innovation and it plays very important role in the development of economy. According to the law, the owner of the IPR enjoy a kind of exclusive right to use his IP(intellectual property, hereafter, IP), in other words, he enjoys a kind of legal monopoly position in the market. How to well protect the IPR and at the same time to regulate the abuse of IPR is very interested topic in this knowledge-orientated market and it is the basic research question in this dissertation. In this paper, by way of comparing study and by way of law and economic analyses, and based on the Austrian Economics School’s theories, the writer claims that there is no any contradiction between the IPR and competition law. However, in this new economy (high-technology industries), there is really probability of the owner of IPR to abuse his dominant position. And with the characteristics of the new economy, such as, the high rates of innovation, “instant scalability”, network externality and lock-in effects, the IPR “will vest the dominant undertakings with the power not just to monopolize the market but to shift such power from one market to another, to create strong barriers to enter and, in so doing, granting the perpetuation of such dominance for quite a long time.”1 Therefore, in order to keep the order of market, to vitalize the competition and innovation, and to benefit the customer, in EU and US, it is common ways to apply the competition law to regulate the IPR abuse. In Austrian Economic School perspective, especially the Schumpeterian theories, the innovation/competition/monopoly and entrepreneurship are inter-correlated, therefore, we should apply the dynamic antitrust model based on the AES theories to analysis the relationship between the IPR and competition law. China is still a developing country with relative not so high ability of innovation. Therefore, at present, to protect the IPR and to make good use of the incentive mechanism of IPR legal system is the first important task for Chinese government to do. However, according to the investigation reports,2 based on their IPR advantage and capital advantage, some multinational companies really obtained the dominant or monopoly market position in some aspects of some industries, and there are some IPR abuses conducted by such multinational companies. And then, the Chinese government should be paying close attention to regulate any IPR abuse. However, how to effectively regulate the IPR abuse by way of competition law in Chinese situation, from the law and economic theories’ perspective, from the legislation perspective, and from the judicial practice perspective, there is a long way for China to go!

Proteins control in biomineralization processes of the freshwater pearl mussel Hyriopsis cumingii

Pearls are an amazing example of calcium carbonate biomineralization. They show a classic brick and mortar internal structure in which the predominant inorganic part is composed by aragonite and vaterite tablets. The organic matrix is disposed in concentric layers tightly associated to the mineral structures. Freshwater cultivate pearls (FWCPs) and shells nacreous layers of the Chinese mussel Hyriopsis cumingii were demineralized using an ion exchange resin in order to isolate the organic matrix. From both starting materials a soluble fraction was obtained and further analyzed. The major component of the soluble extracts was represented by a similar glycoprotein having a molecular weight of about 48 kDa in pearls and 44 kDa in shells. Immunolocalization showed their wide distribution in the organic sheet surrounding calcium carbonate tablets of the nacre and in the interlamellar and intertabular matrix. These acidic glycoprotein also contained inside the aragonite platelets, are direct regulators during biomineralization processes, participating to calcium carbonate precipitation since the nucleation step. Selective calcium carbonate polymorph precipitation was performed using the two extracts. The polysaccharides moiety was demonstrate to be a crucial factor in polymorphs selection. In particular, the higher content in sugar groups found in pearls extract was responsible of stabilization of the high energetic vaterite during the in vitro precipitation assay; while irregular calcite was obtained using shells protein. Furthermore these polypeptides showed a carbonic anhydrase activity that, even if not directly involved in polymorphs determination, is an essential regulator in CaCO3 formation by means of carbonate anions production. The structural and functional characterization of the proteins included in biocomposites, gives important hints for understanding the complicated process of biomineralization. A better knowledge of this natural mechanism can offer new strategies for producing environmental friendly materials with controlled structures and enhanced chemical-physical features.

Ground-based and airborne in-situ measurements of the Eyjafjallajökull volcanic aerosol plume in Switzerland in spring 2010

The volcanic aerosol plume resulting from the Eyjafjallajökull eruption in Iceland in April and May 2010 was detected in clear layers above Switzerland during two periods (17–19 April 2010 and 16–19 May 2010). In-situ measurements of the airborne volcanic plume were performed both within ground-based monitoring networks and with a research aircraft up to an altitude of 6000 m a.s.l. The wide range of aerosol and gas phase parameters studied at the high altitude research station Jungfraujoch (3580 m a.s.l.) allowed for an in-depth characterization of the detected volcanic aerosol. Both the data from the Jungfraujoch and the aircraft vertical profiles showed a consistent volcanic ash mode in the aerosol volume size distribution with a mean optical diameter around 3 ± 0.3 μm. These particles were found to have an average chemical composition very similar to the trachyandesite-like composition of rock samples collected near the volcano. Furthermore, chemical processing of volcanic sulfur dioxide into sulfate clearly contributed to the accumulation mode of the aerosol at the Jungfraujoch. The combination of these in-situ data and plume dispersion modeling results showed that a significant portion of the first volcanic aerosol plume reaching Switzerland on 17 April 2010 did not reach the Jungfraujoch directly, but was first dispersed and diluted in the planetary boundary layer. The maximum PM10 mass concentrations at the Jungfraujoch reached 30 μgm−3 and 70 μgm−3 (for 10-min mean values) duri ng the April and May episode, respectively. Even low-altitude monitoring stations registered up to 45 μgm−3 of volcanic ash related PM10 (Basel, Northwestern Switzerland, 18/19 April 2010). The flights with the research aircraft on 17 April 2010 showed one order of magnitude higher number concentrations over the northern Swiss plateau compared to the Jungfraujoch, and a mass concentration of 320 (200–520) μgm−3 on 18 May 2010 over the northwestern Swiss plateau. The presented data significantly contributed to the time-critical assessment of the local ash layer properties during the initial eruption phase. Furthermore, dispersion models benefited from the detailed information on the volcanic aerosol size distribution and its chemical composition.

Huntington's like conditions in China, A review of published Chinese cases

Background: Knowledge about HD in China is lacking in the international literature. We have therefore analyzed the Chinese literature to thoroughly explore the clinical characteristics of Huntington disease in China. Methods: A computer-based online search of China National Knowledge Infrastructure was performed to review case reports concerning HD published between January 1980 and April of 2011, and the clinical characteristics were extracted. Results: A total of 92 studies involving 279 patients (157 males and 122 females) were collected, 82.0% of which were from provinces of North China. Most of the cases (97.8%) had a family history of HD, and paternal inheritance (65.5%) was higher than maternal inheritance (34.5%). Onset age was 35.8 (± 11.8) years, death occurred with 45.6 (± 13.5) years after a course of 11.6 (± 5.6) years. Involuntary movements were the most frequent reported presentation (found in 52.3%, including 64.4% in the entire body, 19.8% in the upper limbs, and 13.7% in the head and face). Psychiatric symptoms at onset were reported in 16.1%, and cognitive impairment in 1.8%. With disease progression, 99.6% of patients had abnormal movements, 67.9% cognitive impairment, and 35.0% suffered psychiatric symptoms. Of the reported patients, only 22 underwent IT15 gene testing with positive results. Conclusion: HD is a well-reported entity in Chinese medical literature, however, only a small number of instances have been proven by molecular diagnosis. Most of the features resemble what is known in other countries. The highly predominant motor presentation, and the higher male prevalence as well as the apparent concentration in Northern China may be due to observational bias. There is therefore a need to prospectively examine cohorts of patients with appropriate comprehensive assessment tools including genetic testing.

Change in dust variability in the Atlantic sector of Antarctica at the end of the last deglaciation

We present a Rare Earth Elements (REE) record determined on the EPICA ice core drilled at Dronning Maud Land (EDML) in the Atlantic sector of the East Antarctic Plateau. The record covers the transition from the last glacial stage (LGS) to the early Holocene (26 600–7500 yr BP) at decadal to centennial resolution. Additionally, samples from potential source areas (PSAs) for Antarctic dust were analyzed for their REE characteristics. The dust provenance is discussed by comparing the REE fingerprints in the ice core and the PSA samples. We find a shift in variability in REE composition at ~15 000 yr BP in the ice core samples. Before 15 000 yr BP, the dust composition is very uniform and its provenance was most certainly dominated by a South American source. After 15 000 yr BP, multiple sources such as Australia and New Zealand become relatively more important, although South America remains the major dust source. A similar change in the dust characteristics was observed in the EPICA Dome C ice core at around ~15 000 yr BP, accompanied by a shift in the REE composition, thus suggesting a change of atmospheric circulation in the Southern Hemisphere.

New constraints on the gas age-ice age difference along the EPICA ice cores, 0-50 kyr

Gas is trapped in polar ice sheets at ~50–120 m below the surface and is therefore younger than the surrounding ice. Firn densification models are used to evaluate this ice age-gas age difference (Δage) in the past. However, such models need to be validated by data, in particular for periods colder than present day on the East Antarctic plateau. Here we bring new constraints to test a firn densification model applied to the EPICA Dome C (EDC) site for the last 50 kyr, by linking the EDC ice core to the EPICA Dronning Maud Land (EDML) ice core, both in the ice phase (using volcanic horizons) and in the gas phase (using rapid methane variations). We also use the structured 10Be peak, occurring 41 kyr before present (BP) and due to the low geomagnetic field associated with the Laschamp event, to experimentally estimate the Δage during this event. Our results seem to reveal an overestimate of the Δage by the firn densification model during the last glacial period at EDC. Tests with different accumulation rates and temperature scenarios do not entirely resolve this discrepancy. Although the exact reasons for the Δage overestimate at the two EPICA sites remain unknown at this stage, we conclude that current densification model simulations have deficits under glacial climatic conditions. Whatever the cause of the Δage overestimate, our finding suggests that the phase relationship between CO2 and EDC temperature previously inferred for the start of the last deglaciation (lag of CO2 by 800±600 yr) seems to be overestimated.

Mid-Holocene Climate and Culture Change in the South Central Ande

This chapter reviews the history of study and the current status of Mid-Holocene climatic and cultural change in the South Central Andes, which host a wide range of different habitats from Pacific coastal areas up to extremely harsh cold and dry environments of the high mountain plateau, the altiplano or the puna. Paleoenvironmental information reveals high amplitude and rapid changes in effective moisture during the Holocene period and, consequently, dramatically changing environmental conditions. Therefore, this area is suitable to study the response of hunting and gathering societies to environmental changes, because the smallest variations in the climatic conditions have large impacts on resources and the living space of humans. This chapter analyzes environmental and paleoclimatic information from lake sediments, ice cores, pollen profiles, and geomorphic processes and relates these with the cultural and geographic settlement patterns of human occupation in the different habitats in the area of southern Peru, southwest Bolivia, northwest Argentina, and north Chile and puts in perspective of the early and late Holocene to present a representative range of environmental and cultural changes. It has been found that the largest changes took place around 9000 cal yr BP when the humid early Holocene conditions were replaced by extremely arid but highly variable climatic conditions. These resulted in a marked decrease of human occupation, “ecological refuges,” increased mobility, and an orientation toward habitats with relatively stable resources (such as the coast, the puna seca, and “ecological refuges”).

The Domestic Natural Gas Shortage in China

This thesis analyzes the domestic shortage in the Chinese natural gas market. Both the domestic supply and demand of natural gas are growing fast in China. However, the supply cannot catch up with the demand. Under the present pricing mechanism, the Chinese natural gas market cannot get the equilibrium by itself. Expensive imports are inadequate to fill the increasing gap between the domestic demand and supply. Therefore, the shortage problem occurs. Since the energy gap can result in the arrested development of economics, the shortage problem need to be solved. This thesis gives three suggestions to solve the problem: the use of Unconventional Gas, Natural Gas Storage and Pricing Reform.

Variation of cell and matrix morphologies in articular cartilage among locations in the adult human knee

OBJECTIVE: Understanding of articular cartilage physiology, remodelling mechanisms, and evaluation of tissue engineering repair methods requires reference information regarding normal structural organization. Our goals were to examine the variation of cartilage cell and matrix morphology in different topographical areas of the adult human knee joint. METHODS: Osteochondral explants were acquired from seven distinct anatomical locations of the knee joints of deceased persons aged 20-40 years and prepared for analysis of cell, matrix and tissue morphology using confocal microscopy and unbiased stereological methods. Differences between locations were identified by statistical analysis. RESULTS: Medial femoral condyle cartilage had relatively high cell surface area per unit tissue volume in the superficial zone. In the transitional zone, meniscus-covered lateral tibia cartilage showed elevated chondrocyte densities compared to the rest of the knee while lateral femoral condyle cartilage exhibited particularly large chondrocytes. Statistical analyses indicated highly uniform morphology throughout the radial zone (lower 80% of cartilage thickness) in the knee, and strong similarities in cell and matrix morphologies among cartilage from the femoral condyles and also in the mediocentral tibial plateau. Throughout the adult human knee, the mean matrix volume per chondron was remarkably constant at approximately 224,000 microm(3), corresponding to approximately 4.6 x 10(6) chondrons per cm(3). CONCLUSIONS: The uniformity of matrix volume per chondron throughout the adult human knee suggests that cell-scale biophysical and metabolic constraints may place limitations on cartilage thickness, mechanical properties, and remodelling mechanisms. Data may also aid the evaluation of cartilage tissue engineering treatments in a site-specific manner. Results indicate that joint locations which perform similar biomechanical functions have similar cell and matrix morphologies; findings may therefore also provide clues to understanding conditions under which focal lesions leading to osteoarthritis may occur.

Thematic and Situational Features of Chinese BBS Texts

This study adopts the framework of Systemic Functional Grammar (SFG; Halliday, 1994/2000; Halliday & Matthiessen, 2004) to investigate thematic features in messages sent to an electronic bulletin board system (BBS) in mainland China. As a concept derived from the Prague School, theme in SFG has been identified as “the point of departure of the message; it is that which locates and orients the clause within its context” (Halliday & Matthiessen, 2004, p. 64). Thematic features in the Chinese data are found to relate to the situational features of the BBS, the analysis of which is based on the frameworks of Biber (1988) and Herring (2007). The relevant situational features are further generalized into the three components of context: field, tenor, and mode (Halliday & Hasan, 1985) in order to examine the relation between thematic features and situational features. The study’s findings show that thematic features are more closely related to the field (nature of the activity) than to the mode, contrary to Halliday’s (1978/2001) claim that theme, as a realization of the textual meaning, is determined by the mode (medium). In concluding, this discrepancy is explored.

The Han Minzu, Fragmented Identities, and Ethnicity

This paper focuses on the majority population in the People’s Republic of China—the Han—and their various collective identities. The Han play a pivotal role in consolidating the Chinese territory and the multiethnic Chinese nation. Therefore, the governments in the twentieth century have invested substantial efforts in promoting a unitary Han identity. In spite of that, powerful local identities related to native place, occupation, and family histories persist. This essay traces these identities and analyzes their intertwinement. Further, it discusses the question of ethnicity of both the Han and local identity categories, and concludes that while Han enact ethnicity in their relations to other minzu, local identity categories are more social than ethnic. It further posits that moments of confrontation, “degree” of ethnicity, scales of categorization, and relationality of identities are notions that should be given particular attention in the studies of ethnicity in China and elsewhere.

Clinical and histological characterization of hair coat and glandular tissue of Chinese crested dogs.

BACKGROUND Two varieties exist in the Chinese crested dog breed, namely hairless Chinese crested dogs presenting with hypotrichosis and dentition abnormalities, and the coated powderpuffs. Hairless Chinese crested dogs are obligate heterozygotes for a FOXI3 mutation, and this phenotype is classified as a form of canine ectodermal dysplasia. OBJECTIVES We provide a detailed histological description of hair follicles and their density for the three subphenotypes (true hairless, semi-coated and powderpuffs) of Chinese crested dogs. Apocrine and exocrine glands of the skin and other tissues were compared with findings reported from dogs with X-linked ectodermal dysplasia. ANIMALS Skin biopsies were collected from 22 Chinese crested dogs. Additionally, the glands of the skin and other tissues were examined from another two dogs available for postmortem examination. METHODS Skin biopsies and tissues were processed, stained and evaluated in a blinded fashion. RESULTS Hair follicular anomalies decreased with increasing number of hairs in the different phenotypes. The FOXI3 mutants had only simple primary hair follicles, whereas the nonmutant powderpuffs had compound follicles identical to other dog breeds. All Chinese crested dogs had an anagen-dominated hair cycle. Furthermore, apocrine glands in the skin and respiratory mucous glands of the mutant Chinese crested dogs were present and normal. CONCLUSIONS AND CLINICAL IMPORTANCE We have identified striking histopathological differences between the three subphenotypes of Chinese crested dogs. We clearly demonstrated distinct differences between the canine ectodermal dysplasia in Chinese crested dogs and dogs with X-linked ectodermal dysplasia.

Comparing communication technology on Chinese, English, and Spanish diabetes web sites.

Technological and cultural factors influence access to health information on the web in multifarious ways. We evaluated structural differences and availability of communication services on the web in three diverse language and cultural groups: Chinese, English, and Spanish. A total of 382 web sites were analyzed: 144 were English language sites (38%), 129 were Chinese language sites (34%), and 108 were Spanish language sites (28%). We did not find technical differences in the number of outgoing links per domain or the total availability of communication services between the three groups. There were differences in the distribution of available services between Chinese and English sites. In the Chinese sites, there were more communication services between consumers and health experts. Our results suggest that the health-related web presence of these three cultural groups is technologically comparable, but reflects differences that may be attributable to cultural factors.

Where to find 1.5 million yr old ice for the IPICS "Oldest-Ice" ice core

The recovery of a 1.5 million yr long ice core from Antarctica represents a keystone of our understanding of Quaternary climate, the progression of glaciation over this time period and the role of greenhouse gas cycles in this progression. Here we tackle the question of where such ice may still be found in the Antarctic ice sheet. We can show that such old ice is most likely to exist in the plateau area of the East Antarctic ice sheet (EAIS) without stratigraphic disturbance and should be able to be recovered after careful pre-site selection studies. Based on a simple ice and heat flow model and glaciological observations, we conclude that positions in the vicinity of major domes and saddle position on the East Antarctic Plateau will most likely have such old ice in store and represent the best study areas for dedicated reconnaissance studies in the near future. In contrast to previous ice core drill site selections, however, we strongly suggest significantly reduced ice thickness to avoid bottom melting. For example for the geothermal heat flux and accumulation conditions at Dome C, an ice thickness lower than but close to about 2500 m would be required to find 1.5 Myr old ice (i.e., more than 700 m less than at the current EPICA Dome C drill site). Within this constraint, the resolution of an Oldest-Ice record and the distance of such old ice to the bedrock should be maximized to avoid ice flow disturbances, for example, by finding locations with minimum geothermal heat flux. As the geothermal heat flux is largely unknown for the EAIS, this parameter has to be carefully determined beforehand. In addition, detailed bedrock topography and ice flow history has to be reconstructed for candidates of an Oldest-Ice ice coring site. Finally, we argue strongly for rapid access drilling before any full, deep ice coring activity commences to bring datable samples to the surface and to allow an age check of the oldest ice.