Trade marks, registered designs and the monopolisation of functional shapes:a consideration of Lego and Dyson

Legislation: Regulation 6/2002 on Community designs art.3(3)(e) Directive 98/71 on the legal protection of designs art.7(1) Cases: Dyson Ltd v Vax Ltd [2010] EWHC 1923 (Pat); [2011] Bus. L.R. 232 (Ch D (Patents Ct)) Lego Juris A/S v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-48/09 P) Unreported September 14, 2010 (ECJ) *E.I.P.R. 60 In Lego, the Court of Justice of the European Union denied registration for an exclusively functional shape mark despite the availability of other shapes capable of fulfilling the same function and in Dyson v Vax Mr Justice Arnold established that a design can not be registered for a purely functional shape even though another shape could fulfil the same required function.

Applications of XPS to the study of inorganic compounds

The surface behaviour of materials is crucial to our everyday lives. Studies of the corrosive, reactive, optical and electronic properties of surfaces are thus of great importance to a wide range of industries including the chemical and electronics sectors. The surface properties of polymers can also be tuned for use in packaging, non stick coatings or for use in medical applications. Methods to characterise surface composition and reactivity are thus critical to the development of next generation materials. This report will outline the basic principles of X-ray photoelectron spectroscopy and how it can be applied to analyse the surfaces of inorganic materials. The role of XPS in understanding the nature of the active site in heterogeneous catalysts will also be discussed.

Overlapping of legal concepts:classifying the law of trusts

The purpose of this piece is to explain how the trust concept fits the overlapping analysis, presenting an example of why discrete categorisation is often unhelpful in understanding the operation of legal concepts.

The 'law of requisite variety' may assist climate change negotiations:a review of the Kyoto and Durban meetings

Ashby wrote about cybernetics, during which discourse he described a Law that attempts to resolve difficulties arising in complex situations – he suggested using variety to combat complexity. In this paper, we note that the delegates to the UN Framework Convention on Climate Change (UNFCCC) meeting in Kyoto, 1997, were offered a ‘simplifying solution’ to cope with the complexity of discussing multiple pollutants allegedly contributing to ‘climate change’. We assert that the adoption of CO2eq has resulted in imprecise thinking regarding the ‘carbon footprint’ – that is, ‘CO2’ – to the exclusion of other pollutants. We propose, as Ashby might have done, that the CO2eq and other factors within the ‘climate change’ negotiations be disaggregated to allow careful and specific individual solutions to be agreed on each factor. We propose a new permanent and transparent ‘action group’ be in charge of agenda setting and to manage the messy annual meetings. This body would be responsible for achieving accords at these annual meetings, rather than forcing this task on national hosts. We acknowledge the task is daunting and we recommend moving on from Ashby's Law to Beer's Viable Systems approach.

The Kim Dynasty and North-East Asian security:breaking the cycle of crises?

Purpose—This article considers North Korea and the notion of crisis, by linking historical development over the Korean peninsula to the conflict resolution literature, and investigates why despite a large number of destabilizing events, a war involving Pyongyang has yet to erupt. Design/methodology—This article uses historical data and a framework developed by Aggarwal et al., in order to highlight patterns of interaction between states such as the United States, North Korea and South Korea, organizations such as the United Nations, as well as processes such as the Six- Party Talks and the Agreed Framework. The article then develops a crisis framework based on conflict resolution and negotiation literature, and applies it to three North Korean administrations. Findings—Findings suggest that an open- ended understanding of time (for all parties involved on the peninsula) leads to an impossibility to reach a threshold where full- scale war would be triggered, thus leaving parties in a stable state of crisis for which escalating moves and de- escalating techniques might become irrelevant. Practical implications—It is hoped that this article will help further endeavors linking conflict resolution theoretical frameworks to the Korean peninsula security situation. In the case of the Korean peninsula, time has been understood as open-ended, leading parties to a lingering state of heightened hostilities that oscillates toward war, but that is controlled enough not to reach it. In-depth analysis of particular security sectors such as nuclear energy, food security, or missile testing would prove particularly useful in understanding the complexity of the Korean peninsula situation to a greater extent. It is hoped that this paper will help further endeavours linking conflict resolution theoretical frameworks to the Korean peninsula security situation. Originality/value—This research suggests that regarding the Korean peninsula, time has been understood as open- ended, leading parties to a lingering state of heightened.

The role of suicide risk in the decision for psychiatric hospitalization after a suicide attempt

BACKGROUND: Suicide prevention can be improved by knowing which variables physicians take into account when considering hospitalization or discharge of patients who have attempted suicide. AIMS: To test whether suicide risk is an adequate explanatory variable for predicting admission to a psychiatric unit after a suicide attempt. METHODS: Analyses of 840 clinical records of patients who had attempted suicide (66.3% women) at four public general hospitals in Madrid (Spain). RESULTS: 180 (21.4%) patients were admitted to psychiatric units. Logistic regression analyses showed that explanatory variables predicting admission were: male gender; previous psychiatric hospitalization; psychiatric disorder; not having a substance-related disorder; use of a lethal method; delay until discovery of more than one hour; previous attempts; suicidal ideation; high suicidal planning; and lack of verbalization of adequate criticism of the attempt. CONCLUSIONS: Suicide risk appears to be an adequate explanatory variable for predicting the decision to admit a patient to a psychiatric ward after a suicide attempt, although the introduction of other variables improves the model. These results provide additional information regarding factors involved in everyday medical practice in emergency settings.

A számítási felhő az Európai Unió egén (Cloud computing on the sky of European Union)

Napjaink informatikai világának talán legkeresettebb hívó szava a cloud computing, vagy magyar fordításban, a számítási felhő. A fordítás forrása az EU-s (Digitális Menetrend magyar változata, 2010) A számítási felhő üzleti modelljének részletes leírását adja (Bőgel, 2009). Bőgel György ismerteti az új, közműszerű informatikai szolgáltatás kialakulását és gazdasági előnyeit, nagy jövőt jósolva a számítási felhőnek az üzleti modellek versenyében. A szerző – a számítási felhő üzleti előnyei mellett – nagyobb hangsúlyt fektet dolgozatában a gyors elterjedést gátló tényezőkre, és arra, hogy mit jelentenek az előnyök és a hátrányok egy üzleti, informatikai vagy megfelelőségi vezető számára. Nem csökkentve a cloud modell gazdasági jelentőségét, fontosnak tartja, hogy a problémákról és a kockázatokról is szóljon. Kiemeli, hogy a kockázatokban – különösen a biztonsági és adatvédelmi kockázatokban – lényeges különbségek vannak az Európai Gazdasági Térség és a világ többi része, pl. az Amerikai Egyesült Államok között. A cikkben rámutat ezekre a különbségekre, és az olvasó magyarázatot kap arra is, hogy miért várható a számítási felhő lassabb terjedése Európában, mint a világ más részein. Bemutatja az EU erőfeszítéseit is a számítási felhő európai terjedésének elősegítésére, tekintettel a modell versenyképességet növelő hatására. / === / One of the most popular concept of the recent web searches is cloud computing. Several authors present detailed description of the new service model and it's business benefits and cite the optimistic prognoses of the cloud experts regarding the competition of information system service models. The author analyses the operational benefits of the cloud application and give a detailed description of the inhibitors of the fast expansion of the service modell. He also analyses the pros and cons of the cloud for a business manager, an information and a compliance officer. When understanding the advantages of the cloud, it is equally important to review the problems and risks associated with the model. The paper gives a list of the expected cloud-specific risks. It also explains the differences in security and data protection approach between the European Economic Area and the rest of the world, including the USA. The explains why slower expansion of the cloud modell is expected in Europe than in the rest of the world. The efforts of the EU Committee in helping to spread the cloud model is also presented, as the EU's officers consider the model as an important element of competitiveness.

Modelling the growth of young individuals of Pinus nigra on thin carbonate soils under climate change in Hungary

Climate change highly impacts on tree growth and also threatens the forest of the karstic terrains. From the 1980s the frequency of decay events of the Pinus nigra Arnold forests showed a marked increase in Hungary. To understanding the vulnerability of Pinus nigra forests to climate change on shallow karstic soils in continental-sub Mediterranean climatic conditions we developed the study of three sampled population in the typical karstic landscape of Veszprém in North Transdanubia. We built our model on non-invasive approach using the annual growth of the individuals. MPI Echam5 climate model and as aridity index the Thornthwaite Agrometeorological Index were used. Our results indicate that soil thickness up to 11 cm has a major influence on the main growth intensity, however, aridity determines the annual growth rate. Our model results showed that the increasing decay frequency in the last decades was a parallel change to the decreasing growth rate of pines. The climate model predicts the similar, increased decay frequency to the presents. Our results can be valid for a wider areas of the periphery of Mediterranean climate zone while the annual-growth based model is a cost-effective and simple method to study the vitality of pine trees in a given area.

The effect of direct instruction in story grammar using deep processing on the reading and writing achievement of second-graders

The purpose of this study was to investigate the effects of direct instruction in story grammar on the reading and writing achievement of second graders. Three aspects of story grammar (character, setting, and plot) were taught with direct instruction using the concept development technique of deep processing. Deep processing which included (a) visualization (the drawing of pictures), (b) verbalization (the writing of sentences), (c) the attachment of physical sensations, and (d) the attachment of emotions to concepts was used to help students make mental connections necessary for recall and application of character, setting, and plot when constructing meaning in reading and writing.^ Four existing classrooms consisting of seventy-seven second-grade students were randomly assigned to two treatments, experimental and comparison. Both groups were pretested and posttested for reading achievement using the Gates-MacGinitie Reading Tests. Pretest and posttest writing samples were collected and evaluated. Writing achievement was measured using (a) a primary trait scoring scale (an adapted version of the Glazer Narrative Composition Scale) and (b) an holistic scoring scale by R. J. Pritchard. ANCOVAs were performed on the posttests adjusted for the pretests to determine whether or not the methods differed. There was no significant improvement in reading after the eleven-day experimental period for either group; nor did the two groups differ. There was significant improvement in writing for the experimental group over the comparison group. Pretreatment and posttreatment interviews were selectively collected to evaluate qualitatively if the students were able to identify and manipulate elements of story grammar and to determine patterns in metacognitive processing. Interviews provided evidence that most students in the experimental group gained while most students in the comparison group did not gain in their ability to manipulate, with understanding, the concepts of character, setting, and plot. ^

Consequences of interorganizational information systems: An empirical investigation of the effects of EDI use on interorganizational relationships in the retail industry

This dissertation examines the consequences of Electronic Data Interchange (EDI) use on interorganizational relations (IR) in the retail industry. EDI is a type of interorganizational information system that facilitates the exchange of business documents in structured, machine processable form. The research model links EDI use and three IR dimensions--structural, behavioral, and outcome. Based on relevant literature from organizational theory and marketing channels, fourteen hypotheses were proposed for the relationships among EDI use and the three IR dimensions.^ Data were collected through self-administered questionnaires from key informants in 97 retail companies (19% response rate). The hypotheses were tested using multiple regression analysis. The analysis supports the following hypothesis: (a) EDI use is positively related to information intensity and formalization, (b) formalization is positively related to cooperation, (c) information intensity is positively related to cooperation, (d) conflict is negatively related to performance and satisfaction, (e) cooperation is positively related to performance, and (f) performance is positively related to satisfaction. The results support the general premise of the model that the relationship between EDI use and satisfaction among channel members has to be viewed within an interorganizational context.^ Research on EDI is still in a nascent stage. By identifying and testing relevant interorganizational variables, this study offers insights for practitioners managing boundary-spanning activities in organizations using or planning to use EDI. Further, the thesis provides avenues for future research aimed at understanding the consequences of this interorganizational information technology. ^

A qualitative study of the impact of an educational intervention on older parents of adults with disabilities engaged in the phenomenon of future-care planning

This phenomenological study describes the impact of an educational intervention on the day-to-day experiences of older parent caregivers of adults with developmental disabilities who were engaged in the process of future-care planning. Qualitative strategies of individual and focus group interviewing were used with a purposive sample of older caregivers. Participants were members of an existing parent support group. Twenty-three caregivers representing 18 families were queried before and after the education program. The disabilities represented were mental retardation, cerebral palsy and autism. Parents whose children live at or away from home were included. The intervention was conducted on five Saturdays over a two month period; the duration of the study was five months. Findings used typical words of the respondents from their individual and focus group interviews to describe feelings, attitudes and experiences in making future-care plans. Data from verbatim transcriptions and researcher's field notes were coded, analyzed, sorted into themes, and subjected to interpretive analysis. Respondents showed a positive change in attitudes and actions after participating in the education program, regardless of their initial stage in care planning. Fears were replaced by hope and determination; hesitation and ineptitude by feelings of competence and confidence; and procrastination and delay by purposeful actions. Other key findings: use of a planning document greatly aided caregivers; barriers to planning were often intrinsic and amenable to education; residential plans were the most difficult aspect of planning; listening to the experiences of other parent caregivers was helpful; and making burial plans for their offspring was one aspect of planning parents wished to do themselves. ^

Biomimetic modeling of the nitrogen-centered radical postulated to occur during the inhibition of ribonucleotide reductases by 2'-azido-2'-deoxynucleotides

Ribonucleotide reductases (RNR) are essential enzymes that catalyze the reduction of ribonucleotides to 2'-deoxyribonucleotides, which is a critical step that produces precursors for DNA replication and repair. The inactivation of RNR, logically, would discontinue producing the precursors of the DNA of viral or cancer cells, which then would consequently end the cycle of DNA replication. Among different compounds that were found to be inhibitors of RNR, 2'-azido-2'-deoxynucleotide diphosphates (N3NDPs) have been investigated in depth as potent inhibitors of RNR. Decades of investigation has suggested that the inactivation of RNR by N3NDPs is a result of the formation of a nitrogen-centered radical (N·) that is covalently attached to the nucleotide at C3' and cysteine molecule C225 [3'-C(R-S-N·-C-OH)]. Biomimetic simulation reactions for the generation of the nitrogen-centered radicals similar to the one observed during the inactivation of the RNR by azionuclotides was investigated. The study included several modes: (i) theoretical calculation that showed the feasibility of the ring closure reaction between thiyl radicals and azido group; (ii) synthesis of the model azido nucleosides with a linker attached to C3' or C5' having a thiol or vicinal dithiol functionality; (iii) generation of the thiyl radical under both physiological and radiolysis conditions whose role is important in the initiation on RNR cascades; and (iv) analysis of the nitrogen-centered radical species formed during interaction between the thiyl radical and azido group by electron paramagnetic resonance spectroscopy (EPR). Characterization of the aminyl radical species formed during one electron attachment to the azido group of 2'-azido-2'-deoxyuridine and its stereospecifically labelled 1'-, 2'-, 3'-, 4'- or 5,6-[2H 2]-analogues was also examined. This dissertation gave insight toward understanding the mechanism of the formation of the nitrogen-centered radical during the inactivation of RNRs by azidonucleotides as well as the mechanism of action of RNRs that might provide key information necessary for the development of the next generation of antiviral and anticancer drugs.

A comparison of the effects of classroom and Multi-User Virtual Environments on the perceived speaking anxiety of adult post-secondary English Language Learners

The population of English Language Learners (ELLs) globally has been increasing substantially every year. In the United States alone, adult ELLs are the fastest growing portion of learners in adult education programs (Yang, 2005). There is a significant need to improve the teaching of English to ELLs in the United States and other English-speaking dominant countries. However, for many ELLs, speaking, especially to Native English Speakers (NESs), causes considerable language anxiety, which in turn plays a vital role in hindering their language development and academic progress (Pichette, 2009; Woodrow, 2006). ^ Task-based Language Teaching (TBLT), such as simulation activities, has long been viewed as an effective approach for second-language development. The current advances in technology and rapid emergence of Multi-User Virtual Environments (MUVEs) have provided an opportunity for educators to consider conducting simulations online for ELLs to practice speaking English to NESs. Yet to date, empirical research on the effects of MUVEs on ELLs' language development and speaking is limited (Garcia-Ruiz, Edwards, & Aquino-Santos, 2007). ^ This study used a true experimental treatment control group repeated measures design to compare the perceived speaking anxiety levels (as measured by an anxiety scale administered per simulation activity) of 11 ELLs (5 in the control group, 6 in the experimental group) when speaking to Native English Speakers (NESs) during 10 simulation activities. Simulations in the control group were done face-to-face, while those in the experimental group were done in the MUVE of Second Life. ^ The results of the repeated measures ANOVA revealed after the Huynh-Feldt epsilon correction, demonstrated for both groups a significant decrease in anxiety levels over time from the first simulation to the tenth and final simulation. When comparing the two groups, the results revealed a statistically significant difference, with the experimental group demonstrating a greater anxiety reduction. These results suggests that language instructors should consider including face-to-face and MUVE simulations with ELLs paired with NESs as part of their language instruction. Future investigations should investigate the use of other multi-user virtual environments and/or measure other dimensions of the ELL/NES interactions.^

The effect of active student responding in computer -assisted instruction on social -studies learning by students with learning disabilities

The purpose of this study was to compare the effects of three student response conditions during computer-assisted instruction on the acquisition and maintenance of social-studies facts. Two of the conditions required active student responding (ASR), whereas the other required an on-task (OT) response. Participants were five fifth-grade students, with learning disabilities enrolled in a private school. An alternating treatments design with a best treatments phase was used to compare the effects of the response procedures on three major dependent measures: same-day tests, next-day tests, and maintenance tests. ^ Each week for six weeks, participants were provided daily one-to-one instruction on sets of 21 unknown social-studies facts using a hypermedia computer program, with a new set of facts being practiced each week. Each set of 21 facts was divided randomly into three conditions: Clicking-ASR, Repeating-ASR, and Listening-OT. Hypermedia lesson began weekly with the concept introduction lesson, followed by practice and testing. Practice and testing occurred four days per week, per set. During Clicking-ASR, student practice involved the selection of a social-studies response by clicking on an item with the mouse on the hypermedia card. Repeating-ASR instruction required students to orally repeat the social-studies facts when prompted by the computer. During Listening-OT, students listened to the social-studies facts being read by the computer. During weeks seven and eight, instruction occurred with seven unknown facts using only the best treatment. ^ Test results show that all for all 5 students, the Repeating-ASR practice procedure resulted in more social-studies facts stated correctly on same-day tests, next-day tests, and one-and two-week maintenance tests. Clicking-ASR was the next most effective procedure. During the seventh and eighth week of instruction when only the best practice condition was implemented, Repeating-ASR produced higher scores than all conditions (including Repeating-ASR) during the first six weeks of the study. ^ The results lend further support to the growing body of literature that demonstrates the positive relation between ASR and student achievement. Much of the ASR literature has focused on the effects of increased ASR during teacher-led or peer-mediated instruction. This study adds a dimension to that research in that it demonstrated the importance of ASR during computer-assisted instruction and further suggests that the type of ASR used during computer-assisted instruction may influence learning. Future research is needed to investigate the effectiveness of other types of ASR during computer-assisted instruction and to identify other fundamental characteristics of an effective computer-assisted instruction. ^

Looking At Residents’ Attitudes towards Spring Break Tourism in Texas through the Lens of Community Attachment

The growth of spring break tourism in many destinations has become problematic, predominantly due to the excessive behaviour of college students. This paper examines residents’ attitudes toward spring break tourism in South Padre Island (located in Texas, USA) through the lens of community attachment. By understanding the attitudes of residents of the host communities, tourism planners and policy-makers can create policies to shape the character of tourism according to the residents’ needs. The findings suggest that, at this point in time, community residents perceive that the benefits of spring break tourism benefits exceed its’ costs. Also, the short and intense season of spring break tourism allows residents to better deal with social costs.