The right to claim for damages for infringement is of the character of credit and an object of limitation of action. In case of trademark right infringement, the provision on limitation of action of the General Pr... The right to claim for damages for infringement is of the character of credit and an object of limitation of action. In case of trademark right infringement, the provision on limitation of action of the General Principles of the Civil Law also apply to the trademark proprietor's right to claim for damages for infringement.……展开更多
The legal regulation of racist speech involves limitation on the freedom of speech, which requires prudent trade-offs between freedom and quality. The protection of the freedom of speech, although of great value to a ...The legal regulation of racist speech involves limitation on the freedom of speech, which requires prudent trade-offs between freedom and quality. The protection of the freedom of speech, although of great value to a democratic society, does not include the pro tection of racist speech. The justification for regulating racist speech lies in the impact of racial ly-charged speech, not in the content of the speech itself. The regulation of racist speech should take into consideration thecriteriaofsubjectivemalignancy,necessityandproportionality.Due to their social status and special role in a democratic society, the media and political figures should bear a more stringent duty of care because of the harm and consequences of their racist remarks, which are far greater than those of other groups. During the pandemic, legal regula tion is required regarding remarks of politicians and the media that imply discrimination linked to CoVID-19.展开更多
Tensions and oppositions between the individual and community have accompanied the discourse on human rights from the beginning. I want to first recall how in the UDHR （1948） and in the major human rights treaties, ...Tensions and oppositions between the individual and community have accompanied the discourse on human rights from the beginning. I want to first recall how in the UDHR （1948） and in the major human rights treaties, the rights and obligations of individuals are regulated towards communities. I then want to investigate whether the talk of ＂collective human rights＂, understood as ＂third- generation＂ rights, are of equal value to be set with individual human rights. Against communitarian arguments for the primacy of community-related duties one can stress an expansion of a liberal concept of human rights by the inclusion of justice demands and social human rights. To show that special community needs can be protected and promoted through individual human rights and national col- lective rights, I used the example of the protection of minorities. Finally, I will explain why human rights are not a comprehensive theory of the good and illustrate with this the limits, and also the original strength of human rights. We should not overestimate human rights, but also we should be aware that a sober understanding of human rights is philosophically reasonable, legally possible and politically of great importance.展开更多
Through a bioreplication approach, we have fabricated artificial visual decoys for the invasive species Agrilus planipen- nis--commonly known as the Emerald Ash Borer （EAB）. The mating behavior of this species invol...Through a bioreplication approach, we have fabricated artificial visual decoys for the invasive species Agrilus planipen- nis--commonly known as the Emerald Ash Borer （EAB）. The mating behavior of this species involves an overflying EAB male pouncing on an EAB female at rest on an ash leaflet before copulating. The male spots the female on the leaflet by visually detecting the iridescent green color of the female＇s elytra. As rearing EAB and then deploying dead females as decoys for trapping is both arduous and inconvenient, we decided to fabricate artificial decoys. We used a dead female to make a negative die of nickel and a positive die of epoxy. Decoys were then made by first depositing a quarter-wave-stack Bragg reflector on a polymer sheet and then stamping it with a pair of matched negative and positive dies to take the shape of the upper surface of an EAB female. As nearly 100 artificial decoys were fabricated from just one EAB female, this bioreplication process is industrially scalable. Preliminary results from a field trapping test are indicative of success.展开更多
文摘 The right to claim for damages for infringement is of the character of credit and an object of limitation of action. In case of trademark right infringement, the provision on limitation of action of the General Principles of the Civil Law also apply to the trademark proprietor's right to claim for damages for infringement.……
基金a significant progress of Research on Developing a Fairer and More Equitable Global Governance System (Project Approval No. 20AZD104)key program of National Social Science Foundation of China+1 种基金major program of National Social Science Found of ChinaResearch on International Law of Major Public Health Emergencies (Project Approval No. 20&ZD201)。
文摘The legal regulation of racist speech involves limitation on the freedom of speech, which requires prudent trade-offs between freedom and quality. The protection of the freedom of speech, although of great value to a democratic society, does not include the pro tection of racist speech. The justification for regulating racist speech lies in the impact of racial ly-charged speech, not in the content of the speech itself. The regulation of racist speech should take into consideration thecriteriaofsubjectivemalignancy,necessityandproportionality.Due to their social status and special role in a democratic society, the media and political figures should bear a more stringent duty of care because of the harm and consequences of their racist remarks, which are far greater than those of other groups. During the pandemic, legal regula tion is required regarding remarks of politicians and the media that imply discrimination linked to CoVID-19.
文摘Tensions and oppositions between the individual and community have accompanied the discourse on human rights from the beginning. I want to first recall how in the UDHR （1948） and in the major human rights treaties, the rights and obligations of individuals are regulated towards communities. I then want to investigate whether the talk of ＂collective human rights＂, understood as ＂third- generation＂ rights, are of equal value to be set with individual human rights. Against communitarian arguments for the primacy of community-related duties one can stress an expansion of a liberal concept of human rights by the inclusion of justice demands and social human rights. To show that special community needs can be protected and promoted through individual human rights and national col- lective rights, I used the example of the protection of minorities. Finally, I will explain why human rights are not a comprehensive theory of the good and illustrate with this the limits, and also the original strength of human rights. We should not overestimate human rights, but also we should be aware that a sober understanding of human rights is philosophically reasonable, legally possible and politically of great importance.
文摘Through a bioreplication approach, we have fabricated artificial visual decoys for the invasive species Agrilus planipen- nis--commonly known as the Emerald Ash Borer （EAB）. The mating behavior of this species involves an overflying EAB male pouncing on an EAB female at rest on an ash leaflet before copulating. The male spots the female on the leaflet by visually detecting the iridescent green color of the female＇s elytra. As rearing EAB and then deploying dead females as decoys for trapping is both arduous and inconvenient, we decided to fabricate artificial decoys. We used a dead female to make a negative die of nickel and a positive die of epoxy. Decoys were then made by first depositing a quarter-wave-stack Bragg reflector on a polymer sheet and then stamping it with a pair of matched negative and positive dies to take the shape of the upper surface of an EAB female. As nearly 100 artificial decoys were fabricated from just one EAB female, this bioreplication process is industrially scalable. Preliminary results from a field trapping test are indicative of success.
