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网络商标侵权及对策 被引量:1
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作者 雷蕾 《品牌与标准化》 2014年第5期43-43,共1页
传统意义上的商标侵权行为主要是指在相同或者近似商品或者服务上使用与他人注册商标相同或者近似的商标,这种侵权行为的表现形式一般是具体的、有形的。随着互联网技术的繁荣和发展,在网络给人们的工作及生活带来更多便利与效率的同时... 传统意义上的商标侵权行为主要是指在相同或者近似商品或者服务上使用与他人注册商标相同或者近似的商标,这种侵权行为的表现形式一般是具体的、有形的。随着互联网技术的繁荣和发展,在网络给人们的工作及生活带来更多便利与效率的同时,基于互联网的商标侵权纠纷也呈现出逐年递增的态势。而这种网络商标侵权又有哪些特点?企业又该如何应对呢? 展开更多
关键词 侵权行为 侵权人 侵权纠纷 侵犯商标权 民事赔偿责任 淘宝 毛绒玩具 信息更新 工商行政管理 权利主
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A Master-Slave Blockchain Paradigm and Application in Digital Rights Management 被引量:5
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作者 Zhaofeng Ma Weihua Huang +2 位作者 Wei Bi Hongmin Gao Zhen Wang 《China Communications》 SCIE CSCD 2018年第8期174-188,共15页
Upon flaws of current blockchain platforms of heavyweight, large capacity of ledger, and time-consuming of synchronization of data, in this paper, we proposed a new paradigm of master-slave blockchain scheme(MSB) for ... Upon flaws of current blockchain platforms of heavyweight, large capacity of ledger, and time-consuming of synchronization of data, in this paper, we proposed a new paradigm of master-slave blockchain scheme(MSB) for pervasive computing that suitable for general PC, mobile device such as smart phones or PADs to participants in the working of mining and verification, in which we separated traditional blockchain model in 2 layer defined as master node layer and a series of slavery agents layer, then we proposed 2 approaches for partially computing model(PCM) and non-computing of model(NCM) in the MSB blockchain, Finally large amounts of simulations manifest the proposed master-slave blockchain scheme is feasible, extendible and suitable for pervasive computing especially in the 5 G generation environment, and can apply in the DRM-related applications. 展开更多
关键词 master-slave blockchain proof ofequivalent work proof of contribution pervasive computing DRM application
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Rights and Disagreement
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作者 Alexander Kaufman 《Journal of Philosophy Study》 2013年第3期228-245,共18页
Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues th... Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues that the constitutional protection of rights is inconsistent with the fundamental democratic idea of government by the people. According to this view, democracies should assign the power to resolve questions regarding the nature and extent of individual rights to the majority. Constitutional attempts to remove such questions from the public agenda, it is argued, are disrespectful to citizens who disagree with the views embodied in the constitutionalized rights. I argue that this critique: (1) is insufficiently attentive to the question of when legislation by the majority constitutes a legitimate exercise of political power; and (2) underestimates the importance of securing the constitutive conditions of democratic self-government. 展开更多
关键词 RIGHTS DEMOCRACY CONSTITUTIONALISM judicial review representative government LEGITIMACY
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On Maggie's Feminist Thoughts in The Mill on the Floss
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作者 LIU Xi MA Wen-ying 《Journal of Literature and Art Studies》 2015年第5期307-311,共5页
George Eliot(1819-1880), is one of the most highly praised novelists in the literary world in the 19th century because of her unique position in English literature. She wrote a large quantity of works of the highest... George Eliot(1819-1880), is one of the most highly praised novelists in the literary world in the 19th century because of her unique position in English literature. She wrote a large quantity of works of the highest merit and of far-reaching influence. Her attitude towards feminism has aroused wide attention and has been discussed hotly among feminist critics in different countries. The Mill on the Floss, which first appeared in1860, is regarded as the most excellent autobiographical novel of Eliot. The ideology of male power in the patriarchal society during the Victorian Era is internalized in people's heart, which brings huge influence on Maggie's female mental state. This paper aims to discuss the causes of Maggie's feminist thoughts and manifestation of her feminism, thus, the influence upon women in her times. The paper concludes that Eliot was a great female author full of pioneering feminist thought from the example given by Maggie in The Mill on the Floss. 展开更多
关键词 Victorian era feminist thought patriarchal society PURSUIT
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An Utilitarianist Reading of Criminal Law
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作者 Joao Paulo Orsini Martinelli 《Sociology Study》 2014年第4期348-359,共12页
Utilitarianism is the branch of philosophy that studies the usefulness of an idea. Among the possible gains and losses, the balance must be positive to reach the intended utility. Criminal law is the most repressive b... Utilitarianism is the branch of philosophy that studies the usefulness of an idea. Among the possible gains and losses, the balance must be positive to reach the intended utility. Criminal law is the most repressive branch of legal system and therefore should be applied sparingly by the state. Its usefulness should be the protection of legal interests and minimal restriction of personal liberty. The lawmaker should seek the best way to achieve this utility with the choice of the most relevant legal interests and less repressive means before appealing to the criminal law. The legal interests protected by criminal law must be the most important ones for a social life in harmony and prohibited behaviors must be injurious or dangerous to those legal interests. The Rule of Law does not authorize criminal prohibitions without a minimum limit that allows citizens to behave according to their wishes, provided that does not harm the interests of other people. This is the calculation that legislator, judge, and interpreter should seek: more protection and less restriction to citizens. 展开更多
关键词 UTILITARIANISM legal interests personal liberty PROPORTIONALITY
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On the Confrontation Between Masculinism and Feminism in The Great Gatsby
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作者 LI Bao-feng JIA Xue-ying 《Sino-US English Teaching》 2015年第11期874-880,共7页
In The Great Gatsby, Fitzgerald depicts the conflicts and contradictions between men and women about society, family, love, and money, literally mirroring the patriarchal society constantly challenged by feminism in t... In The Great Gatsby, Fitzgerald depicts the conflicts and contradictions between men and women about society, family, love, and money, literally mirroring the patriarchal society constantly challenged by feminism in the 1920s of America. This paper intends to compare the features of masculinism and feminism in three aspects: gender, society, and morality. Different identifications of gender role between men and women lead to female protests against male superiority and pursuits of individual liberation. Meanwhile, male unshaken egotism and gradually expanded individualism of women enable them both in lack of sound moral standards. But compared with the female, male moral pride drives them with much more proper moral judge, which reflects Fitzgerald's support of the masculine society. Probing into the confrontation between masculinism and feminism, it is beneficial for further study on how to achieve equal coexistence and harmony between men and women. 展开更多
关键词 The Great Gatsby CONFRONTATION masculinism FEMINISM
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Generalized Derivations in Prime Rings
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作者 吴伟 宛昭勋 《Transactions of Tianjin University》 EI CAS 2011年第1期75-78,共4页
Let R be a ring, a ,b ∈ R, ( D , α ) and (G , β ) be two generalized derivations of R . It is proved that if aD ( x ) = G ( x )b for all x ∈ R, then one of the following possibilities holds: (i) If either a or b i... Let R be a ring, a ,b ∈ R, ( D , α ) and (G , β ) be two generalized derivations of R . It is proved that if aD ( x ) = G ( x )b for all x ∈ R, then one of the following possibilities holds: (i) If either a or b is contained in C , then α = β= 0 and there exist p , q ∈ Qr ( RC) such that D ( x )= px and G ( x )= qx for all x ∈ R;(ii) If both a and b are contained in C , then either a = b= 0 or D and G are C-linearly dependent;(iii) If neither a nor b is contained in C , then there exist p , q ∈ Qr ( RC) and w ∈ Qr ( R) such that α ( x ) = [ q ,x] and β ( x ) = [ x ,p] for all x ∈ R, whence D ( x )= wx-xq and G ( x )= xp + avx with v ∈ C and aw-pb= 0. 展开更多
关键词 prime ring right Martindale quotient ring extended centroid generalized derivation
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The Unreasonableness of Accommodation: A Strong Defence of Minority Nations' Right to Sovereignty
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作者 Troy Kozma 《Journal of Philosophy Study》 2012年第7期475-487,共13页
Citizens of liberal democracies hold that their theory of governance is the most just, the most consistent with freedom, and the most likely to promote human flourishing. Yet, Canada, one of the world's most liberal ... Citizens of liberal democracies hold that their theory of governance is the most just, the most consistent with freedom, and the most likely to promote human flourishing. Yet, Canada, one of the world's most liberal and progressive democracies, has consistently been unable to come to terms with the minority nations in its midst. Why would national minorities resist joining fully in a just liberal democratic state? And in the face of this refusal, what sort of relationship should the majority establish with these national minorities? I argue that their resistance stems from an axiom of mainstream liberalism, "the civic unity assumption," which holds that, ideally, all citizens endorse a single, unified state. While seemingly innocuous, this assumption extinguishes First Nations and Qurbrcois' claims to sovereignty. I conclude that this assumption--that majority and minority nationals must all work within the boundaries of a single constitutional structure--is ultimately an assimilative one, demanding that minority nationals merge their political community into the civic project of the majority. Drawing from John Rawls' The Law of Peoples, I argue that minority nations are best characterized as "peoples"--complete societies with their own unique moral, cultural, and political traditions. If we accept this claim, we will come to see the multinational state differently: not as a political project uniting all citizens, but as a pact between nations; equal sovereign peoples coming together in a spirit of reciprocity to work out fair terms of social and political cooperation. 展开更多
关键词 RAWLS Kymlicka national minorities LIBERALISM First Peoples
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A Feminist Study of Rochester in Jane Eyre
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作者 YANG Shuang-ju 《Sino-US English Teaching》 2012年第6期1258-1263,共6页
This paper aims to scrutinize the roles of Rochester through the feminist perspective. Revolving around the course of Rochester's psychological development by the way of conformity-disorientation-rebellion, this thes... This paper aims to scrutinize the roles of Rochester through the feminist perspective. Revolving around the course of Rochester's psychological development by the way of conformity-disorientation-rebellion, this thesis consists of three parts. Part one focuses on the analysis of Rochester's compliance with the patriarchal norms, acting as a defender for the patriarchy to impose great oppression on women. Part two delves into Rochester's psychological fluctuation around disorientation, perplexity, and struggle when he is frustrated with the unhappy marriage. Part three is devoted to the elaboration on Rochester's resolute revolt against the unconscionable patriarchal norms in the pursuit of his happiness. This paper concludes that Rochester is a character of rebellious consciousness and spirit which forms the driving force in the transformation of his role from a defender of the Victorian patriarchal norms at the beginning of the story to a resolute rebel against the harsh rules at the end. As a member of the patriarchal dominators, Rochester's resolute rebellion against patriarchal rules further reveals and strongly criticizes the unreasonable, unequal, and inhuman nature of the patriarchy 展开更多
关键词 ROCHESTER FEMINIST PATRIARCHY REVOLT
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Intergenerational Justice: Rights versus Fairness
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作者 Makoto Usami 《Journal of Philosophy Study》 2011年第4期237-246,共10页
Among various views on intergenerational justice, the most widely accepted theory invokes the rights of future generations. However, the rights theory seems to suffer from the non-identity problem addressed by Derek P... Among various views on intergenerational justice, the most widely accepted theory invokes the rights of future generations. However, the rights theory seems to suffer from the non-identity problem addressed by Derek Parfit. Some rights theorists attempt to circumvent the problem by examining causal links between actions taken by preceding generations and their effects on succeeding ones, Others try to do so by replacing future individual rights with such collective rights. This paper argues that both individualist and collectivist versions of the rights theory fail to supply grounds for intergenerational concern. The paper then offers an alternative theory that refines the idea of duty of fair play developed by John Rawls and applies it to the context of intergenerational relationships. To begin with, I identify several characteristics of posterity and explicate the adverse implications these characteristics have for other major theories of intertemporal concern than the rights theory. Next, different versions of the rights theory are closely examined from the perspective of the non-identity problem. Then, I offer an alternative argument for caring about future people, which is founded on the idea of intergenerational fair play. This paper concludes by noting that the fairness theory, unlike its rivals, does not face the non-identity problem or any other problems stemming from the features of posterity previously identified. 展开更多
关键词 duty of fair play non-identity problem resourcism rights of future generations sufficientarianism
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Cosmopolitan Democracy and Democratic Public Law
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作者 Mohammad Tohidfam 《Journal of Philosophy Study》 2012年第8期567-578,共12页
Cosmopolitan democracy model is presented by David Held, beyond idealistic perspectives of left and right ideologies, mainly with a legal view, and found a global impact. As a prominent theorist in the field of democr... Cosmopolitan democracy model is presented by David Held, beyond idealistic perspectives of left and right ideologies, mainly with a legal view, and found a global impact. As a prominent theorist in the field of democracy studies, David Held, by integrating the principle of autonomy in the model of constitutional democracy with the principle of participation in the model of participatory democracy, introduces a novel composition named "cosmopolitan democracy" that is a conception of democratic legal relations. Held is the first man who seeks to investigate democracy separated from the ideological models in relation to general human rights and identifies main areas of power in human life. He considers totally seven sets of rights necessarily enabling people to enjoy a free and equal participation in setting their communities. These rights include: right to health, welfare rights, cultural rights, civil rights, economic rights, political rights, and the right to enjoy a peaceful livelihood. Held's ultimate desire is to realize ideals of cosmopolitan democracy model in the global sphere, beyond the lessons of the West and the East. Through rethinking the theoretical and practical frameworks of this theory in today's world, the current paper seeks to study its role in reproducing democratic realism so that it would prepare the ground for the global consensus far from the ideal models. 展开更多
关键词 David Held DEMOCRACY global democracy democratic public law cosmopolitan democracy
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Rise of the Right and Regression of the Left in Latin America
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作者 Fang Xufei 《Contemporary International Relations》 2018年第1期66-78,共13页
Though the turn to the right in Latin America will continue over the short term, the left has not diminished and its resurgence remains possible. The political situation in Latin America has undergone dramatic changes... Though the turn to the right in Latin America will continue over the short term, the left has not diminished and its resurgence remains possible. The political situation in Latin America has undergone dramatic changes since 2015, when an ebbing of the"pink tide"and rise of the right in several countries occurred, coupled with US support to the right.Flexible political strategies and rightists' political pragmatism are occurring as the continent's middle class expands, coupled with US support to the right. Some conditions that promote the right's revival remain operative, but for the new right regimes, addressing economic vitality, the wellbeing of the poor, corruption, and divisions from within are imminent challenges against which a left resurgence has competitive ground. 展开更多
关键词 the Left the Right Latin American politics
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银行为何输了这桩贷款官司?
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作者 姜义飞 《中国农村金融》 2014年第22期69-70,共2页
贷款催收作为一项重要的不良处置手段,也是维护信贷资产安全的最后一道"防线"。催收方式存在瑕疵,会造成债权主张不被认定基本案情早在2000年11月1 7日,王某在银行申请贷款100万元,2001年11月16日到期。贷款到期后,经银行催收... 贷款催收作为一项重要的不良处置手段,也是维护信贷资产安全的最后一道"防线"。催收方式存在瑕疵,会造成债权主张不被认定基本案情早在2000年11月1 7日,王某在银行申请贷款100万元,2001年11月16日到期。贷款到期后,经银行催收,王某偿还了部分利息,本金未还。2005年10月24日,银行向王某发出逾期贷款催收通知书,王某在通知书上签名确认。2007年10月11日和2008年9月16日。 展开更多
关键词 诉讼时效 资产安全 借款人 当事人一方 资产损失 民法通则 完全行为能力 防范建议 法律保护 权利主
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Global Development Equity: Its Ethical Nature and Historical Construction--With a Discussion of the Essence and Problems of the "Theory of China's Neo-colonialism"
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作者 Chen Zhong 《Social Sciences in China》 2011年第2期35-50,共16页
Global development equity is a concrete unity of the ethics of rights and responsibilities, modern and historical ethics, subject-centered and ecological ethics, and individual and collective ethics. Its construction ... Global development equity is a concrete unity of the ethics of rights and responsibilities, modern and historical ethics, subject-centered and ecological ethics, and individual and collective ethics. Its construction requires prolonged effort and a comprehensive grasp of modernity, the laws of social development and the overall logic of social development, as well as an all-around readjustment of concepts, institutions and behaviors. Within the concrete and historical unity of rights and responsibilities, "the unity of limited global rights and limited global responsibilities" is an important principle for constructing global development equity. Declarations that China is practicing neo-colonialism are in fact inherently associated with Eurocentrism. The peaceful, joint and comprehensive development of China and other developing countries and China's historical advancement of global development equity are practical refutations of such assertions. 展开更多
关键词 developmental ethics global responsibility global rights eolonialism Chinese model
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