Damages/Monetary Remedies for Trade Mark Infringement

I. Introduction: trade marks and innovation. II. A small mystery in the mechanisms for recovering money from trade mark infringers. III. What kinds of proprietor would find these provisions useful?. IV. Has s30(6) of the UK Trade Marks Act or Art 70(2) of the Community Trade Mark Regulation been applied in UK infringement actions?. V. Possible reasons why not. VI. Relationship between forms of trade mark infringement and money remedies. VII. Multiple parties and representative actions. VIII. Are there any signs of the English courts becoming less hostile to representative actions?. IX. ConclusionEn relación con la innovación, una cuestión a debate es en qué medida el Derecho de marcas contribuye a la innovación. En este contexto, la protección del carácter distintivo de la marca resulta de gran importancia para su titular y otros sujetos (consumidores, licenciatarios, competidores leales), considerando, además, que cuando se vulnera el derecho de marca, personas distintas del titular pueden sufrir perjuicios. El presente artículo se centra en el mecanismo especial del Derecho de marcas, según el cual el titular de la marca registrada puede reclamar, por cuenta de las personas facultadas para utilizar la marca, la reparación del daño que éstas hayan sufrido por el uso no autorizado de la marca.Related within innovation, a question which arises is how trade marks and their protection may assist innovation. In this context, protecting the distinctive character of a trade mark is important to the trade mark proprietor and other actors (consumers, licensees, honest competitors). When a trade mark is infringed, persons other than the registered proprietor may suffer detriment. The paper focuses on a mechanism special to trade mark law, whereby the registered proprietor of a trade mark may recover damages on behalf of licensees who are not parties to the infringement action

'Shadowy Copies'? Film Adaptations of the Second Austrian Republic

For many years adaptation has been passed between literature and film studies, frequently dismissed as ‘shadowy copies’ and parasitic reproductions, the unwanted bastard child of the disciplines searching in vain for an academic home. Despite the emergence of insightful new scholarship into the development of Austrian film in the twentieth century, the role of the adaptation genre within Austria’s film industry and literary landscape remains an academic blind spot. This study aims to address this gap in critical knowledge, reviewing the potential function of filmic adaptations within the field of Austrian studies. Through five case studies of canonical works of post-war Austrian literature, this thesis sets out to establish adaptation both as a critical tool through which to approach literature and as an object of academic interest in its own right. Drawing on psychoanalytic theory and its application in film studies, these studies compare and contrast the position occupied by the film’s implied spectator with the relationship of the implied reader to the literary text. Rereading the novels retrospectively in light of their adaptations, this approach has the ability to ‘light up dark corners’ of the novels, illuminating those aspects hitherto left in the shadows by literary criticism. It will be argued that adaptation is uniquely positioned to hold up a mirror to literary texts, reflecting their concerns not through the filters of established grand narratives and generic taxonomies but through their creative, cinematic reworking of the novels. In challenging those assumptions that have become commonplace within Austrian literary history, this study calls for a more nuanced approach to literature of the Second Republic and proposes adaptation as the means by which this may be achieved

A mechanical strain model for the assessment of periodontal ligament cell endoplasmic reticulum stress in three-dimensional culture

Introduction: The cellular basis of orthodontic tooth movement is complex, and is mediated by the biological responses of cells in the periodontal ligament (PDL) and alveolar bone. Appropriate homeostatic cytokine balance is essential for the safe and reliable induction of tooth movement. The endoplasmic reticulum (ER) plays a major role in maintaining homeostasis, with ER stress activating the unfolded protein response (UPR), potentially resulting in apoptotic cell death. Objectives: 1) To validate a 3D-hydrogel model in which to culture human PDL cells and 2) To examine cell viability, apoptosis, and the expression of ER stress- and UPR-related genes following the application of mechanical strain (mimicking orthodontic tooth movement) to PDL cells. Materials and Methods: Primary cultures of PDL cells were obtained from premolar teeth that were extracted from three individuals for orthodontic reasons. Viability and apoptosis assays were used to profile the time required by cultured PDL cells to establish themselves in hydrogel and assess their optimal seeding density. Non-strained PDL cells were used as controls. Optimal gel constitution and seeding density were determined and the cells were subjected to 24 hours of static mechanical strain (18% dimensional substrate elongation). Results: A tendency for reduced cell viability was observed following the application of mechanical strain to both 2D and 3D cultures of PDL cells (cell viability of strained 2D and 3D cells was 83% and 73.1% respectively, of control values), while there was no difference in caspase activity. For monolayer samples, the gene LOX (involved in cross-linking of collagen and elastin) demonstrated a tendency to be upregulated following mechanical strain (mean fold-regulation = 9,22, p = 0.25). In 3D samples, a number of UPR-related genes were differentially upregulated; including CREB3L3 (mean fold-regulation = 1.91, p = 0.063), which plays a role in the acute inflammatory response, and DDIT3 (mean fold- regulation = 17.0, p = 0.438), a well-established pro-apoptotic factor in the UPR. Conclusions: A model for the application of mechanical strain to 3D cultures of PDL cells has been validated. While a reduction in cell viability was observed following strain, an increase in caspase activity was not evident, thus the reduction in viability appears to be mediated via caspase-3/7-independent mechanisms. There is potential for the UPR to be involved in OTM, and future experiments could include increased strain periods and varying strain magnitudes

Social cognition in multiple sclerosis:A systematic review and meta-analysis

Objective: To quantify the magnitude of deficits in theory of mind (ToM) and facial emotion recognition among patients with multiple sclerosis (MS) relative to healthy controls. Methods: An electronic database search of Ovid MEDLINE, PsycINFO, and Embase was conducted from inception to April 1, 2016. Eligible studies were original research articles published in peer-reviewed journals that examined ToM or facial emotion recognition among patients with a diagnosis of MS and a healthy control comparison group. Data were independently extracted by 2 authors. Effect sizes were calculated using Hedges g. Results: Twenty-one eligible studies were identified assessing ToM (12 studies) and/or facial emotion recognition (13 studies) among 722 patients with MS and 635 controls. Deficits in both ToM (g -0.71, 95% confidence interval [CI] -0.88 to -0.55, p < 0.001) and facial emotion recognition (g -0.64, 95% CI -0.81 to -0.47, p < 0.001) were identified among patients with MS relative to healthy controls. The largest deficits were observed for visual ToM tasks and for the recognition of negative facial emotional expressions. Older age predicted larger emotion recognition deficits. Other cognitive domains were inconsistently associated with social cognitive performance. Conclusions: Social cognitive deficits are an overlooked but potentially important aspect of cognitive impairment in MS with potential prognostic significance for social functioning and quality of life. Further research is required to clarify the longitudinal course of social cognitive dysfunction, its association with MS disease characteristics and neurocognitive impairment, and the MS-specific neurologic damage underlying these deficits

Phase of Illness in palliative care: Cross-sectional analysis of clinical data from community, hospital and hospice patients

© 2017, © The Author(s) 2017. Background: Phase of Illness describes stages of advanced illness according to care needs of the individual, family and suitability of care plan. There is limited evidence on its association with other measures of symptoms, and health-related needs, in palliative care. Aims: The aims of the study are as follows. (1) Describe function, pain, other physical problems, psycho-spiritual problems and family and carer support needs by Phase of Illness. (2) Consider strength of associations between these measures and Phase of Illness. Design and setting: Secondary analysis of patient-level data; a total of 1317 patients in three settings. Function measured using Australia-modified Karnofsky Performance Scale. Pain, other physical problems, psycho-spiritual problems and family and carer support needs measured using items on Palliative Care Problem Severity Scale. Results: Australia-modified Karnofsky Performance Scale and Palliative Care Problem Severity Scale items varied significantly by Phase of Illness. Mean function was highest in stable phase (65.9, 95% confidence interval = 63.4–68.3) and lowest in dying phase (16.6, 95% confidence interval = 15.3–17.8). Mean pain was highest in unstable phase (1.43, 95% confidence interval = 1.36–1.51). Multinomial regression: psycho-spiritual problems were not associated with Phase of Illness (χ 2 = 2.940, df = 3, p = 0.401). Family and carer support needs were greater in deteriorating phase than unstable phase (odds ratio (deteriorating vs unstable) = 1.23, 95% confidence interval = 1.01–1.49). Forty-nine percent of the variance in Phase of Illness is explained by Australia-modified Karnofsky Performance Scale and Palliative Care Problem Severity Scale. Conclusion: Phase of Illness has value as a clinical measure of overall palliative need, capturing additional information beyond Australia-modified Karnofsky Performance Scale and Palliative Care Problem Severity Scale. Lack of significant association between psycho-spiritual problems and Phase of Illness warrants further investigation

Stakeholder priorities for multi-functional coastal defence developments and steps to effective implementation

To fulfil international conservation commitments, governments have begun to recognise the need for more proactive marine planning policies, advocating sensitive engineering design that can deliver secondary benefits above and beyond the primary purpose of developments. In response, there is growing scientific interest in novel multi-functional coastal defence structures with built-in secondary ecological and/or socio-economic benefits. To ensure research efforts are invested effectively, it is first necessary to determine what secondary benefits can potentially be built-in to engineered coastal defence structures, and further, which of these benefits would be most desirable. It is unlikely that secondary benefits are perceived in the same way across different stakeholder groups. Further, their order of priority when evaluating different options is unlikely to be consistent, since each option will present a suite of compromises and trade-offs. The aim of this study was to investigate stakeholder attitudes towards multi-functional coastal defence developments across different sector groups. A preliminary questionnaire indicated unanimous support for implementing multi-functional structures in place of traditional single-purpose ones. This preliminary survey informed the design of a Delphi-like study, which revealed a more nuanced and caveated level of support from a panel of experts and practitioners. The study also elicited a degree of consensus that the most desirable secondary benefits that could be built-in to developments would be ecological ones – prioritised over social, economic and technical benefits. This paper synthesises these findings, discusses the perceived barriers that remain, and proposes a stepwise approach to effective implementation of multi-functional coastal defence developments

Multiple spatial behaviours govern social network positions in a wild ungulate

The structure of wild animal social systems depends on a complex combination of intrinsic and extrinsic drivers. Population structuring and spatial behaviour are key determinants of individuals’ observed social behaviour, but quantifying these spatial components alongside multiple other drivers remains difficult due to data scarcity and analytical complexity. We used a 43‐year dataset detailing a wild red deer population to investigate how individuals’ spatial behaviours drive social network positioning, while simultaneously assessing other potential contributing factors. Using Integrated Nested Laplace Approximation (INLA) multi‐matrix animal models, we demonstrate that social network positions are shaped by two‐dimensional landscape locations, pairwise space sharing, individual range size, and spatial and temporal variation in population density, alongside smaller but detectable impacts of a selection of individual‐level phenotypic traits. These results indicate strong, multifaceted spatiotemporal structuring in this society, emphasising the importance of considering multiple spatial components when investigating the causes and consequences of sociality