THE EVOLVING THREAT AND ENFORCEMENT OF REPLICA GOODS

Of all the instances and schemes for infringing and counterfeiting trademark rights, perhaps none has been as successful and insidious as “replicas.” The term “replica,” when applied, for instance, to a watch or handbag, is synonymous with “counterfeit.” Both terms are used to describe a product that is an exact and unauthorized copy of an authentic product. While some street merchants may call their counterfeit products “replicas,” the designation exploded in popularity on the thousands of websites that boast look-alike counterfeit products. The popularity of “replica” goods is largely dependent on the absence of liability for manufacturers of these transient and low-cost goods, coupled with the public’s quest for a luxury image without the luxury good price. The prevalence of replica goods and the never-ending demand for them has created an unprecedented enforcement challenge for trademark owners. This Article discusses the issue of replicas and the difficulty in applying liability. It addresses the difficulty in convincing consumers that replica goods are harmful, absent some personal liability. United States Customs even permits those traveling to the United States to import one counterfeit good, such as a handbag or item of clothing, so long as it is intended for personal use. How can trademark owners persuade consumers that all counterfeiting is a crime, when certain circumstances allow—or in the case of replicas, at least appear to condone—counterfeit products? The Author concludes that trademark owners must be proactive and search for alternative ways to enforce their intellectual property rights, including holding third parties liable for infringement

National assessment of threatened species using sparse data: IUCN Red List classification of Anatidae in Iran

Classifying the status of threatened species using tools such as the IUCN Red List is a critical step for identifying at-risk species, and for conservation planning at global and sub-global levels. The requirement for data on population trends, geographic ranges and population sizes has proved challenging to carry out at the national level, especially in countries with unstructured and spatially limited monitoring schemes and limited conservation resources. In this study, we investigated the repeatability of risk assessments made under the IUCN Red List guidelines for assessment at the national level. Specifically, we assessed the national threat status of breeding and non-breeding populations of Anatidae in Iran using population and distribution data. The variable quality of these data led to uncertainties in decision-making. To evaluate the impact of these uncertainties on population trend estimates, we generated a range of alternative possible threat categories under three scenarios of population trend estimation. For the non-breeding populations, for which long-term population data were available, we were able to classify 93% of species, 72% of which were placed in threatened categories. For the breeding populations, 78% of the species were categorized as Data Deficient. Of those species in data-sufficient categories, 67% were classified as threatened. We conclude that effective use of the IUCN categories and criteria at the national level is hampered in situations where monitoring schemes have a short history. Therefore, available data need to be complemented with some level of standardized data collection. We further make suggestions about efficient means of data collection in such cases and the importance of the use of modeling techniques prior to Red Listing and discuss the most useful IUCN criteria for threat categorization in such circumstances

THE EVOLVING THREAT AND ENFORCEMENT OF REPLICA GOODS

Of all the instances and schemes for infringing and counterfeiting trademark rights, perhaps none has been as successful and insidious as “replicas.” The term “replica,” when applied, for instance, to a watch or handbag, is synonymous with “counterfeit.” Both terms are used to describe a product that is an exact and unauthorized copy of an authentic product. While some street merchants may call their counterfeit products “replicas,” the designation exploded in popularity on the thousands of websites that boast look-alike counterfeit products. The popularity of “replica” goods is largely dependent on the absence of liability for manufacturers of these transient and low-cost goods, coupled with the public’s quest for a luxury image without the luxury good price. The prevalence of replica goods and the never-ending demand for them has created an unprecedented enforcement challenge for trademark owners. This Article discusses the issue of replicas and the difficulty in applying liability. It addresses the difficulty in convincing consumers that replica goods are harmful, absent some personal liability. United States Customs even permits those traveling to the United States to import one counterfeit good, such as a handbag or item of clothing, so long as it is intended for personal use. How can trademark owners persuade consumers that all counterfeiting is a crime, when certain circumstances allow—or in the case of replicas, at least appear to condone—counterfeit products? The Author concludes that trademark owners must be proactive and search for alternative ways to enforce their intellectual property rights, including holding third parties liable for infringement

Choice of baseline affects historical population trends in hunted mammals of North America

Establishing historical baselines of species' populations is important for contextualising present-day population trends, identifying significant anthropogenic threats, and preventing a cultural phenomenon known as ‘shifting baseline syndrome’. However, our knowledge of historical baselines is limited by a lack of direct observation data on species abundance pre-1970. We present historical data of species-specific fur harvests from the Canadian government and Hudson's Bay Company as a proxy for estimating species abundance over multiple centuries. Using stochastic stock reduction analysis originally developed for marine species, we model historical population trends for eight mammals, and assess population trends based on two different baseline years: 1850 and 1970. Results show that population declines are significantly greater when using an 1850 baseline, as opposed to a 1970 baseline, and for four species, the population trend shifted from a population increase to a decrease. Overall, the median population change of the eight species changed from a 15% decline for 1850, to a 4% increase for 1970. This study shows the utility of harvest data for deriving population baselines for hunted terrestrial mammals which can be used in addition to other historical data such as local ecological knowledge. Results highlight the need for developing historically relevant population baselines in order to track abundances over time in threatened species and common species alike, to better inform species conservation programs, wildlife management plans and biodiversity indicators

Mutant and chimeric recobinant plasminogen activatorsproduction in eukaryotic cellsand preliminary characterization

Mutant urokinase-type plasminogen activator (u-PA) genes and hybrid genes between tissue-type plasminogen activator (t-PA) and u-PA have been designed to direct the synthesis of new plasminogen activators and to investigate the structure-function relationship in these molecules. The following classes of constructs were made starting from cDNA encoding human t-PA or u-PA: 1) u-PA mutants in which the Arg156 and Lys158 were substituted with threonine, thus preventing cleavage by thrombin and plasmin; 2) hybrid molecules in which the NH2-terminal regions of t-PA (amino acid residues 1-67, 1-262, or 1-313) were fused with the COOH-terminal region of u-PA (amino acids 136-411, 139-411, or 195-411, respectively); and 3) a hybrid molecule in which the second kringle of t-PA (amino acids 173-262) was inserted between amino acids 130 and 139 of u-PA. In all cases but one, the recombinant proteins, produced by transfected eukaryotic cells, were efficiently secreted in the culture medium. The translation products have been tested for their ability to activate plasminogen after in situ binding to an insolubilized monoclonal antibody directed against urokinase. All recombinant enzymes were shown to be active, except those in which Lys158 of u-PA was substituted with threonine. Recombination of structural regions derived from t-PA, such as the finger, the kringle 2, or most of the A-chain sequences, with the protease part or the complete u-PA molecule did not impair the catalytic activity of the hybrid polypeptides. This observation supports the hypothesis that structural domains in t-PA and u-PA fold independently from one to another

Toward equality of biodiversity knowledge through technology transfer

To help stem the continuing decline of biodiversity, effective transfer of technology from resource-rich to biodiversity-rich countries is required. Biodiversity technology as defined by the Convention on Biological Diversity (CBD) is a complex term, encompassing a wide variety of activities and interest groups. As yet, there is no robust framework by which to monitor the extent to which technology transfer might benefit biodiversity. We devised a definition of biodiversity technology and a framework for the monitoring of technology transfer between CBD signatories. Biodiversity technology within the scope of the CBD encompasses hard and soft technologies that are relevant to the conservation and sustainable use of biodiversity, or make use of genetic resources, and that relate to all aspects of the CBD, with a particular focus on technology transfer from resource-rich to biodiversity-rich countries. Our proposed framework introduces technology transfer as a response indicator: technology transfer is increased to stem pressures on biodiversity. We suggest an initial approach of tracking technology flow between countries; charting this flow is likely to be a one-to-many relationship (i.e., the flow of a specific technology from one country to multiple countries). Future developments should then focus on integrating biodiversity technology transfer into the current pressure-state-response indicator framework favored by the CBD (i.e., measuring the influence of technology transfer on changes in state and pressure variables). Structured national reporting is important to obtaining metrics relevant to technology and knowledge transfer. Interim measures, that can be used to assess biodiversity technology or knowledge status while more in-depth indicators are being developed, include the number of species inventories, threatened species lists, or national red lists; databases on publications and project funding may provide measures of international cooperation. Such a pragmatic approach, followed by rigorous testing of specific technology transfer metrics submitted by CBD signatories in a standardized manner may in turn improve the focus of future targets on technology transfer for biodiversity conservation

Simplification of Caribbean Reef-Fish Assemblages over Decades of Coral Reef Degradation

Caribbean coral reefs are becoming structurally simpler, largely due to human impacts. The consequences of this trend for reef-associated communities are currently unclear, but expected to be profound. Here, we assess whether changes in fish assemblages have been non-random over several decades of declining reef structure. More specifically, we predicted that species that depend exclusively on coral reef habitat (i.e., habitat specialists) should be at a disadvantage compared to those that use a broader array of habitats (i.e., habitat generalists). Analysing 3727 abundance trends of 161 Caribbean reef-fishes, surveyed between 1980 and 2006, we found that the trends of habitat-generalists and habitat-specialists differed markedly. The abundance of specialists started to decline in the mid-1980s, reaching a low of ~60% of the 1980 baseline by the mid-1990s. Both the average and the variation in abundance of specialists have increased since the early 2000s, although the average is still well below the baseline level of 1980. This modest recovery occurred despite no clear evidence of a regional recovery in coral reef habitat quality in the Caribbean during the 2000s. In contrast, the abundance of generalist fishes remained relatively stable over the same three decades. Few specialist species are fished, thus their population declines are most likely linked to habitat degradation. These results mirror the observed trends of replacement of specialists by generalists, observed in terrestrial taxa across the globe. A significant challenge that arises from our findings is now to investigate if, and how, such community-level changes in fish populations affect ecosystem function

Reverse-correlating mental representations of sex-typed bodies: the effect of number of trials on image quality

Sex categorization is a critical process in social perception. While psychologists have long theorized that perceivers have distinct mental representations of men and women that help them to achieve efficient sex categorizations, researchers have only recently begun using reverse-correlation to visualize the content of these mental representations. The present research addresses two issues concerning this relatively new methodological tool. First, previous studies of reverse-correlation have focused almost exclusively on perceivers' mental representations of faces. Our study demonstrates that this technique can also be used to visualize mental representations of sex-typed bodies. Second, most studies of reverse-correlation have employed a relatively large number of trials (1000+) to capture perceivers' mental representations of a given category. Our study demonstrated that, at least for sex-typed representations of bodies, high quality reverse-correlation images can be obtained with as few as 100 trials. Overall, our findings enhance knowledge of reverse-correlation methodology in general and sex categorization in particular, providing new information for researchers interested in using this technique to understand the complex processes underlying social perception

An assessment of threats to Anatidae in Iran

The network of wetland systems in Iran provides valuable staging and wintering areas for waterbirds in the African-Western Eurasian flyways. The West Siberian/Caspian/Nile populations of Anatidae (ducks, geese and swans) regularly overwinter and stop over in Iran, and are considered an economically and culturally important group of birds in the country. Conservation of such migratory birds requires the identification of key threat factors impacting them throughout the flyway. Since documented data on the status and threats facing Anatidae in Iran are very scarce, in this paper, we attempted to determine the general population trends for the 26 Anatidae species in Iran, using annual waterbird census data, and to identify and score the most important threat factors affecting each species, by consulting the top ornithologists and professional birdwatchers in the country by means of a survey. Our results indicate that the most prevalent threats affecting all 26 species are dam construction, water management practices, and hunting. Our results provide the necessary material for Red List assessment of these species at the national level, an important tool for conservation priority setting within Iran and in the flyway