System hazards in managing laboratory test requests and results in primary care: medical protection database analysis and conceptual model

Objectives To analyse a medical protection organisation's database to identify hazards related to general practice systems for ordering laboratory tests, managing test results and communicating test result outcomes to patients. To integrate these data with other published evidence sources to inform design of a systems-based conceptual model of related hazards. Design A retrospective database analysis. Setting General practices in the UK and Ireland. Participants 778 UK and Ireland general practices participating in a medical protection organisation's clinical risk self-assessment (CRSA) programme from January 2008 to December 2014. Main outcome measures Proportion of practices with system risks; categorisation of identified hazards; most frequently occurring hazards; development of a conceptual model of hazards; and potential impacts on health, well-being and organisational performance. Results CRSA visits were undertaken to 778 UK and Ireland general practices of which a range of systems hazards were recorded across the laboratory test ordering and results management systems in 647 practices (83.2%). A total of 45 discrete hazard categories were identified with a mean of 3.6 per practice (SD=1.94). The most frequently occurring hazard was the inadequate process for matching test requests and results received (n=350, 54.1%). Of the 1604 instances where hazards were recorded, the most frequent was at the ‘postanalytical test stage’ (n=702, 43.8%), followed closely by ‘communication outcomes issues’ (n=628, 39.1%). Conclusions Based on arguably the largest data set currently available on the subject matter, our study findings shed new light on the scale and nature of hazards related to test results handling systems, which can inform future efforts to research and improve the design and reliability of these systems

Dilution\u27s (Still) Uncertain Future

Dilution looked to be a potent weapon when Congress introduced it as § 43(c) of the Lanham Act in 1995. Indeed, some observers feared that it would be too potent (and in some contexts, such as cybersquatting, it successfully augmented traditional causes of action). But a series of court decisions, culminating in the Supreme Court’s 2003 Moseley v. V Secret Catalogue opinion, weakened dilution protection so profoundly that what remained wasn’t of much consequence. Congress has recently sought to breathe new life into dilution law, enacting the Trademark Dilution Revision Act of 2006 (“TDRA”). Some might see this as a legislative resuscitation of § 43(c), but it’s not quite accurate to characterize the TDRA in such categorical terms. On the one hand, the TDRA adopts a likelihood of dilution standard, abrogating the holding of V Secret. In addition, the TDRA expressly endorses tarnishment and blurring as forms of dilution, clarifies that dilution protection is available for marks that have acquired distinctiveness, eliminates “commercial” use as an element of the prima facie claim, and acknowledges, albeit in a back-handed manner, that dilution protection is available for trade dress. On the other hand, the TDRA also tightens the fame prerequisite, shuts the door to new forms of dilution, and arguably makes the use requirement stricter in other respects, all moves that may make dilution actions harder to sustain

Confusion Over Use: Contextualism in Trademark Law

This paper tackles an intellectual property theory that many scholars regard as fundamental to future policy debates over the scope of trademark protection: the trademark use theory. We argue that trademark use theory is flawed and should be rejected. The adoption of trademark use theory has immediate practical implications for disputes about the use of trademarks in online advertising, merchandising, and product design, and has long-term consequences for other trademark generally. We critique the theory both descriptively and prescriptively. We argue that trademark use theory over-extends the search costs rationale for the trademark system, and that it unhelpfully elevates formalism over contextual analysis in trademark law rulemaking. The theory seeks determinate trademark rules in order to encourage a climate of certainty for innovators, but the concepts on which it is founded are likely to degenerate. We show that trademark use theorists ignores the multivalence of trademark law, and that adopting trademark use doctrines would result in less transparent trademark decisionmaking. Instead, we propose that trademark law retain its traditional preference for contextual analysis. We show in particular how a contextual analysis would offer an approach to trademark disputes involving online advertising that better captures the potential of trademark law to police new information markets. Our analysis contemplates individualized assessments according to common law standards, but opens up policy space for the development of limited statutory safe harbors for intermediaries such as search engines

Repeat prescribing of medications: a system-centred risk management model for primary care organisations

Rationale, aims and objectives: Reducing preventable harm from repeat medication prescriptions is a patient safety priority worldwide. In the United Kingdom, repeat prescriptions items issued has doubled in the last 20 years from 5.8 to 13.3 items per patient per annum. This has significant resource implications and consequences for avoidable patient harms. Consequently, we aimed to test a risk management model to identify, measure, and reduce repeat prescribing system risks in primary care. Methods: All 48 general medical practices in National Health Service (NHS) Lambeth Clinical Commissioning Group (an inner city area of south London in England) were recruited. Multiple interventions were implemented, including educational workshops, a web-based risk monitoring system, and external reviews of repeat prescribing system risks by clinicians. Data were collected via documentation reviews and interviews and subject to basic thematic and descriptive statistical analyses. Results: Across the 48 participating general practices, 62 unique repeat prescribing risks were identified on 505 occasions (eg, practices frequently experiencing difficulty interpreting medication changes on hospital discharge summaries), equating to a mean of 8.1 risks per practice (range: 1-33; SD = 7.13). Seven hundred sixty-seven system improvement actions were recommended across 96 categories (eg, alerting hospitals to illegible writing and delays with discharge summaries) with a mean of 15.6 actions per practice (range: 0-34; SD = 8.0). Conclusions: The risk management model tested uncovered important safety concerns and facilitated the development and communication of related improvement recommendations. System-wide information on hazardous repeat prescribing and how this could be mitigated is very limited. The approach reported may have potential to close this gap and improve the reliability of general practice systems and patient safety, which should be of high interest to primary care organisations internationally

Knowledge capture to inform sustainable maritime operations

Knowledge capture to inform sustainable maritime operations Purpose - The purpose of this paper is to report an explicit taxonomy of maritime operations (MO) to guide Harbour Masters (HM)s of smaller ports in planning more sustainable operations. Design/methodology/approach - This research presents strategies for building theory to promote more sustainable port management in a two-stage research design. Starting from a base taxonomy in research stage one, ethnographic content analysis (ECA) of a sparse prior literature on MO generated a tentative taxonomy into a credible practitioner-informed final taxonomy. Findings - ECA offers researchers a powerful tool to analyse complex operational problems. In this paper MOs are represented in an explicit taxonomy. Practical implications - A final taxonomy of MOs guides sustainability strategy formulation by HMs and assists them to protect vital commercial revenues which serve supply chains and local communities. Originality/Value - An explicit final taxonomy of MO is derived using a novel methodology. The taxonomy guides sustainability strategy formulation and underpins subsequent planning of sustainable development policies

Trade Dress and Design Law

By the authors of the popular casebook Trademarks and Unfair Competition Law and Policy, Trade Dress and Design Law is ideal as the main text for an advanced course on trade dress and designs, or as a supplement to a range of Intellectual Property courses. In a manageable size, Dinwoodie and Janis offer an integrated and focused treatment of the various forms of Intellectual Property protection available for trade dress and designs. No other text provides in-depth treatment of the protection of trade dress and designs. To supplement your Intellectual Property course, or as the primary text for an advanced course on trade dress and design law, this title from the Elective Series gives you complete and focused coverage from two respected experts in the field.https://www.repository.law.indiana.edu/facbooks/1146/thumbnail.jp

Trademarks and Unfair Competition: Law and Policy, 4th edition

The many strands of trademark and unfair competition doctrine are carefully organized into a coherent conceptual framework divided into three parts: foundation and purposes, creation, and scope & enforcement. The traditional case-and-note format is enhanced by summarizing problems that help students understand intricate key topics. Trademarks and Unfair Competition features many issues related to the Internet, such as cybersquatting, keyword advertising, domain name disputes, the relationship between trademarks and domain name, and the potential secondary liability of online auction websites such as eBay. International as well as domestic issues are thoroughly explored. Comprehensive coverage of trade dress protection is integrated with issues of word mark protection. The Fourth Edition presents the Second Circuit’s important decision in Louboutin v. YSL as well as important new appellate decisions on functionality, including the Federal Circuit’s Becton Dickinson opinion and the decision of the Seventh Circuit in Franco & Sons. Also new to this edition: the Fourth Circuit’s decision in Rosetta Stone on trademark liability for keyword advertising and the Eleventh Circuit’s University of Alabama opinion on First Amendment limitations on the scope of trademark rights. New cases explore trademark fair use, including the DELICIOUS shoes case and the Tabari case on nominative fair use in connection with domain names. New applications of the trademark dilution are covered along with new anti-cybersquatting provisions, and new cases on remedies are introduced in the revised Fourth Edition.https://www.repository.law.indiana.edu/facbooks/1104/thumbnail.jp

Trademarks and Unfair Competition: Law and Policy, 5th edition

The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on (1) the creation of trademark rights; and (2) the scope & enforcement of trademark rights and some related causes of action. The traditional case-and-note format is enhanced by problems that help students understand intricate key topics. Trademarks and Unfair Competition features many issues related to online commerce, such as cybersquatting, keyword advertising, the relationship between trademarks and domain names, and the potential secondary liability of online auction websites such as eBay. International as well as domestic issues are thoroughly explored. Comprehensive coverage of trade dress protection is integrated with issues of word mark protection. New to the 5th Edition: the Tam and Brunetti decisions striking down the scandalousness and disparagement bars to registration extensive coverage of recent case developments on expressive uses of marks in political and artistic contexts the Belmora decision on well-known marks and developments on extraterritorial application of the Lanham Act. Key Features: coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues traditional case-and-note format, enhanced by problems thorough coverage of trademark issues arising in online commerce integrated coverage of international and domestic doctrine thorough treatment of trade dress protection, integrated with issues of word mark protectionhttps://www.repository.law.indiana.edu/facbooks/1201/thumbnail.jp

Trademarks and Unfair Competition: Law and Policy, 6th

The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on (1) the creation of trademark rights; and (2) the scope and enforcement of trademark rights and some related causes of action. The traditional case-and-note format is enhanced by problems that help students understand intricate key topics. New to the 6th Edition: Incorporates prominent new decisions, including the Booking.com case on genericness and the Brunetti case on vulgar marks Introduces useful new cases illustrating fundamental principles, such as the METCHUP case Deepens coverage of trade dress (including the POCKY functionality opinion) Probes new developments in online marketing Refines treatment of defenses, including the Rogers rule on expressive use and nominative fair use Summarizes the Trademark Modernization Act of 2020https://www.repository.law.indiana.edu/facbooks/1312/thumbnail.jp