我國均等論實務之發展——由最高法院102年度台上字第1986號判決觀察 The Practical Development of Doctrine of Equivalents in the Supreme Court of Taiwan —A Survey of 2013 Tai Shang No. 1986 Decision [PDF]
均等論為實務與學者於專利侵害判斷所確立之原則,惟最高法院過去判決被論者指未試圖建立均等論之理由與體系。最高法院102 年度台上字第1986 號判決首次將專利均等侵害之內容作實質論述,上開論述相較於美、日二國均等論見解,有其差異以及未來仍有待再加補充闡釋之處。但該判決意旨相較於過往學者所指最高法院未能建立均等論之理由與體系之問題,已做出正面之回應,對於探討我國未來均等論實務理論之發展與建構,具有重要意義。本文由美、日二國均等侵害判斷之原則及其限制之介紹說明,對照最高法院上述均等侵害之判決見解 ...
陳國成 Kuo-Cheng Chen
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Determining hierarchy between conflicting treaties: are there vertical rules in the horizontal system? [PDF]
Treaties are contractual instruments that may provide special rules of priority in case they conflict with other treaties. When a treaty does not provide such rules, however, priority is determined by the rules of the Vienna Convention on the Law of ...
BORGEN+6 more
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Universality of Zipf's Law [PDF]
Zipf's law is the most common statistical distribution displaying scaling behavior. Cities, populations or firms are just examples of this seemingly universal law.
Murtra, Bernat Corominas, Solé, Ricard
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In the context of the codification of China’s Civil Code, the academic consensus has been to make commercial legislation systematic and establish commercial norms with proper legislative expression.
Zhong Kai
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On the generalization of the Brewster Law [PDF]
n ...
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OUTLINE OF A GENERAL THEORY OF SYSTEMIC CONSTITUCIONALISM FOR WORLD SOCIETY
The present article aims to present to academic community the outline of a general theory of systemic constitutionalism. The method used was the functionalist, based on Niklas Luhmann’s theory of autopoietic systems. The instrumental (technical) research
Fernando Tonet+1 more
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Rapprochement of the Russian Church Abroad with the Old Style Movement during Metropolitan Filaret’s (Voznesensky) life [PDF]
The article is devoted to the history of rapprochement and rupture of the Russian Orthodox Church Abroad (ROCA) and the Greek old-style movement during the life of Metropolitan Philaret (Voznesensky).
Andrey Kostryukov
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Preparation of National Constitutions of Candidate Countries for Accession [PDF]
In most candidate countries, enlargement will contribute most likely to the constitutional modernization of the country. The EU accession will be a fundamental landmark in this respect.
Alfred E. Kellermann
doaj
Border guard peacetime capacities to counter armed diversionary operations carried out by external entities in the border zone of the Republic of Poland. Analysis and proposals [PDF]
The article focuses on the possibility of carrying out subversive actions in eastern Poland in the current geopolitical situation. For this purpose, the authors have explained the essence of the undertakings referred to as subversion and diversionary ...
Karol Falandys+2 more
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Borges Dilemma, Fundamental Laws, and Systems Biology [PDF]
I reason here that the known folk law in biology that there is no general law in biology because of exceptions is false. The (quantitative) systems biology offers the potential to solve the Borges Dilemma, by transcending it.
Ao, P
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