反倾销的滥用及其贸易保护主义效应

近年来,反倾销这种对不正当竞争行为的补救措施出现了滥用的趋势。对反倾销措施的不正当使用使实施国的某些企业除受到保护之外,还可以获得额外的利益,而反倾销的目标国的企业则受到了严重的损害。这种滥用反倾销的行为日益受到各国的关注。这种滥用行为可以通过政府间的斡旋,诉诸争端解决机制,或谈判修订有关规则而得到制约。     

跨国公司知识产权滥用行为界定与治理探析

在华跨国公司不仅对"知识产权滥用"的界定存在分歧,而且对于"知识产权滥用"的使用似乎也有泛滥之势。本文遵循私益与公益相对平衡的原则,通过梳理、解读在华跨国公司知识产权滥用的典型行为,借用反不正当竞争法及反垄断法等,对在华跨国公司知识产权滥用行为的治理提出建议。     

国际贸易中知识产权滥用的概念及判定标准分析——以美国判例、立法及TRIPS为背景

知识产权滥用的判定标准一直是一个极具争议的问题。美国相关判例及立法对于知识产权滥用的判定标准也是非常不确定的,目前在分析知识产权滥用时朝着融合反托拉斯法的标准上发展。TRIPS协议则对于国际贸易领域知识产权滥用做出了规定,我们可以合理地推导出它对于滥用的三项判定标准。在此基础上,本文提出国际贸易中的知识产权滥用应该是指在国际贸易中,拥有市场优势地位的知识产权人在行使其权利时故意超越法律所允许的范围或者正当的界限,限制或妨碍自由公平竞争,损害他人以及社会公共利益的不正当行为,为此提出了作为判定标准的四项构成要件。     

禁止知识产权滥用：公法与私法的价值契合——以知识产权法与反垄断法为视角

近年来,由于企业避免沉没成本的现实要求与企业作为经济人本性的使然,知识产权滥用有愈演愈烈之势。滥用知识产权会妨碍竞争,扰乱自由、公平的竞争秩序,有损经济发展。反垄断法作为经济宪章有必要对知识产权滥用行为进行规制。反垄断法与知识产权法在效率和利益价值目标上具有趋同性,功能上具有互补性,具有禁止知识产权滥用的连接点功能。     

The Hierarchical Abuse of Power in Work Organizations

Although much theoretical and empirical research has examined organizational power, virtually none has addressed the hierarchical abuse of power in organizations. Managers' incentives and discretion and subordinates' dependencies define the abuse of power as an important organizational issue. This paper offers a conceptualization and process model to help further theoretical and applied understanding, and it considers the ethical nature of power abuse. Two dimensions, disrespect for individual dignity and interference with job performance or deserved rewards, conceptualize the interpersonal abuse of power. Behavioral examples of each dimension are provided.The process model delineates powerholders' motives to abuse power and indicates individual attributes that increase the probability of their pur-suing these motives. Organizational conditions that allow or encourage the abuse of power and managers' particular sources of power interact with these motives and attributes to define decisions about abusing power. Norms and considerations of risk influence these decisions. The decision to abuse power leads to the enactment of power strategies, and they generate intended and unintended outcomes. The process model presented here recognizes an emotional component of the hierarchical abuse of power.     

商品零售中滥用优势地位行为的法律调整——兼评《反不正当竞争法(修改稿)》之完善

滥用优势地位行为通常表现在交易中具有优势地位的一方违背正常的商业习惯和规则,设定并迫使交易对方接受不公平、不合理的交易条件。滥用优势地位不同于滥用市场支配地位,是一种场所依赖所产生的交易地位不平等的现象,在法律属性上应属于不正当竞争行为。在行为类型上,滥用优势地位包括企业对个人优势地位的滥用和个人对个人优势地位的滥用,应将未经消费者邀请的上门推销明确列入滥用优势地位之中。     

Impacts of Insurance on the Demand and Utilization of Drug Abuse Treatment: Implications for Insurance Mandates

This article addresses costs and utilization for mental health/substance abuse treatment, with particular emphasis on the emerging importance of self-insured coverage in the 1990s. We estimate drug abuse treatment demand and utilization with an insurance claims database from self-insured employers. The study population was selected from a large database consisting of health insurance claims for all treatment events starting 1 January 1989 and ending 31 December 1991. Approximately three-quarters of the increase in in-patient usage attributable to fractional co-insurance is due to increased usage per person (the other one-quarter refers to increased numbers of users). About half of the increase in outpatient usage is due to increased usage per person. In summary, our estimates provide useful measurements of the potential impacts of improved drug abuse treatment coverage. Although the potential induced in-patient expenditures and dead-weight losses are substantial compared to co-insurance rates of 0.5, losses can be trimmed by adjusting co-insurance, even at rates of approximately 0.1.     

Voices of abused workers: Implications for mitigating worker mistreatment

In the contemporary business reality, marked by unemployment and loose labor markets, workplace abuse is likely to climb as organizations and managers wield increased leverage in the employment relationship. We explore the organizational phenomenon of worker abuse and examine workplace blog accounts from abused workers to uncover shared insights. Based on these findings, we offer research-based suggestions, implications for practice, and resources for organizations, managers, and workers. Specifically, we advance an ABUSE mitigation model as a holistic management system for identifying and dealing with workplace abuse.     

区域品牌忠诚影响因素及其理论模型构建

区域品牌发展对区域经济产生了重要的影响．但区域品牌在发展过程中很容易出现区域品牌的滥用现象,如何减少甚至杜绝区域品牌的滥用是区域品牌管理的关键问题之一。为此,以区域品牌忠诚作为研究突破口,探讨建立了以企业因素、区域品牌、产业集群、区域因素等四个变量作为自变量,以企业认知评价作为中介变量,以区域品牌忠诚作为因变量的区域品牌影响因素理论模型,并结合变量关系提出了对应的假设。     

Data Economy and Antitrust Regulation

Intereconomics - Data becomes a more and more important factor in the economy. To fully develop the economic potential of the data economy, antitrust regulation has to prevent the abuse of market...     

EU competition policy: Article 82 EC and the notion of substantial part of the common market

EU competition policy acts as an important buttress to the Single European Market, with Article 82 EC specifically prohibiting the abuse of a dominant position in the common market or a substantial part of it. Therefore the substantial part notion acts as a boundary or subsidiarity test, determining whether the alleged abuse falls under Article 82 or member state law. This paper contends that two different and potentially competing substantial part tests have been legally sanctioned, namely the territorial test and the economic relativism approach. It further reveals that court rulings have been instrumental in determining not only how the two tests are to be applied in practice but also their respective usage pattern.     

论征收中公民财产权的法律保障

对我国公民财产权法律保障的根本在于限制政府对征收权力的滥用,本文通过对国家征收权的正当性——"公共利益"的需要及其界定的讨论,从限制政府滥用征收权的现实需要出发,提出国家征收权行使的合法性要件包括:法律保留原则、比例原则、正当程序原则、公正补偿原则等。     

Alcohol abuse among adolescents: regional evidence from Spain

The aim of this paper is to offer regional evidence from Spain on alcohol abuse among adolescents. Specifically, we identify the determinants of the decision to abuse alcohol with respect to the five most important regions of Spain, as well as for the country as a whole. To this end, we estimate Probit specifications using data drawn from the Spanish Surveys on Drug Use in the School Population corresponding to 1994, 1996 and 1998. The results first reveal patterns that are qualitatively similar, but quantitatively different. Similarly, it would appear that economic policies aimed at reducing the access of adolescents to alcohol may have a positive effect on reducing abuse. Finally, the results suggest that encouragement be given to healthy habits among young people, as well as to the fight against education failure and the launching of information campaigns that accurately portray the current lifestyle of adolescents.     

对跨国公司滥用知识产权行为的反垄断规制--从思科诉华为案谈起

知识产权是一面双刃剑,在知识经济时代,知识产权在推动经济发展和社会进步中的作用越来越大,但知识产权也存在滥用的问题。随着我国加入世贸组织,跨国公司在我国市场上的垄断行为都同知识产权的滥用分不开,而且这种趋势还将有蔓延的可能。为防止跨国公司滥用其正当获得的知识产权,从反垄断法的视角对滥用知识产权的行为进行法律规制,以期对知识产权行使中有效竞争秩序的建立有所裨益。     

国际贸易中独立担保欺诈及滥用风险防范

独立担保是一种新型的担保方式,这种担保方式克服传统的人的担保方式的缺陷,因而得到了广泛的认可和适用,但由于独立担保制度本身的缺陷,在实践当中很难避免不被滥用及产生欺诈。文章试图分析独立担保制度的制度缺陷,探讨该制度的风险防范及在我国的制度完善。     

2005年我国纺织品和鞋类贸易摩擦频发之我见

2005年我国对外贸易摩擦不断,特别是与欧盟的纺织品和鞋类产品的摩擦纷繁复杂,国际市场硝烟弥漫。究其原因,还是旧的国际贸易体制遗留的弊端以及国际分工和各国生产力发展水平发生变化导致的。我国应完善出口机制,增强产品竞争力,从容地应对国际贸易摩擦。     

Profiling Cyber-Slackers in the Workplace: Demographic,Cultural, and Workplace Factors

ABSTRACT

Internet abuse in the workplace (a.k.a. cyber-slacking) has become a pervasive problem for employers. When employees abuse the Internet through activities like online gaming, online shopping, personal investment managing, personal emailing, chatting, media watching and viewing pornography, they waste work time and reduce available bandwidth. Existing research has failed to build consensus about who is most likely to cyber-slack. This study examines individuals from the United States, Asia, and India and develops clusters of typical patterns of cyber-slacking and examines the impact of demographic and work related factors on predicting individual cluster membership. The results reveal that young executives are the most likely to cyber-slack and a further qualitative analysis reveals that the pressure of their jobs are compelling them to look for stress relievers and the Internet is an easy resource. In addition, young executive's high degree of autonomy also appears to perpetuate their propensity to cyber-slack.     

Gender disparities: a medical detoxification program

Significant gaps exist in health care regarding gender in the United States. Health status, social roles, culturally patterned behavior and access to health care can be influenced by gender. Women have been the primary users of health care and minority women usually have received poorer quality care than Non-Hispanic White (NHW) females. The objectives of this study were to identify gender, racial and ethnic disparities in access to substance abuse treatment in a Texas hospital. Secondary data collected on 1,309 subjects who underwent detoxification were studied. Gender, race/ethnicity, drug of abuse, relapse and financial classification were included in the analysis. Results indicate Hispanic females and Non-Hispanic Black (NHB) females were about 5 and 3.5 more likely than NHW females to use Medicaid services respectively (p < .05). NHW and NHB males were more likely to use Medicare than females (p < .05). NHB and Hispanic females were 5.8 and 2.1 times more likely to receive care for abuse of cocaine when compared to NHW females respectively (p < .05). Hispanic females were 2.3 times more likely to relapse than Non-Hispanic females, and uninsured NHB females were 7.1 times at a higher risk to abuse multiple drugs compare to NHW females (p < .05). Socio-economic factors, lower labor force participation rates, and less financial independence can explain females utilizing more often Medicaid regardless of their race/ethnicity. These results can be also explained by aggressive case management utilization, socio cultural barriers and/or discriminatory practices, both intentional and unintentional.     

Employer Awareness,Attitudes, and Referral Practices Regarding Behavioral Problems in the Workplace

A survey is undertaken of organizations of differing sizes and representing a cross-section of industries to assess employ- ers' awareness, attitudes, and referral practices regarding behavioral (emotional and substance abuse) problems in the workplace. Impli- cations and future challenges, for Employee Assistance Programs (EAPs) are discussed.     

Business corruption in Ukraine: A way to get things done?

Corruption at the firm level is a very complex issue better understood within its cultural, national, and historical contexts. Using Ukrainian firms as an example via two data sets from 2013 (n = 625) and 2015 (n = 120), we describe two types of corruption: (1) the abuse of power by individuals or groups for private gain, and (2) abuse of power by CEOs and general managers not for their own private gain, but for the gain of other individuals or groups. The latter abuse of power—either within or beyond the existing rules, laws, and norms—is often the only way to get things done in Ukraine. On the other hand, corruption might also be used to hinder business activities. This ambivalent function is the main challenge in mitigating corruption.