浅论专利实施例的法律效力

专利权利要求书以专利说明书为依据，说明专利保护的范围。专利实施具体方式是专利说明书的组成部分，它是专利说明书的必要组成部分。专利实施例是对发明或者实用新型的实施具体方式的举例说明，它不是说明书的必要组成部分。如果来源于实施例的权利要求的技术特征没有公开在说明书中解决技术问题的技术方案中，那就没有得到说明书的充分支持，就不能得到专利的有效保护。实施例撰写应当与解决技术问题所采用的技术方案相一致，并应当对权利要求的技术特征给予详细解释，以支持权利要求。     

赊销战略与债权资产结构趋减之谜

借助Tobit模型和Interval模型对我国非金融类上市公司1990年—2009年非平行面板数据进行双重实证分析后发现,省域经济景气、公司年龄、额外借贷成本、竞争优势、金融发展、法治秩序等都是影响上市公司赊销战略实施的稳健显著因素,而且除了竞争优势外,其他因素近20年来都促使债权资产结构朝着减少的趋势变化。此外,20年来上市公司赊销战略萎缩的同时赊购战略却呈扩张趋势,这可能源于上市公司低的合同执行技术和充足的流动性。     

Combating deceptive advertisements and labelling on food products – an exploratory study on the perceptions of teachers

People are becoming more health conscious nowadays, but most of them are not able to adopt a lifestyle with adequate physical exercise and a healthier eating pattern. Many attempt to compensate by taking ‘health foods’. Despite the recent economic recession, the functional food market is expanding rapidly in Asian countries. Recent statistics indicate a huge increase in weight loss and functional food product advertising expenditure in Hong Kong and other Asian countries. In a large scale survey conducted by the Hong Kong Consumer Council on advertisements, it was found that 85% of the medicines, health food and therapies sampled contain questionable claims and misleading messages, which was the second most problematic category of the survey. In addition, young people do not understand much about modern food processing, in particular with regard to low energy and functional foods, and they know very little about modern food marketing strategies. The situation is potentially detrimental to consumer welfare, especially to the younger generation. This study was conducted to reflect critically on implications of the issue on the health and well‐being of young people in Hong Kong. Attempts are made to explore directions for designing relevant and effective education programmes to empower young people's abilities in understanding food advertising strategies and making informed decisions on food choice. This paper begins with a critical review of the current situation with regard to Hong Kong. Then, the results of an interview survey and a questionnaire survey on pre‐service and in‐service teachers’ perception towards misleading food advertising and labelling are reported. The situations at schools are defined and problems faced by teachers in providing relevant consumer education programmes to students are identified. Finally, some prospective foci for further investigation of this important issue, with a view to developing students’ critical skills in evaluating claims offered in food advertisements, will be considered.     

Professionalization in Action: Accountants' Attempt at Building a Network of Support for the WebTrust Seal of Assurance*

This paper examines the attempts by the North American accounting institutes to develop a new market in e‐commerce assurance based on their claims to professional expertise through the WebTrust project. Employing actor‐network theory in an in‐depth longitudinal field study, we investigate how WebTrust was originally developed and promoted as a seal of business‐to‐consumer assurance, which largely failed to generate support in the marketplace. Proponents were subsequently able to generate more interest in the eyes of managers of online organizations by reshaping WebTrust as a flexible set of principles and criteria for systems advice and business‐to‐business assurance. Our analysis suggests that attempts to expand the accounting profession's domain of expertise reflect a trial‐and‐error process where the outcome achieved may be far from the vision that motivated the institutes into undertaking the project in the first place. We further show that the initial network of support for such projects can be quite fragile and dynamic as various actors reposition themselves around the shifting meanings attributed to the project.     

A Parimutuel Market Microstructure for Contingent Claims

Parimutuel principles are widely used as an alternative to fixed odds gambling in which a bookmaker acts as a dealer by quoting fixed rates of return on specified wagers. A parimutuel game is conducted as a call auction in which odds are allowed to fluctuate during the betting period until the betting period is closed or the auction ‘called’. The prices or odds of wagers are set based upon the relative amounts wagered on each risky outcome. In financial microstructure terms, trading under parimutuel principles is characterised by (1) call auction, non‐continuous trading; (2) riskless funding of claim payouts using the amounts paid for all of the claims during the auction; (3) special equilibrium pricing conditions requiring the relative prices of contingent claims equal the relative aggregate amounts wagered on such claims; (4) endogenous determination of unique state prices; and (5) higher efficiency. Recently, a number of large investment banks have adopted a parimutuel mechanism for offering contingent claims on various economic indices, such as the US Nonfarm payroll report and Eurozone Harmonised inflation. Our paper shows how the market microstructure incorporating parimutuel principles for contingent claims which allows for notional transactions, limit orders, and bundling of claims across states is constructed. We prove the existence of a unique price equilibrium for such a market and suggest an algorithm for computing the equilibrium. We also suggest that for a broad class of contingent claims, that the parimutuel microstructure recently deployed offers many advantages over the dominant dealer and exchange continuous time mechanisms.     

THE TERM STRUCTURE OF INTEREST RATES AS A GAUSSIAN RANDOM FIELD

A simple model of the term structure of interest rates is introduced in which the family of instantaneous forward rates evolves as a continuous Gaussian random field. A necessary and sufficient condition for the associated family of discounted zero-coupon bond prices to be martingales is given, permitting the consistent pricing of interest rate contingent claims. Examples of the pricing of interest-rate caps and the situation when the Gaussian random field may be viewed as a deterministic time change of the standard Brownian sheet are discussed.     

复杂金融产品评数字化绩效评估

本文在分析范式上将复杂金融产品看成是关于其标的资产的或有要求权,复杂金融产品结构上本质差异在于其支付过程和边界条件。设计和构建一个统一分析框架,从风险和收益两个方面对复杂金融产品进行绩效评估,在方法和过程上采用数字模拟仿真技术实现。利用2007年度在国内市场公开发行的银行理财产品作为实证分析实例,评估结果表明国内市场理财产品基本符合风险收益平衡原则,但在产品发展和创新能力上,外资机构比中资银行具有优势。     

新一代车险“理赔难”

保险作为现代服务行业之一,服务质量问题始终贯穿其中。其中,“理赔难”的现象层出不穷。从1929年11月在中国上海成立第一家保险公司太平保险,到目前保险行业已发展90余年,中国的车险理赔还难吗?依然难,只是难点变了,老矛盾得到部分解决,新矛盾层出不穷,唯独对理赔服务质量的评价参差不齐是永恒的。     

An application of two-stage quantile regression to insurance ratemaking

Two-part models based on generalized linear models are widely used in insurance rate-making for predicting the expected loss. This paper explores an alternative method based on quantile regression which provides more information about the loss distribution and can be also used for insurance underwriting. Quantile regression allows estimating the aggregate claim cost quantiles of a policy given a number of covariates. To do so, a first stage is required, which involves fitting a logistic regression to estimate, for every policy, the probability of submitting at least one claim. The proposed methodology is illustrated using a portfolio of car insurance policies. This application shows that the results of the quantile regression are highly dependent on the claim probability estimates. The paper also examines an application of quantile regression to premium safety loading calculation, the so-called Quantile Premium Principle (QPP). We propose a premium calculation based on quantile regression which inherits the good properties of the quantiles. Using the same insurance portfolio data-set, we find that the QPP captures the riskiness of the policies better than the expected value premium principle.     

浅析铁路工程调概索赔策略

铁路项目造价控制是通过概算来控制的,设计院出据的经审核的核备概算是在初步设计基础上编制的,但投资检算仅是对设计的一种考核而不是工程造价的控制指标。这就造成由于设计深度不同造成工程造价不能反映最终的工程施工情况,设计院为了不受到处罚,在投检编制过程中出现可能超概算的情况时,采用人为降低造价标准或一些需发生项目不计算费用的办法,来使投检额控制在概算范围内。为此,如何做好铁路工程的调概索赔管理、通过项目经营求得效益最大化更具挑战性。