Proefschrift--Leyden. "Literatuurlijst": p. 155-156. / Pages 5-156 have also continuous paging, 235-386. Summary in English.

Proefschrift--Leyden. "Literatuurlijst": p. 155-156. / Pages 5-156 have also continuous paging, 235-386. Summary in English.

The harmonisation of the European Trade Mark laws and the introduction of unconventional marks under this regime have encouraged interested parties to seek registration of chemical senses (scent and taste) as trade marks. This thesis studies the current state of affairs of these types of marks. It discusses in general, the panorama that these types of marks have when registrability is at issue. The purpose of this research is therefore to scrutinise the trade mark legal system, including a discussion of the origins and rationale underlying it, to try to understand the burdens presented when registering chemical sense marks. The starting point of this thesis is that the European Regulation and the Directive of the Trade Mark law open the door to the protection of chemical senses under the Trade Mark law regime. Yet, despite some early successful registration, their fate is still burdened with uncertainty and therefore the rationale for this study is to try to find whether chemical sense marks are truly marks and therefore protectable under the trade mark system. The approach chosen addresses the examination of all requirements for a sign to be protected under the trade mark system. The reason is that protection of chemical senses might be granted if such marks are recognised as signs, are graphically represented and are capable of distinguishing products of one undertaking from those of another undertaking. By examining the aforementioned requirements, the study reveals that while chemical senses marks might be seen as marks, they find that registration is not quite feasible. The thesis emphasises that graphic representation is only one of the many issues that chemical sense marks are confronted with. Issues such as distinctiveness, the need to keep free and functionality remain problematic. Moreover, the scope of protection afforded to chemical sense marks are yet untested. Case law will ascertain that the intent behind the trade mark regime to grant registration to chemical senses is unresolved. Still, the significant interest in chemical senses as trade marks appears to be not softening by this notion.

Magister Legum - LLM (Private Law) / A trade mark is defined as a sign that is capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trade marks, copyright, patents and designs are some of the forms of intellectual property. Trade marks can be divided into traditional trade marks and non-traditional trade marks. Traditional trade marks are capable of being represented graphically, for example logos, service marks or company names. Non-traditional trade marks are generally not capable of being represented graphically. Examples of these marks are inter alia, scent, taste, touch and sound marks. Technology is changing the way business is being conducted. The registration of nontraditional trade marks has grown exponentially as businesses seek to use innovative ways to protect their brands. Non-conventional trade marks may be visible signs, examples of which include colours, shapes, moving images, holograms and positions or non-visible signs such as sounds, scents, tastes, textures. Visible signs may easily be registered since they satisfy the requirement of graphical representation. Non-visible marks do not generally meet this requirement which makes their registration more complicated. An example of a registered visible non-traditional trade marks is the four finger shape of Kit Kat chocolates.

This research determined if the patterns resulting from different chainsaw chain types impacting bone leave tool marks are dissimilar enough from one another to determine which type of chainsaw was used in dismemberment mimicking homicide cases. Multiple styles of commercially available chainsaw chains were used. The long bones of adult white tailed deer (Odocoileus virginianus) were cut to produce false start cuts and complete sectioning to mimic typical human dismemberment. The cut areas were examined macroscopically and microscopically to note features common to each chain. The chains were compared to one another to note differences. It was proposed that each chainsaw would leave different tool marks. It was found that the style of tooth significantly affects the size of the exit chipping, size of the breakaway notch, angling of the kerf floor, and the mass of bone wastage produced. The most significant differences were produced with a standard tooth. The skip of the chainsaw did not create significant differences. This research has applications in forensic anthropology through the additional information on tool marks and the ability to identify specific tool types. The information is also useful to law enforcement investigations involving dismemberments.

Trade marks are information carriers through which direct contact between buyers and sellers is obtained and maintained. In today’s consumer society, which is overburdened with increasingly subtle and artificial product differentiation, most purchasing decisions would be difficult without any feedback mechanism between the products on offer and potential consumers. Accordingly, producers need a symbol that is capable of providing this feedback by conveying the relevant information about the products to consumers, without boring or over-educating them. On the other hand, consumers need a symbol to guide their choice and express their preferences. To convey this information in an effective manner there must be a clear link with the producer, or at least the commercial entity responsible for marketing the product. The most convenient and effective way of establishing this link would be through the product’s trade mark. Nonetheless, modern business and marketing practices are increasingly driving a change in the role of trade marks from consumer protection tools to investment protection tools. This significant change has created a deep tension at the heart of trade mark law and has hindered attempts to formulate a coherent body of law. Accordingly, this thesis examines the causes of this tension by evaluating the current European trade marks protection system and its contributions towards promoting free competition and enhancing social and economic welfare. In addition, this thesis tests the developing national and Community trade mark decisions against economic arguments to judge how these decisions are responding to and dealing with the tension within the law. Moreover, the thesis explores how the law can avoid the problem of over or under protection by establishing a balance between protection of and access to trade marks rights. To achieve this goal the responsible authorities must resolve the fundamental challenges of ‘what do we want to protect in a trade mark?’ and leading on from this, ‘what is the scope of an efficient system of trade marks protection?’ Furthermore, this thesis considers how the trade marks system should deal with the wider economic functions of trade marks and their implications for the specific topics of dilution, comparative advertising and parallel importation. Finally, the thesis concludes by calling for the creation of a balanced trade mark protection system through the application of the legal and economic tools indentified throughout this study.

<p>ABSTRACT</p><p>The fauna of the Lower Cambrian is far from fully understood, as is the environment of that epoch. Some of the most crucial moments in the history of evolution takes place during this epoch; the Cambrian explosion and the appearance of ecosystems as we know them. That makes it an important period to investigate. Doing so, the Lower Cambrian offers a lot of problems, one of which is that body fossils are seldom preserved. That has often left us with trace fossils to create an image of the Lower Cambrian life, but also some bedrock features such as ripple marks.</p><p>The main purpose of this work has been to investigate the possibilities of relating the wave lengths and forms of recent wave-generated ripples to fossil ones, and also to evaluate the methods for that kind of comparison. In this case the ripple marks belong to about 520 million year old sandstone formations at the shore of Trolmens strand (Kinnekulle area) and the mine Centralgruvan (Kvarntorp, Kumla). In total eighteen ripple trains from the Lower Cambrian were compared to the recent ripples in the shallow waters of Persbols strand and a somewhat steeper offshore area of Herrängen, northern and southern lake Skagern respectively.</p><p>After measuring the ripples several methods were used to find a practical and accurate procedure for the Persbols strand area. The conclusion is that, depending on depth and water transparency, a combination of methods should be used. Closest to the shore it was possible to take photos along the entire section from above water level, but because of the water depth further from the shore the aim of measuring the entire distance had to be abandoned. Instead, measurements should be taken with an adequate frequency, in this case every other meter up to one hundred meter from the shore line.</p><p>As a result of the measured recent ripples three different zones have been distinguished. One is situated 0-3 m from the shore line, or also a water depth down to 20 cm. The ripples in this area have wavelengths between one and four cm. and are asymmetrical, in some cases transforming to symmetrical in the outer part of the zone. It is only in this area, and some very shallow parts outside this zone, catenary ripples can be found. They are built up in the meter closest to the shore.</p><p>The second zone is situated approximately 3-80 m from the shore, or in areas of 20-80 cm water depth. The wave lengths grow from some 4 to 8 cm as the water depth increases. The ripple form is symmetrical, with the exception of some areas on the lake side of sand banks. Also, ripples with short crests and long throughs seems to dominate this zone.</p><p>Further out from the shore, more than 80 m, or in waters deeper than 80-100 cm, a third zone appears. The wave lengths are about 10 cm and, without any exceptions, the ripples are, symmetrical. None of the largescale fossil ripple marks were located due to the fact that no measurements further than 100 m from the shore were made.</p><p>The methods used here will make it possible to determine the environment of formation of the ripple marks, at least within 100 m from the shore, to the degree considered necessary for investigations in Earth science. Furthermore, the depth of water has appeared to be just as an important factor as the distance to the shore.</p>

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From September 2005 to March 2006 a zoo study was performed with one male and two female rhinos at Orana Wildlife Park in Christchurch. The study had two aims: (1) to assess whether faeces from unfamiliar rhinos carry information that influences the behaviour of adult rhinos in a zoo habitat, and (2) to identify olfactory constituents of the faeces that potentially stimulate the change in behaviour. Faeces samples were collected from seven male, female, and juvenile rhinos residing at Hamilton and Auckland zoos and from one male rhino held in a separate enclosure at Orana Park. From each sample type six individual samples of 2 kg each were collected. The samples were put in plastic bags and kept frozen at -1O℃. As controls, samples from peat, peat with testosterone, and heated faeces were used. An individual thawed sample was presented at a time to the subjects by placing it into the enclosure. Behaviour and positions of the subjects was monitored for 3 h. In addition weather data was collected. Each exposure test of one sample type consisted of at least six observation sessions during which one two-kg dung specimen was presented to the subjects in the Orana Park enclosure. Each session consisted of nine trial periods of 15 min, during which each subject was observed individually and all actions ofthe animal were recorded. There was a strong response of the subjects to faeces from male donors. The bull reacted with increased frequency of spray urinating. The bull habituated to the faecal stimulus within about an hour. Other strongly affected behaviour categories of all subjects included smelling the ground, scanning, and walking. The distance between the subjects and frequency of synchronous behaviour of the subjects was affected by various samples to a lesser degree. Correlation of faecal compounds with territorial behaviour activities and chemical analysis identified possible signalling compounds such as esters of low molecular weight fatty acids (propanoic, butanoic, and pentanoic acids) and perhaps testosterone and terpenoids. Even simulated control samples consisting of peat impregnated with testosterone initiated some response. Overall, faecal scent marks were found to stimulate multifaceted behavioural effects of captive white rhinoceros. Chemical analyses of faeces identified new olfactory components not previously attributed to male faeces, and which could act as male signalling compounds.

Despite the fact that fish are a common component of coastal and other aquatic archaeological sites, fish bone taphonomy--including bone surface modifications and the effects of burial--remains woefully understudied. Various ethnographic accounts describe fish butchering techniques for immediate consumption and drying, yet cut marks are rarely reported on archaeological fish remains. To address a significant gap in our understanding of fish taphonomy, I devised an experimental research program aimed at assessing whether butchering fish produces cut marks on fish bones and, if so, what factors might account for the discrepancy between the experimental results and the archaeological record. Chapter I provides an introduction to experimental archaeology, including the criticisms and benefits of this approach. Chapter II presents the results of my initial butchery experiment, which establishes that butchering fish can produce abundant cut marks. Chapter III evaluates the effect of the butcher's skill level on the number and distribution of cut marks produced on fish bone during butchery. The results indicate that professional butchers produce nearly 50 percent fewer cut marks than novice- and intermediate-level butchers. Chapter IV addresses the effect of post-depositional taphonomic processes on the long-term visibility of cut marks. Despite a relatively short burial period (27 months), visible cut marks decreased by up to 75 percent, depending on the species. Chapter V is a re-analysis of the fish bone from column E6 at Daisy Cave (CA-SMI-261). Appling the referential framework I acquired through the experiments, I identified 62 cut marks on bones dating from the Early to Late Holocene. A comprehensive understanding of aquatic resource use has implications for a broad range of archaeological topics, including our understanding of hominid diet and resource use; identifying butchery and processing practices among fishing peoples; distinguishing between human and natural agency in the accumulation of fish remains; and assessing questions of behavioral modernity and social complexity. As we continue to recognize the primacy of coastal adaptations throughout human history, it is increasingly critical to expand the breadth of our knowledge regarding the taphonomy of fish remains at archaeological sites. This dissertation includes previously published and unpublished co-authored material.