The State Administration for Market Regulation has referred to the concept of"essential facilities"in two regulations,and some courts have utilized the essential facilities doctrine in their judgments to rec...The State Administration for Market Regulation has referred to the concept of"essential facilities"in two regulations,and some courts have utilized the essential facilities doctrine in their judgments to recognize a defendant's refusal to deal as an illegal act of monopolization.As a doctrine originally applicable only to tangible properties in the United States,the essential facilities doctrine has gradually evolved through case law to be applied in the context of intellectual property(IP)rights.Nevertheless,there remains significant controversy in China and other jurisdictions as to whether the essential facilities doctrine can be extended to IP rights.Given the fundamental differences between intangible and tangible properties,as well as the core mechanisms of IP laws,greater caution and limits must be exercised when applying the essential facilities doctrine to IP.Specifically,(1)compulsory licensing should only be implemented when the IP in question is deemed an essential facility;(2)Article 7 of the Provisions on the Prohibition of the Abuse of Intellectual Property to Eliminate or Restrict Competition should be interpreted as"harm the competition in the secondary market";and(3)in cases involving compulsory licensing,the court should examine whether such licensing would have an unreasonable adverse impact on the rights holder.展开更多
For the suppliers of concerned services, theories about infrastructure pricing： SAT （Stand Alone economists such as Laffont, Tirole, etc. developed Test）, ECPR （Efficient Component Pricing Rule）. Especially, Sida...For the suppliers of concerned services, theories about infrastructure pricing： SAT （Stand Alone economists such as Laffont, Tirole, etc. developed Test）, ECPR （Efficient Component Pricing Rule）. Especially, Sidak, Spulber, put forward M-ECPR （Market Efficient Component Pricing Rule） method for bottleneck infrastructures. In this article, we bring the M-ECPR principles into the study of Chinese railways pricing of its network infrastructures. Combined with our Engineer Model and Opportunity Cost Model, we analyzed the special conditions faced by Chinese railways, and developed a model for sharing infrastructure fees among freight and passenger transportations. Engineer Model split Variable Cost （VC） and Fixed Cost （FC） into freight and passenger activities, and Opportunity Cost Model take the insufficient supply of infrastructure capacity into consideration. Of course, the subsidy from the government greatly affected the price standard for bottleneck facilities, or so-called network infrastructures.展开更多
Introduction:The WHO Global Action Plan for Poliovirus Containment,4th edition(GAPIV)describes the necessary conditions for the containment of poliovirus material in poliovirus-essential facilities(PEFs).PEF status is...Introduction:The WHO Global Action Plan for Poliovirus Containment,4th edition(GAPIV)describes the necessary conditions for the containment of poliovirus material in poliovirus-essential facilities(PEFs).PEF status is achieved by successfully undergoing the process of certification by the Global Commission for the Certification of the Eradication of Poliomyelitis in compliance with GAPIV requirements.The GAPIV guidelines cover many topics,including waste management,decontamination,disinfection and sterilization.This element of GAPIV requires PEFs to demonstrate in-house validation of decontamination methods with supporting data.Methods:The method used for validation of chemical products for poliovirus decontamination in this study was based on processes outlined in European Standard EN14476,as recommended by the WHO GAPIV guidelines.In this study,the disinfectants 5%Microchem Plus and 1%Virkon®S were evaluated for efficacy against high titre poliovirus in solutions with and without high organic load using an end-point dilution assay.A poliovirus Sabin 1 strain was used as the reference virus with the titre 8.33 log10 CCID50(50%cell culture infectious dose)in 0.1 ml.Results:The poliovirus titre after Microchem Plus treatment was calculated as 5.5(representing a 2.8 CCID50 titre reduction),indicating only partial inactivation.In contrast,poliovirus in solutions with and without high organic load achieved>4 log10 CCID50 titre reduction(≥6.8 and≥5.8 reduction respectively),after Virkon®S treatment.The Virkon®S treatment results were at the limit of detection of the endpoint dilution assay,indicating complete inactivation,or as near complete that can be demonstrated with the assay.The virus culture results were confirmed by a molecular assay for the detection of enterovirus RNA.Conclusion:Microchem Plus only partially inactivated poliovirus and cannot be relied upon as the sole decontaminant.In contrast,Virkon®S performed well for both high titre poliovirus in solutions with and without high organic load,achieving>4 log10 titre reduction for both,making Virkon®S a suitable disinfectant for poliovirus.展开更多
文摘The State Administration for Market Regulation has referred to the concept of"essential facilities"in two regulations,and some courts have utilized the essential facilities doctrine in their judgments to recognize a defendant's refusal to deal as an illegal act of monopolization.As a doctrine originally applicable only to tangible properties in the United States,the essential facilities doctrine has gradually evolved through case law to be applied in the context of intellectual property(IP)rights.Nevertheless,there remains significant controversy in China and other jurisdictions as to whether the essential facilities doctrine can be extended to IP rights.Given the fundamental differences between intangible and tangible properties,as well as the core mechanisms of IP laws,greater caution and limits must be exercised when applying the essential facilities doctrine to IP.Specifically,(1)compulsory licensing should only be implemented when the IP in question is deemed an essential facility;(2)Article 7 of the Provisions on the Prohibition of the Abuse of Intellectual Property to Eliminate or Restrict Competition should be interpreted as"harm the competition in the secondary market";and(3)in cases involving compulsory licensing,the court should examine whether such licensing would have an unreasonable adverse impact on the rights holder.
文摘For the suppliers of concerned services, theories about infrastructure pricing： SAT （Stand Alone economists such as Laffont, Tirole, etc. developed Test）, ECPR （Efficient Component Pricing Rule）. Especially, Sidak, Spulber, put forward M-ECPR （Market Efficient Component Pricing Rule） method for bottleneck infrastructures. In this article, we bring the M-ECPR principles into the study of Chinese railways pricing of its network infrastructures. Combined with our Engineer Model and Opportunity Cost Model, we analyzed the special conditions faced by Chinese railways, and developed a model for sharing infrastructure fees among freight and passenger transportations. Engineer Model split Variable Cost （VC） and Fixed Cost （FC） into freight and passenger activities, and Opportunity Cost Model take the insufficient supply of infrastructure capacity into consideration. Of course, the subsidy from the government greatly affected the price standard for bottleneck facilities, or so-called network infrastructures.
文摘Introduction:The WHO Global Action Plan for Poliovirus Containment,4th edition(GAPIV)describes the necessary conditions for the containment of poliovirus material in poliovirus-essential facilities(PEFs).PEF status is achieved by successfully undergoing the process of certification by the Global Commission for the Certification of the Eradication of Poliomyelitis in compliance with GAPIV requirements.The GAPIV guidelines cover many topics,including waste management,decontamination,disinfection and sterilization.This element of GAPIV requires PEFs to demonstrate in-house validation of decontamination methods with supporting data.Methods:The method used for validation of chemical products for poliovirus decontamination in this study was based on processes outlined in European Standard EN14476,as recommended by the WHO GAPIV guidelines.In this study,the disinfectants 5%Microchem Plus and 1%Virkon®S were evaluated for efficacy against high titre poliovirus in solutions with and without high organic load using an end-point dilution assay.A poliovirus Sabin 1 strain was used as the reference virus with the titre 8.33 log10 CCID50(50%cell culture infectious dose)in 0.1 ml.Results:The poliovirus titre after Microchem Plus treatment was calculated as 5.5(representing a 2.8 CCID50 titre reduction),indicating only partial inactivation.In contrast,poliovirus in solutions with and without high organic load achieved>4 log10 CCID50 titre reduction(≥6.8 and≥5.8 reduction respectively),after Virkon®S treatment.The Virkon®S treatment results were at the limit of detection of the endpoint dilution assay,indicating complete inactivation,or as near complete that can be demonstrated with the assay.The virus culture results were confirmed by a molecular assay for the detection of enterovirus RNA.Conclusion:Microchem Plus only partially inactivated poliovirus and cannot be relied upon as the sole decontaminant.In contrast,Virkon®S performed well for both high titre poliovirus in solutions with and without high organic load,achieving>4 log10 titre reduction for both,making Virkon®S a suitable disinfectant for poliovirus.
