Genomic biobanks present ethical challenges that are qualitatively unique and quantitatively unprecedented. Many critics have questioned whether the current system of informed consent can be meaningfully applied to genomic biobanking. Proposals for reform have come from many directions, but have tended to involve incremental change in current informed consent practice. This paper reports on our efforts to seek new ideas and approaches from those whom informed consent is designed to protect: research subjects. Our model emerged from semi-structured interviews with healthy (...) volunteers who had been recruited to join either of two biobanks , and whom we encouraged to explain their concerns and how they understood the relationship between specimen contributors and biobanks. These subjects spoke about their DNA and the information it contains in ways that were strikingly evocative of the legal concept of the trade secret. They then described the terms and conditions under which they might let others study their DNA, and there was a compelling analogy to the commonplace practice of trade secret licensing. We propose a novel biobanking model based on this trade secret concept, and argue that it would be a practical, legal, and ethical improvement on the status quo. (shrink)

The current ethical norms of genomic biobanking creating and maintaining large repositories of human DNA and/or associated data for biomedical research have generated criticism from every angle, at both the practical and theoretical levels. The traditional research model has involved investigators seeking biospecimens for specific purposes that they can describe and disclose to prospective subjects, from whom they can then seek informed consent. In the case of many biobanks, however, the institution that collects and maintains the biospecimens may not itself (...) be directly involved in research, instead banking the biospecimens and associated data for other researchers. Moreover, the future uses of biospecimens may be unknown, if not unknowable, at the time of collection. Biobanking may thus stretch the meanings of inform and consent to their breaking point: if you cannot inform subjects about what their biospecimens will be used for, what can they consent to? Given that informed consent by individual subjects is the ethical gold standard, the seeming dilution of the concept in the context of biobanking is a profound problem. (shrink)

Trade secret theft is a problem that almost all organizations face. The greatest threat is employee mobility and potential unethical post-employment behavior. This study investigates the role of individual personality traits in judgments about trade secret misappropriation. Our hypotheses were tested in three studies addressing three different situational contexts: current employees, employees about to be laid off, and students who had quit their job. Relationships were estimated with robust regression. The results show that some personality traits (...) predict judgment about another person's trade secret misappropriation, and that the situational context in which individuals formulate their ethical judgment moderates the impact of personality traits on ethical judgment. (shrink)

Setting aside various foundational moral entanglements, I will offer an argument for the protection of intellectual property based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. After sketching the salient features of a prisoner’s dilemma, I will briefly examine the nature of intellectual property and how one can view content creation, exclusion, and access as a prisoner’s dilemma. In brief, allowing content to be unprotected in terms of free (...) access leads to a sub-optimal outcome where creation and innovation are suppressed. Finally, I will argue that adopting the institutions of copyright, patent, and trade secret is one way we can avoid these sub-optimal results. (shrink)

ABSTRACT This essay explores the significance and function of secrecy and secret sciences in Jewish–Christian relations and in Jewish culture in the early modern period. It shows how the trade in clandestine knowledge and the practice of secret sciences became a complex, sometimes hazardous space for contact between Jews and Christians. By examining this trade, the essay clarifies the role of secrecy in the early modern marketplace of knowledge. The attribution of secretiveness to Jews was a (...) widespread topos in early modern European thought. However, relatively little is known about the implications of such beliefs in science or in daily life. The essay pays special attention to the fact that trade in secret knowledge frequently offered Jews a path to the center of power, especially at court. Furthermore, it becomes clear that the practice of secret sciences, the trade in clandestine knowledge, and a mercantile agenda were often inextricably interwoven. Special attention is paid to the Italian-Jewish alchemist, engineer, and entrepreneur Abramo Colorni (ca. 1544–1599), whose career illustrates the opportunities provided by the marketplace of secrets at that time. Much scholarly (and less scholarly) attention has been devoted to whether and what Jews “contributed” to what is commonly called the “Scientific Revolution.” This essay argues that the question is misdirected and that, instead, we should pay more attention to the distinctive opportunities offered by the early modern economy of secrecy. (shrink)

This chapter contains sections titled: Limits for Uncommunicative Partners How Much Does a Particle Need to Know? Evaluation of Results Simulators Does Nature Simulate?

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 33.1 (2003) 60-79 [Access article in PDF] The Secret Power of Suggestion Scipio Sighele and the Postliberal Subject Suzanne R. Stewart-Steinberg He experiments one by one with about thirty young men. [...] Almost all of them respond immediately to his power of fascination by turning stiff throughout their bodies; their faces become contracted, terrified, sometimes cadaverous; they are at the mercy of the fascinator and follow his (...) movements like a magnet. [...] There is something pitiful, spasmodic in their features, something macabre in their gestures. [...] Donato has them all in his power, he attracts them in threes, in sixes, ten at a time, simply by rapidly staring into their eyes, even against their firm will and their obstinate efforts to resist his suggestion. [...] Donato, in the process, never speaks: he thinks, he wants and points. [...] —an eyewitness account, L'Italia (1886) Young male bodies that turn stiff despite their efforts to do otherwise—such were the events to be seen on the stage of the Teatro Scribe in Turin in 1886, events performed under the direction of "Donato" (the Belgian-born Alfred d'Hont), the new theatrical magnetizer of crowds. Enrico Morselli, one of Italy's leading psychiatrists of the period,1 assisted and himself succumbed to the fascination of Donato. In his important 1886 study on animal magnetism and hypnotic states, Morelli provided a rather positive portrait of the man. Donato, in his opinion, was not a vulgar man. First soldier, then state employee, journalist, novelist, poet, and finally student and apostle of animal magnetism, Donato had revolutionized hypnotic practice through his discovery of a phenomenon called "fascination." Donato was blessed with uncommon physical strength, quick and insistent eyes, a great agility of movement and much spirit. He had exchanged the magician's cap for the more sober tuxedo—quite appropriately, for he [End Page 60]rejects fluids, rejects the power and transmission of will; nor does he trade in somnambulist lucidity, in sight without eyes, in divination. He does not claim to have special secrets or gifts. Instead he claims that it is his quick and insistent "gaze" that produces a rapid and sudden shock to the nervous system of sensitive individuals. Where there is no "orgasm," he told me—but more accurately he should have said "predisposition"—his method does not work. [Morselli, Il magnetismo animale 281] What was then so revolutionary about Donato's method? Why were the spectacles at the Teatro Scribe perceived to be so radically new? And above all, why, as Morselli claims, did these shows come close to producing a political crisis right at the center of Europe [Magnetismo 271]?James Braid's discovery in 1842 that hypnotic sleep could be induced by the simple fixation on a luminous object had revolutionized magnetic theory and practice. Braid's was to prove an important discovery, for it made possible the shift from the putative supernatural powers of the hypnotist—based on the theory of the transmission of magnetic fluids or electric currents—to an analysis of characteristics thought to inhere in the hypnotized subject him- or herself. The real cause of hypnosis, its very effectivity, was to be found, as Morselli remarks, not in the magnetizer but in his subject [Magnetismo 32]. A rethinking, within the late-nineteenth-century literature on hypnotism, of what drives the subject, of what makes him act appears predicated then on a very peculiar form of interiority, of self-causation within the subject himself. At the end of its historical trajectory this rethinking would first result in the idea of auto-hypnosis or auto-suggestion, and then, by the beginning of the new century, it would found the psychoanalytic subject, traversed as he is by conflicting desires and topographically split between ego and superego. In both instances, however, obedience is exacted as a result of an internalized command and—and here lies the peculiarity and utter novelty of this subject—for that reason the subject ceases to be master of his own house.In the remarks that follow, I will leave aside Freud's own contributions... (shrink)

The anti-counterfeiting trade agreement was originally meant to harmonise and enforce intellectual property rights provisions in existing trade agreements within a wider group of countries. This was commendable in itself, so ACTA’s failure was all the more disappointing. In this article, I wish to contribute to the post-ACTA debate by proposing a specific analysis of the ethical reasons why ACTA failed, and what we can learn from them. I argue that five kinds of objections—namely, secret negotiations, lack (...) of consultation, vagueness of formulation, negotiations outside any international body, and the creation of a new governing body outside already existing forums—had only indirect ethical implications. This takes nothing away from their seriousness but it does make them less compelling, because agreements should be evaluated, ethically, for what they are, rather than for the alleged reasons why they are being proposed. I then argue that ACTA would have caused three ethical problems: an excessive and misplaced kind of responsibility, a radical decrease in freedom of expression, and a severe reduction in information privacy. I conclude by indicating three lessons that can help us in shaping a potential ACTA 2.0. First, we should acknowledge the increasingly vital importance of the framework of implicit expectations, attitudes, and practices that can facilitate and promote morally good decisions and actions. ACTA failed to perceive that it would have undermined the very framework that it was supposed to foster, namely one promoting some of the best and most successful aspects of our information society. Second, we should realise that, in advanced information societies, any regulation affecting how people deal with information is now bound to influence the whole ‘onlife’ habitat within which they live. So enforcing IPR becomes an environmental problem. Third, since legal documents, such as ACTA, emerge from within the infosphere that they affect, we should apply to the process itself, which one day may lead to a post-ACTA treaty, the very framework and ethical values that we would like to see promoted by it. (shrink)

In metazoans, the extracellular matrix (ECM) provides a dynamic, heterogeneous microenvironment that has important supportive and instructive roles. Although the primary site of action of ECM proteins is extracellular, evidence is emerging for non‐canonical intracellular roles. Examples include osteopontin, thrombospondins, IGF‐binding protein 3 and biglycan, and relate to roles in transcription, cell‐stress responses, autophagy and cancer. These findings pose conceptual problems on how proteins signalled for secretion can be routed to the cytosol or nucleus, or can function in environments with (...) diverse redox, pH and ionic conditions. We review evidence for intracellular locations and functions of ECM proteins, and current knowledge of the mechanisms by which they may enter intracellular compartments. We evaluate the experimental methods that are appropriate to obtain rigorous evidence for intracellular localisation and function. Better insight into this under‐researched topic is needed to decipher the complete spectrum of physiological and pathological roles of ECM proteins. -/- . (shrink)

Algorithmic decision-making based on profiling may significantly affect people’s destinies. As a rule, however, explanations for such decisions are lacking. What are the chances for a “right to explanation” to be realized soon? After an exploration of the regulatory efforts that are currently pushing for such a right it is concluded that, at the moment, the GDPR stands out as the main force to be reckoned with. In cases of profiling, data subjects are granted the right to receive meaningful information (...) about the functionality of the system in use; for fully automated profiling decisions even an explanation has to be given. However, the trade secrets and intellectual property rights (IPRs) involved must be respected as well. These conflicting rights must be balanced against each other; what will be the outcome? Looking back to 1995, when a similar kind of balancing had been decreed in Europe concerning the right of access (DPD), Wachter et al. (2017) find that according to judicial opinion only generalities of the algorithm had to be disclosed, not specific details. This hardly augurs well for a future right of access let alone to explanation. Thereupon the landscape of IPRs for machine learning (ML) is analysed. Spurred by new USPTO guidelines that clarify when inventions are eligible to be patented, the number of patent applications in the US related to ML in general, and to “predictive analytics” in particular, has soared since 2010—and Europe has followed. I conjecture that in such a climate of intensified protection of intellectual property, companies may legitimately claim that the more their application combines several ML assets that, in addition, are useful in multiple sectors, the more value is at stake when confronted with a call for explanation by data subjects. Consequently, the right to explanation may be severely crippled. (shrink)

Openness of knowledge was in the Dutch Republic no more a natural state of affairs than in other parts of Europe at the time, but it became dominant there at an earlier date than elsewhere. This puzzling phenomenon is the subject of this essay. The article shows that tendencies to secrecy in crafts and trades in the Netherlands were by no means absent and that public authorities were not principled supporters of openness. Openness of knowledge did not prevail because arguments (...) in favour of a free exchange of knowledge won the day against a rhetoric in defense of secrecy or because a rapid change in methods of production and marketing rendered the maintenance of craft secrecy practically impossible. The weakness of secrecy in the early-modern Netherlands, this essay argues, can be explained by the relative tardiness of the growth of the corporate system and the typical features of the institutional structure of the Dutch Republic. Craft secrecy in the Dutch Republic, as far as it existed before the middle of the eighteenth century, was normally based on a contractual relationship between individual actors rather than on any form of enforcement by public agencies. (shrink)

The answer is surprising, and what we're about to learn will wake us up to a reality most of us never knew existed.The reason we're so oblivious is because we've all been operating at human speed, relying on our own physical power and our five senses. But there is something extremely important we've all been missing. It holds the key to everything good--the key to life, success, happiness, peace of mind, and understanding beyond our wildest imagination. It's perhaps the best-kept (...) secret in the history of mankind and it packs a staggering, invigorating message that can change your life for the better--improving understanding, eliminating anxiety, and helping to extend your living years indefinitely. All we have to do is open our eyes and ears.We're all inundated with this secret at all times. It's present in our favorite songs and movies, the stories we tell our children, and even in every commercial campaign! The secret is broadcast in famous news stories including the coronavirus pandemic, the sinking of the Titanic, or the collapse of the World Trade Center on 9/11. It's in ordinary life activities such as breathing, sleeping, waking up, traveling, sex, and getting married and changing one's name.Now, bestselling author and award-winning journalist Joe Kovacs reveals the solution--cracking the divine code that shifts our minds from operating at slow, human speed and making the jump to the incredibly quick "God speed."Hundreds of ancient mysteries and prophecies are instantly unsealed as the master key that unlocks the mystery of everything is now in your hands. (shrink)

A study of how Derrida's acts of eulogy articulate the Levinasian ethical demand with a psychoanalytic account of ghosts.

A decomposition model of Net Final Values (NFV), named Systemic Value Added (SVA), is proposed for decision-making purposes, based on a systemic approach introduced in Magni [Magni, C. A. (2003), Bulletin of Economic Research 55(2), 149–176; Magni, C. A. (2004) Economic Modelling 21, 595–617]. The model translates the notion of excess profit giving formal expression to a counterfactual alternative available to the decision maker. Relations with other decomposition models are studied, among which Stewart’s [Stewart, G.B. (1991), The Quest for Value: (...) The EVA™ Management Guide, Harper Collins, Publishers Inc]. The index here introduced differs from Stewart’s Economic Value Added (EVA) in that it rests on a different interpretation of the notion of excess profit and is formally connected with the EVA model by means of a shadow project. The SVA is formally and conceptually threefold, in that it is economic, financial, accounting-flavoured. Some results are offered, providing sufficient and necessary conditions for decomposing NFV. Relations between a project’s SVA and its shadow project’s EVA are shown, all results of Pressacco and Stucchi [Pressacco, F. and Stucchi, P. (1997), Rivista di Matematica per le Scienze Economiche e Sociali 20, 165–185] are proved by making use of the systemic approach and the shadow counterparts of those results are also shown. (shrink)

This paper presents a methodology to design and implement programs intended to decide cases, described as sets of factors, according to a theory of a particular domain based on a set of precedent cases relating to that domain. We useDialectical Frameworks, a recent development in AI knowledge representation, as the central feature of our design method. ADFs will play a role akin to that played by Entity–Relationship models in the design of database systems. First, we explain how the factor hierarchy (...) of the well-known legal reasoning system CATO can be used to instantiate an ADF for the domain of US Trade Secrets. This is intended to demonstrate the suitability of ADFs for expressing the design of legal cased based systems. The method is then applied to two other legal domains often used in the literature of AI and Law. In each domain, the design is provided by the domain analyst expressing the cases in terms of factors organised into an ADF from which an executable program can be implemented in a straightforward way by taking advantage of the closeness of the acceptance conditions of the ADF to components of an executable program. We evaluate the ease of implementation, the performance and efficacy of the resulting program, ease of refinement of the program and the transparency of the reasoning. This evaluation suggests ways in which factor based systems, which are limited by taking as their starting point the representation of cases as sets of factors and so abstracting away the particular facts, can be extended to address open issues in AI and Law by incorporating the case facts to improve the decision, and by considering justification and reasoning using portion of precedents. (shrink)

Ethics in the world of business -- Welfare, rights, and justice -- Equality, liberty, and virtue -- Whistle-blowing -- Trade secrets and conflict of interest -- Privacy -- Discrimination and affirmative action -- Employment rights -- Occupational health and safety -- Marketing, advertising, and product safety -- Ethics in finance -- Corporate social responsibility -- Corporate governance and accountability -- International business ethics.

Work on a computer program called SMILE + IBP (SMart Index Learner Plus Issue-Based Prediction) bridges case-based reasoning and extracting information from texts. The program addresses a technologically challenging task that is also very relevant from a legal viewpoint: to extract information from textual descriptions of the facts of decided cases and apply that information to predict the outcomes of new cases. The program attempts to automatically classify textual descriptions of the facts of legal problems in terms of Factors, a (...) set of classification concepts that capture stereotypical fact patterns that effect the strength of a legal claim, here trade secret misappropriation. Using these classifications, the program can evaluate and explain predictions about a problem’s outcome given a database of previously classified cases. This paper provides an extended example illustrating both functions, prediction by IBP and text classification by SMILE, and reports empirical evaluations of each. While IBP’s results are quite strong, and SMILE’s much weaker, SMILE + IBP still has some success predicting and explaining the outcomes of case scenarios input as texts. It marks the first time to our knowledge that a program can reason automatically about legal case texts. (shrink)

Fully updated and revised, this contemporary classic discusses the powerful moral issues facing corporate America: conflicts of interest, payoffs, trade secrets, insider trading, product safety and product liability, hiring, drug testing, sexual harassment, diversity, reverse discrimination, employee productivity monitoring, Internet/computer privacy, worker safety, whistle-blowing, ethical decision-making, ethical accounting and advertising practices, environmental responsibility, down-sizing, and the conduct of multinational corporations. These are just some of the many topics raised in this versatile text. Enhanced by many new case studies, questions (...) for discussion, and valuable bibliographies, Business Ethics focuses on the issues that will confront decision-makers well into the new century. (shrink)

This paper sketches how late seventeenth-century Dutch anatomists used printed publications to advertise their anatomical preparations, inventions and instructional technologies to an international clientele. It focuses on anatomists Frederik Ruysch and Lodewijk de Bils , inventors of two separate anatomical preparation methods for preserving cadavers and body parts in a lifelike state for decades or centuries. Ruysch's and de Bils's publications functioned as an ‘advertisement’ for their preparations. These printed volumes informed potential customers that anatomical preparations were aesthetically pleasing and (...) scientifically important but did not divulge the trade secrets of the method of production. Thanks to this strategy of non-disclosure and advertisement, de Bils and Ruysch could create a well-working monopoly market of anatomical preparations. The ‘advertising’ rhetorics of anatomical publications highlight the potential dangers of equating the growth of print culture with the development of an open system of knowledge exchange. (shrink)

ABSTRACT: One important criticism of algorithmic systems is that they lack transparency. Such systems can be opaque because they are complex, protected by patent or trade secret, or deliberately obscure. In the EU, there is a debate about whether the General Data Protection Regulation (GDPR) contains a “right to explanation,” and if so what such a right entails. Our task in this chapter is to address this informational component of algorithmic systems. We argue that information access is integral (...) for respecting autonomy, and transparency policies should be tailored to advance autonomy. -/- To make this argument we distinguish two facets of agency (i.e., capacity to act). The first is practical agency, or the ability to act effectively according to one’s values. The second is what we call cognitive agency, which is the ability to exercise what Pamela Hieronymi calls “evaluative control” (i.e., the ability to control our affective states, such as beliefs, desires, and attitudes). We argue that respecting autonomy requires providing persons sufficient information to exercise evaluative control and properly interpret the world and one’s place in it. We draw this distinction out by considering algorithmic systems used in background checks, and we apply the view to key cases involving risk assessment in criminal justice decisions and K-12 teacher evaluation. -/- The link below is to an open access version of the chapter. (shrink)

Since Uber’s founding in 2009, individuals associated with Uber have engaged in (or been accused of engaging in) numerous categories of corporate malfeasance: failure to protect data privacy, theft of trade secrets, sexual misconduct (including sexual assault and sexual harassment), lack of worker safety, lack of consumer safety, and racial discrimination. Thus, Uber is a good test case for the question of whether corporate behavior can provide moral justification for a boycott. More specifically, an examination of the 2017 #deleteUber (...) controversy will invite the reader to consider questions such as the following: When is a personal boycott morally justified, and when (if ever) is a personal boycott morally obligatory? How are personal boycotts related to larger-scale organized boycotts? What are the factors that make an organized boycott morally justified (or unjustified)? Is there a sound argument for the conclusion that we should #deleteUber? (shrink)

Since the attack on the World Trade Center in New York, and on the Pentagon in the United States, concerns over security issues have been at an all-time high in this country. Both state and federal governments continue to discuss legislation on these issues amid much controversy. One key concern of both employers and employees is the extent that employers, espousing a "need to know" mentality, continue to expand their capability and implementation of surveillance of employees in the workplace. (...) With the technology typically growing faster than the speed of legislation, protective or permissive, the management and legal issues involved in electronic monitoring of employee communications in the workplace, are and well should be on the agenda for discussion of every management and legal team in American business today. Companies have a legitimate right to protect their trade secrets from disclosure by disgruntled employees. Similarly, companies also have a duty to protect their good names and reputations from unauthorized employee communications with outside parties, and even other employees, that may damage them. It is also a prime duty of management to ensure, in their direction of their workforces, that the employees execute their responsibilities by working full time on their stated objectives. In this regard, any management that fails to oversee its workforce to ensure that employees are not expending valuable company time, for which they are being compensated, on personal business, including unauthorized communications, is remiss in its responsibilities to its shareholders. The company may see a reduction of the price of its shares in the marketplace if it does not protect the economic interests of its shareholders. (shrink)

Biomedical Science Law & Practice is a practical strategic guide to the management of legal risks in biomedical science transactions, and commercialization of innovation and technology through strategic intellectual property licensing. This book provides a concise introduction to strategic legal risk management issues and strategic value creation in the entire biomedical science value chain, including legal liability issues from R&D, clinical trials, production of devices and market roll-out, protection of innovation through intellectual property (patents, copyrights, trade marks and (...) class='Hi'>trade secrets); and commercialization of biomedical science innovation through strategic licensing and technology transfer, including unique licensing arrangements relating to genome. Checklists, sample agreements and biomedical patents and real life and hypothetical case studies used in the book facilitate learning at the operational or technical level of execution. (shrink)

Dans un cadre réglementaire de mise sur le marché des substances chimiques, l’information sur les risques chimiques pour la santé et l’environnement doit être généralement produite par les industriels, qui la soumettent aux agences sanitaires. L’accès du public à cette information est régulé par des dispositifs juridiques internationaux, européens et nationaux, et fondé sur les principes de transparence et de liberté d’accès et de réutilisation. Cependant, différents facteurs restreignent l’effectivité du droit à l’information et par conséquent le contrôle démocratique et (...) scientifique sur l’évaluation du risque. Les textes juridiques sont éclatés entre la législation environnementale et celle sur l’accès aux données publiques. Le droit d’accès peut être limité juridiquement pour des raisons de confidentialité et de secret industriel, des dispositions qui permettent aux entreprises de protéger leurs intérêts commerciaux mais qui peuvent être interprétés de manière arbitraire par les agences. Enfin sur le plan pratique, le manque de lisibilité du format, le langage employé et les interfaces peuvent constituer des obstacles à l’accès effectif et à la réutilisation des données.Under the regulations governing marketing authorisation for chemical substances, information on chemical risks to health and the environment generally has to be produced by the industries concerned for submission to the health agencies. Public access to this information is governed by international, European and national legal provisions, and based on the principles of transparency and the freedom to access and re-use the information. However, various factors are restricting the effectiveness of this right to information and, consequently, restricting democratic and scientific oversight of risk assessments. The relevant legal texts are split between environmental legislation and legislation on access to public data. The right of access can be legally limited on grounds of confidentiality and protection of trade secrets, under provisions that allow businesses to protect their commercial interests but which can be interpreted arbitrarily by the health agencies. Finally, on the practical level, the lack of clarity of the format, the language used and the interfaces can be an obstacle to effective access and re-use of the data. (shrink)

In the year 2000 the artist Eduardo Kac made TV news by declaring he had ordered the « creation » of a genetically modified bunny. In 2004 the artist Steve Kurtz was detained by the FBI on the suspiscion of bioterrorism, because of the laboratory equipment he uses in installations that demistify biotechnology. The contrast between an artist-publicist who lends a showy allure to biotech and an artist-researcher who critiques its effects serves as the departure point for an examination of (...) the functions of science and art in a neoliberal society. Faced with trade secrets, the privatization of knowledge and ever-tightening control of laboratories, the artist-researcher can intervene to make public the research process and the consequences of commercializing a given discovery, particularly by using installations that allow the participant to manipulate both lab equipment and scientific concepts. But to do so, the artist must also interrupt the normal functioning of the neoliberal art world, where institutions supported by private sponsorship retain exclusive rights over fetishized products, destined to feed financial speculation. The article closes with a look at the work of Brandon Ballangee, an artist-researcher working in the field of ecology. (shrink)

I argue for three theses: T1 — Access to scientific knowledge can be used to reinforce existing scientific communities and sometimes generate new ones. T2 — Community can be used to generate scientific knowledge, patent reform, scientific research, medical diagnostics, and trade secrets and occasionally patents. T3 — On the spectrum from commons to semicommons to private property to anticommons, an anticommons can arise if a biotechnological asset is fuzzily defined. I defend these propositions against objection and establish the (...) fertility of my account by considering intellectual property issues relating to synthetic biology. Along the way I present a new understanding of the public domain. I also pursue several projects that are interwoven throughout the Article. The analytic project shows how careful definitions yield a useful taxonomy of biotechnological assets and their holders. The normative project explains why we should endorse intellectual property rights in some biotechnological assets but not others. Finally, the thematic project establishes larger contrasts between different forms of community on the one hand and individualism on the other, and reveals how my understanding of the public domain yields a surer grasp of these contrasts and their roles in institutions of property. (shrink)

The distinction between assets and ideas lies at the core of the misunderstanding between Islam and secularism, the strongest version of which is unfolding in the United States. Muslims view Islam as knowledge-based (intellectual) property, not an idea. Secularists reduce Islam to a mere idea, reserving the notion of intellectual property for literary and artistic works, inventions, patents, films, computer programs, designs, trademarks, and trade secrets. Muslims elevate the knowledge-based assets of Islam to the highest level of protection, more (...) than the intellectual work of any scientist, artist, or corporation. Even in the face of a rising tide of secularism throughout the world, they refuse to consign their religion to the marketplace of ideas, a place where ideas are depreciated and trashed. This clash of understanding between Islam as an idea and Islam as intellectual property breeds mutual mistrust between secularists and Muslims. (shrink)

The current situation of climate change at a global level clearly requires policy changes at local levels. Global efforts to reach a consensus regarding the reduction of greenhouse gas emissions have so far been focused on developing Climate-Friendly Technologies (CFTs). The problem is that in order for these efforts to have an actual impact at a global level we need to be concerned with more than just promotion and info-dissemination on the already existing CFTs, but also with costs, implementation and (...) the international intellectual property and trade system necessary for this strategy to work. Currently, almost 80% of all patent applications belong to OECD countries like Japan, US, Germany, South Korea, Great Britain and France. The obligations climate change imposes on developing countries represent a technological shift that depends on Technology Transfer (TT) and implementation of IP laws. The current IP framework, especially patent law, copyright and trade secrets produces another kind of obligations. The main question is if the conjunction of these two sets of obligations (rules) is fair from a global justice point of view. Also, it is questionable whether this conjunction helps developing countries to produce their own CFTs. When discussing the demands of global justice one cannot skip the very important distinction Pogge makes between negative and positive obligations. In the context of global warming and the measures that the world’s states ought to take to prevent it, there seems to lie another conjunction between the positive obligation of preserving the natural environment that we all share and a negative obligation of allowing the less developed countries to help us all do so. Because one cannot impose regulations that cannot be put into practice, it is more and more obvious that a new framework of action and development needs to be drawn in the field of TT of CFTs. (shrink)

Intellectual property has traditionally been a matter for the legal professions, but with the shift to evidence-based policy, the global economic upheaval, and the advent of the digital age, intellectual property is increasingly informed by economic perspectives. This book provides a clear and practical guide to economic approaches to intellectual property, written for a legal audience. It introduces basic concepts in economics and finance that inform the law of intellectual property. Topics discussed offer additional perspectives include the economics of innovation, (...) development, crime, law, industrial organisation and welfare. Next, it considers the economics of specific intellectual property rights, including copyright, patents, trademarks, trade secrets, geographical indicator and design rights, as well as a section on competition. Finally, a section on applied approaches to the valuation of IP will help readers to understand the use of these topics in practice.This practical text offers readers a better understanding of economic debates in intellectual property, as well as tools to enhance their ability to critique evidence-based policy. (shrink)

Government encouragement of free markets is a highly effective means of fostering pharmaceutical innovation; the NIH, by including “free-market provisions” in its licensing agreements that discourage anti-competitive and research-impeding behavior, can do a great deal to support this goal even without legislative overhaul.