Immunizing University Research from Patent Infringement

2004 ◽  
Vol 18 (3) ◽  
pp. 157-166 ◽  
Author(s):  
Eric W. Guttag
Keyword(s):  
Academic Research ◽  
University Research ◽  
Patent Infringement ◽  
State Universities ◽  
Sovereign Immunity ◽  
The Usa ◽  
Duke University ◽  
Experimental Use ◽  
Eleventh Amendment ◽  
Safe Harbours

Prior to Madey v Duke University, universities may have felt that academic research was immunized from patent infringement by the ‘experimental use’ defence. However, the Madey case has made clear that this defence is ‘very narrow’ to the extent that universities can no longer safely rely on it. While state universities in the USA can rely on sovereign immunity under the Eleventh Amendment, that still leaves private universities (like Duke) looking for available ‘safe harbours' from patent infringement for their research. One of these is offered by the Hatch–Waxman Act if the academic research is for the purpose of securing regulatory approval from the Food and Drug Administration. Another potential ‘safe harbour’ that was tantalizing raised, but left unresolved, by the Madey case is whether federally sponsored university research is immunized from patent infringement under 35 U.S.C. §1498(a).

Are the Economic Hounds at the Gates of the Ivory Towers?

2004 ◽  
Vol 18 (3) ◽  
pp. 145-156 ◽  
Author(s):  
Mark Van Hoorebeek
Keyword(s):  
Focused Attention ◽  
Amicus Curiae ◽  
Technology Transfer Offices ◽  
The World ◽  
The Usa ◽  
Duke University ◽  
University Level ◽  
International University ◽  
Experimental Use ◽  
University Industry

The court's decision in Madey v Duke University in 2002 and the subsequent denial of the petition for certiorari set out in an Amicus curiae brief in June 2003 have focused attention on the societal role played by US universities. The decision, according to the above petition, effectively ‘seals the coffin on the experimental use exception for private universities’, a mechanism that provided a defence to patent infringement in the USA. Similar experimental use mechanisms are relied upon by universities around the world. The ensuing debate over Madey is likely to impinge on certain facets of international university-industry interactions and subsequently increase the importance of university technology transfer offices. This article presents an accessible historically and internationally contextualized introduction to Madey and subsequently offers an analysis of the potential ramifications for university-level institutions.

scholarly journals Piracy and the Politics of Social Media

2016 ◽  
Author(s):  
Martin Fredriksson Almqvist
Keyword(s):  
Social Media ◽  
Common Knowledge ◽  
Academic Research ◽  
Wall Street ◽  
Single Issue ◽  
Political Issues ◽  
The Usa ◽  
Information Politics ◽  
Use Of Social Media ◽  
The Uk

Since the 1990s, the understanding of how and where politics is made has changed radically. Scholars such as Ulrich Beck and Maria Bakardjieva have discussed how political agency is enacted outside of conventional party organizations, and political struggles increasingly focus on single issues. Over the past two decades, this transformation of politics has become common knowledge, not only in academic research but also in the general political discourse. Recently, the proliferation of digital activism and the political use of social media is often understood to enforce these tendencies. This article analyzes the Pirate Party in relation to these theories, relying on almost 30 interviews with active Pirate Party members in Sweden, the UK, Germany, the USA, and Australia. The Pirate Party was initially formed in 2006, focusing on copyright, piracy, and digital privacy. Over the years, it has developed into a more general democracy movement, with an interest in a wider range of issues. This article analyses how the party’s initial focus on information politics and social media connects to a wider range of political issues and to other social movements, such as Arab Spring protests and Occupy Wall Street. Finally, it discusses how this challenges the understanding of information politics as a single issue agenda.

IUPAC Office move

2015 ◽  
Vol 37 (2) ◽  
Keyword(s):  
North Carolina ◽  
State University ◽  
Technology Research ◽  
North Carolina State University ◽  
Research Triangle ◽  
Chapel Hill ◽  
The Usa ◽  
Duke University ◽  
The University ◽  
Small Building

The IUPAC Secretariat office has been located in the Research Triangle Park (RTP) since May 1997, following its relocation from Oxford, England after 29 years. The office was housed in a small building right in the center of RTP, which is one of the most prominent high-technology research and development centers in the USA, centrally located near major universities, including Duke University in Durham, the University of North Carolina at Chapel Hill, and North Carolina State University at Raleigh.

University research funding: Why does industry funding continue to be a small portion of university research, and how can we change the paradigm?

2020 ◽  
pp. 095042222096228
Author(s):  
Behnam Pourdeyhimi
Keyword(s):  
Federal Government ◽  
Research Funding ◽  
University Research ◽  
Public Private Partnerships ◽  
External Funding ◽  
Industry Funding ◽  
Full Picture ◽  
The Usa

In the USA, the federal government is still the chief source of external funding for R&D across all industries and academia. Industry funding for universities continues to remain low. There have been many attempts to increase the interactions between industry and academia and, while there is a great deal of interest in building public–private partnerships, the results have not been promising. In this article, the author analyzes data from a number of government sources and other organizations to provide a full picture of the funding landscape in the USA. Some thought is given to why such interactions have not been successful and how we may be able to realign university activities and policies to embrace partnerships with industry.

scholarly journals The regulations of shipping conferences in Taiwan referring to the EU to repeal the block exemption for liner conferences

2019 ◽  
Vol 4 (4) ◽  
pp. 365-394
Author(s):  
Rong-Her Chiu
Keyword(s):  
Strategic Alliances ◽  
Questionnaire Survey ◽  
Market Competition ◽  
Academic Research ◽  
Deep Understanding ◽  
The European Union ◽  
Content Type ◽  
The Usa ◽  
The Impact ◽  
The Eu

Purpose The first well-known liner shipping conference was created for the UK/Calcutta trade in 1875. However, the European Union (EU) decided to abolish repeal the liner conferences system with effect from October 18 2008. This paper aims to study the governing regulations on shipping conferences in Taiwan along with investigating the impact on the EU to repeal conferences. The regulation on liner conferences in the USA is also briefly referred. Design/methodology/approach Literature review and questionnaire survey are used to conduct the study. This paper reviews important literature relating to the EU to repeal the conferences system and its impact on liner market competition to/from European trade routes, with discussions on the US and Taiwan regulations on shipping conferences. Questionnaire survey data, collected from published report and this research present shippers’ and carriers’ responses on the changes of regulations on liner conferences. Findings Shippers are strongly supporting the repeal of the conferences system. Academic research results basically reveal that the liner market will be more competitive in the trades to/from the USA and the EU after the repeal of the conferences. For Taiwan, its regulations are rather simple and loosely control over the liner conferences; therefore, if the shipping administration intends to enhance the inspection of the agreements of conferences and strategic alliances, more detailed regulations should be prepared, and the provisions of the EU or USA would be a good reference. Practical implications Through the discussions on the legal treatments of shipping conferences from the USA, the EU and Taiwan perspectives, this paper provides shipping researchers with not only a clear evolution of the liner conferences but also a deep understanding of the impact to repeal the conferences on liner market competition. Originality/value This paper reviews important literature and related legislations on liner conferences including the USA, the EU and Taiwan. The different responses on the EU to repeal the conferences system from shippers and carriers are discussed. The impact on liner market competition is presented.

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