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Science and Technology Law

Boston College International and Comparative Law Review

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Novartis Ag V. Union Of India: Why The Court’S Narrow Interpretation Of Enhanced Efficacy Threatens Domestic And Foreign Drug Development, Kevin Tarsa May 2016

Novartis Ag V. Union Of India: Why The Court’S Narrow Interpretation Of Enhanced Efficacy Threatens Domestic And Foreign Drug Development, Kevin Tarsa

Boston College International and Comparative Law Review

Through the Patents (Amendment) Act of 2005, the Indian Parliament revised the Patents Act of 1970 to permit the grant of patents for pharmaceutical products. A core provision in the 2005 Amendment was Section 3(d), which prohibited granting patents to a new form of a known substance that did not enhance the efficacy of that substance. In Novartis AG v. Union of India, the Supreme Court of India applied this new provision to Novartis’s patent application for the final form of its drug Gleevec. The court engaged in an unreasonably narrow analysis of enhanced efficacy, potentially stifling secondary ...


Case Of Mouvement Raëlien Suisse V. Switzerland: A Blow To Freedom Of Expression In The Internet Age, Ramya Vallabhaneni May 2016

Case Of Mouvement Raëlien Suisse V. Switzerland: A Blow To Freedom Of Expression In The Internet Age, Ramya Vallabhaneni

Boston College International and Comparative Law Review

On March 7, 2001, the Raël Movement (the Movement), a Geneva-based non-profit organization that aims to establish contact and good relations with extraterrestrials, sought permission from Swiss authorities in the city of Neuchâtel to put up posters for its April campaign. The Swiss authorities’ denial of the request was upheld in all four levels of Swiss appellate courts. The Movement appealed the case to the European Court of Human Rights (ECtHR) under Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. On July 13, 2012, The Grand Chamber of the ECtHR found that the ...


Exhausted Yet? The First-Sale Doctrine And The Second-Hand Market For Software Licenses In The European Union, May Khoury Nov 2014

Exhausted Yet? The First-Sale Doctrine And The Second-Hand Market For Software Licenses In The European Union, May Khoury

Boston College International and Comparative Law Review

In UsedSoft GmbH v. Oracle International Corporation, the Court of Justice of the European Union held that owners of software copyright could not prohibit the resale of used perpetual licenses allowing the use of such programs. The decision promises to significantly affect the software market and other digital industries. It also illustrates an instance where the CJEU forces a decision using well-established principles rather than adapting to an ever-changing technological landscape. While the CJEU’s ruling came as a surprise to many in how far it was willing to go in applying the principle of exhaustion to intangible materials, its ...


Breaching The Great Firewall: China’S Internet Censorship And The Quest For Freedom Of Expression In A Connected World, Christopher Stevenson May 2007

Breaching The Great Firewall: China’S Internet Censorship And The Quest For Freedom Of Expression In A Connected World, Christopher Stevenson

Boston College International and Comparative Law Review

In the final days of 2005, Microsoft Corporation made international headlines when it removed the site of a Beijing researcher from its blog hosting service. Soon, other instances of U.S. companies assisting in China’s internet censorship emerged. These revelations generated outrage among commentators and legislators and led to calls for action. This Note examines the methods of internet censorship employed by China and other nations, and explores the assistance that U.S. companies have provided to these nations. It analyzes the liability issues facing these companies in light of existing case law and statutory solutions proposed in the ...


Science And International Trade, John Garvey May 2003

Science And International Trade, John Garvey

Boston College International and Comparative Law Review

No abstract provided.


Science And International Trade – Third Generation Scholarship, Jeffery Atik, David A. Wirth May 2003

Science And International Trade – Third Generation Scholarship, Jeffery Atik, David A. Wirth

Boston College International and Comparative Law Review

No abstract provided.


The Myth Of Science As A “Neutral Arbiter” For Triggering Precautions, Vern R. Walker May 2003

The Myth Of Science As A “Neutral Arbiter” For Triggering Precautions, Vern R. Walker

Boston College International and Comparative Law Review

This article demonstrates that science cannot be a "neutral arbiter" for triggering precautionary measures, because both making and warranting findings of risk require non-scientific decisions. Making a risk finding requires decisions about the meaning of "risk of harm," about the meaning of any modifiers for that predicate, and about the degree of confidence asserted for the finding as a whole. Determining that the available scientific evidence warrants a finding of risk requires decisions about acceptable degrees of various types of uncertaintynamely, conceptual uncertainty, measurement uncertainty, sampling uncertainty, modeling uncertainty, and causal uncertainty. This article illustrates these decisions using examples from ...


Science And “Post-Discriminatory” Wto Law, Robert E. Hudec May 2003

Science And “Post-Discriminatory” Wto Law, Robert E. Hudec

Boston College International and Comparative Law Review

No abstract provided.


An International Dna Database: Balancing Hope, Privacy, And Scientific Error, Allison Puri May 2001

An International Dna Database: Balancing Hope, Privacy, And Scientific Error, Allison Puri

Boston College International and Comparative Law Review

The discovery of DNA technology is considered one of the most revolutionary and beneficial contributions to the modern industrialized world. Not only has it led to formidable advances in medicine and genetic biology, but, in the past ten years, DNA technology also has become an important tool to law enforcement personnel and the legal community. Since 1986, police officers and lawyers have used DNA to find, apprehend, convict, and exonerate criminals ranging from burglars to murderers. The creation of the first DNA criminal investigative database in 1995 in Britain further enabled law enforcement to better exploit the uses of DNA ...


Seed Wars: Biotechnology, Intellectual Property, And The Quest For High Yield Seeds , Lara E. Ewens May 2000

Seed Wars: Biotechnology, Intellectual Property, And The Quest For High Yield Seeds , Lara E. Ewens

Boston College International and Comparative Law Review

Presently, intellectual property law is the mechanism that determines international protection and control over biotech innovations in plant varieties and the genetic resources that form the basis for those innovations. The intellectual property paradigm that is utilized employs western definitions of property in order to provide a framework in which to allocate rights. This has resulted in serious distributive problems: western-specific ideas about property, authorship, and individual creative inventors do not translate well to areas where cultural knowledge or generational innovation form the basis of important societal achievements. The default solution in the international agricultural context has been to almost ...


Baa, Baa Cloned Sheep, Have You Any Law? Legislative Responses To Animal Cloning In The European Union And The United States, Stacy J. Ratner Dec 1999

Baa, Baa Cloned Sheep, Have You Any Law? Legislative Responses To Animal Cloning In The European Union And The United States, Stacy J. Ratner

Boston College International and Comparative Law Review

No abstract provided.


The Neem Tree Patent: International Conflict Over The Commodification Of Life , Emily Marden May 1999

The Neem Tree Patent: International Conflict Over The Commodification Of Life , Emily Marden

Boston College International and Comparative Law Review

No abstract provided.


Protection Of "Noncreative" Databases: Harmonization Of United States, Foreign And International Law, Michael J. Bastian May 1999

Protection Of "Noncreative" Databases: Harmonization Of United States, Foreign And International Law, Michael J. Bastian

Boston College International and Comparative Law Review

No abstract provided.


Block Exemption For Technology Licensing Agreements Under Commission Regulation (Ec) No. 240/ 96, Jianming Shen Aug 1997

Block Exemption For Technology Licensing Agreements Under Commission Regulation (Ec) No. 240/ 96, Jianming Shen

Boston College International and Comparative Law Review

No abstract provided.


Genetically Modified Organisms: A New Proposal Regarding Deliberate Release, Denise Chicoine Dec 1993

Genetically Modified Organisms: A New Proposal Regarding Deliberate Release, Denise Chicoine

Boston College International and Comparative Law Review

No abstract provided.


The Basics Of Asics: Protection For Semiconductor Mask Works In Japan And The United States, Gerard V. Curtin, Jr. Dec 1992

The Basics Of Asics: Protection For Semiconductor Mask Works In Japan And The United States, Gerard V. Curtin, Jr.

Boston College International and Comparative Law Review

No abstract provided.


Should There Be Governmental Guidelines In Bioethics? The French Approach, Catherine Labrusse-Riou Dec 1989

Should There Be Governmental Guidelines In Bioethics? The French Approach, Catherine Labrusse-Riou

Boston College International and Comparative Law Review

No abstract provided.


Curbing Illegal Transfers Of Foreign-Developed Critical High Technology From Cocom Nations To The Soviet Union: An Analysis Of The Toshiba-Kongsberg Incident, Stephen D. Kelly Dec 1989

Curbing Illegal Transfers Of Foreign-Developed Critical High Technology From Cocom Nations To The Soviet Union: An Analysis Of The Toshiba-Kongsberg Incident, Stephen D. Kelly

Boston College International and Comparative Law Review

No abstract provided.


Pirates Or Pioneers In Orbit? Private International Communications Satellite Systems And Article Xiv(D) Of The Intelsat Agreements, Irwin B. Schwartz Dec 1986

Pirates Or Pioneers In Orbit? Private International Communications Satellite Systems And Article Xiv(D) Of The Intelsat Agreements, Irwin B. Schwartz

Boston College International and Comparative Law Review

No abstract provided.


Prosecuting Computer-Related Crime In The United States, Canada, And England: New Laws For Old Offenses, Lisa A. Menelly Aug 1985

Prosecuting Computer-Related Crime In The United States, Canada, And England: New Laws For Old Offenses, Lisa A. Menelly

Boston College International and Comparative Law Review

No abstract provided.


Planning For Resolution Of Disputes In International Technology Transactions, Steven C. Nelson Aug 1984

Planning For Resolution Of Disputes In International Technology Transactions, Steven C. Nelson

Boston College International and Comparative Law Review

No abstract provided.


The Current Legal Basis For Controls On The “Export” Of Technical Information, Americo R. Cinquegrana, John Michael Shepherd Aug 1984

The Current Legal Basis For Controls On The “Export” Of Technical Information, Americo R. Cinquegrana, John Michael Shepherd

Boston College International and Comparative Law Review

No abstract provided.


Protections For Software Under U.S. And Japanese Law: A Comparative Analysis, Pamela L. Hamilton Aug 1984

Protections For Software Under U.S. And Japanese Law: A Comparative Analysis, Pamela L. Hamilton

Boston College International and Comparative Law Review

No abstract provided.


Technology Transfers Of Patent/Data Rights In The Commercial Sector: A Primer, A Jason Mirabito Aug 1984

Technology Transfers Of Patent/Data Rights In The Commercial Sector: A Primer, A Jason Mirabito

Boston College International and Comparative Law Review

No abstract provided.


Export Controls Over Direct Commercial Sales Of Military And Strategic Goods And Technologies: Who’S In Charge?, Harvey G. Sherzer, Donna Lee Yesner Aug 1984

Export Controls Over Direct Commercial Sales Of Military And Strategic Goods And Technologies: Who’S In Charge?, Harvey G. Sherzer, Donna Lee Yesner

Boston College International and Comparative Law Review

No abstract provided.


Acquisition Of Technology From A Foreign Government, Laurence S. Fedak Aug 1984

Acquisition Of Technology From A Foreign Government, Laurence S. Fedak

Boston College International and Comparative Law Review

No abstract provided.


The Regulation Of Technical Data Under The Arms Export Control Act Of 1976 And The Export Administration Act Of 1979: A Matter Of Executive Discretion, Patrick J. Monahan Dec 1983

The Regulation Of Technical Data Under The Arms Export Control Act Of 1976 And The Export Administration Act Of 1979: A Matter Of Executive Discretion, Patrick J. Monahan

Boston College International and Comparative Law Review

No abstract provided.


Biotechnology Patent Law Developments In Great Britain And The United States: Analysis Of A Hypothetical Patent Claim For A Synthesized Virus, Bradford C. Auerbach May 1983

Biotechnology Patent Law Developments In Great Britain And The United States: Analysis Of A Hypothetical Patent Claim For A Synthesized Virus, Bradford C. Auerbach

Boston College International and Comparative Law Review

No abstract provided.


The Puzzle Palace: A Report On America’S Most Secret Agency By James Bamford, Bonnie C. Brennan, Katherine Gilbert May 1983

The Puzzle Palace: A Report On America’S Most Secret Agency By James Bamford, Bonnie C. Brennan, Katherine Gilbert

Boston College International and Comparative Law Review

No abstract provided.


Technology Transfer Rules In Latin America: A Study In Comparative Law , William Sprague Barnes Dec 1979

Technology Transfer Rules In Latin America: A Study In Comparative Law , William Sprague Barnes

Boston College International and Comparative Law Review

No abstract provided.