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Full-Text Articles in Law
Social Networking: A Conceptual Analysis Of A Data Controller, Rebecca Wong
Social Networking: A Conceptual Analysis Of A Data Controller, Rebecca Wong
Dr Rebecca Wong
This article updates a working party looking at the definition of a "data controller" under the Data Protection Directive 95/46/EC within the context of a social networking environment. In brief, the article considers twhether the phenomenom of social networking (through Facebook (FB), MySpace and Bebo) has produced unintended consequences in the interpretation and application of the Data Protection Directive 95/46/EC to the online environment. The Data Protection Directive 95/46/EC defines a "data controller" broadly to refer to the 'natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means …
Of Mice And Men: Why An Anticommons Has Not Emerged In The Biotechnological Realm, Chester J. Shiu
Of Mice And Men: Why An Anticommons Has Not Emerged In The Biotechnological Realm, Chester J. Shiu
Chester J Shiu
In 1998 Michael Heller and Rebecca Eisenberg posited that excessive patenting of fundamental biomedical innovations might create a “tragedy of the anticommons.” A decade later, their dire predictions have not come to pass, an outcome which calls much of the legal scholarship on the topic into question. This Article proposes that legal commentators’ theoretical arguments have largely ignored two very important factors. First, the National Institutes of Health (NIH)—the single most important actor in the biomedical research industry—has played an active role in keeping the biomedical research domain open. In particular, regardless of what the current patent regime may theoretically …
The American Models Of Technology Transfer: Contextualized Emulation By Developing Countries?, Benton C. Martin
The American Models Of Technology Transfer: Contextualized Emulation By Developing Countries?, Benton C. Martin
Benton C. Martin
Patents are an essential part of the US economy, sparked by ground-breaking legislation, the Bayh-Dole Act and the Stevenson-Wydler Technology Innovation Act, which allowed ownership of technology resulting from research funded by the federal government, though it is far from clear whether this same type of legislation would benefit developing countries. Yet because of the legislation’s success in the United States, developing countries are increasingly adopting the same approach. Thus, studying how this legislation might be adopted by developing countries is an important topic. This article emphasized that that these two particular pieces of legislation have been tailored to specific …