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Full-Text Articles in Law
Fixing Frand: A Pseudo-Pool Approach To Standards-Based Patent Licensing, Jorge Contreras
Fixing Frand: A Pseudo-Pool Approach To Standards-Based Patent Licensing, Jorge Contreras
Jorge L Contreras
Technical interoperability standards are critical elements of mobile telephones, laptop computers, digital files, and thousands of other products in the modern networked economy. Most such standards are developed in so-called voluntary standards-development organizations (SDOs) that require participants to license patents essential to the standard on terms that are “fair, reasonable and non-discriminatory” (FRAND). FRAND commitments are thought to avoid the problem of patent hold-up: the imposition of excessive royalty demands after a standard has been widely adopted in the market. While, at first blush, FRAND commitments seem to assure product vendors that patents will not obstruct the manufacture and sale …
Data Sharing, Latency Variables And The Science Commons, Jorge L. Contreras
Data Sharing, Latency Variables And The Science Commons, Jorge L. Contreras
Jorge L Contreras
Over the past decade, the rapidly decreasing cost of computer storage and the increasing prevalence of high-speed Internet connections have fundamentally altered the way in which scientific research is conducted. Led by scientists in disciplines such as genomics, the rapid sharing of data sets and cross-institutional collaboration promise to increase scientific efficiency and output dramatically. As a result, an increasing number of public “commons” of scientific data are being created: aggregations intended to be used and accessed by researchers worldwide. Yet, the sharing of scientific data presents legal, ethical and practical challenges that must be overcome before such science commons …
Bermuda's Legacy: Policy, Patents And The Genome Commons, Jorge L. Contreras
Bermuda's Legacy: Policy, Patents And The Genome Commons, Jorge L. Contreras
Jorge L Contreras
The multinational effort to sequence the human genome generated vast quantities of data about the genetic make-up of humans and other organisms. But, in some respects, even more remarkable than the impressive quantity of data generated by the human genome project (HGP) is the speed at which that data has been released to the public. At a 1996 summit in Bermuda, leaders of the scientific community agreed on a groundbreaking set of principles requiring that all DNA sequence data be released in publicly-accessible databases within twenty-four hours after generation. These “Bermuda Principles” contravened the typical practice in the sciences of …