The market of human experimentation

How should experiments on humans be regulated and controlled? Is it possible to create an equilibrium between the optimal protection of patients’ rights and all the other interests involved? This paper analyzes the problem from a Law and Economics point of view and tries to develop a theoretical model that would provide a way to achieve that equilibrium, both in terms of effectiveness and efficiency, a model in which the interaction between different parties can lead to a market where information is exchanged for innovation. This paper is based on work that has been done up to now by other sciences, like medicine and bioethics, treating the issue with an alternative approach in order to propose an oversight system able to give an answer to this unsolved problem. This work is mainly aimed at defining the rules of the market in Europe, including its actors and their interactions using both a normative and a positive approach. Both the behavior of rational people and that of bounded ones are analyzed, as well as the strategies that can be applied against the latter by stronger parties. Finally, the public stakeholder’s role in preventing this from happening is analyzed.     

技术创新与制度创新的关系

本文从技术创新与制度创新的概念出发，论述技术创新与制度创新之间的辩证关系。尤其是制度在不适应生产力发展的状况下，即制度不均衡的情况下，对经济发展起重要作用的不是技术，而是制度的创新。     

正当竞争与不正当竞争的界线——“诸葛酿”酒不正当竞争纠纷案评析

“正当竞争”与“不正当竞争”的界线往往是非常模糊的,难以用非常明确的法律语言进行规定。在司法实践中,应当根据我国反不正当竞争法的规定和市场竞争的基本规则,充分考虑被控侵权人的主观心理状态和被控行为在客观上是否损害公共利益、消费者利益或者其他经营者的利益等,以综合判断得出正确的结论。     

Mustard gas and American race-based human experimentation in World War II

This essay examines the risks of racialized science as revealed in the American mustard gas experiments of World War II. In a climate of contested beliefs over the existence and meanings of racial differences, medical researchers examined the bodies of Japanese American, African American, and Puerto Rican soldiers for evidence of how they differed from whites.     

Closing the distance between academia and market: experimentation and user entrepreneurial processes

We inductively examine how exceptional Principal Investigators (PIs), who are active in biotechnology, medical devices, and nanotechnology, affect new technology trajectories and shape market boundaries by leveraging synergies stemming from their being simultaneously a scientist and a (lead) user. Our central contribution is the scientist-user template that explores how these types of PIs perform successfully their technology transfer task and, consequently, address increasing expectations about PIs as agents of economic and societal development. Building upon five illustrative case histories, we propose that scientist-user PIs exhibit superior capabilities in turning generic technology into several selected market applications, with no negative effects on their academic role. Overall, we develop a holistic view of synergies stemming from the scientist and user sides and offer insights into academic entrepreneurship and research project management.