The restrictase analysis of human DNA as a method for determining genetic sex in forensic biological expertise]

In this article phenomena related to sex heteromorphism of restrictase hydrolysates of DNA, isolated from objects of expert analysis was recommended for use. The performed investigations allow one to work out the system of discriminating sex of biological objects, based on restrictase analysis of human DNA and on registration of sex-specific restrictase fragments. Possibilities of method and its value for gene-identification expertise were illustrated using certain cases from expert practice.     

Human genotyposcopy: the identification of the species, sex and individual by DNA genetic imprints in a case connected with a murder attempt]

Blood stains on a knife were identified by DNA genotyposcopy. The statistical validation method has confirmed that the blood stains on material evidence belonged to the victim, the probability of random coincidence being less than 10(-11). The efficacy of using hypervariable locus-specific DNA probes and the possibility of detecting DNA impressions in blood stains stored for more than 3 months have been demonstrated.     

Jesting at scars that never felt a wound: The US Supreme Court's new doctrine of licensee standing without breach

Until recently, it was assumed that patent licensees in compliancewith terms of their licence agreements would lack ‘standing’to sue their licensors, but in MedImmune v Genentech, the SupremeCourt of the United States held that federal courts in the UShave jurisdiction over declaratory judgment actions by patentlicensees asserting the invalidity, unenforceability, or non-infringementof a licensed patent, even where the licensee is in full compliancewith the licence agreement.     

The new economics of the university: a knowledge governance approach

University is becoming a cornerstone of the new emerging mode of governance of the generation and dissemination of knowledge as it reveals remarkable institutional advantages both in providing a solution to the knowledge trade-off and in reducing agency costs. The typical academic labor relationship emerges as an appropriate institutional device to handle the principal-agent problems when creative talents are required. The unique quasi-hierarchical setup of the academic system creates a supply of certified skills that are ready to operate on a professional basis. Such academic consultants can be paid on an ex-post per job basis matching only their variable costs. This supply leads to the creation of a specific market for research services where the demand is provided by the knowledge outsourcing of corporations. For this system to work effectively the non-exclusivity of intellectual property rights on the results of the research performed under contract is necessary. Non-exclusivity in academic employment relations should parallel non-exclusivity in knowledge ownership.

The DNA field experiment: a randomized trial of the cost-effectiveness of using DNA to solve property crimes

We report the results of a prospective, randomized study of the impact and cost-effectiveness of DNA evidence in investigating property crimes, mainly residential burglary. Biological evidence was collected at up to 500 crime scenes in five U.S. cities between 2005 and 2007, and cases were randomly assigned to the treatment and control groups in equal numbers. DNA processing was added to traditional investigation in the treatment group. A suspect was identified in 31% of treatment cases and 13% of control cases. A suspect was arrested in 22% of treatment cases and 10% of control cases. Across the five sites, each additional arrest—an arrest that would not have occurred without DNA processing—cost slightly more than US14,000. In the most cost-effective sites, an additional arrest cost less than US14,000. In the most cost-effective sites, an additional arrest cost less than US4,000. Expanding the use of DNA as an investigative tool has profound implications. Since DNA-led investigations are more costly than business-as-usual, substantial investments will be required to expand the capacity of crime laboratories, police, and prosecutors to use this investigative tool efficiently. In time, such a change may also impact the types of crimes of cases processed in the criminal justice system.     

Organic Law 10/2007, of October 8, regulating the police database on identifiers obtained from DNA: historic background and genetic view]

Recently, Basic Law 10/2007 of 8 October has entered into effect, which regulates the police database on identifiers that are obtained from DNA. In the following lines, the author reveals the process of approval of this law as well as approaching certain of its aspects from a genetic perspective.     

论WTO法国内转化过程中凸显的行政立法新类型——涉外经济行政立法

WTO法是适应经济全球化的发展而产生的,规范成员方政府行为的多边贸易法律体系。在大多数成员方转化适用WTO法的条件下,行政立法必然分化出新类型的行政立法——涉外经济行政立法,即有权行政机关为了调整涉及其他国际法主体所肯定的,具有其法律意义因素的经济关系而进行的行政立法。此种新类型的行政立法是经济全球化的必然产物,具有显著的特征和重要的功能。     

The mouse that trolled: the long and tortuous history of a gene mutation patent that became an expensive impediment to Alzheimer's research

This case study presents the tale of the academic discovery of a rare mutation for early-onset Alzheimer''s disease that was patented by a sole inventor and licensed to a non-practicing entity (NPE), the Alzheimer''s Institute of America (AIA). Our aims are (1) to relate this story about patents, research tools, and impediments to medical progress, and (2) to inform ongoing debates about how patents affect research, disposition of university inventions, and the distribution of benefits from publicly funded research. We present an account of the hunt for Alzheimer''s genes, their patenting, assignment, and enforcement based on literature, litigation records and judicial decisions. While AIA''s litigation eventually failed, its suits against 18 defendants, including one university, one foundation, and three non-profit organizations were costly in court years, legal fees, and expert time. Reasons for the failure included non-disclosure of co-inventors, State laws on ownership and assignment of university inventions, and enablement. We discuss the policy implications of the litigation, questioning the value of patents in the research ecosystem and the role of NPEs (“patent trolls”) in biotechnological innovation. The case illustrates tactics that may be deployed against NPEs, including, avenues to invalidate patent claims, Authorization and Consent, legislative reforms specifically targeting NPEs, reforms in the America Invents Act, and judicial action and rules for judicial proceedings. In the highly competitive research environment of Alzheimer''s genetics in the 1990s, patents played a minor, subordinate role in spurring innovation. The case produces a mixed message about the patent system. It illustrates many mistakes in how patents were obtained, administered, and enforced, but, eventually, the legal system rectified these mistakes, albeit slowly, laboriously, and at great cost.     

The Anti‐Collusion Toolkit: Limits of a Policy that Combats the Facilitation of Collusion

This paper identifies key obstacles of law enforcement that may frustrate a policy that fights the facilitation of collusion. It outlines remedial actions against features that facilitate collusion and examines to what extent authorities––such as Directorate General (DG) for Competition, National Competition Authorities and regulators––have the powers and ability to take these actions. The analysis covers a number of legal tools including the theory of harm of coordinated effects in European merger control, Articles 101 and 102 Treaty for the Functioning of the European Union, stricter national laws and regulation. I conclude that DG Competition has little powers to act, except for merger control. Although NCAs and regulators may enjoy broader powers, tough challenges lie ahead in terms of the exercise of discretion, error and effectiveness of remedial actions.