Patenting and spin-off creation by Canadian researchers in engineering and life sciences

This paper examines the determinants of patenting and spin-off creation using survey data of 479 researchers in engineering and 449 researchers in life sciences funded by the Natural Sciences and Engineering Research Council of Canada (NSERC). The results show that research novelty and laboratory size are the only two variables significantly explaining patenting and spin-off formation in both engineering and life sciences. Network capital explains spin-off formation in engineering and in life sciences as well as patenting in life sciences, but not in engineering. Furthermore, the results suggest that many categories of resources explain patenting and spin-off formation in engineering and in life sciences, but that the combinations of resources required differ for patenting and spin-off formation and between engineering and life sciences. The results of this paper suggest that customized policies would be required to accommodate differences between spin-off formation and patenting as well as between engineering and life sciences.      

晋商的重生路径

信仰的缺失，让传统晋商在暴富中戛然死亡。但是，新一代晋商在这个全球化时代仍然在寻找重生的路径     

The question of the constitutional case against suicide: an historiographical and originalist inquiry into the degree to which the theory of the inalienable right to life and liberty is enforced by the Thirteenth Amendment

This article completes a study that the author foreshadowed in his previous articles. The Western moral theory that defends the inalienable right to life and liberty--and that therefore forbids all forms of suicide and slavery--is now well known to the author's readers. What is not well known is an answer to the question of whether this theory, in its totality, was part of the original intent of the Thirteenth Amendment to the Constitution of the United States. The theory of the inalienable right to life and liberty was supported by many political philosophers in the seventeenth and eighteenth centuries. Those philosophers and their theory did shape a good deal of the thought of the men who made the Thirteenth Amendment a part of the Constitution. The anti-suicide implication of the theory, however, was not present in the minds of the framers and ratifiers of the Thirteenth Amendment, and therefore was not part of their intent.     

专利重复授权再探讨

通过对"舒学章"案的引述,提出新<专利法>实施后给专利重复授权带来的新视角,并在简单介绍禁止专利重复授权的法律含义中,论述了禁止重复授权的法律基础.通过进一步对禁止重复授权进行的现实分析,挖掘出新旧专利法在实践中仍然存在的问题.最后,对我国禁止重复授权的法律制度建设和法律实践提出看法.     

Patenting of medical methods--need of the hour

LEGAL CONTEXT: There are differences between the legal system of various jurisdictionson the issue of patenting of medical and surgical methods. Insome jurisdictions, methods of treatment of the human body areconsidered as patentable. The need to grant patent protectionto medical methods is also reflected in the TRIPs Agreement. KEY POINTS: The article attempts to highlight the importance of grantingpatent protection to medical methods. Patents relating to themedical field fall into several categories. Though all thesepatents raise ethical issues, they are accepted by the societyand the medical profession and patents are available in allfields other than medical methods that include diagnostic, surgical,and therapeutic procedures. PRACTICAL SIGNIFICANCE: With the technological developments, new medical methods requireextensive research. The main concern is that medical methodsincrease the cost of healthcare and also stifle research. Butthese arguments are taken care of by the patent system itselfthat provides for compulsory licensing. The reality in the pharmaceuticalindustry shows that medical field is as sensitive to economicfactors as any other. Decisions of the Courts in various jurisdictionsprovide a valuable insight into the need for protection of medicalmethods. The recent milestone decisions of the US Supreme Courtand the Enlarged Board of Appeals of the European Patent Officeare an eye opener.     

重复授权审查标准的思考

通过讨论我国目前重复授权的审查标准,指出我国目前重复授权的审查标准存在的一些问题,以及这些问题可能会给后续阶段带来的一些不利影响;通过结合国外的一些关于重复授权的审查标准以及我国目前的实际情况,对于重复授权的审查标准提出建议。