FRANDly fire: are industry standards doing more harm than good?

Legal context: The role of IP rights in standards; the meaning of the obligationimposed by many standards bodies on essential patent holdersto licence on fair, reasonable, and non-discriminatory (‘FRAND’)terms; the example of IPR policy of the European TelecommunicationsStandards Institute; recent US developments. Key points: Industry standards are of key commercial and technical significance.Yet many standards are currently burdened by litigation betweenessential patent holders and licensees. Such standards bodieshave been slow to give guidance on the meaning of the obligationsimposed on essential patent holders. This article takes theexample of the obligation to licence essential patents on FRANDterms, analysing the obligation in the context of European competitionlaw. The article concludes with some suggestions for pointsfor companies to include in their internal policies on licensingstandards essential patents. Practical significance: The meaning of the obligation to licence on FRAND terms is veryimportant for licensors and licensees alike. This article putsthe obligation in context and discusses the various approacheswhich may be taken in practice.     

Common ground: exploring policy approaches to addressing racial disparities from the left and the right

Although the existence of racial and ethnic disparities is increasingly recognized, a complete understanding of the causes and solutions to these problems remains elusive. Part One of this paper provides a historical overview of the origins of these disparities. Part Two outlines fundamental challenges to achieving a clear understanding of the problem and briefly discusses current policy strategies espoused by conservative and liberal proponents. Finally, Part Three provides an in-depth discussion of one promising approach with significant bipartisan support.     

SOCIAL AND ECONOMIC INSTABILITY IN COSTA RICA: PRE-CONDITIONS FOR MILITARIZATION?

Controversy continues to surround the issue of militarization in Costa Rica. On one side, claims are made that external forces such as the Reagan administration or other foreign powers have created the recent period of social and economic instability in order to militarize Costa Rica and extend military influence in Central America. On the other hand, it has been argued that some of these external agents are simply offering aid to their Costa Rican friends during a period of social and economic instability. Similar contentions suggest that Costa Rica is only protecting itself from its neighbor to the north, Nicaragua, or that the present move toward militarization is only the professionalization of the police force. This paper examines some of the conditions that promote militarization in Costa Rica and explores moral, economic, and political issues related to the militarization of a country that has pursued a "no army" policy for almost forty years.     

A NEW DEFENSE POLICY FOR COSTA RICA: CONSTRUCTING REALITY AND THE POLICY AGENDA

This paper examine5 the policymaking progress in Costa Rica, specifically the creation of a new item for the governmental agenda. This new agenda challenges the traditional Itno army" policy of Costa Kica. Following a brief historical overview of the traditional policy, the paper considers the role of specific factors that promote structural conduciveness for the new "defense" policy and the attendant transformation of political symbols and definitions. The impact of the definitional and organizational changes on the implementation stage of policy is explored. This article suggests the importance of studying the role of hegemony in the construction and transformation of political and cultural definitions, an explication of deci- sionmaking as well as nondecisionmaking processes, and the influence of external and internal threats on nation-state dependency.     

Heroin policy and deficit models

This paper critically assesses Left Realist approaches to understanding heroin use and to formulating policies with which to deal with heroin use as a social problem. It criticises the epistemological foundation of Left Realism, querying especially its prioritizing of inner city residents' experiences. Dorn and South's Left Realist account of heroin use and their formulation of an appropriate policy are then argued to have fundamental weaknesses as a result of their Left Realist assumptions. The paper then attempts to indicate some alternative paradigms for interpreting drug use, developing especially a focus on theorizing demand, and suggests alternative policy directions which emerge from this. *** DIRECT SUPPORT *** AW502012 00003