Post-termination use of licensed intellectual property by licensees

Legal and practical context: The ongoing dispute between Nokia and Qualcomm exemplifies thecomplex issues that arise when the licensor–licensee relationshipbreaks down. It illustrates that any means by which a licenseecan secure rights to use licensed IP after termination of alicence agreement can be of great commercial importance, notto mention significant economic value. If a licensee can continueto use licensed IP notwithstanding that its agreement has beenterminated, a licensor's ability to control and derive maximumeconomic benefit from its IP may be fundamentally compromised. Key points: The means available to licensees to secure such rights varydepending on the kind of IP right licensed, but there are severalcommon themes, which draw on a diverse range of legal rulesand concepts, including specific IP concepts and laws (includingthe rules relating to assignment and licensing, the exhaustionof rights, revocation and invalidation, and defences to infringementclaims), contract law and competition law. This article discussespractical implications to be considered when drafting IP licenceagreements. Conclusions: From a licensee's perspective, the termination of its licenceagreement is not necessarily the end of the road. Licenseesshould be aware of these post-termination rights when expectingto face difficult renegotiations with a licensor. From bothparties' perspectives, but particularly that of licensor, thisarticle should demonstrate the importance of drafting to avoidany uncertainty that may arise on the termination of a licenceagreement.     

Networked Governance or Just Networks? Local Governance of the Knowledge Economy in Limerick (Ireland) and Karlskrona (Sweden)

The emergence of networked governance of knowledge activities is portrayed as one component of a more general shift from government to governance. This article suggests that a distinction can be drawn between networks and networked governance and provides some insights into the indicators that might help distinguish networked governance from networks. The distinction is applied empirically to emerging forms of local networks in ICT in Limerick and Karlskrona. Differences between the two regions can be conceptualised with reference to the governance role of local networks in steering, setting directions and influencing behaviour. The article identifies the characteristics of network arrangements that appear to be necessary for governance objectives to be satisfied; these are density, breadth and association with values such as trust, mutuality and shared identity. The article shows that there is a need to approach generalised theories of emerging models of governance with sensitivity to cross-regional variations around these characteristics. Claims regarding the emergence of new forms of governance in local spaces may be exaggerated if all types of network arrangements are taken as evidence of a transformation from government to governance.     

Productivity ratings of graduate programs in criminal justice based on publication in ten critical journals

This article examines scholarly productivity among faculty members of graduate programs in criminal justice. Studies of scholarly productivity in other disciplines have frequently appeared in the literature. Cartter's early work on “prestige levels” was cited as being the forerunner in this respect. The authors obtained rankings of the “ten most critical” journals from graduate criminal justice program directors. After the list of journals was compiled, these journals were searched for the most recent five-year period. Articles published by full-time faculty members at fifty-two institutions were included in the study. In addition to total productivity, data on productivity adjusted for faculty size was also presented. Problems and controversy associated with this type of work are cited by the authors.     

Sudden unexpected death in epilepsy: neuropathologic findings

Sudden unexpected death in epilepsy refers to sudden death of an individual with a clinical history of epilepsy, in whom a postmortem examination fails to uncover a gross anatomic, toxicologic, or environmental cause of death. Evidence of terminal seizure activity may not be present. One to two percent of natural deaths certified by the medicolegal death investigator are attributed to epilepsy. Detailed microscopic examination of the brain has increasingly afforded the identification of structural changes representative of epileptogenic foci. The authors present 70 cases of death attributed to sudden unexpected death in epilepsy. These cases were classified as follows: individuals who lacked a gross brain lesion, those who had a brain lesion demonstrable at autopsy, and those who lacked neuropathologic evaluation because of decomposition or because only an external examination was done. All of the subjects had a clinical history of seizures. The authors confirm that various microscopic findings, including neuronal clusters, increased perivascular oligodendroglia, gliosis, cystic gliotic lesions, decreased myelin, cerebellar Bergmann's gliosis, and folial atrophy, are present in a higher percentage of the brains of sudden unexpected death in epilepsy subjects than in the brains of age- and sex-matched control subjects.     

The Four Horsemen of Terrorism: It's Not Waves,It's Strains

David Rapoport's concept of Four Waves of terrorism, from Anarchist terrorism in the 1880s, through Nationalist and Marxist waves in the early and mid-twentieth century, to the present Religious Wave, is one of the most influential concepts in terrorism studies. However, this article argues that thinking about different types of terrorism as strains rather than waves better reflects both the empirical reality and the idea that terrorists learn from and emulate each other. Whereas the notion of waves suggests distinct iterations of terrorist violence driven by successive broad historical trends, the concept of strains and contagion emphasizes how terrorist groups draw on both contemporary and historical lessons in the development of their tactics, strategies, and goals. The authors identify four distinct strains in total—Socialist, Nationalist, Religious, and Exclusionist—and contend that it is possible to trace each strain back to a “patient zero” active in the 1850s.     

Fostering political leadership for the demographic dividend in Africa: relevant cultural values

A foremost challenge to the realisation of the accelerated economic growth of the demographic dividend in Africa remains the commitment of the region’s political leadership to creating the enabling contexts to maximise the potential of its youthful population. This viewpoint considers three critical African cultural mores – the reverence-for-posterity norm; leader-as-community-proxy culture; and the elder tradition – that offer unique levers for fostering political leadership for the demographic dividend in Africa. Strategies for successfully tapping these cultural traditions require further research.