Market failure and intellectual property: a response to Professor Lunney

Professor Lunney\u27s piece in this volume is interesting enough that I forgive him for misportraying my own work. In this short reply I will clarify my position, and then examine both the place of my market failure argument and the place of some of Professor Lunney\u27s arguments within the future of Intellectual Property scholarship as a whole

Genetic markers associated with field PRRSV-induced abortion rates

In gilts and sows, the more severe clinical manifestation of PRRSV occurs in late gestation and can result in up to 40% of abortion incidence. Despite the known genetic component in the resilience to PRRSV, there is scarce information regarding the abortive outcome of this disease. We have tested the relationship between eight molecular markers (six from published studies and two identified in the present study in the HDAC6 gene) and the probability of abortion during a PRRSV outbreak, using data of two commercial Landrace x Large White sow farms with an incidence of abortion of 35% and 17%. From the markers tested, the USP18_-1533G>A did not segregate in these populations and CD163_c.3534C>T and HDAC6_g.2360C>T did not affect abortion rate. In contrast, the minor allele of two markers in SSC4 (WUR1000125 in GBP1 and rs340943904 in GBP5), which lower viremia in growing pigs, and the major alleles of CD163_rs1107556229 and HDAC6_rs325981825 were associated with lower probability of abortion during PRRSV outbreaks. The more striking result was for the MX1 gene, where odds ratio of aborting vs not was 9 times lower in the sows homozygous for a 275bp insertion than in the other genotypes. Interactions between markers were not relevant. All together, we bring here the first evidence that mutations in the host genome can predispose or protect from complete reproductive failure in sows infected with PRRSV.This research and the APC were partially funded by FEDER projects COMRDI16-1-0035-03 and RTI2018-097700-B-I00 from the Spanish Ministry of Science, Innovation, and Universities

The Use of Audio in Minimal Access Surgery

In minimal access surgery (MAS) (also known as minimally invasive surgery), operations are carried out by making small incisions in the skin and inserting special apparatus into potential body cavities through those incisions. Laparoscopic MAS procedures are conducted in the patient’s abdomen. The aim of MAS is faster recovery, shorter hospitalisation and fewer major post-operative complications; all resulting in lower societal cost with better patient acceptability. The technique is markedly dependent on supporting technologies for vision, instrumentation, energy delivery, anaesthesia, and monitoring. However, in practice, much MAS continues to take longer and be associated with an undesirable frequency of unwanted minor (or occasionally major) mishaps. Many of these difficulties result precisely from the complexity and mal-adaptation of the additional technology and from lack of familiarity with it. A survey of South East England surgeons showed the two main stress factors on surgeons to be the technical difficulty of the procedure and time pressures placed on the surgeon by third parties. Many of the problems associated with MAS operations are linked to the control and monitoring of the equipment. This paper describes work begun to explore ergonomic enhancements to laparoscopic operating technology that could result in faster and safer laparoscopic operations, less surgeon stress and reduce dependence on ancillary staff. Auditory displays have been used to communicate complex information to users in a modality that is complementary to the visual channel. This paper proposes the development of a control and feedback system that will make use of auditory displays to improve the amount of information that can be communicated to the surgeon and his assistant without overloading the visual channel. Control of the system would be enhanced by the addition of voice input to allow the surgeon direct control

Resilience effects of SGK1 and TAP1 DNA markers during PRRSV outbreaks in reproductive sows

The porcine reproductive and respiratory syndrome virus (PRRSV) is a major infectious stressor that causes serious health problems and productivity drops. Based on previous genome-wide analyses, we selected SGK1 and TAP1 as candidate genes for resilience, and genotyped three mutations, including a 3′UTR variant SGK1_rs338508371 and two synonymous variants TAP1_rs1109026889 and TAP1_rs80928141 in 305 Landrace × Large White sows. All polymorphisms affected the reproductive performance in the outbreak, but not during the endemic phase, thereby indicating a potential use of these markers for resilience. Moreover, some genotypes were associated with a stable performance across PRRSV phases. Thus, in the outbreak, the SGK1_rs338508371 AA sows had less piglets born alive (p < 0.0001) and more stillborns (p < 0.05) while other sows were able to keep their productivity. During the outbreak, TAP1_rs80928141 GG sows had less piglets born alive (p < 0.05) and both TAP1 polymorphisms influenced the number of mummies in an additive manner (p < 0.05). Remarkably, TAP1_rs80928141 AA sows had around one mummy more than GG sows (p < 0.01). Resilience to PRRSV could be improved by including the SGK1 and TAP1 markers in crossbreeding and/or selection schemes, as they contribute to maintaining a stable number of piglets born alive and lost, particularly mummies, despite the outbreak.This research and the APC were partially funded by FEDER projects COMRDI16-1-0035-03 and RTI2018-097700-B-I00 from the Spanish Ministry of Science, Innovation, and Universities. M.L. received a postdoctoral grant from UdL-Impuls programme

Magnetic field stabilization for high-accuracy mass measurements on exotic nuclides

The magnetic-field stability of a mass spectrometer plays a crucial role in precision mass measurements. In the case of mass determination of short-lived nuclides with a Penning trap, major causes of instabilities are temperature fluctuations in the vicinity of the trap and pressure fluctuations in the liquid helium cryostat of the superconducting magnet. Thus systems for the temperature and pressure stabilization of the Penning trap mass spectrometer ISOLTRAP at the ISOLDE facility at CERN have been installed. A reduction of the fluctuations by at least one order of magnitude downto dT=+/-5mK and dp=+/-50mtorr has been achieved, which corresponds to a relative frequency change of 2.7x10^{-9} and 1.5x10^{-10}, respectively. With this stabilization the frequency determination with the Penning trap only shows a linear temporal drift over several hours on the 10 ppb level due to the finite resistance of the superconducting magnet coils.Comment: 23 pages, 13 figure

Accurate mass measurements of 26^{26}Ne, 26−30^{26-30}Na, 29−33^{29-33}Mg performed with the {\sc Mistral} spectrometer

The minuteness of the nuclear binding energy requires that mass measurements be highly precise and accurate. Here we report on new measurements $^{29-33}$Mg and $^{26}$Na performed with the {\sc Mistral} mass spectrometer at {\sc Cern}'s {\sc Isolde} facility. Since mass measurements are prone to systematic errors, considerable effort has been devoted to their evaluation and elimination in order to achieve accuracy and not only precision. We have therefore conducted a campaign of measurements for calibration and error evaluation. As a result, we now have a satisfactory description of the {\sc Mistral} calibration laws and error budget. We have applied our new understanding to previous measurements of $^{26}$Ne, $^{26-30}$Na and $^{29,32}$Mg for which re-evaluated values are reported.Comment: submitted to Nuclear Physics

TITAN's Digital RFQ Ion Beam Cooler and Buncher, Operation and Performance

We present a description of the Radio Frequency Quadrupole (RFQ) ion trap built as part of the TITAN facility. It consists of a gas-filled, segmented, linear Paul trap and is the first stage of the TITAN setup with the purpose of cooling and bunching radioactive ion beams delivered from ISAC-TRIUMF. This is the first such device to be driven digitally, i.e., using a high voltage ($V_{pp} = \rm{400 \, V}$), wide bandwidth ($0.2 < f < 1.2 \, \rm{MHz}$) square-wave as compared to the typical sinusoidal wave form. Results from the commissioning of the device as well as systematic studies with stable and radioactive ions are presented including efficiency measurements with stable $^{133}$Cs and radioactive $^{124, 126}$Cs. A novel and unique mode of operation of this device is also demonstrated where the cooled ion bunches are extracted in reverse mode, i.e., in the same direction as previously injected.Comment: 34 pages, 17 figure

Counterfeits, Copying and Class

Consumers who want to express themselves by wearing contemporary clothing styles should not have to choose between expensive brands and counterfeit products. There should be a clear distinction in trademark law between illegal, counterfeit goods and perfectly legal (at least with respect to trademark law) knockoffs, in which aesthetically functional design attributes have been copied but trademarks have not. Toward that end, as a normative matter, the aesthetic features of products should not be registrable or protectable as trademarks or trade dress, regardless of whether they have secondary meaning, just as functional attributes of a utilitarian nature are not eligible for Lanham Act protection. With enough advertising, any product feature can acquire distinctiveness. Only the assertive deployment of functionality bars by courts can prevent the illegitimate and costly construction of trademark-based product monopolies. The purported trademark-related harms that stem from the production and distribution of noncounterfeit knockoffs are, in reality, the effects of legitimate competition based on attributes such as price, quality, consumer appeal, and retail availability, with which trademark law should not interfere. Repressing or illegalizing knockoffs illegitimately prevents lower income people from procuring and enjoying goods with aesthetic attributes that are not properly monopolized through trademark law, and probably perversely increases the demand for counterfeit items

Simultaneous expression of CD4 and CD8 antigens by a substantial proportion of resting porcine T lymphocytes

The existence of four subpopulations in resting porcine T lymphocytes is documented. In addition to the two known subpopulations which are typified by a mutually exclusive expression of either the CD8 or the CD4 differentiation antigen, CD4-CD8+ and CD4+CD8- T lymphocytes, respectively, two unusual subpopulations were prominent not only in peripheral blood, but also in lymphoid tissues: CD4-CD8- T lymphocytes expressing neither of these antigens and CD4+CD8+ T lymphocytes coexpressing both antigens. While CD4+CD8+ lymphoblasts have been found also in other species, resting T lymphocytes with that phenotype are without precedent among all species analyzed to date. This unique composition of the porcine T lymphocyte population has to be taken into consideration when the swine is used as a large animal model in experimental medicine