Commonwealth Times 2007-03-22

https://scholarscompass.vcu.edu/com/2507/thumbnail.jp

Evaluating a Potential US-China Bilateral Investment Treaty: Background, Context and Implications

[Excerpt] This paper, prepared by the Economist Intelligence Unit for the US-China Economic and Security Council, summarises the context, current discussions and implications of a potential US-China bilateral investment treaty (BIT). The paper is organised in six sections: I. Existing US BITs II. China’s current BITs with other countries III. The potential US-China BIT IV. Major regulatory and transparency issues V. Implications for the US economy VI. Interviews Simply defined, a BIT is a treaty between two countries designed to promote and protect investments between the two signatory states. A BIT provides investors with a safer and more transparent investment environment by guarding against the risk of expropriation by the host state. Many countries, especially the larger economies, sign BITs with their main trading partners, both to ensure that companies from their country receive proper protection when they make investments abroad and to ensure that their rights can be protected and enforced through binding international arbitration

Questioning the Frequency and Wisdom of Compulsory Licensing for Pharmaceutical Patents

Many advocates for using compulsory licensing (CL) for pharmaceutical patents in developing countries like Thailand rest their case in part on the purported use of CL in the United States. In this Article we take issue with that proposition on several grounds. As a textual matter, the commercially reasonable terms language in Article 31 of TRIPS, even when qualified by the Doha declaration, prevents any host nation from using whatever royalties it wants in its CL arrangements, especially those that are below marginal cost. As a theoretical matter, we argue that the basic presumption in favor of voluntary licenses for intellectual property (IP) should apply in the international arena, in addition to the domestic one. In the international context, voluntary licenses are of special importance because they strengthen the supply chain for distributing pharmaceuticals and ease the government enforcement of safety standards. Next, this Article analyzes several of the key illustrations of purported CL for drug patents in the United States and shows that the use of CL elsewhere deviates in material ways from the standard US practices. These are the compulsory copyright licenses for music, the limited statutory exemptions for pharmaceuticals and medical procedures, the award of damages instead of injunctions after eBay Inc v MercExchange, LLC, government takings, and the use of compulsory licenses in antitrust settlements. Whatever the ultimate desirability of these American doctrines, none of them seeks to reduce the payment on licenses to the marginal cost of the licensed goods. Any need to help poor people gain access to vital drugs should not rely on CL, but instead should rely on tools precisely aimed at that purpose, including direct government purchases of patented drugs from their manufacturers at negotiated prices

Prospectus, April 12, 2006

https://spark.parkland.edu/prospectus_2006/1011/thumbnail.jp

Questioning the Frequency and Wisdom of Compulsory Licensing for Pharmaceutical Patents

Many advocates for using compulsory licensing ( CL ) for pharmaceutical patents in developing countries like Thailand rest their case in part on the purported use of CL in the United States. In this paper we take issue with that proposition on several grounds. As a theoretical matter, we argue that the basic presumption in favor of voluntary licenses for IP should apply in the international arena, in addition to the domestic one. In the international context, voluntary licenses are of special importance because they strengthen the supply chain for distributing pharmaceuticals and ease the government enforcement of safety standards. Next, this paper analyzes several of the key illustrations of purported CL for drug patents in the United States and shows that the use of CL elsewhere deviates in material ways from the standard U.S. practices. These are the compulsory copyright licenses for music; the award of damages instead of injunctions after eBay v. MercExchange, and the use of compulsory licenses in antitrust settlements. Whatever the ultimate desirability of these American doctrines, none of them seeks to reduce the payment on licenses to the marginal cost of the licensed goods. Any need to help poor people gain access should not rely on CL, but instead should rely on tools precisely aimed at that purpose, including direct government purchases of patented drugs from their manufacturers at negotiated prices

The dark side of the internet: a study about representations of the deep web and the Tor network in the British press

The imaginary of the Deep Web is commonly associated with crime, crypto markets and immoral content. However, the best-known Deep Web system, the Tor Network, is a technology developed to protect people’s privacy through online anonymity, in the context of the contemporary culture of surveillance, thus enabling civil liberties. To understand this contradiction, this thesis looks at the British press representation of the Deep Web and the Tor Network. An extensive empirical research study unveils how newspapers portray these technologies, by looking at meanings, uses and users. In order to meet this goal, this research conducts a content analysis of 833 articles about Deep Web technologies published between 2001 and 2017 by six British newspapers – tabloids Daily Mail, Daily Mirror and The Sun, and quality newspapers Daily Telegraph, The Guardian and The Times – and a critical discourse analysis of 58 reports mentioning the Tor Network, issued by the same newspapers, between 2008 and 2017. The findings demonstrate that the British press represents the Deep Web in a sharply negative way, through negative concepts, definitions and associations. This portrayal attributes opacity to the Deep Web, engendering distrust of its uses and propagating user stereotypes that reflect an overall criminalisation of privacy. Also, the press presents a hyper- panic approach by consistently connecting this new medium to well-known social anxieties and portraying these technologies as undesirable, immoral and illegal. Hyper-panic is the theoretical contribution of this thesis and can be explained as the way in which media panic (the Deep Web, in this case) multiplies moral panic (for instance, terrorism, paedophilia and drug consumption). Specifically about Tor, this work concludes that the media present multiple aspects of this system, from discussing the ways in which one can enable civil liberties, to condemning criminals hiding behind technology, addressing the inherent ambivalence connected to the uses of online anonymity, i.e. it is neither completely bad nor completely good. The general synopsis about Tor, however, is still negative. Finally, the consistent association by the British press between the Deep Web and criminal and antisocial behaviours promotes a dissociation between the Deep Web and the Web itself, in that cyberspace is separated between negative uses (the Deep Web) and positive uses (the Web), instead of being understood as a nuanced whole

Prospectus, September 14, 2011

DEADLY PURPLE HUES: THE NEGATIVE EFFECTS OF DRUG ABUSE, Surgical Technology Program Celebrates 40 Years with Reception, Partners for Parkland 2011, Embracing Life After 9/11 - Phoenix Park, The Same Old Song?, China\u27s Spilled Secrets, College Student\u27s Helps Childhood Amputees, Chuck Shepherd\u27s News of the Weird, Students Face Travel Headwinds: Weak Dollar and Economy Crimp Trips, Internet Safety Tips with Buster Bytes, Fragmented Sleep May Impair Memory, Cobras International Athletes Shine, Behind the Scenes: Parkland Theatre (part two), A Talk with Anita Robinson of the band Viva Vocehttps://spark.parkland.edu/prospectus_2011/1011/thumbnail.jp

Questioning the Frequency and Wisdom of Compulsory Licensing for Pharmaceutical Patents

Many advocates for using compulsory licensing (“CL”) for pharmaceutical patents in developing countries like Thailand rest their case in part on the purported use of CL in the United States. In this paper we take issue with that proposition on several grounds. As a theoretical matter, we argue that the basic presumption in favor of voluntary licenses for IP should apply in the international arena, in addition to the domestic one. In the international context, voluntary licenses are of special importance because they strengthen the supply chain for distributing pharmaceuticals and ease the government enforcement of safety standards. Next, this paper analyzes several of the key illustrations of purported CL for drug patents in the United States and shows that the use of CL elsewhere deviates in material ways from the standard U.S. practices. These are the compulsory copyright licenses for music; the award of damages instead of injunctions after eBay v. MercExchange, and the use of compulsory licenses in antitrust settlements. Whatever the ultimate desirability of these American doctrines, none of them seeks to reduce the payment on licenses to the marginal cost of the licensed goods. Any need to help poor people gain access should not rely on CL, but instead should rely on tools precisely aimed at that purpose, including direct government purchases of patented drugs from their manufacturers at negotiated prices