The Logic & Limits of the Exceptional Circumstances Test in Magill and IMS Health

In this Article, we show that, in contrast to the Commission\u27s balancing approach in Microsoft, the ECJ\u27s narrow construction of the obligation to license IP under Article 82 of the EC Treaty is based on sound economics and constitutes appropriate public policy. The set of “exceptional circumstances” listed in Magill and IMS Health constitutes a reasonable implementation of the optimal legal standard for the assessment of refusals to licence IP: modified per se legality. In the IP context, an obligation to make property available is a requirement for compulsory licensing. The ECJ test limits compulsory licensing to those situations in which the prospective social benefits of licensing are large, while the negative effects of reducing the incentives to innovate are small. The ECJ test ensures that intervention is restricted to cases where the intervention is still likely to increase social welfare. The Commission\u27s test in Microsoft, being a balancing test, does not. As noted by Professor Gerardin, “balancing ex ante vs. ex post efficiencies is obviously a very difficult process, which even the most sophisticated economists may find daunting. The risk of mistaken decisions is therefore high.

The current situation for the water sources in the Maltese Islands

This commentary addresses issues related to the scarcity of water in the Maltese Islands and its main causes. Some basic metrics related to the abstraction of freshwater, contamination of groundwater by nitrate and the limitations and challenges of the water sources in the Maltese Islands are highlighted. Hereafter, the relation between water scarcity, rainfall and population density, as well as the resultant effects on the sustainability of the freshwater sources of the Maltese Islands are presented. The current focus is on the production of good quality water based on a number of Reverse Osmosis (RO) plants that are found around the Maltese Islands. The significant energy requirements of this technology are compared with those for groundwater and wastewater treatment production. Current practices in the Maltese Islands regarding the treatment and use of sewage effluent by Sewage Treatment Plants (STPs) are described. The use of treated sewage effluent as an alternative source of water to RO water and of groundwater for second class uses is discussed. This paper concludes that the technology needed to employ treated effluents for unrestricted agricultural use and also for aquifer recharge is now in existence.peer-reviewe

Coherent back and forward scattering peaks in the quantum kicked rotor

We propose and analyze an experimental scheme using the quantum kicked rotor to observe the newly-predicted coherent forward scattering peak together with its long-known twin brother, the coherent backscattering peak. Contrary to coherent backscattering, which arises already under weak-localization conditions, coherent forward scattering is only triggered by Anderson or strong localization. So far, coherent forward scattering has not been observed in conservative systems with elastic scattering by spatial disorder. We propose to turn to the quantum kicked rotor, which has a long and succesful history as an accurate experimental platform to observe dynamical localization, i.e., Anderson localization in momentum space. We analyze the coherent forward scattering effect for the quantum kicked rotor by extensive numerical simulations, both in the orthogonal and unitary class of disordered quantum systems, and show that an experimental realization involving phase-space rotation techniques is within reach of state-of-the-art cold-atom experiments.Comment: 26 pages, 11 figure

Variational Sequential Monte Carlo

Many recent advances in large scale probabilistic inference rely on variational methods. The success of variational approaches depends on (i) formulating a flexible parametric family of distributions, and (ii) optimizing the parameters to find the member of this family that most closely approximates the exact posterior. In this paper we present a new approximating family of distributions, the variational sequential Monte Carlo (VSMC) family, and show how to optimize it in variational inference. VSMC melds variational inference (VI) and sequential Monte Carlo (SMC), providing practitioners with flexible, accurate, and powerful Bayesian inference. The VSMC family is a variational family that can approximate the posterior arbitrarily well, while still allowing for efficient optimization of its parameters. We demonstrate its utility on state space models, stochastic volatility models for financial data, and deep Markov models of brain neural circuits