Patenting Living Matter in the European Community: Diriment of the Draft Directive

This article attempts to disentangle the mire of European patent authority and provide some picture of how the ultimate resolution of the proposed EC Directive will appear. Part I contains introductory and background materials on the biotech industry and the importance of patent protection to the future proliferation of technological innovation. Part I exposes current issues in the scientific and political realms of biotech patent law as well as the standard justifications for recognizing inventors rights, considerations that are presently shaping the debate in Europe. Part II attempts to ground the reader in the fundamentals of biotechnology patent laws as developed in the United States in order to provide a basic conceptual foundation for comparing and evaluating the bodies of European law. This section begins by introducing the basic statutory terminology before turning to a discussion of the landmark United States Supreme Court opinion in Diamond v. Chakrabarty, where the Court held that genetically altered living matter may be patented.8 The remainder of the section traces the legal developments spawned by the Chakrabarty decision. Part III begins with an introduction of the various bodies purporting to govern patent rights in Europe and attempts to resolve the supremacy issues among them. Attention then shifts to the proposed Council Directive on biotech patents: the procedures for its adoption, the political forces shaping the debate of life patents in Europe, and the important proposals for amending the original draft. Finally, this article will speculate on the ultimate resolution of the Draft Directive as a united system of patent laws for the European Community Member States

Evidence of the selection of tidal streams by northern rock sole (Lepidopsetta polyxystra) for transport in the eastern Bering Sea

Depth data from archival tags on northern rock sole (Lepidopsetta polyxystra) were examined to assess whether fish used tidal currents to aid horizontal migration. Two northern rock sole, out of 115 released with archival tags in the eastern Bering Sea, were recovered 314 and 667 days after release. Both fish made periodic excursions away from the bottom during mostly night-time hours, but also during particular phases of the tide cycle. One fish that was captured and released in an area of rotary currents made vertical excursions that were correlated with tidal current direction. To test the hypothesis that the fish made vertical excursions to use tidal currents to aid migration, a hypothetical migratory path was calculated using a tide model to predict the current direction and speed during periods when the fish was off the bottom. This migration included limited movements from July through December, followed by a 200-km southern migration from January through February, then a return northward in March and April. The successful application of tidal current information to predict a horizontal migratory path not only provides evidence of selective tidal stream transport but indicates that vertical excursions were conducted primarily to assist horizontal migration

RURAL INFRASTRUCTURE, TRANSACTIONS COSTS, AND MARKETED SURPLUS IN KENYA

We develop a conceptual framework for quantifying fixed transactions costs facing semisubsistence households. Using household survey data from a sample of 324 Kenyan maize farmers, we generate estimates of household supply and demand schedules, as well as the price bands that they face. Our econometric results indicate that on average the ad valorem tax equivalent of the fixed transactions costs facing the households in our sample is 28%. Additional analysis indicates that both remoteness and infrastructure quality have significant impacts on the size of the transactions costs facing farm households. To the best of our knowledge, ours are the first empirical estimates of the magnitude of transactions costs.Marketing,

Attractor Explosions and Catalyzed Vacuum Decay

We present a mechanism for catalyzed vacuum bubble production obtained by combining moduli stabilization with a generalized attractor phenomenon in which moduli are sourced by compact objects. This leads straightforwardly to a class of examples in which the Hawking decay process for black holes unveils a bubble of a different vacuum from the ambient one, generalizing the new endpoint for Hawking evaporation discovered recently by Horowitz. Catalyzed vacuum bubble production can occur for both charged and uncharged bodies, including Schwarzschild black holes for which massive particles produced in the Hawking process can trigger vacuum decay. We briefly discuss applications of this process to the population and stability of metastable vacua.Comment: 26 pages harvmac big; 2 figure

Taxation and the Location of U.S. Investment Abroad

Tax policy toward the overseas income of U.S. firms is an important issue since foreign investment accounts for a sizabLe fraction of total investment by U.S. firms. At present there is no consensus on the degree to which U.S. firms respond to tax incentives when making international investment decisions. This paper seeks to shed light on this issue. Because the tax systems of (at least) two countries are involved,the specification of tax incentives is far from trivial. For example, U.S.treatment is based on the foreign tax credit mechanism. In its purest form,this mechanism would insure that the net tax rate on all income of U.S. firms would be equal to the U.S. rate, rendering the tax rates in the host countries irrelevant. In fact, actual U.S. tax practice is far removed from an idealized foreign tax credit mechanism. For instance the U.S. tax is not collected until income is repatriated from abroad; section I points out that deferral changes the incentive effects in fundamental ways. Foreign income tax rates definitely do matter in theory; in fact, they may be of overriding importance.The remainder of the paper seeks to test these theoretical considerations. First,we describe the cross-section data that were collected for this purpose. Then, we report the result that U.S. firms respond to net rates of return in general and to properly specified tax rates in particular.

The Impact of Contaminated RR Lyrae/Globular Cluster Photometry on the Distance Scale

RR Lyrae variables and the stellar constituents of globular clusters are employed to establish the cosmic distance scale and age of the universe. However, photometry for RR Lyrae variables in the globular clusters M3, M15, M54, M92, NGC2419, and NGC6441 exhibit a dependence on the clustercentric distance. For example, variables and stars positioned near the crowded high-surface brightness cores of the clusters may suffer from photometric contamination, which invariably affects a suite of inferred parameters (e.g., distance, color excess, absolute magnitude, etc.). The impetus for this study is to mitigate the propagation of systematic uncertainties by increasing awareness of the pernicious impact of contaminated and radial-dependent photometry.Comment: To appear in ApJ