An Approach to Clinical Sociology

The clinical approach as a means of sociological research is essentially a group way of studying and solving problems.1 Perhaps this group approach has been most extensively developed in the fields of medicine, psychology, and social work. It is difficult to explain why a discipline which analyzes and studies social relationships has relegated to the background or never developed the possibilities and values of clinical sociology.

Evaluation of the Reforms of the Intellectual Property Enterprise Court 2010-2013

Over the course of this report, we analyse both quantitatively and qualitatively the impact of the 2010­ 2013 reforms undertaken at the former Patents County Court (PCC), now the Intellectual Property Enterprise Court (IPEC). The reforms introduced a number of changes staggered over the period 2010­ 2013, including a cap on recoverable costs and damages, a reduction of the length as well as complexity of court actions, and a reconstitution of the PCC as the IPEC. In our quantitative case counts we find that there has been a large increase in the quantity of cases filed at the IPEC, post-reforms, while through a comparative study of the High Court (HC) and Patents Court (PHC) we show that with the exception of patent cases, there has not been a corresponding increase in cases at the higher level. We find quantitative and qualitative evidence that the costs cap and active case management by the IPEC judge have been the most influential reforms with respect to the large increase in cases filed at the IPEC post-reforms. We also note that case filings by SMEs have increased substantially following the reforms, fulfilling one of the key aims of the reforms. Importantly, we find that this effect is driven by changes at the extensive (more claimants) and intensive (more cases per claimant) margins of litigation behaviour at the IPEC. Finally, we provide a theoretical model that allows us to gauge the effect of the reforms on those IP disputes that never reach a court. Our theoretical predictions suggest that in addition to encouraging more IPEC case filings, the reforms have had the effect of increasing the quantity of out-of-court settlements as well

Is there a patent troll problem in the UK?

This paper reports the findings of an empirical study of patent suits involving non-practicing entities (NPEs) in the U.K. between 2000 and 2010. Overall, we find that NPEs are responsible for 11% of all patent suits filed in the U.K. during this period. Though this is a small percentage by U.S. standards, our study suggests that patent trolling might not be as uniquely American as conventional wisdom suggests. We also find little support for many common explanations for Europe’s relative scarcity of NPE activity. For example, we find that NPEs litigating in the U.K. overwhelmingly assert high-tech patents – even more so, in fact, than their U.S. counterparts – despite higher barriers to software patentability in Europe. Our study does, however, tend to support fee-shifting as a key reason for the U.K.’s immunity to NPEs. We see evidence that the U.K.’s loser-pays legal regime deters NPEs from filing suit, while at the same time encouraging accused infringers to defend claims filed against them. U.K. NPE suits are initiated by potential infringers more often than by NPEs; rarely end in settlement; very rarely end in victory for NPEs; and, thus, result in an attorney’s fee award to the potential infringer more often than a damages award or settlement payment to the patentee. Together, these findings tend to support patent reform bills pending in the U.S. that would implement a fee-shifting regime for patent suits, and may also serve to lessen concerns that Europe’s forthcoming Unified Patent Court will draw NPEs to Europe

Metal-containing nanoparticles and nano-structured particles in fingermark detection

This article reviews the application of metal-containing nanoparticles and nano-structured particles to fingermark detection. This area of research is attracting significant interest as advances in nanoscience are being incorporated into the field of forensic fingermark detection. Although more research is needed before some of the techniques presented can be implemented in routine casework, nanotechnology is likely to play a major role in the future to deliver more selective and more sensitive ways to detect and enhance fingermarks. © 2008 Elsevier Ireland Ltd. All rights reserved

The Effect of Fee Shifting on Litigation: Evidence from a Court Reform in the UK

We study a U.K. court reform that established a cap on the amount of costs that a successful litigant may recover in a case litigated in the Patents County Court (PCC, now the IP Enterprise Court). We first build a theoretical model showing that the introduction of a costs cap is equivalent to an intermediate cost allocation rule falling between the English and American Rules. Our model suggests that the impact of the introduction of such a fee-shifting rule on the number of claims filed and the settlement rate is ambiguous. It shows, however, that the effect of the costs cap on IP holders' incentives to file a claim is stronger for smaller IP holders. Our empirical analysis of the impact of the costs cap takes advantage of our ability to compare IP litigation in the PCC with IP litigation in the High Court of England and Wales, which was not directly affected by the reform. Contrary to the existing literature, we find that the costs cap increased the number of cases filed by smaller companies and decreased the rate of settlement

The life and death of Section 44 (Stop and Search) Terrorism Act 2000

This professional doctorate is about the life (inception), the utilisation (implementation) and ultimately the death (repeal) of a highly controversial and unpopular counter terrorism stop and search power (Section 44 of the Terrorism Act 2000) that was deployed within the United Kingdom. At the time of writing this professional doctorate the United Kingdom (UK) threat level stands at SUBSTANTIAL. This means that the Joint Terrorism Analysis Centre (JT AC), MI5 have assessed the intelligence that it holds and has reported to the Home Secretary that 'A TERRORIST ATTACK IS A STRONG POSSIBILITY'. However, at the peak of the utilisation in 2005, following the horrific terrorist attacks in London on the 7th July (717) the threat was raised to SEVERE, which meant that JTAC assessed the treat as: 'AN ATTACK IS HIGHLY UKELY'. It must be acknowledged that the concept of utilising exceptional, reconfigured and controversial counter terrorism stop and search powers in a largely conservative society that prides itself on its freedom of speech, freedom of movement and freedom to protest was always going to be a delicate balancing act for the UK Government, Police and Police Authorities. This professional doctorate is about that balancing act and ultimately why the Government and the Metropolitan Police Service (MPS) got it so badly wrong. This professional doctorate makes a contribution to the body of knowledge in the field of stop and search by providing an insight into how the wider Policing Service managed and deployed those counter terrorism powers, whilst attempting to reassure the community. The problems encountered, when overlaying such controversial tactics and the importance of winning, gaining and maintaining the trust and confidence in those tactics from all communities. This professional doctorate has reviewed, examined and analysed past and present thinking and practices within the counter terrorism environment surrounding the use of counter terrorism stop and search powers, in particular the Metropolitan Police Service. The author of this professional doctorate is in a unique position as he is the Commanding Officer for the Metropolitan Police Service Counter Terrorism Protective Security Command (S020) and was for four years the operational lead for Section 44. He remains the Senior National User (SNU) on terrorism stop and search and the MPS lead for the development and introduction of the new Section 47 A Terrorism Act 2000 (TACT) legislation

Empathic design : emerging design research methodologies

A new relationship between product designers and the users of products is emerging. It is now being realised that users have complex supra-functional needs, which include the emotional, spiritual, social, tribal aspects of the relationship between particular products and the user/consumer'. Users seek more than mere functionality. In order to meet these needs designers need to actively develop research methodologies that are specifically aimed at collecting design relevant data which includes the often difficult to grasp elements of the supra-functional. The comfort zone for many designers involves designing products for themselves (or people like themselves) when intuition and insight can be closely matched. In modern, international markets and with increasingly demanding consumers, such approaches are inadequate. However, it is possible for designers to become directly immersed in researching users' needs and experiences rather than rely on third party research which, whilst potentially valuable, does not enable the same intimacy and potential for growth of experience for the designer. This approach is termed empathic design research. It seeks to broaden designers' 'comfort zone' by expanding the number of people they can empathise with, broadening their 'empathic horizon'. This thesis presents a body of published work by the author that explores the position of design research in relation to the changing role of Industrial/Product designers. The thesis consists of an introductory paper that pulls together the various strands in the published work. Following this a set of ten journal papers, one refereed conference paper and three book chapters is presented. The work as a whole defines a number of research approaches that designers can employ to elicit and understand users' suprafunctional needs. The papers establish the evolving context of product design and the growing interest in User-centred Design in its various forms. They examine research approaches that extend beyond user observation, involvement and draw the designer into a more empathic contact with users to illuminate functional and supra-functional requirements. Designers must learn to 'get under the skin' of the user; to develop empathy with users from population groups very different from their own in terms of culture, age and ability. This empathic intimacy can result in data generation and insight with this evaluation becoming an integral part of the designing process. The changing role of the product designer, as well as the nature of the design research process, frames the argument for adopting an empathic design research model. Finally, the author explores the implications of this important paradigm shift for design education.EThOS - Electronic Theses Online ServiceGBUnited Kingdo