Database Protection in a Global Economy

In 1996, a database treaty that the European Commission had put forward, in connection with the WIPO negotiations on transmissions in cyberspace, ultimately failed to win the support of other regional groups. Since then, the inability of the United States Congress to enact any form of database legislation has stymied further multilateral undertakings on this topic. This impasse may soon be broken, however, owing to the change of Administrations and to the appointment of new committee chairmen in the United States House of Representatives. This article will discuss the prospects for an international regulatory framework for non copyrightable databases in the light of recent developments in the United States. Part 2 will locate the database problem within the larger context of international intellectual property protection, and it will demonstrate why the European Commission’s 1996 Directive on the legal protection of databases represented a radical departure from basic tenets of the classical intellectual property system handed down from the nineteenth century. Part 3 will compare the existing E.U. model of database protection with the two proposed models currently under consideration in the United States, from which any compromise formula is likely to be drawn. It ends with some reflections on the deeper legal and economic implications of these proposals. Part 4 will then explore the implications for the international intellectual property system likely to arise if the U.S. adopts a model of database protection that differs significantly from that of the E.U. It proposes an umbrella treaty to bridge the gap between high and low protectionist models. While a low protectionist outcome in the United States is by no means certain at the time of writing, a careful consideration of ways and means to reduce friction between countries that opt to provide different levels of protection in the global marketplace seems merited at the present juncture

Compliance of Canada’s Utility Doctrine with International Minimum Standards of Patent Protection

This article analyzes the Canadian court case of Eli Lilly v. Novopharm and the utility doctrine in Canada, and international standards of patent protection including TRIPS and NAFTA. The ‘‘promise of the patent’’ doctrine in Canada seeks to ensure that firms do not obtain a legal monopoly on the basis of speculative claims about increased utility — especially claims about therapeutic efficacy — that were unsubstantiated at the time of filing. Under this test, some of Eli Lilly’s patented pharmaceutical products have been invalidated retroactively

Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options

In this Comment, the author traces the relevant legislative history pertaining to compulsory licensing of patented pharmaceuticals from the TRIPS Agreement of 1994 to the 2003 waiver to, and later proposed amendment of, article 31, which enables poor countries to obtain needed medicines from other countries that possess manufacturing capacity. The Comment then evaluates recent, controversial uses of the relevant legislative machinery as viewed from different critical perspectives. The Comment shows how developing countries seeking access to esential medicines can collaborate in ways that would avoid undermining incentives to innovation and other social costs attributed to compulsory licensing. It ends by defending the legality of recent measures taken to promote public health in developing countries, and by reminding developed countries that unilateral retaliation against such measures is demonstrably illegal under WTO foundational law and jurisprudence

Recoverable Values for Independent Sets

The notion of {\em recoverable value} was advocated in work of Feige, Immorlica, Mirrokni and Nazerzadeh [Approx 2009] as a measure of quality for approximation algorithms. There this concept was applied to facility location problems. In the current work we apply a similar framework to the maximum independent set problem (MIS). We say that an approximation algorithm has {\em recoverable value} $\rho$, if for every graph it recovers an independent set of size at least $\max_I \sum_{v\in I} \min[1,\rho/(d(v) + 1)]$, where $d(v)$ is the degree of vertex $v$, and $I$ ranges over all independent sets in $G$. Hence, in a sense, from every vertex $v$ in the maximum independent set the algorithm recovers a value of at least $\rho/(d_v + 1)$ towards the solution. This quality measure is most effective in graphs in which the maximum independent set is composed of low degree vertices. It easily follows from known results that some simple algorithms for MIS ensure $\rho \ge 1$. We design a new randomized algorithm for MIS that ensures an expected recoverable value of at least $\rho \ge 7/3$. In addition, we show that approximating MIS in graphs with a given $k$-coloring within a ratio larger than $2/k$ is unique games hard. This rules out a natural approach for obtaining $\rho \ge 2$

Dynamical Heterogeneity and Nonlinear Susceptibility in Short-Ranged Attractive Supercooled Liquids

Recent work has demonstrated the strong qualitative differences between the dynamics near a glass transition driven by short-ranged repulsion and one governed by short-ranged attraction. Here, we study in detail the behavior of non-linear, higher-order correlation functions that measure the growth of length scales associated with dynamical heterogeneity in both types of systems. We find that this measure is qualitatively different in the repulsive and attractive cases with regards to the wave vector dependence as well as the time dependence of the standard non-linear four-point dynamical susceptibility. We discuss the implications of these results for the general understanding of dynamical heterogeneity in glass-forming liquids.Comment: 5 pages, 3 figure