480 research outputs found

    Synthesis of multifunctional nanoparticles for imaging and enhancement in therapy

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    The purpose of this work was to synthesize nanoparticles composed of high atomic number elements and semiconductor material in a core/shell structure for the potential to be used as enhancers for radiotherapy as well as luminescence imaging platforms. Additionally, to quantify their role in free radical production after exposure to ionizing radiation through chemical routes. Spherical gold nanoparticles were synthesized via a citrate stabilizer method. Two sizes of 12nm and 25 nm gold spheres were used as the cores for the europium-doped gadolinium vanadate flower-shaped shell. The production of 7-hydroxycoumarin-3-carboxylic acid in an aqueous environment upon kV irradiation of its precursor, coumarin-3-carboxylic acid, was assessed and used as a fluorescence detector for hydroxyl radicals. The quantification of excess or moderation of hydroxyl radicals in the presence of the nanomaterial as compared to a control sample can indicate the potential for increased DNA damage for purposes such as tumor control. This work indicates the potential for physical and chemical enhancement in the presence of nanomaterials

    Rethinking Novelty in Patent Law

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    The novelty requirement seeks to ensure that a patent will not issue if the public already possesses the invention. Although gauging possession is usually straightforward for simple inventions, it can be difficult for those in complex fields like biotechnology, chemistry, and pharmaceuticals. For example, if a drug company seeks to patent a promising molecule that was disclosed but never physically made in the prior art, the key possession question is whether a person having ordinary skill in the art (PHOSITA) could have made it at the time of the prior disclosure. Put differently, could the PHOSITA rely on then-existing knowledge in the field to fill in any missing technical details from the prior disclosure? This Article argues that existing novelty jurisprudence mishandles the possession question in two ways. First, it tends to overestimate the PHOSITA\u27s then-existing knowledge by failing to fully appreciate the complex nature of certain technologies. Second, the current examination framework vitiates the presumption of novelty by placing proof burdens on the would-be inventor that can thwart innovation and frustrate important objectives of the patent system. To resolve these problems and to fill a gap in patent scholarship, this Article proposes a new paradigm that reframes the novelty inquiry during patent examination. Its implementation will not only improve the quality of issued patents, but also make the patent literature a more robust source of technical information. This Article contributes to broader policy debates over patent reform and joins a larger effort to bridge the disconnect between patent law and the norms of science

    Ball, Bat and Bar

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    Most Americans assume that they live under one set of laws which govern everybody. They also think that while monopolies and their abuses were once a problem, regulatory measures have long since eliminated or controlled them. The business of organized baseball proves that both these assumptions are mistaken. Recent operations of some baseball companies have underscored the falsity of these assumptions. The baseball business operates under its own complicated body of private law, and has been doing so ever since the business got its real start with the formation of the National League in 1876. Organized baseball is also a monopoly which has long ignored the anti-trust laws and continues to do so with impunity. Its pretense to be a sport has become farcical

    Ball, Bat and Bar

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    Most Americans assume that they live under one set of laws which govern everybody. They also think that while monopolies and their abuses were once a problem, regulatory measures have long since eliminated or controlled them. The business of organized baseball proves that both these assumptions are mistaken. Recent operations of some baseball companies have underscored the falsity of these assumptions. The baseball business operates under its own complicated body of private law, and has been doing so ever since the business got its real start with the formation of the National League in 1876. Organized baseball is also a monopoly which has long ignored the anti-trust laws and continues to do so with impunity. Its pretense to be a sport has become farcical

    THE COMPETITIVENESS IMPACT OF A MULTILATERAL ELECTRICITY GENERATION TAX

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    The South African Government announced, in the 2008 Budget Review, the intention to tax the generation of electricity from non-renewable sources with 2c/kWh. This tax is to be collected by the producers/generators of electricity at the source. The intention of the tax is to serve a dual purpose of managing the potential electricity shortages in South Africa and to protect the environment. The primary objective of this paper is to evaluate the impact of an electricity generation tax on the international competitiveness of South Africa. Specifically, different scenarios are assessed to establish whether the loss of competitiveness can be negated through an international, multilateral electricity generation tax. The paper firstly considers the beneficial impact of environmental taxation on the competitiveness of a country. We subsequently apply the Global Trade Analysis Project (GTAP) model to evaluate the impact of an electricity generation tax on the competitiveness of South Africa, given multilateral taxes on SACU, SADC and European Union economies. We simulate the proposed tax as a 10 percent increase in the output price of electricity. We assume a closure rule that allows unskilled labour to migrate between sectors and a limited skilled workforce. As expected, a unilateral electricity generation tax in South Africa will adversely affect the competitiveness of the South African economy and slightly improve the competitiveness of the other SACU and SADC economies. However, if a multilateral tax is imposed throughout the SACU and SADC countries, South Africa will experience a marginally greater loss of competitiveness compared to a unilateral tax. At the same time the rest of the SACU and SADC countries will experience a loss of competitiveness. The benefit of emission reduction in South Africa will also be lower under these multilateral tax scenarios. The competitiveness effect on the South African economy as well as emission reduction will be more moderate under a multilateral South Africa/EU electricity generation tax than under a unilateral South African tax.

    From Monuments to Ruins: An Analysis of Historical Preservation in Jordan

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    The city of Amman, Jordan manages a plethora of archaeological sites that date back several millennia. Unfortunately, with the limited resources the government has at its disposal, the city is unable to conserve the sites in the best way possible. Because of this, a public disconnect between the value of history and attempts that are made to preserve it has emerged. This study explored the effects of historical conservation in Jordanian society. More specifically, the study focused on the relationship between how the public and the government perceives historical conservation efforts in Jordan. This study attempted to answer two research questions: to what extent does the Jordanian public value the heritage and historical conservation efforts in Jordan and to what extent does the Jordanian government value the history and conservation efforts in Jordan. In order to answer these questions, both qualitative and quantitative collection methods were used. Qualitative data used for analysis was collected through interviews with historical conservationists, professors and government officials, observations discerning the behavior of Jordanians at sites, and a mixture of literature and material culture review on the topic of historical conservation. Additionally, a survey distributed to University of Jordan undergraduates was used to analyze the public’s perspective of historical conservation. This study anticipated some observable levels of disrespect from the Jordanian community towards historical sites and conservation methods because of the government’s inability to educate the surrounding community on this topic

    Border Tax Adjustments to Negate the Economic Impact of an Electricity Generation Tax

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    In the 2008 Budget Review, the South African government announced its intention to levy a 2c/kWh tax on the sale of electricity generated from non-renewable sources. This measure is intended to serve a dual purpose of helping to manage the current electricity supply shortages and to protect the environment (National Treasury 2008). An electricity generation tax is set to have an impact on the South African economy. However, several instruments have been proposed in the literature to protect the competitiveness and economy of a country when it imposes a green tax, one of these remedies being border tax adjustments.This paper evaluates the effectiveness for the South African case, of border tax adjustments (BTAs) in counteracting the negative impact of an electricity generation tax on competitiveness. The remedial effects of the BTAs are assessed in the light of their ability to maintain the environmental benefits of the electricity generation tax. Additionally, the the Global Trade Analysis Project (GTAP) model is used to evaluate the impact of an electricity generation tax on the South African, SACU and SADC economies and to explore the possibility of reducing the economic impact of the electricity generation tax through BTAs. The results show that an electricity generation tax will lead to a contraction in South African gross domestic product (GDP). Traditional BTAs are unable to address these negative impacts. We propose a reversedBTA approach where gains from trade are utilised to counteract the negative effects of an electricity generation tax, while retaining the environmental benefits associated with the electricity generation tax. This is achieved through a lowering of import tariffs, as this will reduce production costs and thereby restore the competitiveness of the South African economy. The reduction in import tariffs not only negates the negative GDP impact of the electricity generation tax, but the bulk of CO2 abatement from the electricity generation tax is retained.

    Foresight Bias in Patent Law

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    Much of patent reform has focused on efforts to make it harder to obtain and enforce low-quality patents. The most straightforward way to achieve this goal is to raise the substantive standards of patentability. What is often ignored in discussions about raising patentability standards is that high-quality inventions can slip through the cracks. What is more troubling is that sometimes this happens because of bias. This Article draws attention to foresight bias, which occurs when a decision-maker lets over-pessimism and an oversimplified view of the future influence the patentability determination. Foresight bias leads to a patent denial regardless of the invention’s technical merit. Particularly susceptible are inventions emerging from “unpredictable†fields like chemistry and biotechnology — things like chemical compounds and DNA fragments. If the invention’s principal purpose is to serve as a “building block†for something else, it is unpatentable. The fear is that a patent could create a monopoly of knowledge and impede future research. Empirical studies, however, suggest that these fears have largely not materialized. More importantly, the patent denial costs the inventor, society, and the patent system. This Article offers a solution to this problem. It proposes a new paradigm that gauges the patentability of building block inventions in unpredictable fields objectively without reliance on the utility requirement — the principal conduit for foresight bias. Its implementation will promote disclosure, foster more creative activity, reduce wasteful duplicative research efforts, and promote technological progress — all important objectives of the patent system. Eliminating the bias will also reconnect the patent system to many of the technical communities that it serves

    The Teaching Function of Parents

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    In theory, a patent serves the public good because the disclosure of the invention brings new ideas and technologies to the public and induces inventive activity. But while these roles inherently depend on the ability of the patent to disseminate technical knowledge, the teaching function of patents has received very little attention. Indeed, when the document publishes, it can serve as a form of technical literature. Because patents can, at times, communicate knowledge as well as, or better than, other information sources, patents could become a competitive source of technical information. Presently, however, patents are rarely viewed in this manner. There are several reasons for this, including the lack of a working example requirement and the pervasive use of ambiguous or opaque language. My primary objective is to transform patents into readable teaching documents. Importantly, if patents are to compete with the technical literature, then they must provide the same quality of teaching. For this to happen, two things must occur. First, at least for complex inventions, an applicant must prove, through adequate detail, that the claimed invention has been constructed and works for its intended purpose. Second, applicants must be allowed to draft the document using clear and concise language, without the fear of litigation troubles. To achieve both, I contend that working examples should replace language as the principal measure of claim scope. To implement this idea, I propose a new examination protocol which gives the U.S. Patent Office the ability to request working examples when the disclosure\u27s teaching appears dubious. In exploring criticisms, I argue that, in contrast to the current disclosure framework, which can itself thwart innovation, the proposed regime will produce more technically robust patents, which will make it easier for subsequent inventors to improve upon existing patented technology, promote the diffusion of knowledge across disciplines, and serve as a driver for more creative innovation
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