To send content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about sending content to .
To send content items to your Kindle, first ensure firstname.lastname@example.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about sending to your Kindle.
Note you can select to send to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Thrombocytopenia is a risk factor for patent ductus arteriosus. Immature and mature platelets exhibit distinct haemostatic properties; however, whether platelet maturity plays a role in postnatal, ductus arteriosus closure is unknown.
In this observational study, counts of immature and mature platelets (=total platelet count − immature platelet count) were assessed on days 1, 3, and 7 of life in very low birth weight infants (<1500 g birth weight). We performed echocardiographic screening for haemodynamically significant patent ductus arteriosus on day 7.
Counts of mature platelets did not differ on day 1 in infants with (n = 24) and without (n = 45) haemodynamically significant patent ductus arteriosus, while infants with significant patent ductus arteriosus exhibited lower counts of mature platelet on postnatal days 3 and 7. Relative counts of immature platelets (fraction, in %) were higher in infants with patent ductus arteriosus on day 7 but not on days 1 and 3. Receiver operating characteristic curve analysis unraveled associations between both lower mature platelet counts and higher immature platelet fraction (percentage) values on days 3 and 7, with haemodynamically significant ductus arteriosus. Logistic regression analysis revealed that mature platelet counts, but not immature platelet fraction values, were independent predictors of haemodynamically significant patent ductus arteriosus.
During the first week of postnatal life, lower counts of mature platelets and higher immature platelet fraction values are associated with haemodynamically significant patent ductus arteriosus. Lower counts of mature platelet were found to be independent predictors of haemodynamically significant patent ductus arteriosus.
The German patent system launched in 1877 has usually been treated merely as a later variant of the Anglo-American system. Yet the German system was novel in allowing both State and judiciary unprecedented discretion to constrain the rights claims of inventors, with prolonged debates on the abstract principles that should guide the legal frameworks of patenting practice. Moreover, due to the economic power of Germany in the latter decades of the nineteenth century, neighboring nations tended to follow its patent model to a significant extent. The success of the Germanic system in its variant forms thus a significant factor in the rapid subsequent development of patent systems in Central, Northern, and Eastern Europe. As German patent theorists continued to debate the statutory rationales for patents as a species of intellectual property for half a century, the variety of ideological interpretations to which the German system was susceptible was another reason why other nation-states drew upon it in developing their own distinctive forms of patent legislation.
Patents as “exclusive privileges” were introduced in India in 1856 when it was a colony of the British Empire. Many developed countries, then as now, used patent systems as policy levers to encourage importation and adoption of inventions in order to strengthen their technological capabilities. Yet even under the influence of British patent law, by the time of its independence in 1947 India was technologically far behind. This chapter examines this issue by focusing on patent policy and policy making in colonial India to highlight how colonial constraints on the political and legislative freedom of the Government of India had an adverse effect on choosing a patent policy conducive to India’s cultural interest. The analysis draws from the empirical evidence of inventors’ experiences of obtaining and enforcing patent rights in British India, and the role of various stakeholders in influencing the patent policy. It specifically outlines the case of patentees Messrs Thomson & Mylne, whose efforts led to the first large-scale commercialization of an Indian patent and reassessment of the proposed patent law vis-à-vis the needs of the Indian agricultural sector.
Agreements about reciprocal recognition of patent rights between nations were at the heart of discussions at the International Union for the Protection of Industrial Property held in Paris in 1883. Yet while some treat the so-called “Paris Union” as a starting point for the subsequent globalization in patent rights, the context of early attempts at patent law harmonization was international tension and disagreements. Divergences in patent laws have their roots in the strong heterogeneity manifest among national patent systems developing before 1883. The sheer diversity of patent systems available was indeed highlighted by those critics who sought the abolition of patents rights. The project of harmonization should thus be seen as a defensive response to critics of patenting per se, rather than as the advent of a natural process of legislative convergence. In looking at the 1883 Convention in this light, we see that negotiations there can only be understood in terms of a strong rivalry between the French and German models. Such rivalries continued to characterize the membership of the Paris Union even into the interwar period, raising major doubts about whether the project of harmonization could ever be completed.
The co-construction of “industrial property” law and the culture of invention in Greece occurred most prominently from the first patent law of 1920 up to World War II. I unravel the political and industrial contexts of the emergence of Greece’s first patent law, focusing on the role of engineering figures both in framing patent rights as a privilege conferred upon inventors and in pressing toward new legislation. The resulting 1920 patent law was an incomplete attempt to represent the legal status of patents in terms of rights rather than of privilege. The new Greek law that emerged was thus a compromise between ideological pressures for homogenization and the need to innovate through imitation. Overall this chapter contextualizes this development within the impact of transnational patent legislation in constructing a culture of propertization of knowledge and more particularly in techno-science in Greece. The research is based mainly on published archival material most importantly on technical and legal journals, public press, and legal books of the period.
Unlike rival systems in France and Britain, early United States law from 1790 until 1880 required patentees to supply working models of their inventions. Although the US system was widely copied later in the century (e.g., by Germany and Japan), by that time the models requirement was widely obsolete. Thus by the time of the Paris Convention for the Protection of Industrial Property in 1883, the prior tradition of making and examining models was virtually irrelevant: it curtailed the possible scope of patents, excluding, for example, patents on pure processes. So for these and other reasons inventors’ lobbies vehemently opposed it. Nevertheless the culture of patent models is worth studying both for the light it sheds on shifting concepts of innovation, and as an instrument of international publicity for the US patent system: the requirement of a model shifted attention from motive concept to the apparatus represented. The models requirement, moreover, sustained a culture of invention populated by professional model makers and lawyers clustered in the nation’s capital, as well as a popular public museum.
Across the globe, modern patent laws and their early modern antecedents have served as policy instruments to reward and promote innovation. Best known are the first modern patent regimes in England, France, and the United States along with those systems adopted in the next wave of industrializing nations in Europe. Less examined are those patent systems and patenting cultures in late-developing countries, ranging from Eastern Europe to Latin America and beyond. This chapter examines one of these cases: the emergence of a modern patent system in Mexico between 1890 and 1910. There, new patent institutions drew partly on forms inherited from its colonial Spanish past, but were also shaped by the exigencies of responding to the international economy of the late-century Atlantic world. A partial outlier among other late industrializers, Mexico moved to harmonize its patent system with that of the United States in order to take full advantage of cross-border technology flows.
This first ever account of the history of the Italian patent legislation throughout the nineteenth century describes the salient characteristics of patent systems in the Italian pre-unitary States (Kingdom of Sardinia, Gran Duchy of Tuscany, Lombardo-Veneto Kingdom, Kingdom of the Two Sicilies, etc.). It assesses the extent to which the legacy of these pre-unitary states’ legislation shaped the discussions and the formation of the first Italian patent law after the political Unification in 1861. It then compares the characteristics of the Italian patent law of 1864 with the English, French, and German models, noting that this 1864 law remained substantially unchanged until 1934. Finally it examines, from an Italian perspective, the implementation of the Paris Convention of 1883 in terms of both legislative changes and its effects on the activities of indigenous and foreign inventors in Italy, providing an analysis of the major trends in patenting activities by Italian and foreign inventors and their changes over time.
Drug and alcohol consumption at sporting mass-gathering events (MGEs) has become part of the spectator culture in some countries. The direct and indirect effects of drug and alcohol intoxication at such MGEs has proven problematic to in-event health services as well as local emergency departments (EDs). With EDs already under significant strain from increasing patient presentations, resulting in access block, it is important to understand the impact of sporting and other MGEs on local health services to better inform future planning and provision of health care delivery.
The aim of this review was to explore the impact of sporting MGEs on local health services with a particular focus on drug and alcohol related presentations.
A well-established integrative literature review methodology was undertaken. Six electronic databases and the Prehospital and Disaster Medicine (PDM) journal were searched to identify primary articles related to the aim of the review. Articles were included if published in English, from January 2008 through July 2019, and focused on a sporting MGE, mass-gathering health, EDs, as well as drug and alcohol related presentations.
Seven papers met the criteria for inclusion with eight individual sporting MGEs reported. The patient presentation rate (PPR) to in-event health services ranged from 0.18/1,000 at a rugby game to 41.9/1,000 at a recreational bicycle ride. The transport to hospital rate (TTHR) ranged from 0.02/1,000 to 19/1,000 at the same events. Drug and alcohol related presentations from sporting MGEs contributed up to 10% of ED presentations. Alcohol was a contributing factor in up to 25% of cases of ambulance transfers.
Drug and alcohol intoxication has varying levels of impact on PPR, TTHR, and ED presentation numbers depending on the type of sporting MGE. More research is needed to understand if drug and alcohol intoxication alone influences PPR, TTHR, and ED presentations or if it is multifactorial. Inconsistent data collection and reporting methods make it challenging to compare different sporting MGEs and propose generalizations. It is imperative that future studies adopt more consistent methods and report drug and alcohol data to better inform resource allocation and care provision.
The expansion in subject matter of copyright, design and trade marks has made cumulation of protection a more common occurrence, even if the problem has long been recognised as a challenge for intellectual property law. EU law has no consistent approach to overlapping subject matter. In some cases, cumulation is permitted (and perhaps even mandatory). In others, it is looked upon with disfavour. However, it is clear that when regimes clash and cumulation rejected, trade mark law appears the one most likely to be regarded as pre-empted. This chapter considers reasons why this might be so, and finds most possible reasons wanting. However, this analysis does offer some important insights into the nature and challenges of trade mark law in Europe.
This chapter considers the challenges of undertaking historical research into intellectual property law, from physical, intellectual and methodological challenges, through to challenges of reaching the right audience and conveying relevance. It provides a broad overview of the different kinds of intellectual property histories and legal histories being undertaken and seeks to encourage more students and scholars to engage in rigorous historical research that is based upon primary sources and attentive to the duties and responsibilities of the disciplines of both law and history.
To the elemental question of what is the nature of intellectual property, the conventional answer is that it is ‘intangible’ and hence has no physical existence. This is because, it is said, there is a fundamental dichotomy between the immaterial subject matter that is protected by an IP right and its embodiment in some material object. This chapter revisits the elemental question and comes to the conclusion that the conventional view mis-states the position. In particular, while it is true that IP laws recognise something like the tangible/intangible duality, properly understood the rights granted by those laws do not attach to the immaterial subject matter; rather, they attach to the material object in which the subject matter is embodied. More specifically, while the class of things in respect of which IP protection may be granted includes intangibles, it also includes tangibles. Moreover, the things in that class are material – in that they are perceptible by a human sense.
This chapter both provides a condensed case for why the analysis of intellectual property (IP) through differing regimes of power is a fruitful one, and details a couple of its implications. One is that we need to be attentive to the way IP law creates certain kinds of subjects, and to be willing to critique it on those lines. The other takes the form of a brief discussion of alternatives proposed to IP, in such areas as “low IP” zones and in creative commons-style proposals. I conclude that the degree to which these alternatives fundamentally challenge the neoliberalization of IP and its move away from public biopower, is essential in assessing the extent to which they actually are alternatives. The goal is not to be strongly prescriptive, but, in the manner of Foucault, to help figure out what are the right questions to ask.
Patent law is where the messy evolution of intellectual property into neoliberal biopower is most contested. I begin with the emergence of a new model of medicine in genomics and show how that model functions as a form of neoliberal subjectification insofar as it conceptualizes health as a form of risk management. I then turn to litigation surrounding the patentability of isolated gene fragments, which offers a nearly ideal case study of the stakes in how one models the form of power underlying subject-matter patentability, and how patentability encourages the development of neoliberal agents who model their health in terms borrowed from financial risk. I then turn to two other areas where the Supreme Court is pushing back against an expansive notion of patentability: its revival of patent exhaustion doctrine, and a series of decisions on subject-matter patentability. The chapter concludes by studying the Court’s ruling upholding the PTO’s inter partes review process. The administrative state is a key feature of public biopolitics, and the opinion, concurrence, and dissent clearly illustrate what is at stake in the intersection of differing understandings of power and intellectual property law.
Congenital ductus arteriosus aneurysms develop in the third trimester of fetal life, possibly due to abnormal intimal cushion formation or elastin expression in the ductal wall. It is often diagnosed in infants before 2 months of age. Most have a benign course and resolve spontaneously. However, life-threatening complications have been reported. We report a case of large ductal aneurysm diagnosed incidentally in a neonate, in whom there was a novel mutation in the smooth muscle myosin protein gene—MYH11.
One objective of the patent litigation system is to screen meritorious from non-meritorious patents and invalidate the latter. While much of this screening may occur at trial, some amount of targeting may take place at the time of the filing of the suit itself. In this chapter, we assess the targeting efficiency of the patent litigation system at this earlier filing stage. Should the system indeed screen at this stage, one would predict a higher likelihood of patent lawsuits among a set of patents with weaker underlying validity relative to a set of patents with stronger underlying validity. In prior work (Frakes and Wasserman, Review of Economics and Statistics, 2017), we found that as examiners were given less time to review applications, they granted patents at higher rates, with the resulting marginal patents exhibiting greater markers of invalidity and attracting more litigation. An implication of these findings is that patents with more questionable validity—due to the leniency of the examiner—are indeed more likely to wind up in litigation, a finding supportive of filing-stage screening of meritorious claims. Our analysis in this book chapter attempts to generalize these prior findings to sources of examiner leniency beyond time constraints. More broadly, we characterize an examiner’s leniency by their overall grant rate, taking advantage of the fact that applications are effectively randomized across examiners. Consistent with our prior findings, we find that lenient examiners are more likely, on average, to issue patents with markers suggestive of weaker underlying validity and that are more likely to attract litigation. Ultimately, our findings suggest that legally invalid patents issued by the U.S. Patent Office are substantially more likely to be the target of litigation relative to legally valid patents.
In this chapter, the author discussed the pathophysiology and diagnosis of pulmonary hypertension. The major classifications of pulmonary hypertension are reviewed as well as the current medical management options by pathway effected. The Electrocardiographic and echocardiographic findings in pulmonary hypertension are discussed in relation to severity of illness. The anesthetic considerations necessary in patients with severe pulmonary hypertension are presented.
Patent ductus arteriosus is the most common cardiovascular abnormality in premature infants. With newly available percutaneous devices, centres are reporting high rates of success and favourable safety profiles with percutaneous closure of haemodynamically significant ductus arteriosi in infants under 1000 g. We report the case of a 5-week-old, previous 25-week gestation, 1200-g infant who underwent successful percutaneous closure of a ductus arteriosus with a Medtronic Microvascular Plug but who developed late-term coarctation from the device. This case should prompt practitioners to consider the need and timing of follow-up echocardiograms in this population and sheds light on a newly reported long-term complication of device closure in premature infants.
This chapter advances the argument that religious and ethical reasoning have a role to play in policy debates about patent law, and also in some patent law cases. We begin at the most general level, by arguing that in democratic, pluralist societies, moral and religious argument have a legitimate contribution to make to public discourse tout court. We then make a case for the relevance of religious and moral deliberation for patent law in particular, given that inventions and new technologies that seek patent protection sometimes have significant repercussions for wider society, and patent protection is a way of encouraging and supporting their development. We also consider ways in which religion and ethics might be said to count as relevant evidence not only in patent policy debates, but also in patent proceedings. We address this against the background of the ‘politics of knowledge’ that has arisen in Europe and the United States, and include reference to the explicit immorality exclusion found in European patent legal systems. Given that the interpretation and application of the immorality exclusion has been controversial with lawyers, we finally propose an alternative, potentially more fruitful approach to the exclusion, treating it as a ‘policy lever’.