| Editorial |
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| Special feature |
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| Peer-reviewed
articles |
- The Significance of UNESCO’s Universal
Declaration on the Human Genome & Human Rights
Shawn H.E. Harmon, pp.20-46
Modern medical research,
particularly genetic research, is changing the nature of medicine.
Concerns surrounding these changes and their potential negative impact
on human rights led UNESCO to spearhead collaboration by experts in the
creation of an international instrument intended to provide guidance for
the promotion of bioethics and the protection of human rights in the
genetic context. The result was the Universal Declaration of the Human
Genome and Human Rights. This article briefly highlights the scientific
and social setting into which the Declaration was injected. This is
followed by a consideration of the drafting body (the IBC) so as to
assess whether UNESCO was the appropriate body to lead this project. The
process by which the Declaration was created is also considered so as to
assess whether it represents an example of ethical and democratic
drafting. Finally, the substantive content of the Declaration is
considered and measured against the pre-existing regime so as to assess
whether it represents an intelligible and coherent response to the
concerns raised capable of offering guidance now and into the future. By
assessing these procedural and substantive matters, one can draw some
tentative conclusions about the utility and significance of the
Declaration.
- Evolution of Industry Knowledge in the
Public Domain: Prior Art Searching for Software Patents
Jinseok Park, pp.47-70
Searching prior art is a
key part of the patent application and examination processes. A
comprehensive prior art search gives the inventor ideas as to how he can
improve or circumvent existing technology by providing up to date
knowledge on the state of the art. It also enables the patent applicant
to minimise the likelihood of an objection from the patent office. This
article explores the characteristics of prior art associated with
software patents, dealing with difficulties in searching prior art due
to the lack of resources, and considers public contribution to the
formation of prior art databases. It addresses the evolution of
electronic prior art in line with technological development, and
discusses laws and practices in the EPO, USPTO, and the JPO in relation
to the validity of prior art resources on the Internet. This article
also investigates the main features of searching sources and tools in
the three patent offices as well as non-patent literature databases.
Based on the analysis of various searching databases, it provides some
strategies of efficient prior art searching that should be considered
for software-related inventions.
- Public Domain; Public Interest; Public
Funding: Focussing on the ‘three Ps’ in Scientific Research
Dr. Charlotte Waelde and Mags McGinley, pp.71-97
The purpose of this paper
is to discuss the ‘three Ps’ of scientific research: Public Domain;
Public Interest; Public Funding. This is done by examining some of the
difficulties faced by scientists engaged in scientific research who may
have problems working within the constraints of current copyright and
database legislation, where property claims can place obstacles in the
way of research, in other words, the public domain. The article then
looks at perceptions of the public interest and asks whether copyright
and the database right reflect understandings of how this concept should
operate. Thirdly, it considers the relevance of public funding for
scientific research in the context of both the public domain and of the
public interest. Finally, some recent initiatives
seeking to change the contours of the legal framework are be examined.
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The
Shape of Things to Come: Swedish Developments on the Protection of
Privacy
Rebecca Wong, pp.98-113
The article highlights the
tensions that exist in the protection of privacy online in Sweden
following the enactment of the Personal Data Act in 1998. It
raises the question whether the Data Protection Directive 95/46/EC
is outdated (complementing the Directive on Privacy and Electronic
Communications 2002/58/EC) and whether it necessitates a review in
the light of current online developments. The problem with dealing
with the protection of privacy online as a national solution, such
as Sweden does, is that the pervasive application of personal data
in the cyberspace environment is a global problem requiring
solutions that are not confined within the national borders. This
article will consider the Swedish developments and raise the
debate about the need for a global dialogue not confined within
the European Union, but one that engages other countries such as
the United States.
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| Analysis |
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Regulación Para Mundos Digitales:
El Mundo Comunitario
(Regulation of Online Worlds: The Community World)
Erick Iriarte Ahon, pp.114-124
This article provides a
philosophical look at the problem of the
regulation of online worlds and the digital domain. From a general
proposition of the themes of regulation and the possible
theoretical framework that can be used to tackle such subjects,
the author goes into an analysis of specific regulatory solutions
to solve the apparent anarchic nature of the internet. This is
done by proposing the community model of regulation in local and
regional governments to implement Information and Communication
technologies (ICTs) as a possible way to provide a solution to the
solution to the problems described.
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| Book Reviews |
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