Licensing Agreements Research Articles

Near-data Prediction Based Speculative Optimization in a Distribution Environment

Hadoop is an open source from Apache with a distributed file system and MapReduce distributed computing framework. The current Apache 2.0 license agreement supports on-demand payment by consumers for cloud platform services, helping users leverage their respective different hardware to provides cloud services. In cloud-based environment, there is a need to balance the resource requirements of workloads, optimize load performance, and the cloud compute costs to manage. When the processing power of clustered machines varies widely, such as when hardware is aging or overloaded, Hadoop offers a speculative execution (SE) optimization strategy, by monitoring task progress in real time, in the starting identical backup tasks on different nodes when multiple tasks under a job are not running at the same speed, providing the first to go. The completed calculations maintain the overall progress of the job. At present, the SE strategy’s incorrect selection of backup nodes and resource constraints may result in poor Hadoop performance, and subsequent tasks cannot be completed execution and other problems. This paper proposes an SE optimization strategy based on near data prediction, which analyzes the prediction of real-time task execution information to predict the required running time, select backup nodes based on actual requirements and approximate data to make the SE strategy achieve the best performance. Experiments prove that in a heterogeneous Hadoop environment, the optimization strategy can effectively improve the effectiveness and accuracy of various tasks and enhance the performance of cloud computing. Platform performance can benefits consumers better than before.

Enforceability of industrial property licenses agreements and juridical effects in Cuba

Este artículo presenta la oponibilidad de los contratos de licencias de marcas y patente, con los beneficios que garantiza la publicidad de este tipo de actos realizados por las partes. Se abordan los diferentes sistemas jurídicos que tratan la oponibilidad de estos contratos, estableciendo como clasificación los sistemas obligatorios y facultativos según el carácter de la anotación de los contratos de licencias. Asimismo, se analizan los principales efectos jurídicos, con especial énfasis en el contexto cubano.

THE ROLE OF LEGAL PROTECTION OF NEW SOYBEAN VARIETIES IN CURRENT CONDITIONS

Currently, the protection of the rights of patent holders of domestic varieties of main agricultural crops is one of the priority tasks for the development of Russian breeding. The most dynamically developing crop in the first decade of the 21st century was soybean. The article presents material on the state of the soybean industry in the Russian Federation in terms of the share of use of soybean seeds of domestic selection, the legal practice of the Federal Research Center of the All-Russian Scientific Research Institute of Soybeans, the mechanism for concluding license agreements and protecting the rights of patent holders of new highly productive varieties. A high level of agricultural development is possible only with close cooperation between scientists and producers, therefore, first of all it is necessary to develop the regulatory framework to increase the effectiveness of this cooperation. Producers should be interested in acquiring a new developments and have the necessary funds to do these, and developers should be sure that the commercial using of their products will be adequately protected, which will ensure their interest in creating successful breeding achievements on the market.

Trends and considerations in cell and gene therapy M&A, partnering and IP

David McCall, Editor, Cell and Gene Therapy Insightsspeaks to Ewan Townsend, Partner, Arnold & PorterEwan Townsend’s practice at Arnold & Porter focusses on the commercial transactions involved in the development, exploitation and commercialization of medicinal products, representing many of the world’s most sophisticated biotechnology and pharmaceutical companies. His experience includes structuring, drafting and negotiating licence and collaboration agreements, manufacturing, distribution and supply agreements, material transfer agreements, clinical trial agreements, services agreements, co-promotion/co-development alliances, pharmacovigilance and quality agreements. Ewan also advises on the regulatory issues that frequently arise in the context of those transactions and throughout the medicinal product life cycle, particularly in relation to marketing authorizations, manufacturing, distribution, advertising, pricing and reimbursement.

Saying the Quiet Part Loud: Making incremental and big gains in library licensing agreements

Saying the Quiet Part Loud: Making incremental and big gains in library licensing agreements

Методические подходы и экономическое обоснование лицензионных вознаграждений за селекционные достижения в льняном подкомплексе

Abstract. The paper presents the results of scientific research in the field of flax growing, based on the study of methods and methods for calculating the value of the royalty rate for a selection achievement on the example of financial and economic relations between the Federal State Budgetary Institution of the LC and economic entities, the factors that can influence the amount of royalties in the flax subcomplex are given. Methodological approaches for calculating the projected amount of royalties at the conclusion of a non-exclusive license agreement with potential licensees are presented. The procedure for calculating the amount of royalties for inventions is set out in a number of regulatory legal acts that have been in force since the USSR. However, there is currently no methodology for calculating rewards for breeding achievements in the field of flax growing. The relevance of the study is to develop a methodology for calculating the amount of mandatory payments for the use of a selection achievement in a linen subcomplex. This technique will speed up the procedure for assessing the cost of breeding achievements – domestic varieties of flax. The application of the methodology will ensure an increase in the efficiency of the management of breeding achievements as a material asset that brings income to a scientific institution. The purpose of this study is to develop a methodology for calculating rewards for the use of a selection achievement as an object of intellectual property, using the example of flax varieties created in the FSBI FNC LC, taking into account the biological characteristics of the culture and the specifics of production in the flax subcomplex. Methods. In the course of the study, methods of comparative, abstract-logical, functional-cost analysis, expert evaluation were used. The result of practical application is the new methodological approaches developed by the authors to the calculation of the license fee for the use of breeding achievements – flax varieties, taking into account factors affecting the amount of royalties. The scientific novelty. It consists in the economic justification of the methodology for calculating license fees for the use of domestic varieties of flax in relation to various subjects of the Russian Federation and the areas of application of flax raw materials (textiles, medicine, etc.), taking into account the biological characteristics of the culture and the specifics of its production.

Geography and the speed of green technology diffusion

ABSTRACT A fast adoption and diffusion of green technologies will be essential for a successful transition of the world’s economies towards more sustainable modes of production and consumption. This article investigates the speed of green technology diffusion in China using a unique data set, which lists geocoded patent licence agreements for green technologies from 2000–2019. We focus on the relation between spatial determinants, including geographic proximity and regional technological specialisation, and the time-to-adoption, thus analysing the factors explaining the time between technology development (patent application) and technology adoption (licencing). The main finding is that geographic proximity to the innovator is associated with an accelerated time-to-adoption. Moreover, we find that the more a region specialises in green technologies, the faster a patent is licenced within that region.

DRLNPS: A deep reinforcement learning network path switching solution

SummaryThis paper proposes a solution to the problem of switching between different network paths. We choose to switch between multiprotocol label switching (MPLS) and software‐defined wide area networking (SD‐WAN) connections specifically as they are the mainstream currently. The solution should maintain a service license agreement (SLA) while choosing SD‐WAN as long as possible to save cost. Therefore, a deep reinforcement learning solution is proposed that predicts when to switch based on bandwidth availability and quality of service (QoS) parameters like jitter and delay. Results show that double deep Q learning in combination with these parameters are suitable to make a sophisticated decision on link switching between MPLS and SD‐WAN.

ThePost‐PoliticalViolence of Racial Property Regimes: Maintaining Gardens’ Land Insecurity through Abstract Codes in East Harlem,NYC

AbstractSix community gardens on City‐owned land in East Harlem have been evicted and relocated for a private mixed‐income and mixed‐use development under Mayor de Blasio’s citywide affordable housing plan, Housing New York. Although the licence agreements enabling gardeners to use public land contained a clerical error concerning which lots gardeners could use, public–private coalitions generating urban space production forcefully affirmed their authority on the interpretation of documents, feeding into the bureaucratic violence of spatial abstraction and racial land injustice. Licence agreements are devices of control over space and its users, and tools of abstraction toward accumulation and racial capitalism. Black and Brown community gardeners have led efforts of urban regeneration when the City rolled back public services in inner‐city neighbourhoods and appropriated land improvements through licence agreements. Housing New York is now catalysing urban regeneration—or City‐led gentrification—for middle‐income and wealthy earners in neighbourhoods with a past of decline. Through the violent story of spatial abstraction and commodification of land used as community gardens, I show how the contestation around a piece of land during participatory governance unfolds through the state’s demonstration of authority with an aura of legality and transparency.

Legal Implications of Foreign Investment Relating to Technology Transfer in the Patent Regime

Introduction: The issue of technology transfer is a problem that is always faced by developing countries, including Indonesia. Since Indonesia has directed its economic development by focusing on the industrial sector, until the industrial sector has become the backbone of the national economy.Purposes of the Research: forms of technology transfer in investment and procedures for technology transfer in investment activities in Indonesia.Methods of the Research: the method used in this research is normative juridical to analyze the legal problems contained in the legislation releted to the problem under study with a qualitative analysis.Results of the Research: the results shown that foreign investment and technology transfer are in inseparable pair. Technology transfer or often reffered to as technology transfer includes, product, production processes and machinery. The technology transfer procedure can be transferred by employing individual foreign experts, providing supplies of machines and other equipment. Legal implication in technology transfer can occur in various forms, such as licensing agreements in technology, technology owners can facilitate technology by giving rights to each person/entity to implement technology with a license, expertise and technology assistance.

The Application of EU Competition Law to the Exploitation of Human Genome Editing Technology.

This paper explores the application of EU Competition Law to the exploitation of human genome editing technology. Holders of key patents in the sector have applied different methods for disseminating the technology, such as different forms of licensing agreement and patent pools. It is found that that the competition rules are ill-suited to assess some of the licensing arrangements applied, which give rise to legal uncertainty. Accordingly, holders of patents on human genome editing technology may be discouraged to apply efficient methods for disseminating the technology. This may delay or obstruct some of the benefits the technology is supposed to deliver to the market, maker actors and consumers.

Barriers to Worldwide Access for Paxlovid, a New Treatment for COVID-19.

Pfizer and the Medicines Patent Pool (MPP) have reached a voluntary licensing agreement for Paxlovid (nirmatrelvir+ritonavir), a novel antiviral for coronavirus disease 2019 (COVID-19) taken orally in the first 5 days from symptom onset. The Pfizer-MPP deal enables 95 low- and middle-income countries (L/MICs) to access affordable biosimilars. Generics are delayed awaiting bioequivalence testing and may be ineffective in L/MICs with reduced testing capacity, which comprise only 10% of global diagnoses. Thirty-nine percent of diagnoses originate in MICs forced to pay high prices due to exclusion from the Pfizer-MPP deal. The cost-effectiveness of Paxlovid could be limited compared with the creation of sustainable vaccine infrastructure in these nations, delaying socioeconomic pandemic recovery. Furthermore, Paxlovid may not be cost-effective in vaccinated populations, and concerns remain over ritonavir drug interactions with COVID-19 comorbidity medications. We call for expanded coverage by the Paxlovid-MPP deal and greater access to testing.

Feasibility Evaluation Of Passenger Piers At Jangari Pier, Cirata Reservation, West Java Province

Jangari Pier is the most active activity point in the Cirata Reservoir, West Java Province, located in Cianjur Regency. The water activities in the Cirata Reservoir consist of the tourism, fisheries, and water transportation activities carried out under the supervision of the Transportation Agency in the Cirata Reservoir Environment on the basis of a cooperation agreement between the reservoir manager, namely PT PJB UP Cirata and UPTD PPP LLASDP West Java Province which placing the Cirata LLASD Service Unit, with an operating license agreement in the form of supervision of water transportation activities in the Cirata Reservoir. Water transportation is one of the most important and strategic aspects in facilitating the wheels of development, and strengthening unity and integrity, in the water transportation sector which requires comfortable and proper passenger transportation facilities in accordance with guidelines and standards. Guidelines regarding standard facilities and dock dimensions that are suitable for ships operating in passenger boarding activities at Jangari Pier based on dock analysis in the dock planning book by Bambang Triatmodjo in 2010 and Director General of Land Transportation Regulation number: KP.4756/AP005/DRJD/2020 regarding the Technical Guidelines for the Sungai Danau Stop by evaluating passenger boarding and descending activities to determine the type of pier that is in accordance with the characteristics of the Cirata reservoir so that passenger boarding and descending activities are safe, and comfortable in accordance with the calculations carried out with the aim that passenger boarding activities take place optimally.

Benchmark Library Metrics and Trends

Per the vendor, Benchmark: Library Metrics and Trends “provides libraries with data visualizations that facilitate comparisons with customized peer groups, Carnegie classes, and nationwide data.” Navigating this database can be somewhat difficult, as it has no starting point that will be obvious to the user. It takes some time to click on the various tabs and determine what functionality is available and how to use it. Therefore, a new user might benefit from instruction in the use of this database from either the vendor or someone else familiar with it. Despite these complexities, this resource offers its users a broad and varied range of data on the institutions covered therein. This includes total expenditures, circulation, information services, FTE staff, collections institutional repositories, Interlibrary Loan, group presentations, hours opens per week, weeks effected by COVID 19, student enrollment, gate-count, and materials and operations expenditures. The last of these includes total salary expenditures for all FTE librarians and other paid staff, as well as student assistants, but doesn't include salary information for specific positions.There are two levels of access to this database, the first of which is free! It allows academic libraries to view and complete open ACRL surveys and see their responses to previous surveys, among other things. The second level of access is via subscription. It gives libraries access to all of the free features, plus a custom report builder, interactive data dashboards, and the means to generate custom peer groups. The cost of the subscription portion of this database depends on whether the library subscribing is an academic or company/corporate one, and/or is part of a consortia. There are also discounts available for ACRL members and libraries that have participated in the database's 2020 survey. Consequently, the subscription price can range from an annual cost of $3,000 (for consortia) to $428 (for academic libraries taking advantage of all available discounts). Overall, most libraries will find this pricing quite reasonable. However, it's advisable that potential subscribers contact the vendor for a price quote specific to their institution. The licensing agreement for this database isn't particularly long and is in many ways average in its composition, so it presents little reason for concern.

Copyright Protection in the Digital Single Market: Potential Consequences for Content Platform Competition

This paper scrutinizes the effects of the European Directive on Copyright in the Digital Single Market on platform competition. Platforms that are online content-sharing service providers must have a license agreement with collective management organizations that control the content platform that users may – or must not – upload to the platform. The paper shows that the new directive may imply market concentration and an aggregate welfare loss. The reason is that only users of the large platform (in a dual platform setting) will be allowed to upload content if the content assets are sufficiently valuable and if network effects are strong.

The Payer License Agreement, or "Netflix model," for hepatitis C virus therapies enables universal treatment access, lowers costs and incentivizes innovation and competition.

Background and AimsHigh unit prices of treatments limit access. For epidemics like that of hepatitis C virus (HCV), reduced treatment access increases prevalence and incidence, making the infectious disease increasingly difficult to manage. The objective of the current study was to construct and test an alternative pricing model, the Payer License Agreement (PLA), and determine whether it could improve outcomes, cut costs and incentivize innovation versus the current unit‐based pricing model.MethodsWe built and used computational models of hepatitis C disease progression, treatment, and pricing in historical and future scenarios and quantitatively analyzed their economic and epidemiological impact in three high‐income countries.ResultsThis study had three key results regarding HCV treatment. First, if the PLA model had been implemented when interferon‐free direct‐acting antiviral (DAA) combinations launched, the number of patients treated and cured would have more than doubled in the first three years, while the liver‐related deaths (LRDs) would have decreased by around 40%. Second, if the PLA model had been implemented beginning in 2018, the year that several Netflix‐like payment models were under implementation, the number of treated and cured patients would nearly double, and the LRDs would decline by more than 55%. Third, implementing the PLA model would result in a decline in total payer costs of more than 25%, with an increase to pharmaceutical manufacturer revenues of 10%. These results were true across the three healthcare landscapes studied, the USA, the UK and Italy, and were robust against variations to critical model parameters through sensitivity analysis.Conclusions and RelevanceThese results suggest that implementation of the PLA model in high‐income countries across a variety of health system contexts would improve patient outcomes at lower payer cost with more stable revenue for pharmaceutical manufacturers. Health policy‐makers in high‐income countries should consider the PLA model for application to more cost‐effective management of HCV, and explore its application for other infectious diseases with curative therapies available now or soon.

НЕСПРАВЕДЛИВЫЕ УСЛОВИЯ В ДОКТРИНЕ И ИХ ПРОЯВЛЕНИЕ В ЛИЦЕНЗИОННЫХ СОГЛАШЕНИЯХ

The article examines the criteria of unfair terms in the civil law of the Russian Federation and the specifics of their manifestation in license agreements. The conducted research has shown that the common markers of unfair terms are a clear burden on one of the parties and a violation of the balance of interests. There are also specific manifestations, such as excessive liability, excessive price, the possibility of unilateral refusal on unfavorable terms, etc. From the analysis of domestic and foreign literature and practice, it follows that unfair terms in license agreements take almost the same forms as in contracts from Part II of the Civil Code of the Russian Federation. However, there is a specificity due to a specific result of intellectual activity.

Neurohypophyseal Peptides from Prague and Swedish Laboratories Used as Pharmaceuticals. Part 2: Desmopressin, Terlipressin, Carbetocin – Pharmacology and Clinical Applications

Licence agreements between the Institute of Organic Chemistry and Biochemistry, Czechoslovak Academy of Sciences, Prague (IOCB), and the pharmaceutical company Ferring AB Malmö enabled the Swedish company to produce and commercialize worldwide a number of neurohypophyseal peptides designed at the IOCB. Several of them found therapeutic applications.
 dDAVP: 1-deamino-8-ᴅ-arginine-vasopressin was designed in one of the IOCB peptide laboratories (M. Zaoral and F. Šorm) in 1967. It displayed an extremely high antidiuretic activity (various tests indicate a 2- to 50-fold increase, as compared to arginine vasopressin) and a very low pressor activity. The peptide (covered by the U.S. Patent No. 3,497,491, 1970) has been used as a preferred drug in the substitution therapy of the central form of diabetes insipidus (Minirin®, today as Desmopressin INN). Besides, as later discovered (Mannucci et al. 1977), dDAVP increases the plasma concentration of the blood-clotting factor VIII. This fact extended its clinical use as haemostatics in cases of milder forms of haemophilia A, von Willebrand-Jürgens syndrome and some thrombocyte dysfunctions. Despite of the clinical success of dDAVP, a closer look reveals certain inadequacies in the presently available pharmacological data: several reports declare activity values and the prolongation effect (index of persistence) in very broad ranges.
 Triglycyl-8-lysine-vasopressin (Terlipressin), a peptide with lysine vasopressin chain extended at the N‑terminal by a triglycine residue, acts mainly as a prodrug (releasing lysine vasopressin after aminopeptidase splitting at the Nα group). The analogue belongs to the so-called „synthetic hormonogens“; individual peptides carrying various acylating groups were synthesized in the mid-sixties at the IOCB and legally protected by U.S. Patent No. 3,558,590 (1968). It was a part of the licence agreements mentioned above. The activities of triglycyl-8-lysine-vasopressin (both antidiuretic and vasopressor) are about 100 times lower than those of lysine vasopressin, but its persistence is 5 times longer. As such, it is occasionally used in emergency medicine in cases of esophageal (and other gastroenteral) bleeding, traumatic or septic shock, in cirrhotic patients and patients with portal hypertension. Its use as an early abortion drug was discussed but not pursued.
 Carbetocin (deaminocarba1-2-O-methyltyrosin-oxytocin) was synthetized in the laboratory of Karel Jošt at the IOCB before 1971; its synthesis was covered by a Czechoslovak patent (CS-149,028 B1) in June 1973 (at that time, Czechoslovak patent law did not provide for the patentability of substances as such) and first published in a biophysical communication by Frič et al., 1974). As a part of the licence agreement, it was included in the production program of Ferring AB, but marketed later also by several other pharmaceutical companies due to an incomplete patent protection. The peptide is a moderately active uterotonic partial agonist and as such has been utilized in veterinary obstetrics for delivery induction in cows and (multiparous) pigs: its milder and better-controlled uterotonic action was found preferential as compared to oxytocin so far used for these purposes. In the last two decades, carbetocin has been commonly used also in the human obstetrics, especially to prevent the peri- and post-partum haemorrhage, from the maternal side the most frequent and most severe delivery complication. It became a life-saving drug in emergency obstetrics.

Validitas Akad Dalam Perjanjian Lisensi Hak Cipta Di Indonesia

The license agreement is the latest form of business agreement that has started to appear in the modernization era. Like a business, a license agreement offers an attractive profit so that it can attract interest from various circles, especially in Indonesia. Business through this license agreement is carried out in the form of cooperation between the parties with certain mechanisms. This is a causality of the need for research on the mechanisms and provisions in this agreement. This study aims to explain the validity of the contract in the license agreement in the realm of Indonesian positive law which regulates this matter. Through technical content analysis, this research finds that the mechanism for licensing agreements on copyrights is carried out through the creation of a written contract. The validity of the license agreement is shown by the mechanism that meets the requirements and the pillars of the contract and applies the principles of the contract into it.

End-user flexibilities in digital copyright law – an empirical analysis of end-user license agreements*

In the platform age, copyright protected contents are primarily disseminated over the internet. This model poses various challenges to the copyright regime that was mainly designed in and for the analogue age. One of these challenges is related to the fair balance between the interests of rightholders and other members of the society. Copyright norms try to guarantee this balance by granting a high level of protection for rightholders and preserving some flexibility for end-users. The present article focuses on whether platforms' end-user license agreements contribute to the preservation of that balance, and how they allow for or diminish the exercise of user flexibilities. We collected, analysed and compared the private ordering practices of 17 service providers grouped in four main categories. Our empirical examination demonstrated that intermediaries offer substantive flexibilities for their consumers, on the one hand, and they meaningfully limit the possibilities and decrease the expectations of end-users by restricting certain uses and providing limited access to contents, on the other hand. We measured the flexibility of the selected platforms, and we provided for the state of the art of platform flexibilities in the period preceding the implementation deadline of the EU's CDSM Directive.