Timing is everything: the demarcation of 'later' abortions in Scotland

Feminist STS analyses of contemporary reproductive medicine have illustrated the proliferation of practices that position fetuses as individual subjects, and have highlighted the major implications of such practices for pregnant women. In an attempt to challenge medicine's claims to 'know' the fetus, this body of literature has also demonstrated the renegotiable basis of pregnant/fetal subjectivity, using detailed empirical analyses of the practices through which particular pregnant and fetal subjects emerge in particular contexts. In this paper I contribute to this endeavour utilizing an empirical case study of an important, but neglected aspect of reproductive healthcare: the demarcation of temporal thresholds on abortion provision in the absence of diagnosed fetal abnormality. Drawing on semi-structured interviews with Scottish health professionals, I explore the discursive practices through which they demarcate 'later' abortion as a problematic decision. I argue that such practices are intimately dependent on particular co-constructions of temporality and pregnant/fetal subjectivity, and support this argument with reference to the counter-representations of the gestational timing of abortion that emerge from a minority of health professionals' accounts. I suggest that, collectively, this body of data illustrates the opportunities that (re)presenting temporality would afford those engaged in attempts to foster the construction of less oppressive pregnant/fetal subjectivities. My broader aim is to illustrate the insights that feminist theorizations of pregnant/fetal subjectivity gain from explicit engagement with another important theme of contemporary STS scholarship, namely, the constitutive role played by representations of temporality in technoscientific innovation and practice.     

The realness of risk: gene technology in Germany

This paper examines the material relations of risk within a dispute about the hazards of manufacturing human insulin using gene technology, and the r?le played by the referent 'real risk' in the technical performance of risk in that dispute. It draws on recent work in science and technology studies that extends actor-network theory to examine the performance of reality in scientific practice. The multiplicity of risks in the dispute, and the links made and unmade between them, are examined. I argue that in the dispute, risks were contingently linked and separated around a referent 'real risk' that emerged within the recombinant DNA debate of the late 1970s. I contrast my account of risk with realist and relativist accounts, each of which values risk as an abstract entity. In my account, risk's value is contingent upon sets of material relations that link hazards and procedures for their minimization. Risk's realness emerges as some risks are linked and others separated, working a multiple/singular relation in an ontological politics of risk.     

X-rays as evidence in German orthopedic surgery, 1895-1900

Historians have found it difficult to give a general account of the early medical use of X-rays in medicine. While the rays were hailed by some as a miracle technology, their early medical application was patchy, often remaining subsidiary to traditional methods of diagnosis and treatment, and was of disputed value. In this essay, I argue that the selective appropriation of the new technology needs to be understood within the wider medical practice of the period. The argument is developed around the case of orthopedic surgery in Germany, probably the first example in which doctors quickly made X-rays indispensable as a medical tool. I show that value of X-rays in this case was contingent upon an ongoing dispute, the theory and practice of surgical intervention, and the sociology of new surgical knowledge.     

知名商品特有名称的司法认定标准及保护——北京九龙制药厂诉山西康宝生物制品股份有限公司等不正当竞争纠纷案

在涉及侵犯知名商品的特有名称的不正当竞争纠纷案中,法官一般考虑两个层面的问题：首先需要认定“知名商品”的主张是否成立,若成立,其次才对涉案商品名称是否为知名商品的“特有”名称作出认定。知名商品的特有名称如果不能通过持续不断的使用宣传使其具有商标法意义上的显着性而向商标注册演进,就有可能被淡化。知名商品的特有名称权是一个需要个案认定才能产生的权利,具有状态不确定性。     

The vexing but persistent problem of authorship misconduct in research

This paper examines authorship misconduct: practices such as gift, guest, honorary and ghost authorship (excluding plagiarism) that involve inappropriate attribution of authorship credits. Drawing on the existing literature, we describe the extent of authorship misconduct and why it presents a problem. We then construct a simple matching model of guest authorship to show how researchers can form teams (of two) where one researcher free-rides off the efforts of the other; at equilibrium, the latter is content for this free-riding to occur, rather than forming a different team involving no free-riding. We discuss how this model can be generalized to incorporate honorary and gift authorship, and why capturing ghost authorship may require significant changes to the modelling. While formal (game-theoretic) modelling of other aspects of research misconduct is prevalent in the literature, to our knowledge, ours is the first attempt to isolate the strategic interaction that leads to authorship misconduct. If authorship misconduct is a rational choice by researchers, we investigate the use of a monitoring-punishment approach to eliminate the free-riding equilibria. The possibility of monitoring is not just theoretical: we outline the recent advances in distributed ledger technology and authorship forensics that make monitoring of research workflows a viable strategy for institutions to curb authorship misconduct. One of the advantages of working with our simple model is that it provides a framework to examine the relationship between efficiency and ethics in this context, an issue that has by and large been ignored in the literature.     

專利佈局意識與分案申請——以最高人民法院知識産權法庭第一槌案爲研究對象

—、概述2019年3月27日上午,最高人民法院公開開庭審理了上訴人厦門盧卡斯汽車配件有限公司(以下簡稱"盧卡斯公司")、厦門富可汽車配件有限公司(以下簡稱"富可公司")與被上訴人法國瓦萊奥清洗系統公司(以下簡稱"瓦萊奥公司")、原審被告陳某强侵害名稱爲"機動車觌的刮水器的連接器及相應的連接裝置"的發明專利權糾紛一案。     

Public provision of sales contingent claims backed finance to SMEs: A policy alternative

In Europe (and elsewhere) governments intervene to stimulate innovation in the SME sector, and because SMEs face financial constraints in particular, governments encourage the provision of debt and equity (venture capital) finance to such firms. This paper discusses sales contingent claim (SCC) backed finance - funding secured only on a claim written on sales - that offers a different repayment profile to debt and equity. The attractiveness of such finance to firms as well as the behaviour of firms financed in this way are analysed. For various reasons SCC-backed financial instruments are generally not available to SMEs on the market, but it is argued that wider availability could further stimulate the growth and innovative activity of SMEs. The correction of this market incompleteness by the introduction of government schemes providing SCC-backed corporate finance for SMEs in higher risk (higher tech) sectors is recommended. The workability of such a scheme is explored by looking at existing examples aimed largely at project finance for larger firms.     

举证妨碍规则在知识产权案件中的适用——九阳公司、王旭宁诉帅佳公司等侵犯发明专利权纠纷案评析

本案涉及名称为“智能型家用全自动豆浆机”的发明专利（专利号ZL99PP2253．4）,由王旭宁于1999年6月1日申请,并于2001年P2月5日获得授权。 2001年P2月8日,王旭宁将上述专利在全国范围内独家许可山东九阳小家电有限公司（下称九阳公司）实施,合同规定的许可期限同于专利有效期,许可费为300万元。     

From the ivory tower to the startup garage: Organizational context and commercialization processes

An impressive literature documents how individual-level factors correlate with entrepreneurship and commercialization behaviors. We have far less insight, however, into how different organizational contexts may, in fact, play a dominant role in shaping these individuals and their behaviors. In this paper, I leverage a unique case of commercialization in which a largely overlapping team attempted to commercialize a technology in two different organizational contexts – first, in a university and later in a startup firm. By detailing the contextual features in each organizational environment and by linking these features to the participants’ differing approaches and attitudes toward commercialization, I extend the current literature through a demonstration of how organizational context shapes not only the initial decision to become an entrepreneur, but also the specific ways in which individuals interpret and act upon an entrepreneurial mission. More generally, I contribute to the literature on the commercialization of university research by highlighting some of the challenges inherent in adapting a context optimized for exploration to the task of exploitation.     

我国发明专利审查周期的影响因素探析

当前,在专利申请量激增和技术快速更新的背景下,包括我国在内的全球主要国家的专利系统均面临日益严重的审查积压挑战。本文以2003年我国发明专利申请数据为分析样本,利用生存分析的方法,对我国发明专利审查周期的影响因素进行了分析。分析发现,IPC分类数、专利引文数、申请来源国是影响我国发明专利审查周期的保护因素,而权利要求数是危险因素。为此,本文提出可以通过设定准确界定IPC分类的义务、提高引文标准、提高权利要求附加费标准、实现差异化的政治倾向等措施缓解审查积压,提高我国专利授权系统的运行绩效。     

Antirationalist critique or fifth column of scientism? Challenges from Doctor Who to the mad scientist trope

Much of the public understanding of science literature dealing with fictional scientists claims that scientist villains by their nature embody an antiscience critique. I characterize this claim and its founding assumptions as the "mad scientist" trope. I show how scientist villain characters from the science fiction television series Doctor Who undermine the trope via the programme's use of rhetorical strategies similar to Gilbert and Mulkay's empiricist and contingent repertoires, which define and patrol the boundaries between "science" and "non-science." I discuss three such strategies, including the literal framing of scientist villains as "mad." All three strategies exclude the characters from science, relieve science of responsibility for their villainy, and overtly or covertly contribute to the delivery of pro-science messages consistent with rationalist scientism. I focus on scientist villains from the most popular era of Doctor Who, the mid 1970s, when the show embraced the gothic horror genre.     

Working knowledges before and after circa 1800: practices and disciplines in the history of science, technology, and medicine

Historians of science, inasmuch as they are concerned with knowledges and practices rather than institutions, have tended of late to focus on case studies of common processes such as experiment and publication. In so doing, they tend to treat science as a single category, with various local instantiations. Or, alternatively, they relate cases to their specific local contexts. In neither approach do the cases or their contexts build easily into broader histories, reconstructing changing knowledge practices across time and space. This essay argues that by systematically deconstructing the practices of science and technology and medicine (STM) into common, recurrent elements, we can gain usefully "configurational" views, not just of particular cases and contexts but of synchronic variety and diachronic changes, both short term and long. To this end, we can begin with the customary actors' disciplines of early modern knowledge (natural philosophy, natural history, mixed mathematics, and experimental philosophy), which can be understood as elemental "ways of knowing and working," variously combined and disputed. I argue that these same working knowledges, together with a later mode-synthetic experimentation and systematic invention-may also serve for the analysis of STM from the late eighteenth century to the present. The old divisions continued explicitly and importantly after circa 1800, but they were also "built into" an array of new sciences. This historiographic analysis can help clarify a number of common problems: about the multiplicity of the sciences, the importance of various styles in science, and the relations between science and technology and medicine. It suggests new readings of major changes in STM, including the first and second scientific revolutions and the transformations of biomedicine from the later twentieth century. It offers ways of recasting both microhistories and macrohistories, so reducing the apparent distance between them. And it may thus facilitate both more constructive uses of case studies and more innovative and acceptable longer histories.     

论学会发表与新颖性丧失的例外

使发明创造取得专利,可以排除第三人实施相同的发明创造,回避第三者的重复投资的风险。大学及研究机构的学者、科研人员的成果,在发明创造中占有重要的地位。而学会发表、论文发表又是大学、研究机构的学者、科研人员展示研究成果的优先性、提高声誉、增加交流的重要途径。如何解决学会发表与专利新颖性丧失的矛盾是非常重要的。因此,必须充分理解新颖性丧失的例外的本质和条件,更加合理地应用这一制度,促进学者、科研人员的研究成果专利化的进程。     

我国自主创新战略和国际竞争力问题的系统和辩证视角分析

自主创新不仅包括原始创新(前端自主创新),也应包括消化创新、集成创新、推广创新、局部创新、模仿创新等(后端自主创新)。众所周知,日本主要通过后端自主创新在不少重要高技术领域超过了美国。要使自主创新对我国的国际竞争力产生现实影响,必须从系统思维以及辩证视角对其进行研究。我们的结论是,中国在现阶段以及今后相当一段时期,应采取后端自主创新为主、前端自主创新为辅的战略方针。     

方法发明专利的侵权判定—BASF公司诉南通施壮化工有限公司侵犯专利权纠纷案评析

专利侵权纠纷涉及新产品制造方法的发明专利的,制造同样产品的单位或者个人应当提供其产品制造方法不同於专利方法的证明。本文王要探讨了新产品的认定、新产品的举证责任分配及侵权判定中的举赞责任分配问题。     

Social networking technology and the virtues

This paper argues in favor of more widespread and systematic applications of a virtue-based normative framework to questions about the ethical impact of information technologies, and social networking technologies in particular. The first stage of the argument identifies several distinctive features of virtue ethics that make it uniquely suited to the domain of IT ethics, while remaining complementary to other normative approaches. I also note its potential to reconcile a number of significant methodological conflicts and debates in the existing literature, including tensions between phenomenological and constructivist perspectives. Finally, I claim that a virtue-based perspective is needed to correct for a strong utilitarian bias in the research methodologies of existing empirical studies on the social and ethical impact of IT. The second part of the paper offers an abbreviated demonstration of the merits of virtue ethics by showing how it might usefully illuminate the moral dimension of emerging social networking technologies. I focus here on the potential impact of such technologies on three virtues typically honed in communicative practices: patience, honesty and empathy.     

Law machines: scale models, forensic materiality and the making of modern patent law

Early US patent law was machine made. Before the Patent Office took on the function of examining patent applications in 1836, questions of novelty and priority were determined in court, within the forum of the infringement action. And at all levels of litigation, from the circuit courts up to the Supreme Court, working models were the media through which doctrine, evidence and argument were made legible, communicated and interpreted. A model could be set on a table, pointed at, picked up, rotated or upended so as to display a point of interest to a particular audience within the courtroom, and, crucially, set in motion to reveal the 'mode of operation' of a machine. The immediate object of demonstration was to distinguish the intangible invention from its tangible embodiment, but models also'machined' patent law itself. Demonstrations of patent claims with models articulated and resolved a set of conceptual tensions that still make the definition and apprehension of the invention difficult, even today, but they resolved these tensions in the register of materiality, performativity and visibility, rather than the register of conceptuality. The story of models tells us something about how inventions emerge and subsist within the context of patent litigation and patent doctrine, and it offers a starting point for renewed reflection on the question of how technology becomes property.     

Contextualizing entrepreneurial innovation: A narrative perspective

We review literatures that inform entrepreneurial innovation, paying particular attention to different conceptualizations of contexts. Early research explored micro and macro approaches with some scholars taking an actor-centric perspective and others a context-centric perspective. Bridging these perspectives, different scholars proposed multilevel approaches, arguing that opportunities are “found” or “made” by entrepreneurs whose efforts are moderated by contexts. More recent constitutive approaches, such as those informed by structuration, complexity and disequilibrium theories, have viewed entrepreneurial innovation as a process wherein actors and contexts are co-created. We add to constitutive approaches by examining how entrepreneurs contextualize innovation through narratives. A narrative perspective considers entrepreneurial innovation as an ongoing process involving embedded actors who contextualize innovation through performative efforts. We discuss the implications of this perspective for policy, entrepreneurs, and research.     

The geography of breakthrough invention in the United States over the 20th century

The geography of breakthrough invention in the U.S. – defined as the spatial distribution of the production of patents that are both novel and impactful – underwent three broad changes during the 20th century. At the start of the century, breakthrough invention was concentrated in populous metropolitan areas with high levels of local knowledge variety. By the 1930s, breakthroughs were created less frequently across the entire country and so their invention had a less distinct geography. The substantial creation of breakthroughs resumed in the 1960s, and while their invention was once again concentrated in major metropolitan areas with high knowledge variety, they frequently involved long-distance collaboration. In this article, I document these changes and propose a theory to interpret why they occurred. The theory emphasizes how changes in inventors' institutional and communication technology environments influence the geographical locations that are advantageous for breakthrough invention. In support of the model, I find that the disruptiveness of the regime of technological change, the knowledge intensity of breakthroughs, the distance-based frictions incurred by collaboration technologies, and the distance-based frictions incurred by knowledge-sourcing technologies help to predict the spatial distribution of breakthrough invention. To conclude the article, I discuss lessons that the 20th century's geography of breakthrough innovation provide for anticipating the geography of innovation in the 21st century, including in the years beyond COVID-19.     

Putting to (information) work: A Stengersian perspective on how information technologies and people influence information practices

Instead of merely subscribing to an unspecific inseparability in the co-constitution or mangle of information technologies and human-actors, there is a need for conceptual tools to describe and explicate the mechanics of how the enmeshment of technologies and human-beings is occurring in information contexts: how information technologies are both setting standards of the social conduct of information practices, and how people are using information technologies to regulate the social process. Building on an empirical study of human-technology relations in the context of archaeological information work, this article discusses how the imaginary of putting Stengers to work can make a contribution to such an end. Stengers describes an ideal system of human-actors and technology working seamlessly —World-as-Clock—that is unattainable but can serve as a benchmark and a lens for understanding frictions and discrepancies in the cohesion of the two.