EU update

This is the latest edition of Baker & McKenzie’s column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside websites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Chemical enhancement of footwear impressions in urine on fabric

A range of chemical techniques were utilised for the enhancement of footwear impressions deposited on a variety of fabric types of different colours with urine as a contaminant. A semi-automated stamping device was used to deliver test impressions at a set force to minimise the variability between impressions; multiple impressions were produced and enhanced by each reagent to determine the repeatability of the enhancement. Urine samples from different donors were analysed using a spectrofluorophotometer revealing differences between individuals. Results indicated that the enhancement of footwear impressions in urine was possible using amino acid staining techniques whereas protein stains failed to achieve successful enhancement.     

Controlling the variable of pressure in the production of test footwear impressions

Footwear impression lifting and enhancement techniques may be affected by several variables introduced during the production of test footwear impressions, thus limiting the usefulness of enhancement technique comparisons and the results obtained. One such variable is the force applied when the impressed mark is being made. Producing consistent test impressions for research into footwear enhancement techniques would therefore be beneficial. This study was designed to control pressure in the production of test footwear impressions when mimicking a stamping action. Twenty-seven volunteers were asked to stamp on two different surfaces and the average stamping force was recorded. Information from the data obtained was used to design and build a mechanical device which could be calibrated to consistently deliver footwear impressions with the same force onto a receiving surface. Preliminary experiments using this device and different contaminants on the footwear sole have yielded consistent and repeatable impressions. Controlling the variable of pressure for the production of test impressions in this study demonstrated that the differences observed were visual (due to the amount of contaminant transferred and subsequent enhancement) and did not affect the replication of outer sole characteristics. This paper reports the development of the device and illustrates the quality of the impressions produced.     

The economics of environmental law enforcement: end-of-life vehicles

Abandoned End-of-Life Vehicles (ELVs) have been an environmental concern for a long time in a number of countries. This article examines different ways to address the issue by changing the incentive structure for agents. Following (Polinsky A. M., & Shavell, S. (2000). The Economic theory of public enforcement of law. Journal of Economic Literature, 38, 45–76.) a model is used to compare a fine-based system with a deposit-refund system; a combination of the two is then considered. It is shown that when the environmental harm is relatively low and constant, a deposit-refund system is preferred. When cases of high environmental harm are included, the optimal choice would be a combined system.      

Locard's Principle of Exchange,Dental Examination and Fragments of Skin

The transfer of materials between victim and perpetrator was first reported by Locard in the nineteenth century. While in recent years DNA testing has been very successful in matching biological material from crime scenes to perpetrators, the following cases demonstrate that other more time‐honored methods remain useful. Two cases of lethal assault are reported where the victims had bitten their assailants resulting in fragments of the perpetrators’ skin being wedged between their teeth which were discovered during post mortem oral examinations. As the fragments were able to be matched to injuries in the perpetrators, identification was established prior to confirmatory DNA testing. In case 1 a criminal conviction for manslaughter resulted, and in case 2 the identity of the assailant was confirmed. Examination of a properly exposed and illuminated oral cavity may provide useful evidence in assault cases. These cases represent an unusual dental variant of Locard's principle.     

Lessons from Democratic Transitions: Case Studies from Asia

In an era when democratization is stalled or in retreat in many parts of the world, it is important to highlight the successful democratic experience of East and Southeast Asia in recent decades. Five consolidated democracies have emerged since the mid-1980s; only Thailand has seen some backsliding with the 2006 coup. The Asian cases provide insights into several major debates in the democratization literature, including the relative importance of culture, history, economic structure, and the optimal sequencing of political and economic reform. This article reviews these issues, with particular attention to the role of outside powers in underpinning democratization. Ultimately, the Asian cases offer evidence for optimism about the prospects of a Fourth Wave of democratization.     

DNA fingerprints and rape: A feminist assessment

Can the use of DNA fingerprinting reduce the frequency of rape? Feminist technology assessment is used here to evaluate this new forensic technique, which distinguishes between persons by differences in DNA sequences in variable regions of their chromosomes. Although everyone's DNA pattern is unique, the statistical degrees of difference among sub-populations within ethnic and racial groups are not fully known. The technique is beset by laboratory errors, difficulties in interpretation, and lack of quality control. Policy analysts may also be troubled by the politics behind the harassment of expert witnesses, the rejection by journals of critical articles, the influence of the FBI on federal assessment reports, and the inequitable distribution of costs and benefits. The cases of British rapist-murderer Colin Pitchfork, San Diego rape victim Alicia Wade, and eight exonerated convicts demonstrate how the technique can clear probably innocent rape suspects, but they illustrate little rape-prevention capacity. If DNA testing accurately exonerates a suspect, then the police may continue searching; yet, a test with greater power to exonerate may let criminals escape and may lower the credibility of rape victims' eyewitness testimony. Furthermore, any accurate DNA typing might foster behavior to avoid apprehension or the reduction of sentences through plea-bargaining, thus having a negative effect on deterrence. Despite clear benefit to individual women in specific circumstances, this technique is likely, overall, to be disadvantageous to women. The rape victim identifies her assailant in a police line-up again before the jury in court. He is convicted and put behind bars. Some years later he hears about DNA testing and convinces his lawyer to get tests on the semen that was fund on the victim's clothes. when results show that he could not have been the rapist, he is released from prison. Yet the victim remains convinced that he was the man who attacked her and lives in fear that will find her and rape her again.¹     

Strategies to enhance price and quality competition in health care: lessons learned from tracking local markets

Drawing on observations from tracking changes in local health care markets over the past ten years, this article critiques two Federal Trade Commission and Department of Justice recommendations to enhance price and quality competition. First, we take issue with the notion that consumers, acting independently, will drive greater competition in health care markets. Rather we suggest an important role remains for trusted agents who can analyze inherently complex price and quality information and negotiate on consumers' behalf. With aggregated information identifying providers who deliver cost-effective care, consumers would be better positioned to respond to financial incentives about where to seek care and thereby drive more meaningful competition among providers to reduce costs and improve quality. Second, we take issue with the FTC/DOJ recommendation to provide more direct subsidies to prevent distortions in competition. In the current political environment, it is not practical to provide direct subsidies for all of the unfunded care that exists in health care markets today; instead, some interference with competition may be necessary to protect cross subsidies. Barriers can be reduced, though, by revising pricing policies that have resulted in marked disparities in the relative profitability of different services.