Supplementary protection certificates: Advocate General's opinion on formulations

The opinion of Advocate General Léger, published on 24November 2005 in C-431/04, opens the way for extending the durationof certain pharmaceutical formulation patents by means of asupplementary protection certificate (SPC).     

Proof of use, continuity of functions in inter partes proceedings, and three-dimensional marks: Europe in review

Legal context: This article reviews the recent CFI and ECJ case law on proofof use and continuity of functions in the context of oppositionproceedings as well as the strict approach to three-dimensionalmarks. Key points: Unlike the situation in many common law jurisdictions, the Communitytrade mark regime is not a use-based system. Nevertheless, oncea mark has been registered for more than five years, the rightsthat it seeks to protect may only be enforceable to the extentthat the sign has been used for the goods and services it covers.In the context of opposition proceedings, applicants may callfor evidence that the opponent has actually used the mark onwhich the opposition is based. The concept of ‘genuineuse’ - which must be demonstrated in order to show thata mark has actually been used - has come before the Court ofJustice for further clarification. Where proof of use is adducedfor the first time before the Board of Appeal, the Court ofFirst Instance believes that, because of the principle of thecontinuity of functions, it is not out of time. That analysishas not been supported by the recent opinion of Advocate GeneralSharpston in the Arcol case and there is now considerable uncertaintypending a final pronouncement on the issue by the Court of Justice.In the meantime, the case law from Luxembourg continues to insiston three dimensional marks being like any other type of mark,whilst taking a very strict approach to the registrability ofsuch signs. Practical significance: The evidence of use to be adduced need not be quantatively significantand the ‘hurdle to be jumped’ is somewhat ‘lower’than was previously the case. Whether negligent representativesmay continue to use the continuity of functions principle tojustify recouping missed deadlines on appeal (particularly,when presenting proof of use), remains to be seen. However,what is certain is that three-dimensional marks will continueto be difficult to register.     

The Ends of Innocence: Age as a Mode of Inquiry in Sociolegal Studies

This article considers two recent books in the history of childhood, youth, and the law: Holly Brewer, By Birth or Consent and Stephen Robertson, Crimes Against Children . It argues that these works mark the emergence of age as a category of analysis in sociolegal studies. It calls for further investigations in the legal history of childhood and youth, outlines several areas of interest, and suggests that attention to age will alter how scholars look at the law by complicating key concepts such as innocence, authority, and citizenship. Studies of age and the law could benefit from cross-cultural and transnational approaches.     

Making Sense of COMPSTAT: A Theory-Based Analysis of Organizational Change in Three Police Departments

COMPSTAT, the latest innovation in American policing, has been widely heralded as a management and technological system whose elements work together to transform police organizations radically. Skeptical observers suggest that COMPSTAT merely reinforces existing structures and practices. However, in trying to assess how much COMPSTAT has altered police organizations, research has failed to provide a broader theoretical basis for explaining how COMPSTAT operates and for understanding the implications of this reform. This article compares two different perspectives on organizations—technical/rational and institutional—to COMPSTAT's adoption and operation in three municipal police departments. Based on fieldwork, our analysis suggests that relative to technical considerations for changing each organization to improve its effectiveness, all three sites adopted COMPSTAT in response to strong institutional pressures to appear progressive and successful. Furthermore, institutional theory better explained the nature of the changes we observed under COMPSTAT than the technical/rational model. The greatest collective emphasis was on those COMPSTAT elements that were most likely to confer legitimacy, and on implementing them in ways that would minimize disruption to existing organizational routines. COMPSTAT was less successful when trying to provide a basis for rigorously assessing organizational performance, and when trying to change those structures and routines widely accepted as being "appropriate." We posit that it will take profound changes in the technical and institutional environments of American police agencies for police departments to restructure in the ways anticipated by a technically efficient COMPSTAT.     

To arrest insecurity: time for a revised security sector reform agenda

Despite the exponential growth in the attention and resources devoted to security sector reform (SSR), positive tangible outcomes remain hard to find. A ‘conceptual-contextual’ divide exists between SSR's stated goals and its actual implementation, a fissure that suggests the need to re-evaluate its tenets as currently conceived and practiced. This paper contributes to such a reappraisal and argues for a new round of SSR debate and policy formulation that will be simultaneously more pragmatic and less ambitious, while listening carefully to the wishes of those who are to benefit from SSR. Our core argument is that the current understanding of SSR policy provides practitioners with neither the requisite intellectual foundation nor practical guidance to craft institutions that arrest insecurity. Consequently, a number of the central concepts of the current SSR agenda—local ownership, civil society, governance, multi-sectoral approach, etc.—need to be recast to make them operationally effective, managerially coherent, and susceptible to measurable evaluation.     

SUPERVISING VISITS BETWEEN PARENT AND CHILD

Serious conflicts can arise when contacts between a child and a parent require supervision unless specific guidelines and objectives are clarified for all involved parties. This article discusses supervision objectives, the importance of maintaining the parent-child relationship, instances warranting recommendation for no parental contact, qualifications of the supervisor, and practical guidelines for supervision.     

Cooperative Hegemony and Summitry in the Americas

As an instrument for governance, summitry is a novel structure for the management of contemporary hemispheric regionalism in the Americas. Such regionalism is a clear case of the "structuralist paradox" of international cooperation. This article attempts to explain the particular asymmetric regionalism in the Americas by using the concept of cooperative hegemony. The underlying hypothesis is that the U.S. government, since 1994, has pursued a strategy of cooperative behavior, at least in regard to power sharing, in two specific phases of hemispheric regionalism: agenda setting and institutionalization. This study tests the hypothesis through a content analysis of the main documents produced at the Miami, Santiago, and Quebec summits, then relates these findings to the progress of institutionalization from 1994 to 2003.