No room for Asia-Pacifists?

When this Journal decided to run a special issue on IP in theAsia-Pacific region, it was following the conventional wisdomof the profession and the marketplace. For many years, the conceptof the Asia-Pacific sold conferences and printed publications.And it was on this assumption that JIPLP based its decisionto give over its March issue for coverage of that zone. However,there comes a point in the life of     

Managing generic competition and patent strategies in the pharmaceutical industry

Legal context: The income streams of originating pharmaceutical manufacturersare under pressure as never before, from increasing R&Dcosts, regulatory pressures, and competition from generic manufacturers.This article examines the various strategies which originatingpharmaceutical manufacturers have adopted in response to thesethreats. Key points: The authors consider various strategies, including SupplementaryProtection Certificates, life-cycle management (‘evergreening’),second pharmaceutical use claims, trade marks, and the use ofdata exclusivity and interim injunctions, in order to prolongthe protection given to existing products, and to manage competitionfrom generic manufacturers. Practical significance: The authors also include two real-life case studies in orderto illustrate the practical applications of the strategies discussedin the article.     

Public attitudes towards the death penalty

Responses to a general question regarding the use of the death penalty were compared with the sentences that respondents chose in a set of scenarios describing homicide cases. The percentage of respondents who assigned the death sentence in one or more of the following scenarios was higher than those who favored the death penalty in the abstract question, but there were inconsistencies in the answers. A majority assigned the death penalty only for the most heinous offender described, and the figures were lower for other crimes, even clear cases of first degree murder. At the same time, a manipulation involving information about methods of execution did not affect answers. These results strongly suggest that the abstract questions typically used in public opinion polls do not accurately reflect the public's feelings about use of the death penalty in specific cases. More generally, research on public opinion regarding criminal justice policies should survey a variety of specific circumstances.     

Making the innocent pay

Even those of us who enter the legal profession for reasonsof personal advancement or greed can spot an injustice whenwe see it. As students and raw recruits to the profession, weshare with our clients the notion that, in any cause, one sideis ‘right’ and the other ‘wrong’. Toallow the party in the wrong to vanquish the party in the rightwould be unjust, notwithstanding the fact that the law permitsit. In time our perspective mellows: we learn to appreciatethat