Civil service and democracy: Questions in reforming the civil service in eastern and central Europe

The debate over public service reform is taking place at a time of flux when old models are being challenged everywhere. This article discusses issues of institutional transfer, as between western and east and central Europe, relative to civil service reform and democratisation. It presents several models to describe the place of the civil service in the democratic state and the implications of each for civil service organisation. It argues for a better balance between a legal approach, which tends to dominate advice coming from some continental European countries, and one which emphasises ‘good’ rather than just ‘correct’ relations between administration and citizens. This distinction is fundamental in so far as, under the UK Citizens Charter for example, the citizen is seen as a ‘customer’ rather than a mere ‘user’ of services he has no influence over. The article concludes that, given the differences in culture, political climate and economic situation of ‘recipient’ countries in east and central Europe, each must search for its own reforms, looking for questions rather than answers.     

Is there still a place for gene patents in Australia? Implications of recent United States and European case law

This article considers the ramifications of recent United States and European litigation relating to patents claiming rights to genes associated with hereditary forms of breast cancer (the so-called BRCA genes) for recently commenced Australian litigation relating to the same subject matter. The article is contextualised with brief summaries of the relevant patent law, the science of genetics, the history of the BRCA genes and an overview of the activities of the patent holder. The analysis of first instance and appeal decisions on the validity of the United States BRCA patents shows the final outcome is still highly uncertain in that jurisdiction, while the European litigation provides little assistance in predicting the outcome of the Australian action. This article concludes that the outcome of the Australian litigation is an issue that cannot be determined with any certainty due to the lack of specific, relevant precedents both in Australia and in other jurisdictions.