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).     

Bubbles! The indispensability of the Comparative Advertising Directive to trade mark law

The use by H3G of bubbles in a television advertisement comparingmobile telephone prices complied with the Comparative AdvertisingDirective and thus did not infringe O2's trade mark registrationsfor bubbles. Supplementary data in the form of a clip of theadvertisement discussed in this article is available at www.jiplp.oxfordjournals.org.     

Dispute Settlement under the Rome Statute of the International Criminal Court: Article 119 and the Possible Role of the International Court of Justice

This paper examines the dispute settlement procedure establishedby Article 119 of the Rome Statute of the International CriminalCourt, with particular attention paid to whether that provisioncreates any relationship between the International CriminalCourt and the International Court of Justice. The paper firstdiscusses the jurisdictional reach of Article 119, detailingthe types of disputes addressed in its two subsections and themanner in which such disputes are to be handled. Secondly, itfocuses on the possibility of referral of disputes covered inArticle 119(2) to the International Court of Justice. Althoughthe provision expressly contemplates such a referral, it remainsunclear whether the provision adequately supports the jurisdictionof the International Court of Justice in accordance with theStatute of that Court. The paper goes on to suggest ways inwhich the International Criminal Court Assembly of States Partiescan take steps to improve the likelihood that such referralwould be deemed proper in order to enhance the possible andfinal settlement of disputes.     

Project USA: American competitiveness and what must be done to restore it

The United States today faces a loss of influence as a world power, a reduction in American independence as a policymaker, and a decline in the standard of living on which Americans have come to depend. History teaches that nations weaker and less productive than the United States can rise to become economic powerhouses and rapidly increase their standards of living. History also teaches that nations failing to recognize their fundamental problems will inevitably decline. American politicians must face what is abundantly clear: the United States is losing ground and must act quickly to reverse its course. This White Paper outlines what must be done. Information about the nation's current status must be analyzed and communicated. Incentives to improve the level of competence in government must be provided and maintained. The emphasis of government policy must be changed to reflect broad economic and technological interests as opposed to special interests. Savings must be encouraged and increased. Infrastructure must be improved Tax laws must be modified to help bring these changes about. Economic and technological issues must be elevated to the importance they require. American thinking must reflect the new realities: that the age of leadership through military power is over, that the requirements for success in the world of the 1990s and beyond require a sound and growing economy that is internationally competitive. The US can accomplish these goals only through foundation-shaking, comprehensive, fundamental changealong the lines we propose herein.This paper is the executive summary (with minor editing modifications) of a white paper that is available from Cornell University's Johnson Graduate School of Management.