Is there a Justification for the Existence of Patent Law in the International Pharmaceutical Industry?

Author(s): Bashayer Al-Mukhaizeem | Published online: 12 May 2019

Abstract: Moral and economic dilemmas are often caused by the patent system as new drugs enter the market. This is because patents are mostly centred on economic profit, regardless of the possible negative consequences on public health.(fn) Some of the consequences include the difficulty for the less economically-advantaged classes to access particular drugs(fn) and that a drug is often isolated from competition as a result of a 20-year mandated monopoly. Competition would contribute to a proliferation of medical products and, therefore, reduce the holistic medication price.(fn) Access to effective and affordable medicines is regarded as a prerequisite for global public health. At the same time, the pharmaceutical industries deserved remuneration for the product and its value which they produce. The current system is flawed and must be restructured.

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CASE NOTE: An Onerous Standard of Care in History Taking (FB v Princess Alexandra Hospital)

Author(s): Philippa Kemp | Published online: 17 May 2019

Abstract: n a recent case of appeal against Princess Alexandra Hospital NHS Trust, the Court of Appeal was wrong to find that Dr Rushd breached the standard of care for taking a history in _FB v Princess Alexandra Hospital NHS Trust_ \[2017] EWCA Civ 334. An analysis of the court’s judgment shows that the court has failed to test the standard of care for taking a history against the measure of reasonableness. The application of the measure of reasonableness demonstrates that Dr Rushd did provide a reasonable standard of care. Although the court was right to uphold _Wilsher v Essex AHA_ \[1987] 1 QB 730 because junior doctors should not be held to a lower standard, this does not justify the Court of Appeal setting the standard of care higher than is expected by a reasonable standard. To uphold this precedent places an onerous burden on GPs.

Available in Issue 7, Volume 2 (July 2019)


BOOK REVIEW: Research Handbook on Copyright

Author(s): David Felipe Alvarez Amezquita | Published online: 12 May 2019

Abstract: Copyright clearly faces the constant challenge of achieving a balance between confluent interests of several stakeholders. As it is an area of the law related to culture and science, it touches multiple aspects of legal analysis from philosophy, international law to criminal and private law. This Research Handbook on Copyright presents questions and challenges on copyright issues that project the discipline in the future. This book offers a broad perspective of areas to consider of possible research about copyright. Although most attention is paid mostly to issues related to EU copyright law and its problems of harmonisation, it also reflects global issues and interesting perspectives from other jurisdictions.

Available in Issue 7, Volume 2 (July 2019)