Research Area: Law
Title: Evergreening Patent: The Obstacle of Thai Poor People for Access to Essential Medicines
Keywords: Evergreening patent, Intellectual property, Pharmaceutical Patent, Essential medicines, TRIPS Agreement
Author(s): Nobpanun Treeyutwattana
Author’s Institution: Faculty of Integrated Social Science, Khon Kaen University, Thailand
Volume 4 - Issue 2
Research Area: Law
Abstract: The purpose of this article is to propose effective legal measures to solve problems of inaccessibility to vital drugs in Thailand, without the violation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). One cause of drug inaccessibility in Thailand is pharmaceutical evergreening patents, a strategy used by drug companies to extend the period of patent protection by minimal changes in drug formula without enhancing therapeutic efficacy. The article found that there are four causes of evergreening patents in Thailand. First, there are broad definitions of patentability requirements in the Thai Patent Act 1979. Second, there is a lack of pharmacists sufficiently knowledgeable about pharmaceutical matters to examine drug patent applications. Third, there is a lack of an effective process to oppose patent applications in the Thai Patent Act 1979. Last, Thailand has no clear prescription for revocation of the patent in the Thai Patent Act 1979. To tackle the evergreening issue, this article proposes that solutions can be found in the lessons learned from India and Brazil, two countries that implement pro-health intellectual property policies, because these countries are state member of TRIPS Agreement, like Thailand, and they adopt measures to solve evergreening patent by using the principles and loopholes that TRIPS provides to the members to take benefits to safeguard their people to access essential medicines in more effective ways than Thailand. Therefore, the solutions from such countries not only help to improve people’s access to medicines but importantly, they also do not violate the obligations imposed by the TRIPS Agreement.
Research Area: Law
Title: The Legal Protection for Women Victims of Domestic Violence in Central Aceh
Keywords: Legal Protection, Women, Victims, Central Aceh, Domestic Violence
Author(s): Mawarni Fatma, Bambang Surahman, Khadijah, Basyirah, Patriandi Nuswantoro
Author’s Institution: Faculty of Economy, University of Gajah Putih, Indonesia, Faculty of Agriculture, University of Gajah Putih, Indonesia, and Faculty of Social Science and Politics, University of Gajah Putih, Indonesia
Abstract: The objectives of this study to determine the legal protection measures given to women victims of domestic violence. This study also and to find out the obstacles constitution enforcement in implementing the protection for women victims of domestic violence. The research was conducted in the Takengon (Central Aceh) District Court using a literature review method combined with a field case study. Primary data obtained from the interview, while secondary data obtained from various literature, documents and regulations. The result of the research indicates the protection effort to the women victims of domestic violence and regulated by constitution Indonesian, such as Criminal Crime No. 23/2004 concerning the elimination of domestic violence. The existing legal institution of protection directly such as integrated service centres and legal aids. The constraints of enforcement officials in implementing legal protection for women victims of domestic violence, the victim and family did not provide information about domestic violence. Afterwards, the case of domestic violence wasn’t continued by police due to the victim choose to withdraw the report. Whereas the constraints of the prosecutors’ office, they did not fulfil material requirements such as absence or escape. Afterwards, they did not fulfil formal requirements such as lack of evidence from the judiciary. The victim did not present at the trial. And then the police report did not complete, and the victim did not provide information. The last points are the perpetrator did not absence at the trial.
Research Area: Criminal Law
Title: Disparity in Sentences over Corruption Cases at Court of Cassation
Keywords: Disparity in Sentences, Corruption, Court, Cassation
Author(s): Ukar Priyambodo
Author’s Institution: Faculty of Law, University of Brawijaya, Indonesia
Abstract: In imposing sentences on corruption cases, there is often a disparity in decisions. This is because the laws and regulations do not mention the exact type and level of punishment for crimes and the exitance of the judge’s discretion to decide the concrete case that is not completely regulated in legislation. This raises the issue of legal certainty. This paper aims to minimize the disparity in judges’ decisions in corruption cases, especially at the cassation level. This article elaborates on the meaning of disparity in the context of imposing corruption in a cassation decision based on its ontology, epistemology, and axiology perspective. Furthermore, the authors identify the factors that cause the disparity in the judge’s decision, which is based on the principles of judicial power which include: (1) the principle of fast, low cost, and simple; (2) the principle of ius curia novit; and (3) the principle of “Res Judicata Pro Veritate Habetur”. To minimize the disparity in sentences over corruption cases, it is carried out by: (1) establishing a special minimum system which constitutes special offences beyond Criminal Code; (2) equal understanding about mission and vision among judges in investigating a case; (3) and a judicial body other than judges that is authorised to decide the severity of criminal punishment or the consideration regarding the criminal sentencing needs to be established.
Research Area:Human Nutrition and Public Health
Title: Association Rule Mining on the Healthy Food Preference of High School Students: Inputs for a Canteen Menu Management
Keywords: Data Mining, Association Rule Mining, Healthy Food Choice, Apriori Algorithm, Canteen Management
Author(s): Jasten Keneth D. Treceñe
Author’s Institution: Engineering Department, Eastern Visayas State University–Tanauan Campus, Philippines
Abstract: Sustaining the students’ healthy canteen food and drinks should be a priority in every school. Students share the same predicaments as school canteens serve the same food every day without considering the choice of healthy foods that the students desire. This study employed the Knowledge Discovery on Data (KDD) technique. Ninety-seven (97) out of one hundred thirty (130) junior high school students were the respondents of the study. WEKA data mining tool was used to determine the most preferred foods by the students. The data were analyzed using R programming applying the Apriori algorithm to generate the association rules. The result shows that considering the food preference of the students is the ideal way to improve the school canteen management. The study also revealed that students prefer to eat fruits like apple, orange, mango, and meat such as chicken and pork. Moreover, fruit juices were the most preferred refreshment than water. Biscuits and breads can be served also as snacks. It was discovered that pork and chicken can be partnered to moringa leaves and squash based on the result of the association rules. Health initiative programs can be implemented in the school such as menu alterations in the school canteen based on the food preference, orienting the parents, and implementing a strict policy in selling foods or snacks within the school premises. Since schools play an essential role in influencing the students’ health well-being. Therefore, school canteens should consider locally based and affordable food preference.
Research Area: Law
Title: Analysis of Prita Mulyasari Case on Judicial Review Verdict No. 225 Pk/Pid.Sus/2011
Keywords: Prita Mulyasari, RS. Omni, Information and Electronic Transaction Law
Author(s): Nerissa Arviana, Sari Mandiana, and Jusup Jacobus Setyabudhi
Author’s Institution: Universitas Pelita Harapan Surabaya Campus, Indonesia, Universitas Pelita Harapan Surabaya Campus, Indonesia
Abstract: Social Media Are Growing So Rapidly Now, Besides Having A Positive Impact On Society, It Also Has Negative Impacts Such As Hoaxes, Pornography, And Defamation. Some Cases That Are Closely Related To Social Media Are Criminal Defamation In Violation Of The Information And Electronic Transactions Law, As Experienced By Prita Mulyasari, A Case That Was Initiated By Sending A Complaint Email For Omni Hospital To Her Friends, So She Was Charged Violating No. 11 Of Information And Electronic Transactions Law Year 2008, In This Study, The Author Uses The Doctrinal Or Normative Juridical Research Methodology By Discussing Court Verdict No. 225 PK / PID. SUS / 2011 where Prita Mulyasari Was Dismissed By The Tangerang District Court, But Was Found Guilty At The Supreme Court Level And Finally Was Released Free At The Judicial Review Level.
Research Area: Corporate Governance
Title: Whistleblowing as an Element of Corporate Governance in Mauritius; a Comparative Study
Keywords: Whistleblowing in Mauritius, Corporate Governance and Whistleblowing, Mauritius and reporting malpractices, corporate governance in Mauritius
Author(s): Ambareen Beebeejaun
Author’s Institution: Department of Law, Faculty of Law and Management, University of Mauritius Reduit, Mauritius
Abstract: Whistleblowing is simply speaking out the malpractices. It is an action that helps in exposing an entity’s illegal activities to the public and even signals employers about irregularities that occur in the workplace with the view of rectifying those mistakes in advance. Being an element of good corporate governance, whistleblowing is regarded as a mechanism and process established by organisations to monitor business activities and to take decisions for implementing business objectives effectively and successfully. The purpose of this research paper is to analyse the effectiveness and completeness of the laws relating to whistleblowing in Mauritius. For this purpose, a comparative study is conducted on the related laws of other countries such as the UK and the US against the corresponding provisions of Mauritius laws. Thereafter, recommendations will be suggested on how to improve the existing legal framework on whistleblowing in Mauritius for the purpose of benefitting all stakeholders concerned.